Avery Arc hitectural and Fine Arts Library (ill i * H Si \k H u \i l)i km ( )i n Yi ikk I ihk \m Digitized by the Internet Archive in 2013 http://archive.org/details/newyorkcityconsoOOnewy NEW YORK CITY CONSOLIDATION ACT OF 1882. AN ACT CONSOLIDATE INTO ONE ACT AND TO DECLARE THE Special and Local Laws ' AFFECTING K '0 p C f PUBLIC INTERESTS IN" THE City of New York BEING Chapteb 410 or the Laws of 1882. NEW YORK: C. ('.. 1U rgoyxe. Printer, 29 Rose Street. 1882. NOTE. At the time that the following act was reported hy the Com- mittee in the Assembly, I caused some extra copies to be printed, and, in response to numerous inquiries, some of them are now placed on sale. Chapter 410 of the Laws of 1882 takes effect on March 1, L883, and will, from that date, substantially supersede a large mass of special and local legislation relating to the City of New York, which may be roughly described under Hie following beads: First, the laws as to the powers, duties and liabilities of all officers and departments of the City Government, including the provisions contained in what is commonly known as " the ('baiter;" second, the laws as to all courts and local officers, and officers exercising their powers specially in this city, though not technically officers of the City Government; third, as to taxation, assessments, opening and closing streets, changing grades, &c. ; fourth, as to piers, wharfage and the waters of the harbor; fifth, as to fences, auctions, amusements, buildings, tenement and lodging houses, fires and their prevention; sixth, as to immigration, pilotage, the portwardens, protection of sailors, &c; seventh, as to births, deaths, health, duties of phy- sicians, &c. ; eighth, as to elections, mechanics' liens,&c. ; ninth, as to crimes and procedure; tenth, as to the commitment of children and others to charitable or reformatory societies and institutions. This act is the result of much careful labor. In 1879, by chapter 53G, the Legislature provided for a compilation of the laws which form its basis. The corporation counsel, Mr. Wil- liam 0. Whitney, Mr. Peter B. Olney and myself became com- missioners under that act and prepared a Compilation, which was presented to the Legislature in 1880 in t wo printed volumes, containing nearly 2,200 pages. By chapter 595, of the Laws of that year, this Compilation was declared to contain, pre- sumptively, all special and local laws affecting public interests in force in the City of New York on January 1, 1880, and as such was authorized to be cited in the Courts. Under chapter 594, of the same year, the same persons were constituted commissioners " to revise all the special or local laws affecting public interests in the City of New York which shall he in force at tbe time such commissionei-s shall make their final report, or at such time prior theretpas said commissioners shall find advisable. In making such revision the said commis- sioners shall not make any change in the meaning of existing laws, but shall seek to simplify and to mould into consistent acts all existing statutes upon matters embraced in such special and local laws. They shall not include, in such revision, any special acts relating to corporations or societies, except such as are en- titled to receive money from the city, or those to whose care children or criminals are, under existing laws, committed." In May, 1SS1, the commissioners submitted to the Legislature a draft of the revision in a large volume, in which the draft and the acts upon which it was based were printed upon facing pages. The Legislature of that year, by chapter 537, expressly re- pealed several hundred acts and parts of acts which the com- missioners had, in the preparation of the compilation of 1880, treated as repealed, or in effect superseded. By chapter 572, of the Laws of the same year, the commis- sioners were directed to report to the Legislature of eighteen bundled and eighty-two their final draft, incorporating therein the legislation of 1881. The present act embodies that final draft. There was passed, in 1813, ''an act to reduce several laws relating particularly to the City of New York into one act.*' That is. I believe, the only authorized attempt ever made to consolidate the public acts relating to the City of New York. The late Hon. Henry E. Davies in 1855 prepared a "Compila- tion of the Laws of the State of New York, relating particularly to the City of New York. " In 1862 Mr. Valentine, the Clerk of the Board of Aldermen, prepared a work under the same title. Hon. Murray Hoffman published in 1865 a " Digest of charters, stat- 3 utes, and ordinances of and relating to the Corporation of the City of New York.*' Though each of these works was pub- lished at tin 1 expense of the city, and prepared at the request of its authorities, none of them ever had, T believe, any statutory recognition. It therefore remains true that the Act of 1818 was, before the passage of the Act of 1882, the last authorized consolidation and revision of the laves relating to this city. In submitting their draft to the legislature of 1881, the Commissioners said: ; 1 This act [of 1880 1 requires, it will be perceived, that we shall not make any change in the meaning of existing laws, but shall seek to simplify and to mould into consistent acts all existing statutes upon matters embraced in 1 the Special or Local Laws affecting Public Interests in the City of New York.' We have endeavored strictly to conform to this provision, though, of course, we have had sometimes to adopt one of two or more possible constructions of a statute or statutes. * * We have not changed the language except where it seemed necessary in combining together two or more provisions, or where the nature of the case absolutely required it. The conse- quence is, of course, that there is not that uniformity of style and expression which would be found if we were preparing a new statute ; but both the law under which we act and our own judgment lead us to prefer this course rather than to run any unnecessary risk of changing the meaning of existing statutes. * * We have treated some laws as obsolete, without being- able to point to the specific act which supersedes them, but we have done this so sparingly that we may perhaps have exposed ourselves to the criticism of having exhumed dead and forgot- ten laws. We preferred this course rather than to run the risk of omitting wdiat is really useful and operative. Subject to this explanation, we have revised only what may be called the active laws' — that is, those under which something remains to be done, either constantly or at some time or times — while we have omitted laws which were temporary in their purpose, and laws which, though the basis of the existing order of things— the foundation of existing rights — seem not properly the subject of revision, as nothing affirmative remains to be done under them. Such omitted laws embrace those which define the location of existing streets and parks and the lines of the water-front, which authorize the issue of bonds where the authority has been fully exercised, which authorize the erection of buildings or public improvements which have been fully completed, which give the city its interest in real estate, and other similar acts. They, like many general laws of the State, are necessary to be referred to from time to time, but, as we have said, do not seem the proper subjects of revision. Indeed, a revision of some of them would tend to do harm rather than good. There are vari- ous State laws, more or less general in their terms, which, how- ever, find their chief application in this city and its vicinity. Such are the laws as to quarantine, emigration, harbor masters and shore inspector. We have inserted nothing on the subject of quarantine, but have included those parts of the laws relating to the other subjects above mentioned which are,.in terms, con- fined to the city in their application. We have treated as com- ing within the scope of our duties certain acts applicable to the cities of the State generally, but we have not included the gen- eral laws which apply to the local officers of the city equally with other portions of the State, as the Surrogate, County Clerk and District Attorney." The marginal references show the chapter and section on which each new section is based. The word ''Comp." refers to the "Compilation of the Special and Local Laws affecting Pub- lic Interests in the City of New York, in Force on January 1, 1880," prepared, as already stated, under chapter five hundred and thirty-six of the Laws of eighteen hundred and seventy- nine. It will be observed that the Act 'contains no provision ex- pressly repealing the laws and parts of laws believed to be su- perseded by it. The result is that so far as anything has been omitted which ought to have been inserted, the provision omitted can still be resorted to; while this act is, of course, con- clusive as to what is expressly inserted in it. It is intended after a time to advise the passage of a law expressly repealing all prior provisions on subjects embraced in this act. A printed copy of the act, specially prepared to avoid engros- ser's errors, was presented to and signed by the Governor. But by an error of the binder, page 669 was not only inserted in its proper place buf was as passed also inserted in place of page CD'.* ; the intended page 699 being omitted. The error will, of course, be corrected before the act goes into effect; and in order thai these copies may be finally corrected 1 have inserted both the proper page 699 and the one wrongly included. After the error shall have been corrected by legislature it will be easy to tear out the latter. <;koi;<;k bliss LAWS OF 1882. CHAPTER 410. ■ _A^HNT ACT TO CONSOLIDATE INTO ONE ACT AND TO DECLARE THE SPECIAL AND LOCAL LAWS AFFECTING PUBLIC INTERESTS IN THE CITY OF NEW YORK. The People of the State of New York represented in Senate and Assembly do enact as follows: CHAPTER I. Boundaries of City and County and of Wards. Boundaries of § 1. The cify and county of New York shall contain the i b.s. <&.<«, u- islands called Manhattan Island, North Brothers Island, Great no! i Barn or Ward's Island, Little Barn or Randall's Island, Man- \kmn.ut-,1m, ning's or Blackwell's Island, Nutten or Governor's Island, Bed- re-enact«ii8:». low's Island, Bucking or Ellis Island, and the Oyster islands; oomp/iifjiB. ° J ' S. ch. 2, title 1. and also all the territory which formerly constituted the towns s">. com P in: m m * 1846, ch. 279, of Mornsama, West Farms, and Kingsbridge, in the county of ^^"Po 1111 Westchester, being all the territory which lies westerly of the S^'iuli^ centre of the Bronx river, and southerly of a line commencing in fjkf ch p ^"w the centre of the Bronx river at latitude 40° 53' 59 T 2 ff y north, and §Jj8!Sl $m ; m! longitude 73° 51' 35 T 8 o y west of Greenwich, and running on a ch.^si.romp straight line westerly to a point on the low water mark of the \m tC h ,> eastern bank of the Hudson river at latitude 40° 54' 53 x Vtt" north, {? ! > J^)ha, 1T5 - BOUNDARIES OF CITY AND COUNTY. and longitude' 73° 54' 38-&V west of Greenwich, and thence westerly in a straight line to the west bounds of - the State; to- gether with all the land under water within tfie following bounds : beginning at Spuyten Duyvil Creek, where the low water mark of the northern bank thereof intersects the low water mark on the eastern bank of the Hudson river and running thence along said creek at low water mark on the northern side thereof to the Harlem river, thence along the low water mark on the eastern bank thereof, to the Bronx Kills ; thence along the low water mark on the northern bank thereof to the low water mark of the northwestern shore of Long Island Sound, thence along the low water mark of the northwestern and northern shore of Long Island Sound to the month of the Bronx river at Hunt's Point ; thence along the low water mark as far as the same may extend in the Bronx river, and the mouth thereof to the low water mark of Long Island Sound at the western side of Clausson's Point ; thence across Long Island Sound to College Point on Nassau or Long Island to low water mark there, thence southwesterly across Flushing Bay to low water mark at San- ford's Point between Flushingand Bowery bays; including Great Barn or Ward's Island, and Little Barn or Randall's Island; then along Nassau or Long Island shore, at low water mark, and in- cluding Manning's or Blackwell's Island, to the south side of the Red Hook; then across the North river so as to include Nutton or Governor's Island, Bedlow's Island, Bucking or Ellis Island, s*si8M, cii. b. and the Oyster islands, to the west bounds of the State, and thence northerly along the west bounds of the State to the junction with the above-mentioned prolongation westerly of the northern boundary line of the city and county of New York, from the low water mark on the eastern bank of the Hudson river; thence easterly along said line to the easterly bank of the Hudson river at low water mark, thence southerly along said easterly bank, at low water mark, to the poinUor place of be- ginning. 1R.S. ch.2, j< 2. The city of New York contains all that part of this State com^iajo. comprehended within the bounds of the county of New York, and is divided into twenty-four wards, in the manner following, that is to say : First ward. The first ward shall begin in the middle of Broadway, at a point where it is intersected by the middle of Liberty street, and run from the said point of intersection, through the middle of Liberty street, southeasterly, to the middle of Maiden lane; then down the middle of Maiden Lane, and from thence in a straight line running in the same direction across the East river, to low watermark on Nassau or Long Island; and thence along Nassau or Long Island shore, at low water mark, to the south side of BOlNDAIilKs oF WAHDS. Rod Hook; and then across Hudson river, so as to include Nutten or Governor's Island, Bod low's Island, Bucking or Ellis Island, and the Oyster islands, and all the waters of this State in the hay of New York, and to the southward thereof, and which are not comprehended in any other county, to low water mark on the west side of Hudson river, or so far as the bounds of this State extend: then up along the west side of Hudson river, at low water mark, or along the limits of this State, to a place due west from the middle of the west end of Liberty street; then to the middle of Liberty street; then through the middle of Liberty street to the middle of Broadway, at the place of heginning. §3. The second ward shall hegin at the southeasterly corner ia,s.^.8,wk of the first ward, and run thence along the easterly bounds Second w ard, thereof, across the East river to the middle of Broadway ; then up the middle of Broadway to a point opposite the middle of Park row ; then through tin? middle of Park row to a point opposite to the middle of Spruce (formerly George) street ; then down the middle of Spruce street to the middle of Gold street : then through the middle of Gold street to a point opposite to € the middle of Ferry street ; then through the middle of ferry street, in a line running in the same direction across the East river to Nassau or Long Island, to low water mark ; then along Nassau or Long Island, at low water, to the place of bo- ginning. >j 4. The third ward shall begin on the west side of Hudson ml river, at the northwesterly coiner of the first Ward, and run- ThirUward - ning thence due east to the middle of Liberty street ; then through the middle of Liberty street to the middle of Broad- way ; then through the middle of Broadway to a point opposite to the middle of Reade street ; then through the middle of Reade street, in a line running in the same direction across Hudson river, to low water mark, on the west side thereof, or so far as the bounds of the State extend ; then down the west side of Hudson river, at low water mark, or along the limits of this State, to the place of beginning, § 5. The fourth ward shall begin at the northerly corner of «• the second ward, and run thence through the middle of Chat- Fo,lrth ward ' ham street, to a point opposite to the middle of Catharine street ; and then through the middle of Catharine street, in a line run- ning in the same direction across the East river, to low water mark, on Nassau or Long Island ; then along Nassau or Long Island shore, at low water mark to the bounds of the second ward ; and then northwesterly along the bounds of the second ward, to the place of beginning. § 6. The fifth ward shall begin at the northwesterly cQrner id.|i,Oanip.m. of the third ward, and ran thence along the northerly hounds fifth ward. t BOUNDARIES <>K WARDS. thereof, to the middle of Broadway; then through the mid- dle of Broadway to the middle of Canal street; then through the middle of Canal street to Hudson river; then din- west to low water mark, on the west side of Hudson river, or so far as the hounds of this State extend ; then down along the west Bide of Hudson river, at low water mark, or along the limits of this . State, to the place of beginning. M^e^cnp.m § The sixth ward shall begin a! a point in the middle of suth wnr.i. Broadway, where it is intersected by the middle of Canal street, and run thence through the middle of Canal street to where it is intersected by the middle of Centre street; then through the middle of Centre street to the middle of Walker street; then through the middle of Walker and Canal streets to the middle of the Bowery road ; then through the middle of the Bowery road to the middle of Chatham street ; then through the middle of Chatham street and Park row to the middle of Broadway, and then through the middle of Broadway to the place of be- ginning. , (1 ,^ 8. The seventh ward shall begin at the southeasterly corner scv.-nth n f f our th ward, and run thence along the easterly boundary of the fourth ward to the middle of Division street; then through the middle of Division street to the middle of Grand street ; then through the middle of Grand street, in a line running in the same direction across the East river, to low water mark on Nas- sau or Long Island; then along Nassau or Long Island shore, at low water mark, to the place of beginning. , d § 0. The eighth ward shall begin at the northwesterly corner KiRhtii « a .,i () f the fifth ward, and run thence along the northerly bounds of the said ward through Canal street to the middle of Broadway ; then through the middle of Broadway to a point opposite to the middle of Houston street ; then through the middle of Houston street to a point opposite to the middle of West Houston street; then through the middle of West Houston street to Hudson river ; then due west to low water mark, on the west side of Hudson river, or so far as the limits of this State extend ; then down along the west side of Hudson river, at low water markj or along the limits of this State, to the place of beginning. u § 10. The ninth ward shall begin at the northwesterly corner rom ch 'm SS! ''" ^ ne e jghth ward, and run thence along the northerty bounds Ninth ward. of the said ward through the middle of West Houston street to the middle of Hancock street ; thence northerly through the middle of Hancock street to the middle of Bleecker street ; thence northwesterly through the middle of Bleecker street to the mid die of Carmine street ; thence northeasterly through the middle of Carmine street to the middle of Sixth avenue ; thence north- erly through the middle of Sixth avenue to the middle of West ROl'NDAIUKS ()!•' WAUDS. 6 Fourteenth street ; thence westerly through the middle of West Fourteenth street to Hudson river ; then due west to low water mark on the west side of Hudson river; or so far* as the limits of this State extend: then down along the west side of Hudson river, at low water mark, or along the limits of this State, to the place of beginniDg. 11. The tenth ward shall begin at a point in the middle of '5ft, <* v . 5, |1, Comp. 189 the Bowery road, opposite to the middle of Division street; then Tenth ward through the middle of Division street to the middle of Norfolk street ; then through the middle of Norfolk street to the middle of Rivington street; then through the middle of Rivington street to the middle of the Bowery road; then through the middle of tln» Bowery road to the place of heginning. § 12. The eleventh ward shall hegin at a point in the middle u. of Kivington street, where Clinton street intersects Kivington c^^mSl" 1,8, street; and run thence through the middle of Clinton street to the B, « VOTth » md middle of Avenue B, and then northerly through the middle of Avenue B to the middle of Fourteenth street ; thence easterly through the middle of East Fourteenth street to the East river, and thence running across the East river to low water mark on Long Island ; then along Long Island shore, at low water mark, to a point, opposite the middle of the easterly end of Rivington street ; then in a direct line across the East river through the middle of Kivington street, to the place of hegin- ning. $5 13. The twelfth ward shall include all that part of the city iR.s.ch.8, title 5. 81. Comp. 132 and county of New York lying notherly of a line running through u^cb.*tt|i,2, the middle of Eighty-sixth street from the East to the North ««»!ch. iw.«i. " •* 2, Comp. 125. river, and south and w T est of Harlem river and Spuyten Duyvil Twelfth ward, creek, hut including Randall's and Ward's Islands. 8 1-k The thirteenth ward shall hegin at the northeasterly ias.ch.2,tM« , §1, Comp. 128. corner of the seventh ward, and thence along the* easterly and Thirteenth northerly line of the said ward through the middle of Grand and " ftn ' Division streets, to the middle of Norfolk street; thence through the middle of Norfolk street to where it is intersected by the middle of Rivington street; then through the middle of Riving- ton street in a line running in the same direction across the East river, to low water mark on Nassau Island; and then along the shore of saidisland, at low water mark, to the place of begin- ning. § 15. The fourteenth ward shall begin at a point in the mid- w. • die of the Bowery road, where it is intersected by the middle of iMtt* eenth Walker street; then through the middle of the Bowery road to a point opposite the middle of Houston street; then through the middle of Houston street to where it is intersected by the middle of Broadway: thence through the middle of Broadway to where 11 BOUNDARIES OK WAKDs. lX».ch.56.$jl.2. Comp. 123. Fifteenth ward. 1830,ch.49.j§l,2. Comp. 123. lS46,ch.l6.J§1.2. Comp. 124. 1851.ch.4S3. $$1. 2. Comp. 12j. Sixteenth ward . 1837. ch. 16, 51, Comp. 124. Seventeenth ward. 1846, ch. 16. §§1. 2. Comp. 124. 1853. ch.2S2.§§l. 2. as amended it is intersected by the middle of Canal street; and then through the middle of Canal, Centre, and Walker streets, being along the northerly bounds of the sixth ward, to the place of begin- ning. § 16. The fifteenth ward shall begin at a point in the middle of Fourteenth street where the middle of Sixth avenue intersects the middle of Fourteenth street, and run thence southerly through the middle of Sixth avenue to the middle of Carmine street ; thence southwesterly through the middle of Carmine street to the middle of Bleecker street ; thence southeasterly through the middle of Bleecker street to the middle of Hancock street; thence southerly through the middle of Hancock street to Hie middle of Houston street ; thence easterly through the middle of Houston street to the middle of the Bowery road; thence northerly along the middle of the Bowery road and the middle of Fourth avenue to the middle of Fourteenth street, and thence westerly along, the middle of Fourteenth street to the place of beginning. § 17. The sixteenth ward shall begin at the northwesterly corner of the fifteenth ward, at a point in the middle of Four- teenth street where the middle of Sixth avenue intersects the middle of Fourteenth street, and ran thence along the middle of Fourteenth street to Hudson river : thence westerly and along the northerly boundary of the ninth ward to low water mark on the west side of Hudson river, or so far as the limits of this State extend; thence northerly along the west side of Hudson river, at low water mark, or along the limits of this State, to a point opposite the middle of the westerly end of Twenty-sixth street: thence in a direct line across Hudson river through the middle of Twenty-sixth street to the middle of Sixth avenue, and thence southerly along the middle of Sixth avenue to the place of be- ginning. § 18. The seventeenth ward shall begin at a point formed by the intersection of the middle of Fourteenth street with the mid- dle of Avenue B, and run thence southerly along the middle of Avenue B to Houston street: thence across Houston street to the middle of Clinton street: thence through the middle of Clinton street to middle of Rivington street; thence westerly through the middle of Rivington street to the middle of the Bowery road: thence northerly along the middle of the Bowery road and Fourth avenue to the middle of Fourteenth street: and thence easterly along the middle of Fourteenth street to the place of be- ginning. § 19. The eighteenth ward shall begin at a point formed by the intersection of the middle of Fourteenth street with the mid- dle- of Sixth avenue, and run thence northerly along the middle KOr.NDAKIKS OK WARDS. 7 of Sixth avenue to the middle of Twenty-sixth street; thence ikm. w, »i easterly along the middle of Twenty-sixth street in a line run- Eighteenth ning in the same direction across the East river to low water "" r '' mark on Long Island; thence along Long Island shore, at low wafer mark, to a point opposite the middle of the easterly end of Fourteenth street; and thence in a direct line across the East river through the middle of Fourteenth street to the plaee of he- ginning. §2o. The nineteenth ward shall begin at a point formed by i85o,cb.i87j|i, the intersection of the middle of Fortieth street with the middle i-rlv'h'tm.'^i of Sixth avenue, and run thence northerly along the middle of nineteenth Sixth avenue to the centre of Fifty-ninth street; thence in aline wa "' running in the same direction across Central park to the middle of Eighty-sixth street; thence easterly along the middle of Eighty-sixth street in a line running in the same direction across the East river to low water mark on Long Island; thence along Long Island shore, at low water mark, to a point opposite the middle of the easterly end of Fortieth street; and thence in a direct line across the East river along the middle of Fortieth street to the place of beginning. §21. The twentieth ward shall begin at a point formed by i85i,ch.4M,ui, the intersection of the middle of Twenty sixth street with the T wi«wh middle of Sixth avenue, and run thence westerly along the mid- wanl die of Twenty-sixth street to Hudson river; thence westerly along the northerly boundary of the sixteenth ward to low r water mark on the west side of Hudson river, or so far as the limits of the State extend; thence northerly along the west side of Hudson river, at low water mark, or along the limits of this State, to a point opposite the middle of the westerly end of Fortieth street; thence in a direct line across Hudson river, through the middle of Fortieth street to the middle of Sixth avenue, and thence southerly along the middle of Sixth avenue to the place of be- ginning. § 22. The twenty-first ward shall begin at a point formed by itsw.ch.aaa.ssi. the intersection of the middle of Twenty-sixth' street with the T^enTyniM middle of Sixth avenue, and run thence northerly along the wtml middle of Sixth avenue to the middle of Fortieth street; thence easterly along the middle of Fortieth street, in a line running in the same direction across the East river, to low water mark on Long Island ; thence along Long Island shore, at low water mark, to a point opposite the middle of the easterly end of Twenty-sixth street, and thence in a direct line across the East river, through the middle of Twenty-sixth street, to the place of beginning. § 23. The twenty-second ward shall begin at a point formed ^ cb 'i%' $$1 s by the intersection of the middle of Fortieth street with the Twenty-second J ward. s BOUNDARIES OF WARDS. middle of Sixth avenue, and run thence westerly along the middle of Fortieth street to Hudson river; thence westerly along the northerly boundary of the twentieth ward to low water mark on the west side of Hudson river, or so far as the limits of the State extend; thence northerly along the west side of Hud- son river, at low water mark, or along the limits of this State, to a point opposite the middle of the westerly end of Eighty- sixth street; thence in a direct line across Hudson river, through the middle of Eighty-sixth street, to the middle of Sixth avenue, and thence southerly along the middle of Sixth avenue to the place of heginning. iw8,ch.M8,M 1 §24-. The twenty-third ward shall include all that territory us amended. , ^ * 18-4, ch 339, $:t. which lies east and north of Harlem river and south of a line I'omp. it 1 : . Sp h in ' heginning at a point on the southerly side of the High bridge Twenty ti.ini across the Harlem river; thence running easterly on a straight line to a point on Mill hrook, directly opposite to the line form- erly dividing Central Morrisania from Lower Morrisania, heing the former northerly lino of Lower Morrisania; thence easterly along said last-mentioned line to a point one hundred and forty feet east of Franklin avenue, and thence on a line produced castwardly by the extension of the middle of the main channel of the Bronx river of that portion of said last-mentioned line which lies between the Third avenue and said point in said line, one hundred and forty feet east of Franklin avenue, said terri- tory heing the whole of the former town of Morrisania. and a portion of the former town of West Farms. It shall also include North Brothers Island, lssi, ch. 478, «2, § 25. The twenty-fourth ward shall embrace all that territory wmI ch. m\ ft lying north of the twenty-third ward and south of the north Twentyrfo'urth boundary of the city, comprising the territory embraced in the former town of Kingsbridge, and in that portion of the former town of West Farms not included in the twenty-third ward. roBPORATK i">\\ i:i:s. CHAPTER II The Ookporatb Powers and their Distribution. 8 26. The corporation now existing and known by the name !£*• qkw.fi " 1 ' ° J 1874, ch. 804. jl of the mayor, aldermen and commonalty of the; city of New comp m iss York as formed by the consolidation of the county of New York with the body previously known by the name of the mayor, alder- men and commonalty of the city of New York, by the act passed April 30, 1874, entitled "An act to consolidate the government of the city and county of New York, and further to regulate the same," shall continue to be a body politic and corporate, in fact SjJJS^ 16 and in name, by the same name, and have perpetual succession, ' Abb ' '" with all the rights, property, interests, claims, demands, grants, powers and privileges heretofore held by the mayor, aldermen and commonalty of the city of New York, and not modified or repealed by the provisions of this act. >5 27. For all purposes the local administration and govern- The local od ment of the city and county of New York shall continue to be in !'.!!'. i" and be performed by the corporation aforesaid. All charges Son. and liabilities now existing against said county, or which may * hereafter arise or accrue in said city and county of New York, and which, but for this act, or the act entitled " An act to con- solidate the government of the city and county of New York, and further to regulate the same, passed April 30, 1874, would be charges against or liabilities of said county, shall be deemed ^tf^aSjnsi and taken to be charges against or liabilities of said corporation, \\'£"%.u'j" and shall be defrayed or answered unto by it. All bonds, stocks, Bonds- ' ''' contracts and obligations of the said county, and of the board of 1s;i ch m .., supervisors which now exist as legal obligations, shall be deemed < '" M ' 1 ' ; ; " such of and against the said corporation, and all such that may be authorized or required to be hereafter issued or entered into shall be issued or entered into by and in the name of the said corporation. Nothing in this section contained shall be con- tK4 ch . M . gJ . strued to affect the election or appointment of county officers 0omp - 130 whose election or appointment is provided for by the constitu- tion of this State, or any other purposes for which the city and county of New York is recognized in the constitution as one of the counties of this State. §28. All funds and moneys which, on the thirteenth day of 1874, en. aft, k Ap:il, 1S74, were or now are held by or payable to any officer Funds ma by as county treasurer of the said city and county shall be deemed Soratytrea* to be held by or payable to him solely as the funds and moneys l,m LO THE MAYOR. . of said corporation, except such, funds and moneys as shall be held by and payable into the treasury of the State of New York. campm*'**' The legislative power of the said corporation shall con AKmrniKici tinuc to be vested in a board of aldermen, consisting of twenty- ivmiV'Vi'! 10 ^ wo members, who shall be elected at the general state election in each year. Three of such aldermen shall be elected in a dis- trict composed of the territory embraced in the First, Sec- ond, Third, Fourth, Fifth, Sixth, Seventh, Thirteenth and Fourteenth wards of said city. Three of such aldermen shall be elected in a district composed of the territory embraced in the Kighth, Ninth, Fifteenth and Sixteenth wards of said < i t \- . Three of such aldermen shall be elected in a district com- posed of the territory embraced in the Eleventh, Tenth and Seventeenth wards of said city. Three of such alder- men shall be elected in a district composed of the terri- tory embraced in the Eighteenth, Twentieth and Twenty- first wards of said city. Three of such aldermen shall be elected in a district composed of the territory embraced in the Twelfth, Nineteenth and Twenty-second wards of said city. One of such aldermen shall be elected in a district composed of the territory embraced in the Twenty-third and Twenty-fourth wards of said city. Six of said aldermen, to be known as alder- men-at-large, shall be elected from the entire city. No voter shall vote for more than four of the aldermen-at -large. In the districts from which three aldermen are to be elected, no voter shall vote for more than two of such aldermen. The aldermen shall be residents of the respective districts from which they are elected. The term of office of the aldermen shall be one year, and vacancy such term shall commence at noon on the first Monday in Jan- uary next succeeding their election. Any vacancy which may occur in the board of aldermen shall be filled by election by said board by a vote of a majority of all the members elected to said board, and the person so elected to fill any such vacancy shall serve for the unexpired portion of the term. The board of alder- \vhen board of men shall constitute the common council, and, except as other- wise specially provided, shall exercise the legislative powers of the said city. 1873 en 335 sis § 30. The executive power of the corporation shall be vested comp. is:. j n th. e mayor and the officers of the departments. Executive § 31. The mayor shall be the chief executive officer of the cor- 5*°J er - „„„ - poration: he shall be elected at a general State election, and 18(3, ch.Axj, £30, *• * ■ comp. 157. ] 10 id hig office for the term of two years, commencing at noon •of, etc! on on the first day of January next after his election. 1873 ch 335 S2i § ^2. Whenever the mayor shall be under suspension, or when pi^si there shall be a vacancy in the office of mayor, or whenever, by aldermen to constitute com mon council, etc. THE DEPARTMENTS. 1 I reason of sickness or absence from the citv. he shall lie pre- toot of board vented from attending to the duties Of liis office, the president <<•"'•""" ' of the hoard of aldermen shall act as mayor, and possess all the rights and powers of mayor dining such suspension, disability. or absence. In case of a vacancy he shall so act until noon of the first Monday of .January succeeding the election at which a successor is chosen. At the next general election which shall take place more than ten days after the occurrence of a vacancy in the office of mayor, a successor shall be chosen who shall hold for the unexpired term. It shall not be lawful for the pros- x.. t t.> ... ident of the board of aldermen, when acting as mayor, in con- powerfete! sequence of the sickness or absence from the city of the person elected, to exercise any power of appointment to or removal from office, unless such sickness or absence of the mayor shall have continued ten days, nor to sign, approve, or disapprove any ordinance or resolution, unless such sickness <>r absence shall have continued the same period. § 33. In case of a vacancy in the office of mayor, the alder- i87S,cir.885,$99< men may elect a temporary chairman to preside over their T^mp'orm-* meetings, who shall possess, during such vacancy, the powers and perform the duties bf the president of the board, and who shall, during such time, be a member of every board of which the president of said board of aldermen is a member by virtue of^ his office. ■ §34. There shall be the following other departments in said i3r8,ch.83s,j!M, .. c or- Comp. 159. City: 1881, ch. 307, kl. Finance department. ment'. epa ' 1 Law department. Police department. Department of public works. Department of public charities and correction. Fire department. Health department. Department of public parks. . Department of taxes and assessments. Department of docks. Department of street cleaning. § 35. The head of the finance department shall be called the comp.^U " comptroller of the city of New York, and shall unless sooner re- comptroiiw 1 ■ ' term of office moved hold his office for four years, and until his successor shall of - be appointed and has qualified. § 30. The head of the law department shall be called counsel c s T m ^ ; fii: ;: to the corporation, and shall unless sooner removed hold his , ( :o ^ , p^ro\jo n th<, office for four years, and until his successor shall be appointed and has qualified. 3 37. The head of the police department shall be called the ;. 873ch JPS P 9 - " 1 * Comp. it. '.M'.t. 12 HEADS OF DEPARTMENTS. Head of police board of police. Said board shall consist of four persons, to be nepartineiit. 1 i ' known as police commissioners of the city of New York, who shall, unless sooner removed, respectively hold their offices for six years and until their successors shall be respectively ap- pointed and have qualified. '^•^AF 0, § 38 - The neacl of tlie department of public works shall be Coinp. 83, 11 . fommissionoi- called " commissioner of public works,"' and shall unless sooner " p ' removed hold his office for four years, and until his successor shall be appointed and has qualified. "Sill? V^v.' ' § 30 * ^' ie ^ ieat ^ °f the department of public charities and cor- Board of chari- rection shall be called the board of public charities and correc- t.esurn conec j..^ ^ n id board shall consist of three persons, to be known as commissioners of public charities and correction. The commis- sioners shall unless sooner removed respectively hold their offices 'Their term ot for six years and until their successor^ shall bo respectively ap- pointed and have qualified. ip,ch 33.vs;v,. £ 4ii. The head of the tire department shall be called the board Comp. 80, 879, " . *■ Firecommi«. of fire commissioners. Said board shall consist of three persons, M' hum ■< to be known as lire commissioners of the city of New York, who shall, unless sooner removed, respectively hold their offices for six years, and until their successors shall be respectively ap- pointed and have qualified. i873,oh :«5 $80, § 41. The head of the health department shall be called the Comp. 87, 488. 1 Board of health, board of health. Said board shall consist of the president of the board of police, the health officer of the port, and two officers, to be called commissioners of health, one of whom shall have been a practicing physician, for not less than five years preceding his appointment. The commissioner of health, who is not a physi- cian, shall be the president of the board, and shall be so designated in his appointment. The commissioners of health shall, unless sooner removed, respectively hold their offices for six years and until their successors shall be respectively appointed and have qualified. i873,ch.335.§84, § 42. The head of the department of public parks shall be im^h"!w!'§2. called the board of parks. Said board shall consist of four o?panizati 4 o 9 n.»f members, who shall be known as commissioners of parks, and who shall, unless sooner removed, respectively hold their, offices for five years and until their successors shall be respectively ap- pointed and have qualified. 1873, ch. 335,§87. § 43. The head of the department of taxes and assessments comp. 90, 555. s hall be called the board of taxes and assessments. Said board Commissioners asses^eSs shall consist of a president, who shall be so designated in his appointment, and two persons, who shall be called commission - . A majority of the members of a board in any depart- jsrach. 330, s»n. ment of the city government, and also of the board for the- re- M^rity con- vision and correction of assessments, shall constitute a quorum *!n"otX°™™ to fully perform and discharge any act or duty authorized, pos- sessed by, or imposed upon any department or any board afore- said, and with the same legal effect a»if every member of any such board aforesaid had been present, except as herein other- wise specially provided. Each board may, except as herein otherwise provided, choose, in its own pleasure, one of its mem- ->i>a-iy. n-. : bers, who shall be its president, and one who shall be its trea- Y..aw;«o'i.i*/i.>. surer, and may appoint a chief clerk or secretary. No expense ^vonTowVo-'" shall be incurred by any of the departments, boards or officers ?w^ n n a36,jits thereof, unless an appropriation shall have been previously made covering such expense, nor any expense in excess of the sum appropriated in accordance with law. £ 47. It shall be the duty of the heads of all departments of uao, ch. an, h said city, and of all boards and officers charged with the duty of SSSS 8 ^^ J ' _ J Kxceed amount expending or incurring obligations payable out of the moneys appropriated, raised by tax in said city, so to regulate such expenditures for any purpose or object, that the same shall not in any one year exceed the amount appropriated by the board of estimate and apportionment for such purpose or object; and no charge, claim, or liability sball exist or arise against said city for any sum in excess of the amount appropriated for the several purposes. §48. The heads of all departments (except as otherwise ch.385,fH herein specifically provided) shall have power to appoint and Colnp 7,1 remove all chiefs of bureaus (except the chamberlain), as also all clerks, officers, employees, and subordinates in their respec- tive departments, except as herein otherwise specially provided, I'OWKKS AND LIMITATIONS. Heads of ill'- pertinents to appoint mid re- move clerks, etc. 72 N.Y. 446; W Hum. 800: 73 N. Y. 437. Removals to be for cause. 28 Hum. 817. Duties of clerks, etc. 1878, ch. 885,§87 Comp. to. To report quarterly to mayor. t878,ch.8S5,$107 Coiup. 97. Heads of de- partment (ex- cept police) to furnish certi- fied copies of papers, etc. Books, etc., to be opened for inspection. without reference to the tenure of office of any existing ap- pointee. But no regular clerk or head of a bureau shall be re- moved until he has been informed of the cause of the proposed removal, and has been allowed an opportunity of making an explanation; and in every case of ;i removal, the true grounds thereof shall be forthwith entered upon the records of the de- partment or board. In case of removal, a statement, showing the reason therefor, shall be filed in the department. The num- ber and duties of all of'ticers and clerks, employees, and subor- dinates in every department, except as otherwise herein specifi- cally provided, with their respective salaries, whether now fixed by special law or otherwise, shall be such as the heads of the respective departments shall designate and approve; but subject, also, to the revision of the board of estimate and apportion- ment; provided, however, that the aggregate expense thereof shall not exceed the total amount duly appropriated to the re- spective departments for such purposes. Any head of depart- ment may, with the consent of the board of estimate and ap- portionment, consolidate any two or more bureaus established by law, and may change the duties of any bureau; and it shall be the duty of the head of the finance department to bring t<> gether all officers and bureaus authorized to receive money for taxes, assessments or arrears, in such manner that the payment of the same can be made, as nearly as practicable, at one time and place, and in one office. § 49. The said departments shall, once in three months, and at such other times as the mayor may direct, make to him, in such form and under such rules as he may prescribe, reports of the operations and action of the same and each of them, which reports shall be published in the City Record. The said depart- ment shall always, when required by the mayor, furnish to him such information as he may demand, within such reasonable time as he may direct. § 50. The heads of all departments, except the police depart- ment, and the chiefs of each and every bureau of said depart- ments, or any of them, except the police department, shall, with reasonable promptness, furnish to any taxpayer desiring the same a true aud certified copy of any book, account, or paper kept by "such department, bureau, or officer, or such part there- of as may be demanded, Upon payment in advance of five cents for every hundred words thereof by the person demanding the same. All books, accounts, and papers in' any department or bureau thereof, except the police department, 'shall at all times be open to the inspection of any taxpayer, subject to any reasonable rules and regulations in regard to the time and man- ner of such inspection as such department, bureau or officer SALARIES. 15 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. Jn case such inspection shall be refused, such taxpayer, on his sworn petition, describ- ing the particular book, account, or paper that he desires to in- spect, may, upon notice of not less than one day to such depart- ment, bureau, or officer, apply to any justice of the supreme court for an order that he be allowed to make such inspection such justice shall by his order authorize, and such order shall specify the time and manner of such inspection. § 51. In every department or board there shall be kept a ts»,ch.«B,iiio, record of all its transactions, which shall be accessible to the Recuiistobe public, and once a week a brief abstract, omitting formal lan- aStracta guage, shall be made of all transactions, and of all contracts |,u,,llsl1 "' 1 awarded and entered into for work and material of every de- scription, which abstract shall contain the name or names, and residences by street and number, of the party or parties to the contract, and of their sureties, if any. A copy of such abstract shall be promptly transmitted to the person designated to pre- pare the City Record, and shall be published th%gein. Notice of Notice of ap all appointments and removals from office, and all changes of £>be pubUs^d! salaries, shall, in like manner, within one week after they are made, be transmitted to and published in the City Record. § 52. The annual salaries to be paid to persons herein named, iaao, oh. an, >•.>. and elected or appointed to the several specified positions, shall, Salan, " > - 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 or county in any capacity whatever; ■ To the mayor, ten thousand dollars. To" the comptroller, ten thousand dollars. To the commissioner of public works, eight thousand dollars. To the corporation counsel, twelve thousand dollars, and all legal costs collected by him shall be paid into the treasury of the city. To the commissioners of police, five thousand dollais each. To the president of the department of parks, five thousand dollars. To the commissioners of the department of parks, other than the president, nothing. To the commissioners of the fire department, five thousand dollars each. To the commissioners of the department of public charities and correction, five thousand dollars each. To the corporation attorney, the public administrator, and the attorney for the collection of arrears of personal taxes, four thousand dollars each. L6 SALARIKS. 1881. cii. asr, |l. Subordinate salaries limitrd. 1873,cll.835,Sll«, Comp. 105. Annual Hnlarics 1873, ch. S35.j0.-S. Comp. 92. Certificates of appointment. lS73,ch.335,§! Comp. 92. Official oath. To the attorney for the fire department , four thousand dollars. To the president of the health department five thousand dollars. To the commissioner of the health department, other than the president, four thousand dollars. To the president of the hoard of aldermen, three thousand dollars. • To the memhers of the hoard of aldermen. Other than the president, two thousand dollars each. To the president of the department of taxes and assessments, five thousand dollars. To the commissioners of the department of taxes and assess- ments, other than the president, four thousand dollars. To the commissioners of the department of docks, three thousand dollars each. To the commissioner of street cleaning, six thousand dollars. To the commissioners of accounts, appointed hy the mayor, two thousand dollars each. Xo subordinate in any department shall receive a salary in excess of the highest salary paid to the head of the department, except that the chief engineer of docks and the superintendent of police may each receive a salary not exceeding six thousand dollars. But there shall continue to he paid to the persons who held the following specified positions on May 28, 1880, during the re- mainder of the terms then held hy them, so long as they retain the same, annual salaries as follows, which shall be in full for all services rendered hy them to the city or county, in any capacity whatever: To the commissioners of police, six thousand dollars each. To the commissioners of parks, other than the president, nothing. To the president of the health department, six thousand five hundred dollars. To the commissioner of health, other than the president, five thousand dollars. To the commissioners of taxes and assessments, five thousand dollars each. To the commissioners of accounts, appointed by the mayor, three thousand dollars each. § 53. Every person who shall be appointed or elected to any office under the said city shall receive a certificate of appoint- ment, designating the term for which such person has been ap- pointed or elected. § 51. Every person elected or appointed to any office under the city government shall, within five days after notice of such elec- • PEES, ETC., TO I5K PAID OVER 17 tion or appointment, take and subscribe, before the mayor or any judge of a court of record, an oath or affirmation faithfully to perform the duties of his office; which oath or affirmation shall lie tiled in the office of the mayoi . §55. Any person holding office, whether by election or ap- ^;,;,' [) " pointment, who shall, during his term of office, accept, hold, or ^ < 1 ' , ^ t ' l l ) , ;. t r I " retain any other civil office of honor, trust, or emolument under ^jj'.',.;" f "' " 11 the government of the United States (except commissioners for ^ V' the taking of bail, or register of any court), or of the State (ex- -™ ^iSix! ii: cept the office of notary public or commissioner of deeds, or of- Is'i^s ficer of the national guard), or who shall hold or accept any oth- 418, er office connected with the government of the city of New York, or who shall accept a seat in the legislature, shall l>e deemed thereby to have vacated every office held by him under the city government. No person shall hold two city or county offices, except as expressly provided in this act; nor shall any officer un- der the city government hold or retain an office under the coun- ty government, except when he holds such office ex-officio, by virtue of an act of the legislature; and in such case he shall draw no salary for such ex-officio office. § 56. No officer of the city government, except the city mar- i^n'*' shals. shall have or receive to his oyipuse any fees, perquisites, ^imp 1 ^ 57 * 10 or commissions, or any percentage; but every such officer shall ^ewefeesto be paid by a fixed salary, and all fees, percentages, and commis- 1 s ' i j i I ow ". } ^*' sions received' by any such officer shall be the property of the aam,«B'; city. And every officer who shall receive any fees, perquisites. i8»|ch.sA,S9 commissions, percentages, or other money which should be paid over to the city, shall, before he shall be entitled to receive any salary, make under oath a detailed return to the comptroller, showing the amount of all such fees, commissions, percentages, perquisites, and moneys received by him since the last preceding report, the person from whom received, and the reason for its payment, and shall produce the receipt of the chamberlain, showing the payment to him, by said officer, of the aggregate amount thereof. All sums received as above, or for licenses or permits, except as in this act otherwise expressly provided, shall be paid over weekly, without deduction by the officers or depart- ment receiving them, to the chamberlain, and a detailed return under oath shall at the time be made in such form as the comp- troller shall prescribe, stating when and from whom, and for what use such moneys were received. No officer or person who offloei - is paid a salary for his services from the city treasury and who niariesnoi - entered upon his office since May 2S, 1SS0, or shall hereaft er ell- their own use ter upon his office, shall receive to or for his own use any fees, i8w,cb. su, is costs, allowances, perquisites of office, commissions, percentage, or moneys paid to Him in his official capacity: but all fees, costs. 18 FRAUDS AND BRIBER) . Return of to be inadi- before salary is pniil. J8V3, oh. Xij.i Comp. 92. Penalty for frauds upon City, etc. 13 Hun. 395. ieT3,ch..33o.§100, Comp. 93. Bribery, etc.. how punished. allowances, perquisites, commissions, percentages, and moneys 80 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 treas- ury ; and eveiy such officer or person who shall receive any fees, perquisites, commissions, percentages, or other moneys which belong to the city, and should be so paid into the treasuiy, shall, before he shall be entitled to receive or be paid his salary, make under oath a detailed statement and return to the comptroller, in such form as he may prescribe, showing the amount of all sucb moneys received by him since the last preceding statement and re- turns, and shall produce a receipt showing the payment of such sum into the treasury. The comptroller may require any such person or officer to make such statement and return to him, if it be not made as herein provided; and may examine any such of- ficer 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. £ 57. Any officer of the city government, or person employed in its service, who shall wilfully violate or evade any of the pro- visions of law, or commit any fraud upon the city, or convert any of the public property ^o 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 im- posed by law, and on conviction, shall forfeit his office, and be excluded forever after from receiving or holding any office under the city government ; and any person who shall wilfully swear falsely in any oath or affirmation required by this chapter shall be guilty of perjury. § 58. Every person who shall promise, offer, or give, or cause, or aid, or abet in causing to be promised, offered, or given, or furnish, or agree to furnish, in whole or in part, to any other person, to be promised, offered, or given to any member of the common council, or any officer of the corporation, or clerk, after Ins election or appointment as such officer, meYnber, or clerk, or before or after he shall have qualified and taken his seat, or en- tered upon his duty, any moneys, goods, right in action, or other property or anything of value, or any pecuniary advantage, present or prospective, with intent to influence his vote, opinion, judgment, or action on any question, matter, cause, or proceed- ings which may be then pending, or may by law be at any time brought before him in his official or clerical capacity, shall be deemed guilty of a felony, and shall, upon conviction, be im- prisoned in a penitentiary for a term not exceeding two years, or shall be fined not exceeding five thousand dollars, or both, in the discretion of the court. Every officer in this section enumerated, CONTHACTS. 19 who shall accept any sucli gift, or promise, or undertaking to make the same under any agreement or understanding that his vote, opinion, judgment . or action shall he influenced thereby, or shall he given in any question, matter, cause, or proceeding then or at any time pending, or which may hy law he hrought before him in his official capacity, shall he deemed guilty of a felony, and shall, upon conviction, he disqualified from holding any public office, trust, or. appointment under the city of New York, and shall forfeit his office, and shall he punished hy im- prisonment in the penitentiary not exceeding two years, or by a fine not exceeding five thousand dollars, or both, in the discre- tion of the court. Kvery person offending against either of the °»*«'iuicrs » J i o o competent provisions of this section shall he a competent witness against wi '»esses. any other pei-son offending in the same transaction, and may he compelled to appear and give evidence before any grand jury, or in any court, in the same manner as other persons; hut the testi- mony so given shall not he used in any prosecution or proceed- ing, civil or criminal, against the person so testifying. § 59. No member of the common council, head of depart- oS^gJ 5 '* 101 ment, chief of bureau, deputy thereof or clerk therein, or other officers of the ' X corporation not officer of the corporation, shall he or become, directly or indi- !° ,K! interested * *J J in contracts, rectly, interested in or in the performance of any contract, Y 31 «. 3 work, or business, or the sale of any article, the expense, price, ^"n'y^^o or consideration of which is payable from the city treasury, or by any assessment levied by any act or ordinance of the com- mon council : nor in the purchase or lease of any real estate or other property belonging to or taken by the corporation, or which shall be sold for taxes or assessments, or by virtue of • legal process at the suit of the said corporation. If- any person Penalt >' in this section mentioned shall, during the time for which he was elected or appointed, knowingly acquire an interest in any contract or work with the city, or any department or officer thereof, unless the same shall he devolved upon him by law, he shall, on conviction thereof, forfeit his office, and be punished as , for a misdemeanor. All such contracts in which any such per- son is or becomes interested shall, at the option of the comptrol- ler, be forfeited and void. No person in this section named shall Not to give any , . ' .. pi- i * portion of com - give, or promise to give, any portion ot Ins compensation, or peMattonto l if XU« ± £C Ci1 f, . another in con any money or valuable thing, to any officer of the city, or to anv sideration of other person, in consideration of his having been or being nomi- etc. nated, appointed, elected, or employed as such officer, agent, clerk, or employee, under the penalty of forfeiting his office and being forever disqualified from being elected, appointed, or employed in the service of the city, and shall, on conviction, he punished for a misdemeanor. *> GO. Any alderman, commissioner, head of department, ^p 11 ^ 5,5109 - 20 i \ \ MI NATION OF OFFICERS. Summary ex- amination of officers. Subject of in- quiry. To Kive perti- nent answers, and produce books, etc. Witnesses may examine. Pow ers of justice. Costs. Examination to be reduced to writing and filed. chief of bureau, deputy thereof or clerk therein, or other ofricei of the corporation or person, may, if a judge shall so order, be summarily examined upon an order to he made on application based on an affidavit of the mayor or of the comptroller, or any five aldermen, or any commissioner of account.-;, or of any five citizens who are taxpayers, requiring such examination, and signed by any justice of the supreme court of the first judicial department, directing such examination to be publicly made at the chambers of said court, 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 examina- tion shall be confined to an inquiry into any alleged wrongful diversion or misapplication of any moneys or fund, or any viola- tion of the provisions of law, or any want of mechanical qualifi- cations of any inspectorship of public work, or any neglect of duty in acting as 1 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 application for said order that such alderman, head of department, or other aforementioned officer or persons, has knowledge or information. Such alder- man, commissioner, head of department, clewk or other afore- said officer or person shall answer such pertinent questions relative thereto, and produce such books and papers in hjs custody or under his control, as the justice shall direct, and the examination may be continued from time to time, as such* justice may order, but the answer of the party charged shall not be used against him in any criminal proceeding ; provided, however, that for all false answers on material points he shall be subject to the pains and penalties of the crime f)f perjury. The proceedings may be continued before any other justice in said district, and other witnesses, as well as the parties making such application, may, in the discretion of said justice, be compelled to attend and be examined touching such alleged delinquencies. Such justice may punish any refusal to attend such examination or to answer any questions pursuant to his order, as for a con- tempt of court, and shall have as full power and authority to en- force obedience to the order or directions of himself or any other ' justice, as any justices of the supreme court may now have, or shall possess, to enforce obedience or to punish contempt in any case or matter whatever, and shall impose costs upon those promoting such an examination, not exceeding two hundred and fifty dollars, if he thinks there was no probable cause for makingthe application hereinbefore provided for, the said costs to be paid to the officer or person examined, and for which the said officer or person may have judgment and an execution. The examination hereinbefore provided for shall be reduced to writ- U'l'Koi'HlATlo.N OF PUBLIC MONEY. 2j ing, and be liledjn theofliee of (ho county clerk of the county of New York, and be at all reasonable times accessible to the pub- lic, and notice of the same be given t<> the department in which said, officer is employed. ^ 01. No money belonging to the city. OX city and county of wra.ch.iwjre. ° J oc • ^i -l' amended. New York, raised bv taxation upon the property ot tbe citizens ^v.i.c-i. m • ' J ... . Coin]). Ki. thereof, shall be appropriated in aid of any religious or denomi- M6neya,ho* national school, neither shall any property, real or personal, be- longing to said city, or said city and county, ho disposed of to any such school, except upon the sale thereof at public auction, after the same has been duly advertised, at which sale such school shall be the highest bidder, and upon payment of the sum so bid into the city treasury ; neither shall any property belonging to the cify, or city and county, he leased to any school under the control of any religious or denominational institution, except upon such terms as city property may be leased to private parties after the same has been duly advertised. ,4 02. All property sold other than land under water shall be pr PP°^y ■". r * J sold at auction. sold at auction, after previous public notice, under the super- {^pV 88 '' 88, inteudence 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 chamber- lain ; and the account of sales, verified by the officer making the sales, shall he immediately filed in the office of the comp- troller. § 03. Except for repairs no patented pavement shall be laid i6Hun,88o. and no patented article shall be advertised for, contracted for, saies eeG. There shall be published daily (Sundays and legal g^g 5 -* 111 - holidays excepted), under a contract to be made as hereinafter seei8T3,ch.8£i, provided, a paper to he known as the City Record. The mayor, nty Record. ,. , , .. , ,,. , publication of. corporation counsel and commissioner of public works shall Expenses or. appoint a proper person, together with such assistants as may be required, to supervise the preparation and publication of the same, and they shall also fix the rates of compensation of said supervisor and his assistants. All the expenses connected with its publication and distribution, except the salary of the 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 official matters as are expressly authorized. The contract for the publication of the Distribution of City Record shall provide for furnishing, free of charge, to the city not more than one 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 shall apply for the same, of one copy. Copies of the same shall he sold by the publisher at a price to be fixed by the ^ of - officers making the contract, and the proceeds thereof shall be paid over to the city. All advertising required to be done for the city, except as in this act otherwise specially provided, and all 24 CITY RECORD. notices required by law or ordinance to he published in corpora- tion papers, shall be inserted, at the public expense, only in t In- City Record, and a publication therein shall be a sufficient compliance with any law or ordinance requiring publication to d to^bi"sh«i °^ sucn niatters or notices ; but there may be inserted in two in other papers, m0 rning and two evening and two weekly papers published in the English language, and in one newspaper published in the German language, all in said city, to be designated by the -mayor, corporation counsel and commissioner of public works, annually, brief advertisements calling attention to any contracts intended to be awarded, or bonds to be sold, and 1878, ch. 768, J8, referring for full information to said Citv Record. Hut nothing Camp. iw . . ° . J & or publication herein contained shall prevent the publication elsewhere of any mentl advertisement required by law; provided, however, that no such publication shall be made unless the same is authorized by a concurrent vote of the mayor, corporation counsel, and com- missioner of public works. No •money shall be paid from the adw^^aot c *ty treasury for advertising done after April thirtieth, eighteen to be paid for. hundred and seventy-three, except such a^ is herein authorized, and no action shall be maintained or judgment obtained against the city for any advertising done after such date, except such as is herein authorized. 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 mayor i878.cii.885, §io, shall direct. The comptroller shall cause a continuous series of cur|iecord to the City Record to be bound, as completed quarterly, and to be certified, and t" deposited, with his certificate thereon, in the office of the register of deeds of the city and county of New York, in the county clerk's office, and in the office of the clerk of the board of aldermen, and copies of the contents of any part of the same, certified by such register, county clerk, or clerk of the said board, shall be received in judicial proceedings as prime facie evidence of the truth of the contents thereof. i88i cu roe « § ^ shall be the duty of the supei visor of the City Record supervisor to to cause the lists of registered voters, made and delivered bv the arrange names . ^ii -i r ■ , . by districts. chairmen 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 number of any street shall appear together, and those of each street in each election district shall appear arranged by house numbers, in con- ^ . . . secutive order, each street separatelv. And as soon as the entire To print and ' . eitvReco"} 6 ' 11 re gist r y Bf voters shall be completed, -and the copies thereof made and delivered, the said supervisor shall forthwith cause the same to be printed and published in the City Record, and in ( ITV UF.COKD. the form and manner heroin prescribed; and BUoh publication shall bo made w ithin eighty-four hours after the close of each annual registration. The registry of each assembly district shall \— »>i^ be printed separately as a supplement to the City Record, and n,i »' lv eacli supplement containing the registry of one assemhlv district shall he sold separatel}' to persons wishing to purchase the same at not less than five cents per copy. All monef received there- for shall he paid into the city treasury and applied toward the payment of the cost of such publication. §68. All printing for said city, including the printing of the i878.ch.885, City Record, shall be executed and all stationery shall be sup- L amended, plied, under contracts, to he entered into by the mayor, corpora- comp. ioo. tion counsel, and commissioner of public works. All proposals [.VXgVlu for printing and stationery shall be based upon specifications to ~" cord 1 " •' 1 1 Stationory nn< be filed in the department of public works, which shall set foith wanks, with accuracy the number of every description of printed blanks; also each description of stationery or blank books in ordinary use in the board of aldermen and the respective departments, and likely to be required during the year for which such con- tract is to be given; and the bids shall be given for such number of each printed description of blanks, or of each article of sta- tionery (including under the head of stationery, letter or writing paper, or envelopes, with printed headings or indorsements) as are* specified, and for such additional number as may be re- quired) giving the price for blanks of every description, and the price of all other printing ''per thousand ems, 55 or for "rule and figure work;'' separate contracts shall be made with the the lowest bidder for any one description of printing, or any ar- ticle of stationery involving an expense of more than five hun- dred dollars. Ten per cent, of the amount becoming due, from Ten per cent, time to time, shall be withheld by the comptroller until the com- be withheld l " pletion of the contract; and in case the contractor shall fail to fulfil the same to the satisfaction of the mayor, corporation counsel, and commissioner of public works, then they may de- clare said contract to be annulled, and they 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 for printing or stationery done or furnished after April thirtieth, eighteen hundred and seventy-three, unless done or furnished under a contract where, under the provisions of chap- ter three hundred and thirty-five of the laws of eighteen hun- dred and seventy-three, or of this act, a contract w r as or is % necessary, or under a valid contract, or unless upon evidence of a contract made as provided in this section. Separate contracts sepmatecon- may be made at any time for engraving, lithographing, wood- engravings, cuts, maps, or other picture work, as the same may be required: maps. etc. CITS KKCOKD. Copies >>f mes- sages and re- ports limited City manual. List of all ofti cers and subi ir. dlnatefl to be published yearly Powers of supervisor of ( 'it y Record. What to be published. See 18T2. eh. or.". $90. As amended. 1873, ch. 823, §4. 1881. eh. 450. §0 Printing and stationery. but not hing herein contained shall be construed to require a sep- arate contract for each engraving, lithograph, or woodcut, or map, unless the officers aforesaid shall deem the same advisable for the interest of the city. No more than one thousand copies of any message of the mayor, or report of any head of a de- partment, and no more than five hundred copies of any report of a committee *>f the hoard of aldermen, shall be printed apart from the City Record. Neither the work known as the Manual of the Common Council nor any similar work shall he printed at the public expense; but there shall be published in the City Rec- ord, Avithin the month of January in each year, a list of all sub- ordinates employed in any department (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 arc 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 requi- sitions in writing upon the heads of departments to* furnish the information necessary to make up such list according to rules prescribed by him and approved by the comptroller- and such information must be supplied by the department within ten days after such requisition. He shall have power to require such in- formation in the same manner, every three months, and all other information in the control of said heads of departments, neces- sary to perform his duties under this section. He shall include in his list the number of laborers, designating the department in which they are employed, and, if practicable, the numbers em- ployed in the prosecution of specific work, 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 cit} r are open for business, and at which each ce^rt regularly opens and adjourns as well as of the places where such offices are kept and such courts are held. The detailed can- vass 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 year. The mayor may ol- der the insertion of any official matter or report in the City Re- cord. Nothing herein contained shall apply to any printing or supplies of stationery for the mayor, aldermen, and commonalty of the City of New York, where, by the concurrent vote of the mayor, counsel to the corporation, and commissioner of public- works, it shall be decided to have such printing done or such stationery furnished without contract let after advertisement for bids or proposals, but in such cases such printing shall be done and such stationery procured in the manner and on such LKfilsi.A TIN i: DKI'AUTMKNI'. 27 terms and conditions as the said officers shall ».<* ° . 1*.*. ell. Vi\ jil. the mayor and comptroller, is authorized from time to time to l V;"'!.'|;'' l ,''s l contract for lighting the streets, avenues, piers, parks, and places j '^'j' " V! of the citv with gas or other illuminating material bv one or street*, more contracts to be let at public lettings, as provided by law, for a period of one year, or any part of a year,-and commencing and terminating at any dates the said board may determine The care and maintenance of such lamps shall be under the su- ' "'" 1 1 (enance of pervisiou of the commissioner of public works. Provided, al- '"'"P 8 - ways, that the department of public parks shall have exclusive authority to decide when and where any new lamps shall be put and lighted in any of said parks or places under its control. CHAPTER IV. Legislative Department. § 70. A majority of the board of aldermen shall constitute a ^i;,^,;, quorum. The comptroller, the commissioner of public works, Quorum, the corporation counsel, and the president of each department shall be entitled to seats in the board, and to notice'of its meet- ings, and shall have the right to participate in its discussions, but in no wise shall be considered as members of the board, and shall not have the right to vote. 71. The board of aldermen shall: First by the affirmative J2?3, <*: wb, » '- •' Comp. 140 vote of a majority of those present, and constituting a quorum, choose a president from its own members by a call of the names : V"""" H o : » 1 -i! of the members of the board, upon which call each member aN Y ■ 4 *- shall announce his choice, and when once chosen such president can be removed before the expiration of his term as alderman, only by a vote, taken by a call of ayes or noes, of four-fifths of all the members of the board. Second, appoint a clerk and other officers. Third, determine the rules of its own proceed- ings. Fourth, be the judge of the election, returns, and qualifi- .>h..« m.u: cations of its own members, subject, however, to the review of any court of competent jurisdiction. Fifth, keep a journal of its proceedings. Sixth, sit with open doors. Seventh, have the authority to compel -the attendance of absent members, and to punish its members for disorderly behaviour, and to expel any member, with the concurrence of two-thirds of the members elected to the board. Xo alderman shall sit or act as a magis- trate in any judicial matter or pi-oeeeding. •_'S LEGISLATIVE DEPARTMENT. 1H73, ch. 885, l'i Comp, in. 1H7.5, cb. 886, (8, ('. 1 II. .Meetings. l878,eh.885,M9, 14, Com]). 111. Ordinances and resolutions. I bcpendil i money rest ricl ed, ltcs, ch.sa-). gj 10, U, 12, 18, ( !i imp, 141. Approved In mayor, etc, Veto. Proceedings in ease of veto. § 72. Every member expelled from the board shall thereby forfeit all his rights and powers as alderman. § 73. The stated and occasional meetings of th 1 board shall be regulated by its own resolutions and rules! § 74. Every legislative act of the common council shall be by resolution or ordinance. No ordinance or resolution shall be passed excep't by a vote of the ma jority of all the members elected to the board. In case any ordinance or resolution involves the expenditure of money or the laying of an assess- ment, the lease of real estate or franchises, the votes of three- fourths of all the members elected to the board shall be neces- sary to its passage. No money shall be expended for any celebration, procession, funeral ceremony, reception, or enter- tainment of any kind, or on any occasion, unless by the votes of four-fifths of all the members elected to the board. Xo addi- tional allowance beyond the legal claim which shall exist under any contract with the corporation. OT with any department or officer thereof, or for any services on its account or in its em- ployment, shall ever be passed by the common council, except by the unanimous vote 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 corpora- tion, or the value of any such services.* § 75. Every ordinance or resolution shall, before it shall take effect, be presented, duly certified, to the mayor for his appro- val. ' The mayor shall return such ordinance or resolution to the board within ten days after receiving it. or at the next meeting of the board after the expiration of said ten days. If he ap- prove it he shall sign it. If he disapprove it he shall specify his objections thereto in writing. If he do not return it with such disanproval within the time above specified, it shall take effect as if he had approved it. Such objections of the mayor shall be entered at large on the journal of the board, and the board shall, after ten days, and within fifteen days after such ordi- nance or resolution shall have been returned to it, proceed to reconsider and vote upon the same. If the same shall, on re- consideration, be again passed by the votes of at least two- thirds of all the members elected, but in no case by a less vote than was necessary on its first passage, it shall take effect. If the ordinance or resolution shall fail to receive, upon the first vote upon such reconsideration, such number of affirmative votes, it shall be deemed finally lost. In all cases the vote shall be taken by ayes and noes, and the names of the persons voting for or against its passage, on such reconsideration, shall be en- tered in the Journal of the board. In case an ordinance or reso- lution shall embrace more than one distinct subject, the mayor < l.kKK OF liOAHD OF U.hKHMF.N. 29 may approve tlic provisions relating to one or more subjects and disapprove the others. In such case, those which lie shall ap- prove shall become effective, and those which he shall not approve shall be reconsidered by the board, and shall only become effective if again passed as above provided. § 76. The clerk of the board of aldermen shall, by virtue of his office, be clerk of the common council and of the board of oraffiS* ' aldermen, when performing any duties or exercising any powers ofawemSST 1 heretofore devolved by the constitution or the law, upon the .nit '' board of supervisors, and shall perform all his duties without additional compensation to that paid him as clerk of the board of aldermen. It shall be his duty to keep open for inspection, at all reasonable times, the records and minutes of the proceed- ings of said boards. He shall keep the seal of the city, and his signature shall be necessary to all leases by the city of its prop- 4m-,mn! y.w erty, and to all grants and other documents, as under existing laws. § 77. Said clerk shall, except as in this act otherwise provided, receive, have, take charge of, and keep all such muniments, records, patents, deeds, minutes, writings and papers belonging w,%m. ' eh ' to the mayor, aldermen and commonalty of the city of New ( " mp l4G York as the board of aldermen shall from time to timq direct or order to be delivered to and kept by the said clerk, but under the direction and subject to the order and control of the said board. § 7S. The original records and papers in the several public [^p"'^ 1 ,' 1 ' : offices in th"e city and countv, bearing date prior to and inclu- certain records ^ to be deposited sive of the year one thousand six hundred and ninety-nine, withde&oi " ■* ' council shall be. deposited with the said clerk, to be preserved in his office, and said officer shall cause copies and translations thereof to be filed in the offices from which said records shall be taken where such copies and translations have not heretofore been made and filed. Access by the public shall at all times be allowed for the examination of said records and papers, under such regulations as shall be established by said clerk to secure the preservation of the same. §79. The said clerk shall, subject to the rules of the board, Ls amend.' i' appoint and remove at pleasure deputy clerks in his department comp h i «!" * J ' and fix their salaries. The deputy clerks and other officers of the board of aldermen shall be officers of the board when performing duties heretofore performed by the board of supervisors and no separate officers or subordinates shall be appointed to aid them when performing such duties, and such clerks and officers shall receive no additional compensation for services rendered at such times. The aggregate amount of salaries paid to the clerks and officers of the board of aldermen, including the salary of the clerk, shall not exceed twenty-five thousand dollars in any one year. 30 BOA ill) OF ALDERMEN. 1873, ch.835,J16, Comp. 148. Gj. To prepare abstracts, etc.,' for publica- tion. 46 N. Y. 43: 02 ie published. Sir lN80.cli.Hil. Mi N. Y. 174. When to be approved by mayor. 1878,eh.835, $18 Comp. 145. Taxes, etc.. 10 Hun, 194; «!> N. Y. 444. 04 Id.. TOO; 6 Hun. 11. Seel880,ch. 161. 1*31, ch. 178, Agreement with Kings Co. 1874, ch. 30-1. $3, Comp. 136. Powers and duties of board of supervisors to be exercised by board of aldermen. § 80. Immediately after the adjournment of each meeting of the board of aldermen, it shall he the duty of the clerk to prepare a brief extract, omitting all technical and formal details, of all resolutions and ordinances introduced or passed, and of all rec- ommendations 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 Rec- ord. No resolution or ordinance providing for or contemplating the alienation or appropriation or leasing any property of the city, terminating the lease of any property or franchise belong- ing to the city, or the making of any specific improvement, or the appropriation or expenditure of public moneys, or authoriz- ing the incurring of any expense, or the taxing orassessing of property in the city, shall be passed or adopted by the board until at least five days after such abstract of its provisions shall have been published. No such ordinance or resolution shall be ap- proved by the mayor until three days after such abstract shall have been so published after its passage; but if an abstract of any resolution or ordinance shall have been once published after its introduction, it shall not thereafter be necessary to publish the same again, but only to refer to the date and page of the former in the City Record, and to state the amendments, if any. made thereto. In all cases the yeas and nays upon the final passage of the resloution or ordinance shall be published. § 81. The board of aldermen shall have no power to impose taxes or assessments, or borrow money, or contract debts, or loan the credit of the city, or make a lease of any real estate, belong- ing to the city, or take or make a lease of any franchise save at a reasonable rent and for a period not exceeding five years, unless specially authorized so to do by act of the legislature. § 82. The board of aldermen shall have power to agree with the supervisors of the county of Queens for the payment by the City of New York to the said county of Queens of such propor- tion of the excess of the debts and obligations of said county of Queens which existed on the eighth day of June, eighteen hun- dred and eighty-one over and above the value of all the property which on that day belonged to said county, as should propor- tionally and equitably be paid by those who were the inhabitants, if any, and the property-holders upon North Brothers Island upon said day. § 83. All the powers and duties conferred or charged upon the board of supervisors of the said city and county shall be exercised and performed by the board of alderman of said city as such, subject nevertheless to the like power of approval or rejection by the mayor of said city, as is or maybe required by law in respect POWERS OF COMMON COI NCII. to Bets of the common council of said city, excepl thai when by the constitution any action is specifically required to be taken by the board of supervisors of said city and county, which cannot, under any power conferred by this act or otherwise, be taken in any other manner, such action may bo taken by the said board of aldermen, but the concurrence of a majority of all the mem- bers shall in such case he necessary to the passage of any reso- lution, ordinance or act. § 84. The ordinances of the common council in force on the first day of April, eighteen hundred and seventy, and in force at the time of the passage of this act, and all ordinances passed and adopted since the first day of May, eighteen hundred and seventy, and in force at the time of the passage of this act, are hereby continued in full force, subject to modification, amend- ment, or repeal by the common council. § 85. The common council shall have power to make, continue, modify, and repeal such ordinances, regulations and resolutions as may be necessary to carry into effect any and all of the powers vested in or conferred upon the corporation, and to provide by ordinance whatever provisions or regulations, other than those herein specially authorized, may become requisite for the fuller organization, perfecting, and carrying out the powers and duties pi-escribed to any department. The common council shall have the power to enforce obedience to such ordinances, and observ- ance thereof, by ordaining penalties for each and every violation thereof, in such sums as it may deem expedient, not exceeding- one hundred dollars, and may direct that such part of any pen- alty as it shall think proper, shall be paid and applied to the use of the person or persons who shall afford such information as to enable the offender or offenders to be prosecuted to conviction. All persons offending against any ordinance passed by the com- mon council shall be deemed guilty of misdemeanor, and be punished, on conviction, by a fine, or in default of payment of such fine, by imprisonment not exceeding ten days. All ordi- nances shall continue in force until repealed. § 86. The common council shall have power to make ordi- nances, not inconsistent with law and the constitution of this State, and with such penalties as are provided in the last section, in the matters and for the purposes following in addition to other powers elsewhere especially granted, namely: 1. To regulate traffic and sales in the street and public places. 2. To regulate the use of the streets, highways, roads, and public places by foot passengers, animals, vehicles, cars, and locomotives. 1870, ch. 190. 1H72, oh. 800. |9, Comp. 161, 1878 l cb.8S6,|U9, Oomp. 1 15. Ordinances in force. 1878, ch.88G,§17, Comp. 1-13. Powers of com- mon council 2E. D. 8. 868; 15 N. Y. 502; :l Kob. F6. Id. §90. Comp. 145. < Ordinances Em perfecting or- ganization, etc.. of deportments, Id. §17, Comp. 43. 1 highways, roads K. L. 1813, ch. 80. §274, as aui.-ihlcd 1837. ch. 160, §2, Comp. 14«. And direct pan to be paid to infi irmers, 1833. ch. 1!. g», Comp. 1837. ch. 160, §1, Comp. 150. 1873, ch.355, §17. Comp. 1 13, as amended 1873, ch. 757. 56. Ordinances. Street traffic. Use of streets, etc 1 Hilt. 562. I'OWKItS OF ( Oil 51 O.N COUNCIL. 59 How. 277, 888. Opening of streets. Numbering of llOUHCS. Bee 1866, cb. 877 Comp. R56. Kemoving ICC, etc. See \»'r-i. oh.677 Comp. 870. 13 Abb. (N. S.i 115. ;3 X. Y. 839. Seel8;«. cb.135. Vagrant;?, etc. :i. To regulate the use of sidewalks, and prevent the exten- sion of building fronts and house fronts within the stoop-lines. 4. to prevent encroachments upon and obstruction! to the streets, highways, roads, and public places, not including parks, and to authorize and require the commissioner of puhlic works to remove the same; but they shall have no power to authorize the placing or continuing of any encroachment or obstruction upon any street or sidewalk, except the temporary occupation thereof, during the erection or repair of a building on a lot opposite the same. 5. To regulate the opening of street surfaces, the laying of gas and water mains, the building and repairing of sewers, and the erecting of gas lights. • C. 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 for the said board to number or renumber any houses, in any street, avenue, alley, lane, road, way or public place, or to in anywise change or alter any such numbering or the name of any street, avenue, or pub- lic place, save between the first day of December of any year and the first day of May next ensuing. 7. To regulate and prevent the throwing or depositing of ashes, offal, dirt, or garbage in the streets, and subject to the other provisions of this act, to regulate the cleaning of the streets, avenues, sidewalks, and gutters, and the removing ice and snow from them. S. To regulate the use of the streets and sidewalks for signs, sign-posts, awnings, awning-posts, horse-troughs, urinals, tele- graph-posts, and other purposes. 9. To provide for and regulate street pavements, crosswalks, curb-stones, gutter-stones, side-walks, and the grade of streets, and to provide for regulating, grading, flagging, curbing, gut- tering, and, subject to the provisions of section sixty-nine of this act, lighting streets, roads, places, and avenues. 10. To regulate public cries, advertising noises, steam whis- tles, and ringing bells in the streets. 11. In relation to street beggars, vagrants, and mendicants. 12. In relation to the use of guns, pistols, firearms, fire- crackers, fireworks, and detonating works of all descriptions within the city. 13. In relation to intoxication, fighting, and quarreling in the streets. 14. In relation to places of public amusement. 15. In relation to exhibiting banners, placards, or flags in or across the streets, or from houses or other buildings. POW ERS OF COMMON I OUN( IL 33 it;, [n relation to the exhibition of advertisements or hand- bills along the streets, avenues, and public plaees. 17. In relation lo the construction, repairs, and use of vaults, sKob,, ids cisterns, areas, hydrants, pumps, and sewers. 18. In relation to partition fences and walls. I!>. In relation to the construction, repair, care and use of SDuer.os; a , Bosw. 4*3; .11 markets. Sow. 889. 20. In relation to the licensing and business of public cart- ia&,cLis, nu n. truckmen, hackmen, cabmen, expressmen, car-drivers, im™ok!88,'|2M boatmen, pawnbrokers, junk dealers keepers of intelligence im, eki*, 515. offices, dealers in secondhand articles, hawkers, i>eddlers and i86™cb.428, vendors. All licenses therefor shall be according to an estab- uceMinghaick lished form and regularly numbered, and be duly registered in Tii»* u *\ the office of the mayor. 91. In relation to the inspection and sealing of weights and measures, and enforcing the keeping and use of proper weights and measures by vendors. •2-2. In relation to the inspection, weighing, and measuring of firewood, coal, hay, and straw, and the cartage of the same. 23. In relation to the mode and manner of suing for, collect- ing, and keeping accounts of the city and county, and disposing of the penalties provided for a violation of all ordinances. 24. In relation to the erection and repair of public fountains Public for the use of man and animals, at convenient points along the streets and avenues and public places. 25. By resolution to require the commissioner jot public works to do any work or take any action proper for carrying into effect the powers of the common council. 20. To regulate* or to prohibit the purchase, sale, and expos- isi8.ch.86 %m. ure to sale of any goods, wares, or merchandise, fruits, herbs,. s^f on meats, fish, or any other article or thing within the said city, on Sunday - the first day of the week, called Sunday, except fresh fish, which may be sold prior to nine o'clock in the forenoon. 27. To regulate the sale by measure or weight, or otherwise, i883,ch.u,$u of all kinds of fruit and vegetables. 28. To prohibit and suppress all gaming houses and places for com?M7' S2!2i gaining in the said city. suppressing m -T -j 1 -ii t gaming houses, 29. lo prohibit and restrain all and every person or persons, Repu iating other than licensed butchers, from carrying on the business ,H,toll " rs or calling of a butcher, or any branch or part thereof, in the said city. 30. Relative to the taxing and destroying of dogs within the ' said city. 31. For the regulating and licensing of keepers of ordinaries, 1833, ch^i, §20. or victualing houses; or places where fruit, oysters, clams, or meats, shall be sold. l'OWKHS OK COMMON ( nl N< II. 32. For the more effectual suppression of vice and im- morality, and the preserving of peace and good order in said city. 33. For the Licensing ami otherwise regulating the use-and employment of dirt carts. Com ' '«»' rM7 ' ro R n ^ a ^ n g hoarding-houses and taverns, and prevent- ing the resort of crowds of disorderly persons to them. i8M,ch.2k n 35. To restrain and prohibit the mooring or anchoring of any Certain powers ships, or other vessels, at such place or places as will crowd or rorpomt^nof interfere with the steam ferry hoats, in their pas age aCFDSB the dLta §s East "ver, from the city of New York to Brooklyn, and from comp. i59o. Brooklyn to the said city, and to regulate the lying and mooring of any ship or other vessel in the stream of North or Hudson liver, so as to prevent the same from ohstructingthe navigation of the ferry hoats in the said river from the city of New York to the Jersey shore, opposite to the said city, and to impose penal- ties for violations upon the owners, consignees, masters, pilots or other persons having charge of such ships or other vessels, respectively. i«oi. en, 513, $a, -3fi. To make the sale or exposing for sale in t he streets of said city of any firewood by any person other than a licensed cartman a misdemeanor, and to prescribe punishment therefor, by a fine of not more than ten dollar*, and imprisonment in the city prison of not more than five days. iM2.ch. SB5, si, 37. For the preservation and protection of all or any of the Comp: 840. 11 J see^9 V °h k 883 xvol '^ s connected with the supplying of the city of New York with pure and wholesome water. i858kch. W9, sir. 38. To regulate the fees for searches and certificates to be charged by the collector of assessments and clerk of arrears. i85*,eh. i43,$i7, 30. To make such regulations in reference to the running of Comp. 868. ° . ° stages and omnibuses m said city, as may he necessary for the convenient use and accommodation of the streets. i82i, eh. uu, S3, £87. The common council may, by ordinance, regulate the duties and fees 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 such i8*4, ch. 147 S2 ordinances as to them shall seem proper. They may assign a Oomp: 10a particular district of the said city for each of the 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 respectively. i8i3,ch.8ti,s.';-'. § 88- The common council may, b} r ordinance, regulate the \w. P ch. 47. rates of fare to be taken by owners or drivers of hackney coaches or carriages. Such owners shall pay an annual license fee, to be determined bv the said common council. The board of alder POWERS OF COMMON COUNCIL. men may authorize tlie establishment, operation er extension of oh. "2. any roiito for the running of omnibuses or stages, in the manner and on the conditions provided by sections nineteen hundred and forty seven, nineteen hundred and forty-eight and nineteen hundred and forty-nine of this act, and may terminato or alter such consent or authority in the manner and on the conditions provided by sections nineteen hundred and fifty and nineteen hundred and fifty-one. § 8'J. Every pawnbroker or dealer in second-hand articles itHfl, ch.86, tag, shall pay for a license a sum to be determined by the board of im,ch. 11, jir aldermen, not exceeding five hundred dollar*, which sum shall i888,dLii 117 be applied towards the support of the poor of the said city. The Co, " p - m common council mav fix and establish the rate of interest that ^8,ch.<»,f2M 1 Comp. 147. shall be taken by any pawnbroker, for the loan of any sum; pro- isw, cn.ii, |i: vided always that the rate for any loan not exceeding twenty- ma^ckse'iaec five dollars shall not exceed the rate of twenty-six per cent, per pawnbrokers annum. Pawnbrokers and dealers in second-hand articles may ]^^\ JJ- § 17 - be required to give security to the mayor, aldermen, and com- 1sr3.ch.335.s17. monalty, with one or more sufficient surety or sureties, in a sum not exceeding ten thousand dollars conditioned for the observ- ance of the ordinances of the common council. Xo greater penalty than one hundred dollars shall be imposed by any ordin- ance as a penalty for the violation of any ordinance by any pawnbroker or dealer in second-hand articles. § 90. The common council may, by ordinance, from time to isso, cb. 42. $e, time, designate any building or buildings within the said city and um. county to be the common jails of said city and county, for all the Coramon jn " 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 an ordinance of said common council. § 91. The common council may assign such place in the said 1838, cK. 297, ji city as may to them seem most conducive to the public conveni- courts, where ence for the holding of the courts of general or special sessions tobeheld - and of oyer and terminer and jail delivery, to be held in and for the said city and county; but any alteration of the place of holding such courts shall, before the same takes effect, be noti- fied in one or more of the public newspapers printed in the said city, for the period of not less than four weeks. ^92. The common council may assign the places where the i*>r, C h. sm. jr. several district courts shall be held, within their respective dis- Oomp.issa.i'sfe! tricts, except as otherwise provided by law. § 93. The common council must appoint some reputable phy- ecu w. Pro©., sician, duly authorized to practice medicine, as the physician to Comp.ao3R. the jail of the county, who shall hold his office at the pleasure of ai ph>slcmn the board. $ 94. No new street shall hereafter be laid out in the said city, [r^^'g,^ st0 - 86 POWERS OF COMMOK COUNCIL. W3, ch.335, §00. Clomp. 145. Accountability of officers. 1805. ch. 10, $2. C'onip. 1IG. Certain ordi- nances and its tilut ions de clared invalid. 1RI3, ch.886, S0(*. Comp. 93. 18.3, ch. 835. $17. as amended 1873, Ch. 757, $6, Comp, 145. 1864, ch. 202, }1, Comp. 14:14. Records of bus- iness of crimi- nal courts. 1880, ch. 544. 1851, ch. 516. 1848, chs. 75, 158 Comp.1408.1469. 4 Abb. 25. except with the approbation and permission of the mayor, alder- men, and commonalty, in common council convened: and if any street shall he laid out without such permission, it shall he law- ful forth*.' said mayor, aldermen, and commonalty, hy by-law or ordinances, to direct the same to be stopped up, and all build- ings adjoining- thereto to be removed hy the proprietors or occupants, within such times and under such penalties as they shall think proper. § 95. It shall be the duty of the common council to provide for the accountability of all officers and other persons, save as herein otherwise provided, to whom the receipt or expenditure of the funds of the city shall be intrusted, by requiring from them sufficient security for the performance of their duties or trust, which security shall be annually renewed; but the se- curity first taken shall remain in force until new security shall be given. § 9G. Any ordinance, act, or resolution, passed by the com- mon council or the board of education, after January thirtieth, eighteen hundred and sixty -five, authorizing the increase of the salary of any person or persons, whose salary is payable out of the city treasury, to take effect prior to the date of such ordi- nance, act or resolution, shall he and the same is hereby declared to be void. £ 97. The salaries of all officers, whose offices may be created by the common council 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, to be passed by the common council, and approved as hereinbefore provided for the approval of ordinances or resolutions. § 98. The ordinances of the common council shall, as far as practicable, and, so far as the same has not already been done, be reduced to a code and published as such in the City Record. § 99. The board of aldermen shall cause statistical records to be prepared and kept of the business and proceedings of the criminal courts and offices of the city and county of New York, and shall make provision for the due collation and preservation of said records; and the said hoard is hereby authorized to estab- lish such regulations as shall be necessary in the judgment of the board, to give effect to the provisions of this section, provided the expense shall not exceed one thousand five hundred dollar> per annum. § 100. There may be not exceeding seven hundred and twenty five commissioners of deeds in office at any one time. The common council is hereby authorized and empowered to appoint such commissioners from time to time, who shall hold their offices for two years from the date of their appointment. DUTIES AND POWERS OF MAYOR. 87 and until others arc appointed in (heir places. Such appoint- ments shall not require the approval of the mayor. § 101. The common council, and the several members thereof, {jj^jf^S) 8 ' arc hcrehv declared trustees of the property, funds and effects common conn . , oil trustee* of said city and county, respectively, so far as such piopeitv, of ,„,i,ii.- - ' * J ' ,. property funds, and effects are or may he committed to their manage- ment or control, and every person residing in said city and as- sessed to pay taxes therein, 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 such cestui que trust shall he entitled as against such trustees, and in regard to such property, funds, and effects, to all the rights and remedies provided hy law of any co-trustee, <>r cestui que trust to prosecute and maintain any action to pre- vent waste and injury to any property, funds, and estate held in trust. Such trustees are hereby made subject to all the duties and responsibilities imposed by law on trustees, and such duties and responsibilities may be enforced by any co-trustee or cestui (pie trust aforesaid. § 102. Any member of the common council who shall know- cwmp^iw! 8 * 2, ingly and willfully disregard any provision of law, applicable ^^mem- to the members of the common council, or who shall vete for bers or common *' council. any contract in violation of law, or any appropriation unauthor- ized 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 he 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. CHAPTER V. The Executive. Department. 103. It shall be the duty of the mayor: i«s,cii.as5,ssa, 1. To communicate to the common council, at least once a j^Vm»ror year, a general statement of the finances, government, and im- provements of the city. 2. To recommend to the common council all such measures as he shall deem expedient. 3. To keep himself informed of the doings of the several de- partments. 1. To be vigilant and active in causing the ordinances of the 88 DUTY A.ND POWERS OF MAYOR. city and laws of the State to be executed and enforced, and for that purpose he may call together for consultation and co-oper- ation all heads of departments. 5. And generally to perform all such duties as may be pre- scribed for him by the city ordinances and the laws of the State. g8i, ch."442, § io4. The mayor is a magistrate. JljjJ*^^ § 105. The mayor may appoint such clerks and subordi- nates as he may require to aid him in the discbarge of his official duties, and shall render to the board of aldermen, every three months, an account of the expenses and receiptsof his office, and therein shall state, in detail, the amounts paid and agreed to be paid by him for salaries to sucli clerks and subordinates respect- ively, and the general nature of their duti::. J ' C'omp. 101. a person or persons to till any vacancy or vacancies which now Mayor to nn exist or may hereafter occur from death, resignation, or cause other than the expiration of the full term in any office to which, hy the provisions of this section, he is empowered to appoint, hy and with the consent of the hoard of aldermen. Any person 1878, ch. 885, fE who shall he appointed in pursuance of this section to fill any mp ' vacancy shall hold hi^ office for the unexpired term of his pre- decessor. § 107. The mayor shall appoint the commissioner of street iwi.ch. 307, $1. cleaning with the approval of the hoard of health, hut if after of m reeT ,on ' r • three ballots the said hoard shall fail to confirm or reject by a ceamn * majority vote any person nominated hy the mayor, two affirma tive votes of members of said hoard shall ho sufficient for his confirmation. ■> 10$. The heads of all departments, except the head of the i873,ch,885,$35, department of street cleaning, and all other persons whose Headsotde- appointment is in section one hundred and six provided for, !v I " l " , ,'!i ,s may be removed by the mayor for cause, and after opportunity ' JN Y 5g-; to be heard, subject, however, before such removal shall take effect, to the approval of the governor, expressed in writing. The mayor shall, in all cases, communicate to the governor, in writing, his reasons for such removal. Whenever a removal is so effected, the mayor shall, upon the demand of the officer re- moved, make, in writing, a public statement of the reasons therefor. No officer so removed shall be again appointed to the same office during the same term of office. The head of the 1881, ch. 817. §1. department of street cleaning shall be subject to removal by the mayor with the approval of the board of health, whenever the mayor shall certify that in his judgment such removal is re- quired in the public interest. If, after three ballots, the board of health shall fail to approve of such removal, two affirmative votes of members of said board shall be sufficient for such ap- proval. §109. The mayor shall, on the first Monday of April, in isro. ch. m, is, eighteen hundred and eighty-three, and in every third year, laro, ch. us, fi, nominate to the board of Aldermen three good and responsible Commissioners citizens to be commissioners of excise; said board shall confirm or reject such nominations. In case of the rejection of such nominees, or any of them, the mayor shall nominate other per- sons as aforesaid, and shall continue so to nominate until the nominations shall bo confirmed. The terms of office of such persons shall commence on the first clay of May succeeding the date herein fixed for their nomination. Any person appointed after the commencement of the term as herein prescribed shall 40 POWERS OF MAYOR. Terms of office und salaries in cities. Vacancies, how Mled. Re va,] toi cause 1873,ch.33.">.$100. Comp. 97. Commissioners of accounts, appointment nnil duty of. 16 Sun. 809. 1880, ch. 153, §3, Comp. 86ti. Duty of mavor. 1873, ch. 251. |t, Comp. 825. See 1874,ch.636, §10, Ccmp. 458. Scavengers to be licensed by mayor. hold only until the expiration of such term and until a suc- cessor is duly appointed and qualified. Any^one or more of the commissioners so appointed shall have the power to act as a hoard of excise until the others shall he duly appointed. They shall, except as herein otherwise provided, hold their offices for three years and iintil others shall he appointed in their places and have qualified. The mayor shall, from time to time, as often as vacancies shall occur, appoint persons qualified as afore- said to fill the unexpired term of any commissioner who shall die, resign, remove from the city, or be removed from office. Commissioners of excise shall be removed for any neglect or malfeasance in office, in the sunie manner as provided by law for the removal of sheriffs. §110. The mayor shall, from .time to time, appoint and re- move at pleasure two persons, who, together with the president of the department of taxes and assessments, shall be commis- sioners of accounts. It shall be their duty, once in throe months, and oftener if they deem it proper, to examine all vouchers and accounts in the offices of the comptroller and chamberlain, and to make and publish, in the City Kecord, a detailed statement of the financial condition of the city, show- ing the amount of its funded and floating debt, the amount received and expended since the last preceding report, with a classification of the sources of revenue and expenditure, and such other information as they shall deem proper. They shall, from time to time, make an examination of the expenses of the several departments and officers, and make such recommenda- tions to the board of estimate and apportionment, aud other officers, with reference thereto, and particularly with reference to salaries and duties, as they deem advisable. Any one of such commissioners shall have authority at any time to make any such examination, and such two appointed commissioners shall be paid a reasonable compensation, to be fixed as other expendi- tures by the board of estimate and apportionment, not exceed- ing three thousand dollars each annually. § 111. The mayor is hereby authorized and empowered to regulate, license, and from time to time fix the number of hay scales in said city, and for cause to revoke any license given by him; and all persons in said city are prohibited from giving cer- tificates of weight of hay, except those who have received such license, who shall be required to mark legibly on each bale the gross weight thereof. § 112. The mayor shall have sole and exclusive power to grant licenses to scavengers for the removal of night-soil. The mayor may make rules and regulations, specifying the duration of such licenses, and the causes for which they may be revoked; who- POWERS OF MAYOR. -11 ever shall violate and not conform to either of said regulations shall he suhjoct to a penalty of ten dollars for each offense, to he recovered hy action in the name of the mayor, alderman, and commonalty, in any court having jurisdiction thereof: where the misconduct was wilful, the offender shall be subject to a penalty of fifty dollars for each offense, to be recovered as aforesaid. ^113. The mayor shall have authority to grant licenses to cSdpjwJ 1 any person engaged in and carrying on the business and occupa- JJJSJJJ 8 * tion of an auctioneer, or desiring to be so engaged, on such per- son's filing abend with two good sureties in the penal sum of two thousand dollars. The mayor, on the complaint of any person having been defrauded by any auctioneer, or the clerk, w K agent, or assignee of such auctioneer, doing business in said city, is authorized and directed to take testimony under oath relating thereto; and if the charge shall, in his opinion, be sus- tained, he shall revoke the license granted to him and direct the bonds to be forfeited. 3 114. The mavor is authorized to grant licenses for public i, 872 . ch. 885, * 7 - , . 1 Comp. 848. exhibitions, in the manner and on the conditions provided in Licensee for sections nineteen hundred and ninety eight to two thousand and " " " lons one inclusive, of this act. § 115. The mayor is authorized to grant licenses to persons iw£ch.2i9, §8. keeping houses for the purpose of boarding emigrant passengers. Licences to But before granting any such license, he shall require from such honnifng- person or persons a bond satisfactory to himself, with one or l " " s,s more sureties, in the penal sum of five hundred dollars, condi- tioned for the good behavior of such person or persons, and the proper conduct of all agents and runners in his or their employ. The mayor may revoke any license for cause. The person or persons receiving such license shall pay the sum of ten dollars a year for each license. £ 1 10. The mayor is authorized to grant licenses to persons ism, ch. m, p .... * ,. e i i ■ ■ i. - , Comp. 1688. exercising the vocation of booking emigrant passengers or tak- Licenses to ing money for their inland fare or for the transportation of their runners baggage. The persons receiving such licenses shall pay the sum of twenty-five dollars a year for each license. §117. The mayor may issue licenses authorizing the person iggo. C n. 353. si. or persons to whom the same are issued upon any street, public highway, dock or pier, or in any park or square,«in the city of New York, "or upon any water adjacent thereto, over which said city has jurisdiction, to solicit patronage for any hotel or inn, or passengers or patronage for any steamer, steamboat, ship, ves- pj"™^^^ sel or railroad, or for any person or corporation selling or offer- fj^"^'"';;^,,,, ing for sale passage tickets, or contracting or offering to contract Ucen9e for passage'in any such steamer, steamboat, ship, vessel or rail- POWRKS OF MAYOK. M., |2. road. Such license shall be for the period of one year from the il!s U u.' u.vnsi- f.„- date thereof, and every person receiving such a license shall pay '™tmi"''ii'" the sum of twenty doUarci therefor to the said mayor, and shall toyew. " 1>( ' also give to the mayor of said city a bond, with two good and sufficient sureties in the penalty of three hundred dollars, condi- tioned for his good behavior and the faithful observance by him of the provisions of this section. It shall be lawful for said mayor, upon an application made prior to the expiration of said license, to renew and continue the same from year to year, pro- vided that the applicant therefor continues in all respects quali- fied, as herein provided, to hold such license, and said applicant shall, upon receiving such renewal, pay into the city treasury a further sum of twelve dollars and fifty cents per annum as a re- fee. newal fee. Licenses and renewals may be revoked at any time Revocation of by the said mayor for any cause satisfactory to him, 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 sect ion who is not a citizen of the United States dud a person of good general character; such fact Mayor to mi- to be proved to the satisfaction of the mayor. The mayor shall eler statements 1 j j to comptroller, render to t -he compt roller of said city quarterly accounts of all moneys received by him under the provisions of this section, and the amounts so received shall be paid over by said mayor into the city treasury. ca.ciT.Froc. §118. The mayor, or, incase of his absence, or other disa- tag^iu? rll0ld " um ty> the recorder, may, by proclamation, direct that the next ensuing term of any court, other than the court of appeals, appointed to be held in that city, shall be held in any building, within the city of New York, other than the building where the same is regularly to be held, if, in his opinion, war, pestilence, or other public calamity, or the danger thereof, or the destruc- tion or injury of the building, or the want of suitable accom- modation, renders it necessary that some other place should be selected. The proclamation must be published in two or more daily newspapers, published in the city of New York. isra, ch.*30B, si, §119- The mayor is, by virtue of his office, one of the com - comp. io:>9. niissioners of emigration. co^civ. proc. § 120. Application for the removal of a person from real property as prescribed in title two of chapter seventeen of the Code of Civil Procedure, may be made to the mayor, if the prop- erty or a portion thereof is situated in the city. 1849, eh. 480, §6, § 121. The mavor shall possess the same power as that con - Comp. 269. L J 1 . ferred upon the superintendent and captains of police by section two hundred and eighty four of this act. 1873, ch. 333, 8 122. The mavor may be removed from office by the gover- §35, Comp. 159. . i-.ee i.u i. i.1 Mayor, how nor in the same manner as sheriffs, except that the governor removed. THE COMPTROLLER. may direct the inquiry provided by law to ho conducted by the attorney-general; and after charges have been received by the governor lie may, pending the investigation, suspend the major for a period not exceeding thirty days. CHAPTER VI. Department of Fixanck. Title \. — The Comptroller. the comptroller or the mayor, may at any time he terminated in the same manner as it was created. $J 125. There shall h»( five hnreans in this department: 1. A bureau f or the collection of the revenue accruing from rents, and interest on bonds'and mortgages, and revenue arising from the use or sale of property belonging to or managed by the city, and for the management of the markets, which shall he known as the bureau for the collection of city revenue and of markets; the chief oflicer of which hurcau shall he called the ''collector of the city revenue and superintendent of markets." 2. A bureau for the collection of taxes; the chief officer of which shall he called the "receiver of taxes." 3. A bureau for the collection of assessments and arrears of taxes and assessments, and of water rents; the chief officer of which shall he called "collector of assessments and clerk of arrears.!' 4. An auditing bureau which, under the supervision of the comptroller, shall audit, revise, and settle all accounts in which the city is concerned as debtor or creditor, and which shall keep an account of each claim for or against the corporation, and of the sums allowed upon each, and certify the same to the comp- troller, with the reasons for the allowance; the chief officer of which shall be called ''auditor of accounts." 5. A bureau for the reception of all moneys paid into the treasury of the city, and for the payment of money on warrants drawn by the comptroller and countersigned by the mayor; the chief officer of which shall he called the "cham- berlain." £ 12G. It shall be the duty of the comptroller to publish in the City Kecord, two months before the election of charter officers, a full and detailed statehient of the receipts and ex- penditures of the corporation during the year ending on the first day of the month in which such publication is made, and the cash balance or surplus ; and in every such statement the differ- ent 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 moneys borrowed on the credit of the corporation, the authority under which each loan was made, and the terms on which the same was obtained, shall be clearly and particularly specified. § 127. It shall be lawful for the comptroller to apply the moneys accruing for interest on the sale of bonds in said city for unpaid taxes, assessments, and Croton water rents, or so much thereof as shall be required, to the account or fund designated l878,ch. as, in Conip. 100. See 1H80 eh. m, |8 Bureaus. For collection of revenue from rente, etc. * For collection "f taxes. For collection of water rents, assessments, etc. Auditing Imreau. 18 Abb. 192; 11 N. Y. 584: Mid. 400, 470; TO id. 454. Receipt and payments. 1873, cu. £}.-> $108. Comp. 98. Financial state- ment to be pub- lished in City Record annually. 1800, ch. 8T0, J.'., Comp. 227. Application of certain moneys. 4fi BONDS [SSI ED \:\ CITY 18'.';.', cli. 88V, p. Comp. SKI). < 'omptroller to Sell indices in Mingle set*. 18*), ch. 191, SI Mnrket in Ninth ward. 1880, ch. 191, p. I . mds, Iioh tO be used. 1881, ch. 45G, p. Removal of reservoir. 1831, ch. 30;, $1 Sureties in street-cleaning contracts. "lands purchased for taxes and assessment.^.*' such moneys to be used for purchases by the corporation at such sales. §128. The comptroller shall expose to public sale in the city of New York, upon such published notice as he may deem reas- onable, the printed indices prepared under the direction of the commissioners of records, pursuant to chapter four hundred and seven of the laws of eighteen hundred and fifty-five; the same shall be sold in single sets and shall be kept so exposed for sale until lie shall have sold at least two-thirds of each different set of said indices ; and said comptroller shall also, from time to time, make such further sale of said indices, at auction or 'other- wise, and for such price as he may deem expedient : and all pro- ceeds of such sales and money received by tbe comptroller under this section shall be paid into the treasury. § 129. The lots in the Ninth ward bounded on the north by Bloomfield street, on the south by Gansevoort street, on the east by West street and Tenth avenue, and on the west by Thir- teenth avenue, and the block of ground in said city bounded by Gansevoort, Little West Twelfth, Washington and West streets, and Tenth avenue, hereby declared to be a public market place, shall be kept for the exclusive use of farmers and market gar- deners, and the finance department shall have the exclusive charge and control of said public market place, and the wagons engaged in the business of selling farm and garden produce in said city, and shall have power to make suitable regulations concerning fees, the hours during which the" business of selling said produce shall be conducted, and the general management of the same. i> 130. The comptroller shall pay, on the certificate of the com- missioner of public works, the cost and expense of the removal of the reservoir situated in Fifth avenue,between Fortieth and Forty- second streets,and of tbe removal of the pipes connecting with said reservoir, of the laying of a main in Fifth avenue, between For- tieth and Forty-second streets to connect the mains leading in and out of said reservoir, and of the grading in a suitable man- ner for the purpose of a park of the ground occupied by said reservoir to the level of the adjacent streets. § 131. The sureties upon all contracts made by the commis- sioner of street cleaning as authorized by section seven hundred and nine of this act shall be approved by the comptroller. Title 2. — The Bonds and Obligations of the City. g,comp.ioU * 1 ' £ 132. All stock of the city of New York hereafter issued in creTtea'pubnc pursuance of laws already passed, or which may be hereafter Iee d i873.ch. ?56, passed, authorizing the issue of stock or bonds of the city of New p, §145, post. York, shall, unless such laws passed after April sixth, eighteen stock. Korin of stock. BONDS ISSl'KI) \i\ CITY. 17 hundred and Beventy-one shall otherwise provide, bo known as "consolidated stock of the city of New York," and bo issued under the authority of this and the following sections, as well as under the authority of said laws. Any holder of any of 1 1 it • ,,. city stock or bonds of the said city of New York issued previous bed. nut '""' to April sixth, eighteen hundred and seventy-one, may exchange the same for the consolidated city stock herein authorized to be issued, upon such terms and conditions as shall be determined and offered by the comptroller. § 133. Tho faith and credit of the mayor, aldermen and com- KlJfofoJty monalty of the city of New York .shall be and is hereby pledged J^mpu'on of for trie redemption and payment of the said consolidated city stock and the interest thereon, which consolidated city stock so issued shall bear on its face a reference to the act by which its issue is authorized. The said consolidated city stock shall be in form as may be designated by the said comptroller, and shall be ""j!.,' l " > ' v " x " signed by the said comptroller and the mayor of the city of New York, and sealed with the common seal of the said city of New York, and attested by the clerk of the board of aldermen of said city. § 134. The consolidated city stock so authorized to be issued <-ouii>'"i»i shall be registered or coupon stock in sums not less than five re^te'redor hundred dollars each share, except as in the next section pro- co,,prm stock vided, conditioned to be paid in gold coin or in the legal currency of the United States, at the option of the said comptroller, and shall be made redeemable at a period not less than twenty years, nor more than fifty years from the' date thereof; said stock shall bear an interest not exceeding six per cent, per annum. Such interest shall be made payable quarterly or semi-annually in the city of New York or any other place to be fixed by the said comptroller at the time of the issue of said stock. § 135. The coupon consolidated county stock may be con- eJmp. h m verted into registered stock at any time, at the option of the ^at?dcoum S v 1 holder of the coupon stock, and the said comptroller is hereby converted authorized to issue registered stock therefor, in manner and form ^fctered as hereinbefore provided. And such registered stock shall be tmuSerabie. transferable at the option of the lvolder at any time, under such rules and regulations as the said comptroller shall prescribe. 1 o f J »> 4N WHEN STOCK TO BE CREATED. Denominations § 13G. Whenever it shall be lawful to issue any bonds of the in exchange. ' city and county of Now York in exchange for any bonds issued 1879 cb 17H ffj 2,comp.iffl! ' pursuant to law prior to April sixteenth, eighteen hundred and seventy-nine, the same shall be issued in denominations of twenty dollars, fifty dollars, one hundred dollars and five hun- dred dollars and upwards, each. Without pecuniary disadvan- tage to the said city and county of New York, preference shall, appUcan te *° as ^ ar as practicable, be given to applicants for the smallest amounts and smallest denominations of said bonds in issuing the same. ihho, eh. $1. js 137. The commissioners of the "sinking fund of the city of idinmissi th New Ynrk for the redemption of tlie citv meet and paw when thev become due and navable, ' h '""'- 1 • * J * - . ' to imy bondi any bonds issued by the mayor, aldermen and commonalty of fniW'i"- the city of New York, for expenditures incurred on public im- provements, payable in whole or in pari from assessments, then it shall bo lawful for the comptroller, and he is hereby author- ized to issue consolidated stock for an amount sufficient to pay, and, from the proceeds thereof, to pay the bonds BO falling due as aforesaid. 8 150. The corporation of the city of New York is herebv i*vs..-i, .-.;•...„. - of J v UOmp. 583. authorized to borrow, on the credit of the corporation, from coloration to . . . , , , .ii-i borrow to meet tune to tune, such amounts as may he required to meet the de- .i--ii.-i.-n. i.- fit iencies caused by delay in collecting; arrears of assessments ; the aggregate amount so borrowed not to exceed at any time the aggregate amount of said arrears then outstanding. 151. For the purpose of completing the bridge now in isao, ch. m, \\. course of construction between the cities of New York and York°topoy to Brooklyn, acquiring the land necessary therefor, and fitting and briSgelrM.ooo equipping the same with the requisite structures and machinery for travel and transportation thereon, as the trustees of the said bridge may determine, the city of New York shall pay to the trustees of the New York and Brooklyn bridge such sum as. added to the amount paid to said trustees since April seven, eighteen hundred and eighty, will make the sum of seven hun- dred and fiftv thousand dollars, or so much of said sum as the said trustees shall from time to time require, and call upon the said city to pay, by request made by the said trustees, upon the . mayor and comptroller of said city but the city of New York shall not at any time be called upon or required to pay more than one-half of the amount which the city of Brooklyn is at the same time called upon and required to pay ; and it shall be the duty of the said comptroller, and he is authorized to borrow comptroller to •* r borrow money. from time to time, as shall be requisite upon the faith and credit, and in the name of the mayor, aldermen, and commonalty of the city of New York, the moneys necessary to pay to the said trus- tees the sum aforesaid, and to pay the interest to accrue until the said bridge shall be completed and ready for public travel, dn the bonds to bo issued therefor ; and also the interest to accrue from and after the first day of January, eighteen hundred and eighty, until the said bridge shall be completed and ready for public travel as aforesaid, on the bonds issued by the said city under the provisions of chapter three hundred of the laws of eighteen hundred and seventy-five, and to issue the bonds of said city, which bonds shall be signed by the mayor and comptroller Bo nUs , obe of said city, for the moneys so to be borrowed, with interest, at ml"wan d Uie a rate not exceeding that allowed by law, and payable half- comptPoUer - yearly, and which bonds shall be redeemable in such time or 54 BONDS FOB TAXES. 1881, ch. 4G1, $2, .Money to ilo work to lie raised on revenue bonds. 18V4, ch. 147, $1. Comp. 180. Revenue bonds, city comptrol- ler authorized to issue. Proceeds to be paid to State treasurer. l873.ch.335,§kV>. Comp. 96. times as said comptroller shall deem proper. And it is hereby expressly provided and declared that the money, hy this .section authorized to he raised and paid, together with the money to he paid byj the city of Brooklyn, and the proceeds of the salt s of lands acquired and held for the purposes of the bridge is intended and shall he used fully to complete, fit up, and equip the said bridge as a public highway between the said cities of New York and Brooklyn ; the said moneys being the limit of the total amount authorized to be expended to fully and finally complete, tit up, and equip the same. § 152. The comptroller is hereby authorized and directed to issue, upon the requisition of the department of public parks, in the name and on belialf of the mayor, aldermen and com- monalty, revenue bonds of the city, to an amount not exceeding twelve thousand dollars in all, with interest at the rate not ex- ceeding six per centum per annum, and the proceeds of said bonds shall be applied to payment f<5r the work, labor and ma- terials required to be done or purchased in pursuance of section six hundred and eighty-six of this act. § 153. For the purpose of enabling the city and county of Xew York to make payment of the quota of State taxes which ma> he imposed upon and chargeable to the said city and county at the same time or times that other counties of this State are or may be required to make payment by law, to wit : One- half thereof on the lifteeuth day of April, and the other half thereof on the first day of May in each and every year ; the comptroller of said city is hereby authorised and required, unless the money for the payment of the same shall have been otherwise provided, to issue revenue bonds for such amounts as may from time to time become necessary to meet such quota of the State taxes, at not less than their par value, and for such periods and at such rates of interest as the said comptroller shall determine, not ex ceeding six per centum per annum, and from the pr ceeds thereof to pay to the State treasurer the amount of taxes which the comptroller of the State shall have apportioned according to law, and which may be required to be paid, in pursuance of such apportionment, to the State by the city and county of Xew York at the times hereinbefore stated ; and the amount of said State taxes for any fiscal year, so imposed and chargeable, shall be levied, raised and collected in the then next annual levy for taxes in the said city and county of Xew York, in the same manner as other city and county taxes, and the money collected thereon shall be applied to the redemption of the revenue bonds so issued. § 151. The comptroller is authorized to borrow, from time to time, on the credit of the corporation, in anticipation of its reve- BONDS POH TAXI'S. 5.") imos, and not to exceed iii amount tho amount of such reve- nues, such sums as may he necessary to moot expenditures under the appropriations for each current year. ;j 155. The comptroller is authorized and directed to raise -i. >:. a i i ±1 Bonds. such sums of money as may be necessary to make the payments directed to he made by section one hundred and ninety-six of this act, by the issue of revenue bonds in anticipation of the taxes of the year following ill" audit therein mentioned, and the moneys so raised shall be paid for and upon the claim referred to in said section. § 156, The comptroller is authorized to issue assessment bonds w.<-u.-m. m to provide for the payment of any awards for which certificates may be fded in' accordance with the provisions of section nine hundred and twelve of this act, and to pay such awards from the proceeds of such bonds. § 157. Upon the receipt of a requisition issued and approved t88o,cta.MO [; in the manner and for the purposes and amount or amounts provided in section five hundred and eleven of this act, it shall be the duty of the comptroller to pay the same ; and for that purpose he shall borrow and raise upon a revenue bond, to be issued in the name of the mayor, aldermen and commonalty of the said city, the several amounts that from, time to time may be so required, which shall be reimbursed by the payment of the amount and interest out of the judgment or judgments obtained as in said section provided, if the same shall be collected. $> 158. Upon the receipt of a requisition issued and approved a^ffiu* K " ' in the manner and for the purposes and amount or amounts 1,1 provided in section five hundred and eleven of this act, it shall be the duty of the comptroller to pay the same ; and for that purpose he shall borrow and raise upon a revenue bond, to be issued in the name of the mayor, aldermen and commonalty of the said citv, the several amounts that from time to time mav be so required, jvhich shall be reimbursed by the payment of the amount and interest out of the judgment or judgments ob- tained as in said section provided, if the same shall be collected. §159. The comptroller is authorized and directed to issue issi.ch. ««, 53. revenue bonds to provide means to make the payments required Id by section one hundred and thirty, in anticipation of the amount to be received for tho cost and expenses therein directed. Such bonds shall bear interest at such rate as the comptroller shall deem proper, not exceeding six per cent, per annum, and shall be sold at not less than par. ;j 1G0. The comptroller is authorized and directed to raise by ism. C h. fi the issue and sale of revenue bonds the amount appropriated in 1,1 pursuance of section two hundred and five in those cases in which the appropriation is made after the final passage of the 56 THE CHAMBERLAIN. 1871, eh. 213. ?5. Id. I«8i,ch.+I8,887:j. Costs In bastardy. annual appropriation and the certification to the hoard of alder men of the amount to he raised. The amount so raised by revenue honds shall ho included in the final estimate of the next succeeding year. § 161. The comptroller is authorized and directed to raise by the issue and sale of revenue honds the money necessary to de- fray the expenses authorized by section three hundred and fifty- two. § 162. When costs are awarded upon an appeal, to the person charged as the father or mother of a bastard, they must, upon the production of a certified copy of the order awarding costs and of the taxed costs, be paid by the comptroller, and charged to the appropriation made to the commissioners of charities and correction. Ib73,ch. 335 $3-1. Comp. 109. 1880, ch. Ml. Chamber' *hi, appointme.it of, etc. 8 Abb. N. C. 92. Bond of. 1880, ch. 521, f.'. 1873,ch. 335, §34. Comp. 169. Powers and duties of Title Z.—The Chamberlain. § 163. The chamberlain shall be appointed in the same man- ner as heads of departments, 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 confirmation, and before he enters upon his office, give a bond to the people of the State of New York in the sum of five hun- dred thousand dollars, with not less than four sufficient sure- ties, to be approved by the comptroller, conditioned that he will faithfully discharge the duties of his office and all trusts im- posed 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 confirmed, and the person so appointed enters upon the performance of his duties. In case of any official misconduct or default on the part of such chamberlain, an action upon such bond may be begun and prosecuted to judgment by the attorney-general, who shall, after first paying therefrom the expenses of the litigation, cause the proceeds of such judgment to be distributed as shall be law- ful and equitable among the persons and objects injured or de- frauded by such official misconduct or default of said chamber- lain. § 161. Said chamberlain shall exhibit to the board of alder- men, at its first meeting in the month succeeding that in which he enters upon the execution of his office, an exact statement of the balance in the treasury to the credit of the city, with a sum- mary of the receipts^ and payments of the treasury during the preceding year, and since the last preceding report required by law, if more than a year shall have elapsed since such report. He shall receive ail moneys which shall, from time to time, be i nr. CHAMBERLAIN. paid into the treasury of the city. Ho sliall deposit all moneys which shall come info his hands on account of the city on the day of the receipt thereof, or on the business day next succeed- ing, in such hanks and trust companies as shall have been desig- nated as deposit hanks, in pursuance of the next section; hut no amount exceeding two million dollars shall he on deposit at any time in any one bank or trust company. The money so de- posited shall be placed to the account of the chamberlain, and he shall keep a bankbook, in which shall be entered his accounts of deposit in, and moneys drawn from, the banks and trust companies in which the deposits shall be matte. The said banks and trust companies shall, respectively, transmit to the comp- troller a weekly statement of the moneys which shall be re- ceived and paid by them on account of the city treasury. The chamberlain shall pav all warrants drawn on the treasury* by the i ,;,v "n'™"'- x J i drawn on comptroller and countersigned by the mayor, and no moneys treasury, shall bo paid out of the treasury except on the warrant of the tobe3toe4*nd comptroller so countersigned. No such warrant shall be signed eountersi f* n(yl by the comptroller, or countersigned by the mayor, except upon vouchers for the expenditure of the amount named therein, ex- amined and allowed by the auditor, approved by the comptroller, and filed in the department of finance, except in the case of judgments, in which case a transcript thereof shall be filed, nor except such warrant shall be authorized by law or ordinance, and shall refer to the law or ordinance and to the appropriation under and from which it is drawn. The chamberlain shall not Money to be drawn on draw any moneys from said banks or trust companies, unless by check*, checks subscribed by him as chamberlain and countersigned by the comptroller; and no moneys shall be paid by either of the said banks or trust companies on account of the treasury except upon such checks. The chamberlain shall exhibit his bank-book to the comptroller on the first Tuesday of every month, and oftener when required. The accounts of the city treasurer shall be annually closed on the last day of November, and shall be ex- when account-; amined in the month of December in said year .by the commis- sioners of accounts. Such commissioners shall examine the ac- counts and vouchers of all moneys received into and paid out of of - the city treasury during the year ending on tho last day of No- vember next preceding such examination, and shall certify and report to the mayor and the common council, in tho following month of January, the amount of moneys received into the treasury during such year, the amount of moneys paid out dur- ing the same period by virtue of warrants drawn on the treasury by the comptroller, the amount of moneys received by the cham- berlain who shall be in office at the time of such examination, if he entered upon the execution of his duties since the iastpi-e- to be closed. Exaniinntion TUB CHAMBERLAIN, ih;s. eh.885,$86, as a'ncnclcl 1870, Ch. 189, j1. Comp. 171. Ranks of de- posit . Interest on ile posits. Warrants and reports of moneys re- ceived. 1880, ch. B81. City chaniber- Sain, his salary. Interest, fees, etc. coding report, the balance in the treasury on the last day of No- vember preceding such examination, the amount of moneys bor- rowed for or on the credit of the city during such year, and the amount of 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 war- rants drawn by the comptroller on the treasury during the year ending on the last day of November preceding suck examina- tion, with the several laws and ordinances under which the same shall purport to have been drawn, and shall in like man- ner certify and report whether the comptroller had power to draw such warrants; and if any shall be found which in (heir opinion he had no power to draw, they shall specify the same in their report, with their reasons for such opinion. * 1G5. The said chamberlain and mayor and the comptroller shall by a majority vote, by written notice to the comptroller, designate the banks or trust companies in which all moneys of the mayor, aldermen, and commonalty of the said city and county of New York shall be deposited, and may by like notice, in writing, from time to time, change the banks or trust com- panies thus designated; but no such bank or trust company shall be designated unless its officers shall agree to pay into the city treasury interest on the daily balances at a rate to be fixed by the mayor and chamberlain, and the said comptroller of the city of New York, by a majority vote, which rate shall not be less than two and one-half per cent. 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 ap- propriations; and no warrants shall be paid on account of any appropriation after the amount authorized to be raised for that specific purpose shall have been expended. The said chamber- lain shall once, in each week report in writing to the mayor and to the comptroller all moneys received by him, the amounts of all warrants paid by him since his last report, and the amount remaining to the credit of the city and county. The chamber- lain shall receive the sum of twenty-five thousand dollars annu- ally, and no more, for all services as chamberlain of said city and as county treasurer of the county of New York, in lieu of salary and of all interest, fees, coni missions, and emoluments: and all such interest, fees, commissions, and emoluments shali be accounted for and paid over 'by him to the city treasury except that the commissions or compensation provided by law and received by him for receiving and paying over the State taxes and all interest which accrues on deposits shall be paid by him to the commissioners of the sinking fund. He may appoint THE CHAMBERLAIN, and remove at pleasure a deputy chamberlain and Mich clerks Oommtaiom * * - on stute tnxt-M. and assistants as may bo necessary, whose salaries, together I;*,",'""" '"■ with all the expenses of his office, shall be paid wholly by him. Density < and shall m no case be a public charge. § 166. The chamberlain shall on the first day of October in each year, and on the first day of each month thereafter, notify officially the comptroller of the State how much of the State tax has been collected and paid into his hands during the pre- ceding month; whereupon the comptroller shall immediately ]-.,- ,„ draw his warrant therefor, payable to the treasurer of the State. 1 mp who shall proceed to collect and deposit the same in the treasury of the State, and the chamberlain shall pay such warrant im- mediately upon its presentation and demand for payment. § Km. 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 and county of New York, or with re- spect to money, or a bond, mortgage, or other security, or pub- , ,, , ,.. ..„. lie stock, representing money paid into court ; except where " ' special provision, with respect to the same, is otherwise made by law. • ^ 10$. The chamberlain is entitled, for the services specified in this section, to the following fees: For receiving money paid into 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 gum so paid out. For investing money, pursuant to the direction of a court, one-half of one per centum upon the sum invested, not exceeding two caciv.proc. hundred dollars, and one-quarter of one per centum upon peesot cham- the excess over two hundred dollars. For receiving the interest '"' lam 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. §169. It shall be the duty of the chamberlain to pay over jsm. eh. ? . from time to time to the commissioners of emigration, out of ma- the moneys received by him as duty upon alien passengers arriving at the port of New York, all such sums of money as may he necessary for the execution of the inspection laws of the state of New York, with the execution of which the commis- sioners of emigration now are or may hereafter be charged by law, and to take the vouchers of the commissioners of emigra- tion for all such payments. And it shall be the duty of the said chamberlain to pay over annually, on the first of January in each year, to the treasury of the United States the net pro- duce of all 'such duties collected and received by him after the chamberlain to commissioners of emigration. CO COMMISSIONERS OF SINKING FUND. payments to the commissioners of emigration aforesaid, and take the receipt of the secretary of the treasury therefor. Titlk i. —Striking "Fund. I878,ch.885,|102, uk amended 1878, cb. 7o7,|17, Comp. lVi. Commissioners of sinking fund. 08 N. V.. 858; .11 How. 3*>: 7 Daly, 439. Have power to sell or lease property. 1 16U9, eh. 976, |8, Comp. ssu. Market prop- er! v. Proceeds of sale. 1878, ch. 3:0, (1, Comp. 190. Redemption sinking fund. § 170. Then; shall continue to be a hoard of commissioners of the sinking fund, composed of the mayor, recorder, chamber- lain, comptroller, and the chairman of the finance committee of the hoard of aldermen, with all the powers and duties now assigned, designated, and ratified hv existing ordinances. Tin- said hoard shall except as in this act otherwise specifically pro- vided have power to sell or lease, for the highest marketable price or rental, at public auction or by sealed bids, and always after public advertisement and appraisal under the direction of slid hoard, any city property except wharves or piers, but not for a term longer than ten years, nor for a renewal for a longer term than ten years. But if said property be market property, excepting the market between Sixteenth and Seventeenth streets, east of Avenue C, the market in Governeur 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 common council or of the department of health, or under stipulations in the deed of sale or lease. The proceeds of said sale or leasing shall, on receipt thereof, after paying necessary charges, be immediately paid to the credit of the sinking fund. It shall be lawful for the commissioners of the sinking fund in their discretion, and they are hereby em- powered in such discretion to cancel any portion of the indebted- ness of the said city held by them, which is by law redeemable from the sinking fund, and to sell any stocks and bonds which they may hold that are not payable from said fund, and with the proceeds of such sale of stocks and bonds to buy any other stocks and bonds which are payable from said fund. § 171. The fund known as " the sinking fund of the city of New York for the redemption of the city debt," shall be con- tinued, and any excess there may be in said fund, after provid- ing for the payment of the bonds and stocks of said city, payable therefrom, as provided by law. shall form a fund for the pay- ment of other bonds and stocks of said city and county, as by this chapter provided. All moneys and revenues of said city heretofore pledged and appropriated to and constituting and forming said sinking fund shall continue to be and the same are hereby pledged and appropriated to said fund until all of said COMMISSIONERS OF SINKING BUND. ill bonds ami stocks of the said city shall be fully and dually re- deemed. *^ 17-_\ The fund known as the " sinking fund of the eitv of J'^T^Hi^H - f >■'•>» * * ass.'ssnieiits fiii- made and confirmed for local improvements in said city, and all tocai improve- r * ' merits to be monevs which shall hereafter be collected and received in pav- i ,aid int0 *r j i j ueropnon fund. ment or on account of assessments made and confirmed, or which may be made and confirmed, for local improvements com- pleted 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 appropriated to said sinkiug fund for the payment bf the bonds and stocks of said city, to be paid and redeemed therefrom as hereinbefore provided. § 174. Between the city and its creditors, holders of its bonds u.n. and stocks as aforesaid, there shall be and there is'hereby de- clared to be a contract that the funds and revenues of the city andcraiiton and the funds to be collected from assessments as aforesaid, by this chapter pledged to the sinking fund for the redemption of the city debt, shall be accumulated and applied only to the pur- poses of said sinking fund, until all of said debt is fully re- deemed and paid, as herein provided. § 175. Nothing in this title contained shall be held to require id. §5. or authorize the commissioners of the sinking fund to use or not k tobe funcl apply any part or portion of the accumulations in said sinking a m p^i lor 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 said city, for which said fund is now pledged by law, and which are a charge on laid fund, shall be alienated or impaired, and the said bonds and stocks so secured by law are hereby declared to constitute a preferred charge on said sinking fund until the same are fully and finally paid and redeemed. § 170. The commissioners of the sinking fund are hereby au- id. $e. Comp. 191. Contract 62 COMMISSIONERS OF SINKING KI ND. Commissioner! may call In bonded debt. ( onsolidiitrd stock. is*, cfi. 383, J7. t'omp. 191. Bonds ami stocks to be paid from sink rag fund. 1880. ch. 0.M1. ill. m-i, ch. m, §3, Comp. 189. Mayor, alder- men and com- monalty pro- hibited from altering rates. thorized and empowered to call in, pay, and rerleem any portion of the bonded debt now a charge upon the treasury of the said city, other than revenue honds issued in anticipation of the collection of taxes, when they may deem it to be advantageous for the interests of the city so to do, and for this purpose the said commissioners of the sinking f und are hereby empowered to authorize by a concurrent vote, and direct the com pi roller t<> issue and sell or exchange therefor, at not less than par, "con- solidated stock"' of said city, payable within a period of not less than twenty nor more than fifty years froth the date of issue thereof, and at a rate of interest not exceeding five per cent, per annum, payable semi-annually; and upon the payment and re- demption of any portion of said bonded debt the certificates thereof shall be canceled by said commissioners. The "consol- idated stock'' of said city, issued as by this section authorized. after 1 fully providing for the preferred bonds and stocks of said city, as in the preceding section specified, shall form a charge upon the said sinking fund for the redemption of the city debt, and any part of said bonded debt falling due not exchanged for or redeemed from the proceeds of consolidated stock as herein provided, may be paid from said sinking fund for the redemp- tion of the city debt, provided such payment shall not in any way impair the preferred claims thereon as in the preceding sec- tion specified, and provided also, the commissioners of the sink ing fund shall deem it to be for the best interests of the city that such payment should be so made. § 177. From the said sinking fund for the redemption of the city debt shall be paid and redeemed all preferred bonds and stocks of said city for the payment or redemption of which said fund is pledged, as aforesaid, and other bonds and stocks of said city as by this title authorized. § 178. The assessments made for local improvements prior to the ninth day of June, eighteen hundred and eighty, including assessments for improvements contracted for or authorized prior to said date, shall, when collected, be paid over to the commis- sioners of the sinking fund of said city, and applied by them in accordance with law. § 179. It shall not be lawful for the said mayor, aldermen, and commonalty to make or cause to be made any alteration of rates < r charges affecting any item or source of the revenues of either 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 cor- poration not by law otherwise specifically appropriated, shall, when received into the city treasury, be credited to the general fund. COM MISSION' Kits Ol' SISKINS I TNI). 68 • 1^0. The commissioners of tin; sinking fund possess the igBo, ci US'. 2- power, and they are authorized to Lease, in the manner provided <■ ■,,,. ,..,„ ,> by law, along with the franchise of a ferry within said city, such rnvtaw und wharf property, including wharves, piers, bulkheads, and struc- erty.eto! hires thereon, and slips, docks, and water fronts adjacent there- p£rt^f*Srt '" to, used or required for the purposes of such ferry, now owned !,\V'\uV' or possessed, or which may be hereafter owned or acquired by said city, or to which the corporation of said c^ty is or may be- come entitled, or which it may become possessed. Nothing in this section contained shall be held to apply to that portion of the East river which has, hy law, been exclusively set apart for the use of canal boats engaged in the transportation of freights in the Hudson river, coming to tide- water from the canals of the State. j> 181. All applications to lease any real estate for the pur- ifflfr, eh. wi, poses of the mayor, aldermen, and commonalty of the city of isto, ch.80, New York, including the premises required in accordance with ia»! mp ' law for armories and drill rooms and places of deposit for the ^i!!.'^,' safe-keeping of arms, uniforms, equipments, accoutrements, and \\\ ' !.?,pV-','!i "!''.!!' camp equipage of the National Guard, must he presented to and ~" lk "'" passed upon by the commissioners of the sinking fund of said pn.s^ 1 !t''s"at r .. t '' City. It shall be the duty of the comptroller, after due inquiry " f tactB to be made by him, to present to the said commissioners a state- ment in writing of the facts relating to any real estate proposed to be leased, the purposes for which such lease is required by the city, with his opinion, and the reasons therefor, as to the fair and reasonable rent of said premises. The said commis- Commissioners . . may authorize sioHers, upon such report, and upon such further inquiry as they aiease in their discretion may make, may authorize a lease of such premises as shall he specified in their resolution, at the rent therein set forth, for a period not exceeding five years, but such lease shall not he authorized except at a fair and reasonable rent, and unless the commissioners are satisfied and shall so express that it would be for the interests of the city that a lease of the premises for the purposes specified should he made. Without the consent of the said commissioners the premises leased shall not he used during the period of the lease for purposes other than specified in said resolution. If the city shall, prior to the mak- ing of the lease, have entered upon the possession of the prop- erty, the lease may be made to commence as of the date when the occupation commenced. § 1S2. The commissioners of the sinking fund are authorized i8G6.ch.B7q. and directed to renew, from year to year, the lease of the prem- ises at Castle Garden, now occupied by the commissioners of emigration, upon such terms and conditions as maybe mutually agreed upon. !i, Comp. 1079, COMMISSIONERS OF SINKING KL'M). ( losslon of (n ii< In by city of New York au- thorized, wo, ch. 845, {4, Comp. itM. Certificate. Conveyance. ran, ch. ■>'< i. s<; Comp. 780. eh. 88, SI, Comp. Hi i. Commissioners ipf sinking funds may sell certain lands. Certificate of sale. ,i 1*;;. The commissioners of the sinking fund, or the mayor, aldermen, and commonalty, arc authorized to cede, grant, and convey to the United States, upon such terms, and for such con- sideration as may he agreed upon by and between said commis- sioners of the sinking fund, or said mayor, aldermen, and com- monalty, and the United States, all the estato, right, title, and interest of the city of New York, in and to any part of the land required for the channel to connect the waters of the Harlem river with the Hudson Liver, in -accordance with the plans for the improvement of the Harlem river, prepared under the direc- tion of the secretary of war. Whenever any part of said land shall have heen ceded by said commissioners of the sinking fund, pursuant to the authority herehy given, it shall he the duty of said commissioners of the sinking fund, or a majority of them, to give a certificate under their hands, that the same" has heen ceded, pursuant to the provisions of this section : and upon the production of such certificate, and upon proof of due compli- ance, on the part of the United States, with the terms of cession, it shall he the duty of the mayor of said city, and the clerk of the common council, in the name and on behalf of the said mayor, aldermen, and commonalty, to execute a proper conveyance of such lands under their hands and the seal of said city. § 184. The commissioners of the sinking fund shall perforin the duties and possess the powers with reference to docks, piers, and slips, stated in sections seven hundred and twelve and seven hundred and tifteen of this act. § 185. The commissioners of the sinking fund are authorized to sell to the United States, upon such terms, and for such ' - ,; to lease to the German Hospital and Dispensary of the city of German New York, for a term not exceeding ninety-nine years from the Hosp,taI date of said lease, the land situate on the southeasterly corner of Seventy seventh street and Fourth avenue, which was on the thirteenth day of May, eighteen hundred and eighty-one, held by said hospital by a lease from the mayor, aldermen and com- monalty of the city of New York, upon the same terms on BOARD OF ESTIMATE AND Al'l'OKTlONMENT. which said lands were then leased, hut such lease shall continue only so long as the same shall be used for the purposes of a hospital and dispensary, and for no other purpose. l878,ch.88SilJ8, Comp. 172. Board of esti- mate ami apportionment !7 N. Y. 548. 10 Hun. 3-iO. Provisional estimate. Provisional estimate, what to contain. (Estimates in detail. Heads Of de- partments to furnish state- ment. Title 5. ^Appropriations (mil the Hoard of hist hunt*' und . I pportionment. $ 1 89. The mayor, comptroller, president of the hoard ol alder- men, and the president of the department of taxes and assess- ments, shall constitute the hoard of estimate and apportionment. The first meeting of said hoard in every year shall he 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 August and the first day of November, meet, and, by the affirmative vote of all the mem- bers, make a provisional estimate of the amounts required to pay the expenses of conducting the public business of the city and county of New York, in each department and branch thereof, and of the board of education for the then next ensuing financial year. In such provisional estimate they shall include such sum as may be necessary for the payment of the interest on the bonds of the said city and county which shall become due and payable within said year, and such sum as shall be necessary to pay tho principal of any bonds and stocks which may become due and payable from taxes during said year, and also so much as may be necessary to pay the proportion of the State tax required to be paid by the city and county of New York in said year. Such provisional estimate shall be prepared in such detail as to the ag- gregate sum allowed to each department and bureau as the said board of apportionment shall deem advisable. For the purpose of making said provisional estimate, the heads of departments and the board -of education shall, at least thirty days before the said provisional estimate is required to be made as herein pro- vided, send to the board of estimate and apportionment an esti- mate in writing, herein called a departmental estimate, of the amount of expenditure, specifying in detail the objects thereof s required in their respective departments, including a statement of each of the salaries of their officers, clerks, employees, and subordinates. The same statement *as to salaries and expendi- ture shall be made by all other officers, persons, and boards hav- ing power to fix or authorize them. A duplicate of these depart- mental estimates and statements shall be made at the same time to the board of aldermen. The board of estimate and apportion UTKOl'HIATIONS. f>7 ment shall consider such departmental estimates and other statu ments in making the provisional estimates herein provided, and in approving the salaries of the officers, clerks, and other persons before named. After such provisional estimate is made by the Duplicate e«t! hoard of estimate and apportionment, it shall be submitted by t'oJmiY.'.r said board, with their reasons for it in detail, within ten days, to ! he hoard of aldermen, whereupon a special meeting of said hoard shall be called to consider such estimate, and the same shall simultaneously he published in the City Record; and it shall he their duty carefully to consider and investigate the said provi- sional estimate and the reasons assigned therefor; but such con- sideration and investigation shall not continue beyond fifteen davs. Anv objections to or rectifications of said provisional ( ,""»-, J J » 1 may be made. estimate made by said hoard of aldermen shall be made by said board in writing, and transmitted by the clerk thereof to the board of estimate and apportionment, who shall proceed to the consideration of such objections or rectifications, and after such consideration shall make a final estimate. Should the said board overrule the objections or suggestions made by the board of aldermen, the reasons for such action shall be published in the City Record. After the provisional estimate has been returned i88o,cu.5ai,{5. by the board of aldermen to the board of estimate and apportion- iTe^arabef ( "r.- ment, and before the final estimate is made, the said last-men- ^^ ( f 8tim * teia tioned board shall fix such sufficient time or times as may be necessary to allow the taxpayers of said city to be heard in regard thereto, and the said board shall attend at the time or times so appointed for such hearing. After the final estimate is made in isn.oh. ass, accordance herewith, it shall be signed by the members, and ^3^°™^^' when so signed the said several sums shall be and become appro- n „d fluT" 1 priated to the several purposes and departments therein named. The said estimate shall be filed in the office of the comptroller and published in the City Record. § 190. It shall be the duty of the board of estimate and appor- Replaces uume- tionment, from time to time, to provide for the payment of the acts S authori7.- interest and principal of the bonds and other obligations of the bonds, and city, or for which the city is liable, and also to provide for the provisions as to payment to the commissioners of the sinking fund of any sums directed by special laws to be paid to said commissioners on ac- count of such bonds or obligations and in anticipation of their maturity, and to provide for the raising of the money therefor, in accordance with such special laws and the laws under which such bonds and obligations were issued or created. 5j 191. Whenever and as often as the commissioners of the i 8r8 _ ch -m . T sinking fund shall certify to the hoard of estimate and appor- Comp - I9a tionment that the accumulations in the sinking fund will not be sufficient to meet the payment of any bonds or stocks falling due 68 IPPROPBIATIOKS. I'roi Ibo. in the next following calendar year, it shall he the duty of said hoard of estimate and apportionment, and it is hereby required, to include in the annual estimate for such year, to be raised by tax on the estates, real and personal, in said city, subject to tax- ation, such an amount to be applied to the payment of said bonds or stocks as shall be certified by said commissioners, and the amount so included in said estimate shall be paid into said sinking fund and applied as in this section specified : provided, however, that the amount so to be raised by tax and paid into the sinking fund, as in this section provided, shall not in any one year be less than the sum of one million dollars, nor more than two million dollars. 1,1 « 8 £ 192. For the payment of all bonds and stocks of the said mentof°tito3oB city issued after June third, eighteen hundred and seventy-eight, after issu.-d. pursuant to the provisions of any statute authorizing the same, how rais<- and which by the provisions ot such statute are payable from taxation— other than revenue bonds issued in anticipation of the collection of taxes — there shall be included in the annual estimate each year, to be raised by tax on the estates, real and personal, in said city, >ubject to taxation, a sum sufficient, with the accumulation of interest thereon, to meet and dis- charge the amount of said bonds or stocks by the tiiue the same shall be payable as such sum shall be be certified to the said hoard of estimate and apportionment by the comptroller, and which sum so raised by tax shall be paid annually, on the first day of November, to the commissioners of the sinking fund, and shall be invested by them in the same manner as the revenues pledged to the sinking fund for the redemption of the city debt. ism, «*: G5*. § 19S. If a nna l judgment for a sum of money, or directing lmiy of board the payment of money, shall have been, or shall hereafter be apDortiommm? recovered against said city, and the same remains, or shall here- to j>ay final after remain unpaid, and the execution thereof is not, or shall not be stayed as required by lav,-, or if so stayed, the stay has expired, or shall hereafter expire, it shall be the duty of the board of estimate and apportionment, and the said board is here- by empowered to assess, levy, and cause to be collected at the same time and in like manner as other moneys for the necessary Levy to be in expenses of the city are then next thereafter to be assessed, amount author- levied, and collected, and in addition to the moneys now author- 1 ' ized by law to be assessed, levied, and collected for that purpose, a sum of money sufficient to pay the said judg- ment, with the interest thereupon, and the fees and ex- penses chargeable by law upon the execution, if any, issued to collect the same. The moneys so assessed and levied as soon as collected and paid to the . proper receiving and dis ANNUAL IPPR< H'K'I A TlONs. 69 bursing officer'or officers, or so much thereof as may he lieces- #on»tpi» sary, shall, from time to time, be paid by him or them to the men t creditor judgment creditor, administrator, or assignee, or other person entitled to 'receive the same by reason of the said judgment, without any deduction for his or their Ices or commissions. No restriction or limitation imposed bv law as to the sum to be Limitation us t<. * ^ aiiuniiit shall raised in any year shall apply to the moneys to be raised for the »<>tappi> to J J <> moneys to Im' purposes specified in this section ; but the said moneys shall be J'j'j^J.^ 6 * raised in addition to any sum so restricted or limited. l'.H. The board of estimate and apportionment shall annu- ally include in its final estimate the following sums, which shall annually be raised and appropriated : First — Such sum, not exceeding five hundred thousand dol- comjMsi!* 11 lars in any year, as shall be included in the estimate of the de- partment of public works to be expended in repaving such streets, avenues and public places in said city as shall be certi- fied to the board of aldermen by the commissioner of public works as required to be repaved for the safety, health, or con- venience of the public, and as said board of aldermen shall by ordinance or resolution direct. ■Second — Such .sum, not exceeding two hundred and fifty ins, cih an, is, thousand dollars, as said board may deem necessary in the inter- est of the city, to he expended by the commissioner of public works, when thereto authorized by the common council, accord- ing to law, in extending and enlarging the distribution of water through the city. Third — AM necessary sum or sums of money for the purpose isr.'», ch. asp, $s, .1 ■ i U - A* Comp. 1463. ot paying the expense incurred by any coroner, in accordance with law, in employing scientific experts, engineers, and toxi- eologists. Fourth — The amount fixed by said board for clerk hire and ins, «*. aw. is. contingent and incidental expenses of the office of the com- missioner of jurors, but not exceeding six thousand dollars per annum. Fifth. —The sum of fifteen thousand dollars to be paid to the <-h •->:. > . _ . r % it Comp. 1207. trustees of the Seventh Regiment new armory fund, or their to trustees of successors, as an equivalent and in lieu of a rental for an armory mem in lieu of , . , . u J rental, etc. for said regiment, and to be paid m semi-annual sums of seventy- now applied, five hundred dollars each, which shall be used by them in pay- ^SSonaSS ing the interest or principal of the bonds issued by said regiment c£££ en,st0 under chapter fifty-seven of the laws of eighteen hundred and seventy-nine. Provided, however, that the said appropriation and payments shall cease when all the bonds issued by the regi- ment for completing and furnishing its new armory have been fully paid, or by conformity with said act would have been paid; ANNUAL APPROPRIATIONS. 1873, cb. 429. 55, Comp. 1200, 1203, 1870,oh. 80. $120, ns amended. 1875,cli. 2-23. $34 Comp. 1203. 1809, ch. 595, 52 Comp. 5J7. 1875, eli. 404, $2, Comp. 305. 1879, ch. 504. 54. Tenement house fuml. See soot*. 1872, ch. 075. $91, Comp. 681. Election expenses. IV,:,. eh. 575, 62: 1875, eh. 414. $1. Comp. 127-1. 1880, ch. 588, 58. Night medical service. 1880, ch. 168, $1 Bridges over Bronx river. 1880. eh. 579. 51. 1875, ch. 004, §4, Comp. 1599. 1880. ch. 403, §4. 1880. ch. 392, 51. 1874, ch. 6.50. SSI, 2, Comp. 1206. and such annual appropriations shall not in any event he made for a period heyond fifteen years. Sixth. — The sum or sums authorized to be expended in ac- cordance with law for the purchasing and leasing of lands and the erection or leasing of buildings for armories and drill-rooms. Seventh. — The amount necessary for the maintenance of the meteorological and astronomical observatory, museum of natu- ral history and gallery of art, and the buildings, instruments, and equipments thereof in the Central park, not exceeding, bow- ever, thirty thousand dollars. Eighth. — Such sum, not exceeding twenty thousand dollars, as is included in the departmental estimates submitted to it by the department of public charities and correction, to be applied to the relief of poor adult blind persons. Ninth. — The sum of ten thousand dollars to the credit of the health department, to be known as the tenement house fund, to be expended by the board of health. Tenth. — Such sum as is necessary to pay the expenses of the registration and revision of registration required by law, and of all elections held in said city during the year. Eleventh. — Such sum as may be necessary to pay the compen- sation payable according to law to justices of the supreme court from judicial districts other than the first judicial district, who hold court in the city. Twelfth. — The amount necessary for the suppoit of the night medical service; but in no case shall the sum so appropriated exceed three thousand dollars for any* one year. Thirteenth. — To pay- the proportion of expense chargeable to the city for the building, maintenance, and repair of the public- bridges over the Bronx river, between the city and county of New York and the county -of Westchester, which are now built, or which may hereafter be built. Fourteenth. — The amount necessary to pay the expense of procuring and preparing surveys and maps for commissioners of estimate and assessment, appointed in any proceeding to op?n any street, avenue, or public park or place. Fifteenth. — The sum apportioned to said city for its propor- tion of the salary of the shore inspector, so called, and of the expenses incurred by him in pursuance of law. Sixteenth. — The sum necessary to pay the salaries of the janitors of the district courts. Seventeenth. — Such sum as is necessary for defraying the ex- penses incurred by virtue of sections ten hundred and ninety- three, ten hundred and ninety-four and ten hundred and ninety- five of this act. \ N N I ' A I . UTIMM'IMATIONS. Eighteenth. Such sum as maybe necessary to pay the ex- j«i,oh.7w,i«. a J 1880, ch. 887, ft penses of the police courts and the hoard of police justices in- curred in accordance with law. and the salaries of the clerks, in- ]™'-~>- terpreters and stenographers of the court of general sessions, " Daily Regu . . , . . , -iii t** r " ni "' appointed in accordance with law. library, Nineteenth. —-Such sum as may he necessary to provide for com^jaer the coni})ilation and publication of the registry of voters. ttoueecourta, Twentieth. Such sum as may he required hy the trustees of wo. eh. \w. y : - Coin]). 13!W. t he College of the Citv of New York, pursuant to section ten ]:'•'•■ ,n «"••'• D - ' 1 Comp. l.i'M. hundred and fiftv-nine. i 86 !' ch -$3 ,2 ' J as amended Turn t y -first. — The sums necessary to make the following de- ommtm^-^ scribed payments, namely: 1. To the American Female Guardian Society, for the main- iVmnil,!!!''' tenance of each girl under the age of fourteen, and each hoy s '"' i,,,v under the age of ten years, committed to such society by any magistrate in the city of New York, the sum of two dollars per week for each and every week until such child is discharged or removed from the institution of such society. 2. To the American Female Guardian Society twenty-five J*; m ^'j-^ thousand dollars, to he applied to the support of the industrial schools and other charitable work of the said society. 3. To the New York Society for the Relief of the Ruptured im, ch. 885, |i, and Crippled, the sum of one hundred and fifty dollars for the sum 'to i>e paid support of every crippled child received and retained in their eachcbMn hospital, for one year, and a proportionate sum for a shorter pitai °* period. 4. To the New York Infirmary for Women and Children, <-h - J }- v- J ' Comp. 1813. t wenty-five dollars for each homeless or needy mother who has re- Homeless ami ceived care and attendance in the lying-in wards of the New York compensation. Infirmary for Women and Children, for such care and obstetric attendance; and the further sum of eighteen dollars per month, and proportionately for any fraction of a month, for each mother thus domiciled and attended at the birth of her child, and for each homeless or needy mother with a nursing infant Id. for those who resides at said infirmary at the request of or by permission «wn Santa of its officers, and wet-nurses her own infant, provided such residence shall exceed the period of two months, but the said Monthly aiiow- ^ ' ance of $IS not monthlv allowance of eighteen dollars shall not be paid for a to continue for » ° 1 more than one longer period than for one year, for any mother so remaining vear continuously. .">. To the Children's Fold, of the city of New York, the sum 1874, ch. jot js' ' Comp. 1780. of two dollars per week for each and every orphan, half-orphan and destitute child received and supported by said institution, the expense of whose support is not paid by private parties. »i. To the Union Home and School for the Education and M70,ch. m, |i, Maintenance of the Children of Volunteers, the sum of one 72 ANNUAL Al'I'KOI'MATIONS. 1873, ch. 113, C'omp. 178!». Union Home and school. 1870, ch. 169, |8, (c,lri|i 1780. 18(55, ch. 70, SI. Comp, 1782. ( 'hlMivn's Aid Society . 18*37, Ch. 103, §1, Comp. 1782. 1871, cli. 180, til. Comp. 1783. 1871, ch. 844. SI, Com]). 177'.!. Foundling Asy- lum. 1877, ch. 43, $2, Com]). 1780. Compensation [or maintaining needy women, etc. See 1872, ch. 035, §13. 1800, ch. 860, SI. as amended 1874. oh. 848, Si. Comp. 1774. Nursery and Child's Hospi tal. 1863, ch. 106,§22, as amended 1876, ch. 213, and 1877, ch. 90, SI, Comp. 17^2. Infant Asylum hundred and fifty dollars per annum, and in like proportion for any fraction of a year, for each and every destitute child re- ceived from said city which may be supported and maintained by said institution. 7. To the New York Institution for the Blind, fifty dollars for each State pupil sent to and received in the said institution from said city, whose parents or guardians shall, in the opinion of the superintendent of public instruction, be unable to furnish them with suitable clothing, to be by it applied to furnishing such pupils with suitable clothing while in said institution. 8. To the Children's Aid Society, the sum of ten thousand dollars for the uses and purposes of said society. And also the sum of thirty thousand dollars to be applied to the care and education in the industrial schools of said city, of destitute children not attending the common schools in the city of New York. And also the sum of thirty thousand dollars to be applied to the support of the Boys' and Girls' Lodging-houses of the said Society. 9. To the Foundling Asylum of the Sisters of Charity, at the rate of thirty-eight cents per day for each and every foundling or infant received and maintained by them. And also for each and every homeless and needy mother with a nursing infant, who shall reside at the asylum by request of its officers, and nurse her own infant, the sum of eighteen dollars per month. 10. To the Nursery and Child's Hospital the sum of five dol- lars per week for every destitute woman admitted into its lying- in wards, according to the time of the said woman's continuing under the care of the said institution, and the further sum of ten dollars per month for each and every child born in the insti- tution or supported and maintained by said institution, when- ever it may be necessary or expedient to place said child in the country, or, for want of room in the institution, 'to find accommo- dation for it elsewhere; and also the sum of ten dollars per month for all children received and retained in the Nursery and Child's Hospital in the city of New York, and in like proportion for any fraction of a year for each and eveiy destitute child which may be supported and maintained in "said institution. 11. To the New York Infant Asylum a sum of money at the rate of thirty-eight cents per day, in monthly payments, for each and every child received and maintained by said asylum ; a further sum of twenty-five dollars for each homeless or needy mother who receives care and attendance in the lying- in wards of the asylum ; the further sum of eighteen dollars per month, and proportionately for any fraction ANNUAL APPROPRIATIONS. — o I •» of a month, for oacli homeless or need\ mother who HomeieM and ' ^ . IK-t'dv Illotlll-IH. is domiciled in the asvlum and attended at the hirth of i-rovfaioafor J _ % iniiinti'imnri' her child, and resides at the asylum by the request of its ofli- cers, and wet-nurses her own infant; and for each other home- less or needy mother "with a nursing infant who resides at the asylum by the request of its officers and wet-nurses her own in- fant; provided, however, that in each case such residence must exceed the period of two months, and that said monthly allow- ance shall not be paid for a longer period than for one year for any mother so remaining. 1 2. To the Shepherd's Fold of the Protestant Episcopal Church isn, ch. «a i in the State of New York', the sum of five thousand dollars, to shipherd'8 be applied to the purposes and objects of said corporation. 13. To the New York Catholic Protectory, yearly, the sum of < C'. : ,', : ;p ll iroi r ' s '" one hundred and ten dollars per capita, on the average number ( 1 ^', i ,',i 1 < 1 • of persons annually maintained in its institution; the average »■'••"<•< ■"» •> number of persons thus maintained shall be ascertained by the examination and testimony, under oath, of the president or sec- retary of said society. 14. To the Hebrew Benevolent Society of the city of New la^ph.sxe.frt, York, one hundred and ten dollars per annum, and proportion- ately for any fraction of a year, for each orphan, half-orphan, Hebrew so- ciety and indigent child committed or intrusted to its care in pursu- ance of the provisions of law. 15. To the New York Juvenile Asylum, one hundred and i85i.cn. 882, $28 ten dollars per annum, and proportionately for any fraction of a i^.ch.Vsi year, for each child which, by virtue and in pursuance of the uwuh-s*}, $9 provisions of chapter three hundred and thirty-two of the laws of juvenile Asy- eighteen hundred and fifty-one, as amended by laws of eighteen hundred and fifty-eight, chapter forty-three, laws of eighteen bundled and sixty-three, chapter ninety-four, and laws of eighteen hundred and sixty-six, chapter two hundred and forty- five, shall be intrusted or committed to the said asylum, and shall be supported and instructed therein. lti. To the Roman Catholic House of the Good Shepherd, i867,ch.409, si, monthly payments at the rate of one hundred and ten dollars |[,'''^„ f < ; ',„, ,, per annum for each female between the ages of fourteen and She P herd twenty-one, committed to it by any magistrate in accordance with chapter four hundred and nine of the laws of eighteen hun- dred and sixty-seven. 17. To the Magdalen Female Benevolent Asylum and Home iser, ch. «», |i, for Fallen Women, monthly payments at the rate of one hundred mp 1111 and ten dollars per annum for each female between the ages of ium. * " As> fourteen and twenty-one years, committed to it by any magis- trate in accordance with said last-mentioned law. n VN.VCAI. AIM'HOI'KIATIONS. I80T, ch. 4011, SI. Domp. mi. House of Mercy. 1880, Oh. 5I>7, $1. House of In- dustry 1H80, Ob. 598, $3., Association for i Ihildren. 1ST."), eh. 981, H < lomp. ITU. i ch.22lj|l, '.!, Comp. 1T5. Annunl aid and support of the poor. Payment to charitable institutions Appropriations to charitable institutions. Payment per capita 1880. ch. 58V, SSL 3. Board of esti- mate to audit charges against city for cost, etc. 18. To the P rote stunt Episcopal House of Mercy, monthly payments at the rate of one hundred and ten dollars per annum for each female between the ages of fourteen and twenty-one years, committed to it hy any magistrate in accordance with said last-mentioned law. lit. To the Five Points House of Industry the sum of fifty- two dollars per year for each and every orphan, half -orphan, and destitute child, not exceeding two hundred children in any one year, received and supported by said institution for each year, the expense of whose support is not paid by private parties, and in the same proportion for the part of a vear. 20. To the Association for Befriending Children and Young Girls, a per capita allowance of one dollar a week for each female hy it rescued, supported, instructed, and trained to useful em- ployment. 21. Such other sum or sums as are, or may be by law, di- rected to be raised and paid for charitable purposes, or to private or incorporated societies, associations, asylums, hospitals, cor- porations, institutions, protectories, homes or schools. £ 195. The board of estimate and apportionment shall include in their annual estimates such amounts as they may consider necessary in aid and support of the poor, and appropriate and pay such proportion thereof as they may deem necessary or proper to the various charitable or reformatory institutions in said count}', in aid and support of the poor of such county, who are cared for or supported in and by such institutions. No ap- propriation or payment shall be made to any charitable institu- tion by the board of estimate and apportionment under*this sec- tion except to institutions to which such board was, during the year eighteen hundred and seventy-four,' authorized to appro- priate and pay moneys in aid and support of the poor cared for or supported therein or thereby, nor shall any payment be made to any such institution thereunder in excess of the amount authorized to be paid to it by such board during said year, ex- cept in cases where such payment has been made to an institu- tion, per capita; in which latter case no greater amount shall be appropriated to it, per capita, than is authorized to be made to such institution by existing laws. » § 19G. The board of estimate and apportionment is hereby authorized and directed to audit and allow as charges against the city the reasonable costs, counsel fees and expenses paid or incurred, or which shall hereafter be paid or incurred, by any police commissioner who shall be a successful party in any pro- ceeding to remove a police commissioner from office, or to re- view or prohibit any such removal or to obtain possession of the office of police commissioner. The board of estimate and appor- ANNUAL Atfl'KOl'KIATIONS. fO tionment is hereby authorized and directed to cause to lie in- vm..um * . . incliiclffl In tn\ eluded in the taxes to he levied and raised for the year following such audit upon the estate subject to taxation in said city and county, an amount sufficient to pay the revenue bonds directed to be issued by the said comptroller in anticipation of the collec- tion of the said taxes, with all interest due or to become due thereon. § 197. The board of estimate 1 and apportionment shall annu- J^m^SS^* 17, ally include in the estimate of the amounts necessary to pay the ' HJjjj' '' '.,,!," »" expenses of conducting the business of the department of public Map* ..ran " ° r i nexed district parks such sum or sums of money as shall, in the judgment and discretion of said board, be necessary to carry on the work of making maps of the territory constituting the Twenty-third and Twenty-fourth wards for the use of the department of taxes and assessments. § 198. In case of injury or damage to the New York and jp>, th. aoo, js. ° i COmp. 1838. Brooklyn Bridge one third of the necessary means to repair and injury to restore the same shall be paid by the city of New York, and such Bridge, sum shall, if necessary, be raised by the issue of bonds. On the comp^i^ completion of the New York and Brooklyn Bridge, one-third of the income derived from it shall be applied towards the pay- ment of the principal and interest of all bonds issued for its con- struction by the city of New York. § 199. The amount raised by assessment pursuant to the pro- i^ac^t^iow visions of chapter one hundred and ninety-one of the laws of gjbeproWaed eighteen hundred and eighty shall be collected and paid into the city treasury, and applied toward the payment of revenue bonds issued under said chapter. If any deficiency shall arise from a iiy cause, and a sufficient amount shall not be realized from such assessment to pay fifty thousand dollars of the revenue bonds issued pursuant to said chapter, with the interest thereon, such deficiency shall be provided for by the board of estimate and apportionment, by including the same in the annual appro- priation first made, after the amount of such deficiency, if any. shall be ascertained. § 200. It shall be the duty of the board of estimate andappor- eh- is tionment to .fix the salaries to be paid to the clerks and other cierksof oom- employees in the office of the commissioner of jurors, provided "nro!° nerso the total amount allowed for clerk hire and contingent and inci- dental expenses shall not exceed six thousand dollars per anmim: and said board shall annually include the amount so fixed in its final estimate. § 201. It shall be the duty of said board from time to time as ibts, ch.8GC, h it may determine to fix the salary to be paid to the coroners' coronet physicians, but such salary shall not exceed the sum of three phy8iciftns thousand dollars a year. « \ N MAI. AlMMtOI'WIATlONS. 1873, i-i i. :«:.. SH7, Comp, 98. Salaries of ofllccrs. •18 How. 238 ; 6 fd. 486: 67 N. V ai;67N.Y.88. ihmi, ch.;wi.s:.. Statement of names ..I | >• - 1 - sons not w Ithin a deportment employed i>y city. I873,cli.335.$ll2, as amended 1878, ch.767, $20, c'<>. civ. Proc., $791. Comp. 103, 171. Mny authorize issue of stocks and bonds. Appropria- tions, now transferred. See 1871. eli 308, ti'.'. Repeal of cer- tain provisions. Appropriation for prevention of contagious diseases. 1881. eh. -MC. §1. Amount limited § 202. The salaries of all officers paid from the city treasury whose offices existed on April thirtieth, eighteen hundred and seventy-three, hut are not embraced in any department, shall he fixed by the board of estimate and apportionment. Such board may, by a majority vote, reduce any such salaries, but shall not increase the salary of any office the compensation of which then exceeded three thousand dollars. § 203. The board of estimate ami apportionment shall file with the final estimate during the month of December in each year a schedule of the names of all persons not within a depart- ment employed under the city government, the designation of their offices and employments respectively, and the salaries and compensation fixed for each, which said schedule shall be pub- lished in the City Record. § 20-! . The board of estimate and apportionment may, at any time, as occasion may require, by the affirmative vote of three members, authorize the issue of any. stocks or bonds for the pur- pose of withdrawing or taking up at maturity any stocks or bonds outstanding: but the said bonds or their proceeds shall be applied exclusively to the payment, purchase, and extinction of such maturing bonds in such manner that the aggregate of the stocks or bonds of said city outstanding shall not be increased thereby for a longer period than is necessary in effecting said change. The said board of estimate and apportionment may, from time to time, by the affirmative vote of three members, authorize the issue of the whole or any portion of any stock or bonds which are now by law authorized to be issued, upon compliance with the provisions of law authorizing them. The said board of estimate and apportionment may, from time to time, on the ap- plication 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 de- partment or bureau. All provisions of law enacted prior to April thirtieth, eighteen hundred and seventy-three, creating any board of apportionment and audit, or either, and providing for and requiring an audit and allowance of claims by said board, are repealed. § 205. For the prevention of dangers from contagious or infectious diseases found to exist in any part of the city, or for the care of persons exposed to danger from contagious or in- fectious diseases, the board of estimate and apportionment may appropriate to the use of the health department money in excess of the annual estimate and appropriation for any year to the amount that shall be declared necessary for such j^urpose by reso- lution of the board of health ; not however to exceed in the ag- gregate the sum of fifty thousand dollars in excess of such annual TRANSFER OJP APPROPRIATIONS. appropriation, and it' any sum or sums of money shall he so ap- propriated hy said hoard of estimate and apportionment in any year prior to the date of the certiiieate of the comptroller to the hoard of aldermen of the aggregate amount of the final esti- mate for such year, the amount thereof shall he added to such final estimate and included in the tax levy in such year. • § 200. The hoard of estimate and apportionment shall innne- diately alter its receipt appropriate to the hoard of education for tob^wfied!' the purpose of purchasing property or erecting school huildings |KS| ' H; ' for new schools, the estahlishment of which shall have heen au- thorized according to law, all moneys received from sales made in pursuance of the provisions of section one hundred and eighty- six. § 2o7. The hoard of estimate and apportionment shall have •• <•!•• .. Comp. 175. the power at any time to transfer any appropriation for any Excess of ap year which may he found, hy the head of the depart ment for !u : Twu'"n. which such appropriation shall have heen made, to he in excess fem ' of the amount required or deemed to be necessary for the pur- poses or objects thereof, to such other purposes or objects for which the appropriations are insufficient, or such as may require tho same ; and if it is found at the time when the estimate is made of the expenses of conducting the public business for the next succeeding fiscal year, that there will be a surplus or bal- ance remaining unexpended of any appropriation then existing at the end of the current fiscal year, after allowing sufficient to satisfy all claims payable therefrom, such surplus mav be an- Surplus mAy bo J 1 r J i applied tli>* plied to like purpose in the next succeeding year. Any balances nex1 v, ' ar - of appropriations remaining unexpended, after allowing suf- ficient to satisfy all claims payable therefrom, may at any time, isra.ch.sss.sm, after the expiration of the year for which they were made, be ns'aimVwu';! 11 " transferred by the comptroller, with the approval of said board comp. m.' of estimate and apportionment, to the general fund of the city, and applied to the reduction of taxation. But any balance of any appropriation made for the purposes specified in section six bun- dred and eighty shall remain applicable to such purposes and be applied thereto whenever called for by the coinmisioners of pub- lic parks. >> 208. There shall be paid annually out of the excise moneys i878.cb.868 si of the citv of New York, to the Home for Fallen and Friendless ;,'"*"' ■. i:v -'i== ' Home for Ril ls. Girls in said city, the sum of one hundred and fifty dollars, for the support of every fallen and friendless girl received and sup- ported by said corporation in their Home for Fallen and Friend- less Girls for the .year for which such payment shall be made, and a proportional sum for a shorter period in the same year. £ 209. The terms and conditions of all contracts for street i88i,ch.a« • sweeping and cleaning, or for the collection of ashes and gar- * treet s . we T A a r> ing contracts. 78 APPROPRIATION UK KXC'ISK MONKYs. ih;:.. cb. *il,S|4, as amended I HT.». ch. II". ( 'onip. 17V. I'.Xelse IIIU!1I'V<. how appropri- ated, m Term " poor ' ■ I'd I Amounts paid. is;3, ch. .•«.">. §113, Conip. 104. In case of con- test, appropria- tion only to be made to pre- vailing party. Counsel to be assigned by law department. baga, shall, before they are entered into, be approved by the board of estimate and apportionment. £ 210. Said board of estimate and apportionni'iii is author- ized, from time to time, and in sums according to its dis cretion, by resolution of said hoard, to appropriate all ex- cise moneys derived by the excise commissioners in said city from 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 deserving or proper, but no such resolutions shall be valid unless adopted by a majority vote of all the members of said board ; and the comptroller shall draw his warrants in favor of such institutions respectively mentioned in such resolutions according to the tenor thereof, and the chamberlain shall pay such warrants out of the said moneys received for licenses. The term poor "as used in this section shall only include persons who would otherwise become a charge upon said city as foundlings, orphans, and such prostituted or fallen women or juvenile de- linquents as may be committed to or cared for gratuitously, in or by any reformatory institution, protectory, or juvenile asylum, persons who are supported, relieved, or cared for gratuitously in or by any charitable institution for the care or relief of the rup- tured or crippled, the cure of hip or spinal diseases, the sick or the destitute, friendless or infirm, including the children of vol- unteers dying 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 section, except as a per- capita allowance for the poor and destitute persons actually sup- ported, treated, cared for, or educated in the institutions referred to in this section, except in the case of the American Fe- male Guardian Society and Home for the Friendless, the Chil- dren's Aid Society, and the Shepherd's Fold of the Protestant Episcopal Church, which shall severally receive only the same amounts as provided by other provisions of law. S 211. No appropriation or payment for the contesting of the office of mayor, or any seat in the board of aldermen, or office in any department/ or the office of any officer whose salary is" paid from the city treasury, shall be made to any but the pre- vailing party. Nor shall any such appropriation or payment be made to such prevailing party, except upon the written certifi- cates of the chief officer of the law department and of the chief justice of the court of common pleas of the city and county of Xew York, as to the value of the services rendered in the case. In case an officer or clerk is ordered to be examined, in pursu- ance of law, the corporation counsel shall assign some one from his department as counsel to the officer oi clerk making the ap- LE\ VlN(i TAXES. plication; but should such oHicer or clerk sic lit to employ other counsel than that assigned by the law department, then, in that event, no appropriation or payment shall he made for his or their payment, except upon a certificate of the justice or jus tices before whom the proceedings have been had that there was probable cause for taking such proceedings. Title 7— Levying Taxes. h 2 Vi (> 3 § 212. It shall be the duty of the comptroller of said city to jsea, ch. im, |2, J 1 J ■C'omp. 189. prepare and submit to the board of aldermen at least four weeks Duties of the before their annual meeting, in each and every year, for the l^Flre, c£ 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 or for city purposes within said city, and also an estimate of the prob- able amount of receipts into the city treasury during the then current year, from all the sources of revenue of said general fund, including surplus revenues from the sinking fund availa- ble in accordance with law, other than the surplus revenues of the sinking fund for the payment of the city debt, and the said i878,cii.3M board of aldermen are hereby authorized and directed to deduct the total .amount of such estimated receipts from the aggregate amount of all the various sums which by law they are required to order and cause to be raised by tax in said year for the pur- poses aforesaid, and to cause to be raised by tax only the balance of said aggregate amount, after making such deduction. ^ 213. It shall be the duty of the board or body authorized to ^i^'^-H levy taxes to include in any and every ordinance or resolution passed by them imposing and levying taxes for any purpose or purposes authorized by law, such sum, in addition to the aggre gate amount required for such purposes, as they shall deem necessary, not exceeding three per cent, of said aggregate amount, to provide for deficiencies in the actual product of the amount imposed and levied therefor. £ 214. The aggregate amount estimated by the board of esti- s^CtomJuoB. mate and apportionment in its final estimate shall be certified bv supervisors to ^ r - meet and eon- the comptroller to the board of aldermen: and it shall be the Sf ,is ? c,b ~ ' estimate, duty of said aldermen, and they are hereby empowered and di- rected annually to cause to be raised, according to law, and col- lected by tax upon the estates, real and personal, subject to taxation within the city and county of New York, the amounts so estimated and certified as aforesaid. 80 THE LAW DEPARTMENT CHAPTER VII. The Law Department. !878,cii.885. $: 21.">. The law department shall have the charge and conduct Law depart- of all the law business of the corporation and its departments, nun , H.Mii.ss gTj i aw business in which the city of New York shall be 333; 5Hun.s87; interested, except as in this act otherwise provided ; the charge and conduct of the legal proceedings necessaiy in widening, opening, or altering streets, and the preparation of all leases, ,i % ., deeds, and other legal papers connected with any department. All contracts entered into by the commissioner of street clean- ing, in pursuance of sections seven hundred and eight and seven hundred and nine, and all bonds securing the same shall be ap- proved as to form by the counsel for the corporation. No officer or department, except as othei wise specially provided, shall have or employ any attorney or counsel, but it shall be the duty of the law department to furnish to every department and officer such advice and legal assistance as counsel or attorney, in or out of court, as may be required by such officer or department ; and for that purpose the counsel to the corporation may assign an attorney to any department that he shall deem to need the same ; he shall appoint the attorney for the collection of personal taxes. iw3, oh. 335. § 21G. There shall he two bureaus in this department, the chief |38, mp. .... ft» cer Q £ one Q £ - vv } 1 i c ] 1 s } ia n be called the corporation attorney, IHuviUIS • and the chief officer of the other of which shall be called the Chief officers public administrator. Such chief officers shall not receive to reive fees to their own use any fees or emoluments in addition to their sal- mi mw, us.. ai ,- c ^ an( j shall pay into the treasury all costs and commis- sions received by them from any source whatever : such pay- ments shall be made monthly, and shall be accompanied by a sworn statement in such form as the comptroller shall prescribe, and such statement, with a detailed list of costs, commissions, fines and penalties collected, shall be published in the City Recortl monthly. All actions to recover penalties for a violation of any law or ordinance, except as otherwise specially provided, shall be brought in the name of the mayor, aldermen, and com- monalty of the city of New York, and not in that of any depart- ment, and shall be conducted by the corporation attorney, sub- ject to the control of the corporation counsel. All fees received in any such action shall be paid into the treasury of the city. T1IK I'l lil.lt ADMIXISTKATOK. -I except as Otherwise speeiallv provided. Tin' counsel to the cor- « • •m,..ii,, n„. l 11 iL .1 ii u corporation to notation shall, once in three months, report to the comptroller i-m i. ,,,„„,, i k _u # r t roller, the name of parties to, and t he object of, all suits pending in his department, when commenced and the number decided or ended, and in what manner, during the past three months. 217. Before entering upon the duties of his office, any per- Rev. stat. port son appointed to the office of public administrator, shall execute art.i,fe a bond with such sureties as shall be approved by the mayor or oJhand bond recorder of the said city, te> the mayor, aldermen, and common- alty thereof, in the penal sum of ten thousand dollars, con- ditioned for the faithful discharge of all duties enjoined on him by law, and particularly that be will account for and pay over all moneys and property that may come to bis hands as such administrator, according to law. >j 218. The public administrator shall retain a commission, ii n ii 2.R.S. oh- 0, over and above all expenses, upon all moneys that shall come I'.J 1 ;;,'' 1 !;,' ■ : into its hands, at the rate of five dollars upon the hundred dol- commissions . * and salary. lars, upon all sums received from any one estate, not exceeding two thousand five hundred dollars: and upon all sums so re- ceived exceeding that sum. at the rate of two dollars and fifty cents upon every hundred dollars: which sums may be so re- tained in preference to any debts or claims, excepting funeral charges. The moneys so retained shall be accounted for and paid by him into the treasury of the city of New York. § 219! In the right of his office, the public administrator shall w. >i have authority to collet and take charge of the goods, chattels, ° mp ' personal estate, and debts of persons dying intestate, and for that purpose to maintain such suits as public administrator, as any executor might by law, in the following cases:' Bis authority. 1. Whenever any person shall die intestate, either within this State or out of it, leaving any goods, chattels, or effects within the city and county of New York. •2. Whenever any goods, chattels, or effects of any person who shall have died intestate, shall arrive within the said city and county, after his death. # & Whenever any person coming from any place out of this State, in a vessel bound to the port of New York, and arriv- ing at the quarantine, near the city of New York, shall there die intestate, and shall leave any effects either at the said quaran- tine or in the city of New York, or elsewhere. i. Whenever any effects of any such person" so arriving and dying intestate at the said quarantine shall, after his death, arrive either at the said quarantine or within the city of New York. 5. Whenever any person, coming from any place out of this State in a vessel bound to the port of New York, shall die intes- 8John.ch.4sa 82 THE PUBLIC ADMINISTRATOR. Irtler of BUT- rogate, when ttOCOOTBTT. When order to It« granted. ■> lit. s. ch. ii. title 6, art. 1. *>§». 9, Comp. 238. Subpoena to dis- cover concealed effects. tato on hi.s passage, and any pf his effects shall arrive at the said quarantine. In all the preceding cases, intestacy shall he presumed until a will shall he proved, and letters testamentary he granted thereon. § 220. But the last section shall not colder on the puhlic ad- ministrator any authority in respect to the estate of any person not a citizen of this State, dying outsiJe of this State, or on hoard of any foreign vessel within .the harhor of New York, unless— L. Such person shall have landed within the city and county of New York, or at the quaiantine near the said city; or, 2. Unless the effects of such person, or some part of them, shall have heeu so landed: and when any effects of such person shall have heen so landed, the authority of the puhlic adminis- trator shall extend to such effects only. 221. Whenever there shall be any widow, or next of kin of any such intestate, entitled to a distributive share in his estate, residing in the city of New York at the time of his death, the puhlic administrator, upon receiving notice of such fact, shall not have any authority to interfere with the effects of the de- ceased until he shall have obtained an order from the surrogate to take charge thereof. Such order may be granted by the sur- rogate, upon the application of the puhlic administrator, and upon due proof being made to him, by affidavit, that the effects of the deceased are in danger of waste or embezzlement, or that for any other reason it would be for the benefit of the estate to have the same, or any part thereof, seized and secured. i? 222. Whenever, in any of the cases in which the public ad- ministrator is authorized to take charge of the effects of any intestate, any goods, chattels, credits, or effects of the deceased, or of which he had possession at the time of his death, or within twenty days previous thereto, shall not have been deliv- ered to the public administrator, nor accounted for, satisfac- torily, by the persons who were about the deceased in his last sickness, or in whose hands the effects of the deceased, or any of them, may be supposed at any time to have fallen, the publie administrator may institute an inquiry concerning the same; and upon satisfying the surrogate, by affidavit, that there are reasonable grounds for suspecting that any such effects are con- cealed or withheld, he shall be entitled to a subpoena to be issued by the surrogate under his seal of office, to such persons as the said public administrator shall designate, requiring them to appear before such surrogate, at the time and place thereinto be specified, for the purpose of being examined touching the es- tate and effects of the deceased. If the surrogate be absent THE PUBLIC ADMINISTRATOR. Examination of from thy city, such application for a subpu-na may bo mado to any justice of tho supreme court, to the first judge of the court of common pleas of tho said city and county, or to the recorder of said ( ity, either of whom is hereby authorized to issue such subpoena, under his hand and private seal, in the same manner as t he surrogate. ;j 228. Such SubpeeBfi shall be served in the same manner as !*?Hio,n. '. .. , . , _, ' How served ninl m civil causes, and it any person shall refuse or neglect to obey enforced, the same, or shall refuse io answer touching the matters herein- after specified, he shall be attached and committed to prison by the said surrogate or other officer so issuing such subpoena, in the same manner as for disobedience of any citation or subpoena issued by a surrogate in any case within his jurisdiction. Upon the appearance of any person so subpoenaed before such surro- """^ gate or other officer, he shall be sworn truly to answer all ques- tions concerning the estate and effects of the deceased, and shall be examined fully and at large, by the public administrator, in relation to the said effects. § 224. If, upon any inquiry, it shall appear to the officer con- w Mls ducting the same, that any effects of the deceased are concealed Warrant, when or withheld, and the person having possession of such property 3Bradf!«4 shall not give the security herein specified, for the delivery of the same, such officer shall issue his warrant, directed to the sheriff, marshals, and constables of the city or county, where such effects may be, commanding them to search for and seize the said effects, and for that purpose, if necessary, to break open any house in the day time, and to deliver the said property so seized to the public administrator, which warrant shall be obeyed by the officers to whom the same shall be directed and delivered, in the same manner as the process of a court of re- cord. But such warrant shall not be issued to seize any prop- warrant erty, if the person in whose possession such property may be, or any one in his behalf, shall execute a bond, with such sureties, and in such penalty as shall be approved by the surrogate, or other officer acting in his place, to the public administrator, con- ditioned that such obligors will account for and pay to the said public administrator the full value of the property so claimed and withheld land which shall be enumerated in the said Condition), whenever it shall be determined in any suit to be brought by the public administrator, that the said property belongs to the estate of any deceased person, which the admin- istrator has, by law, authority to collect and preserve. § 22.">. Whenever any effects of a deceased person, of which . JR . s . chu. the public administrator is authorized to take charge, shall be at t^oomp/iss. the quarantine at the time of the death of such person, or shall 1863 > 358 -* ar - arrive there afterwards, it shall be the duty of the health officer. Bond to Stay 8 1 THE PUBLIC ADMINISTRATOR. lis amended (866, ch. 598, Comp, 2-10. Duty of health ofllcer In cer- tain cases. Id. Jio. Perishable properl j Notice, when t< he given. I Barh. ch. 80S, Mow served .mil published. hi. SjlK. 111. -J>J. Comp. 340. Granting of let t ers may he contested. When execu- tor, widow, or relative entitled to letters. Effect of such letters. li is assistants or deputies, whichever shall -he present, to secure the said effects from waste and embezzlement, and to make a true inventory thereof, and when the rightful claimants of such effects do not appear, within three months, to deliver the same with such inventory, to the public administrator, and immedi- ately to give information of such effects to the public adminis- trator, to cause an inventory or account thereof to be taken, and to deliver the same to the said public administrator, unless the said property be of such a description as ought not to be re- moved, or may be ordered to be destroyed under the laws con- cerning the public health. ^ 22G. If any property taken into the charge of the public administrator shall be in a perishing condition, lie may immedi- ately sell the same jit public auction, on obtaining an order for that purpose from the surrogate, which shall be granted on due' proof of the fact. 227. If the property of any intestate of which the public administrator is authorized to take charge shall exceed in value the sum of one hundred dollars, he shall immediately give no- .tice of his intention to apply to the sui-rogate for letters of ad- ministration upon the estate of such intestate, specifying the time and place when such application will be made. Such notice shall be served personally on the widow and the relatives of the intestate entitled to any share in his estate, if there be any to be found in the city, at least thirty days before the time therein specified. If there be none to be found in the said city, and in all cases where the notice shall not have been personally served, it shall be published at least twice in each week, for four weeks, in some newspaper printed in the city. >j 228. At the time specified in such notice, any person inter- ested in the estate of the deceased may appear and contest the granting of letters of administration to the public administra- tor, and shall be entitled to subpoena to compel the attendance of witnesses on such hearing. If it shall appear that the deceased has left any will of his personal property, by which any executor is appointed who is competent and qualified ac- cording to law to take upon him the execution of such will ; or if it shall appear that there is a widow or any relative of the de- ceased entitled to a share in his estate, willing, competent, and qualified according to law to take letters of administration, with the will annexed, if there be one, or to take letters of adminis- tration, if there be no will, then letters testamentary shall be granted to such executor, or letters of administration shall be granted to such widow or relative, as in other cases. Upon such letters testamentary or letters of administration being granted, all control and authority of the public administrator over the es- THi: ITIil.K AD.MINISTRATOli 35 (ate of the deceased shall cease, and every order that may have been previously granted to him in relation to the estate shall he revoked. g 829. The expenses incurred by the public administrator, in »R8.cfa 8. all necessary measures for securing and guarding the effects of UN, the deceased from "waste and embezzlement, of serving and pub- lishing the notice aforesaid, and of obtaining any necessary order pakl from the surrogate, and of executing such order, shall be taxed and allowed by the surrogate, and may be retained by the pub- lic administrator out of any moneys or effects of the deceased in his hands, and the residue thereof shall be delivered by him to the executor or administrator so allowed Oft appointed, without any abatement or deduction for commissions or for any other charges than such as shall have been so allowed and taxed. If there shall be no moneys or effects of the deceased in the hands of the public administrator to pay such expenses, the same, after being allowed and taxed, shall be paid by the executor or administrator so appointed, in preference to all other debts or claims, except funeral charges, and the public administrator may maintain an action therefor in his own name. ji 830. If no executor be allowed, and no letters testamentary w S23 or of administration be grauted by the surrogate to any other n^Sto person, at the time specified for hearing the application, or at ■d"**- such other times as shall have been appointed, then, unless it appear that letters testamentary or of administration have al- ready been granted on such estate, the surrogate shall grant letters of administration thereon, with the will annexed or other- wise, as the case may.require, to the public administrator, briefly stating that the administration of the goods, chattels, credits and effects of the deceased has been granted to him according to law ; which letters, the record thereof, and a transcript of such record duly certified, shall be conclusive evidence of the authority of said public administrator in all cases in which lie is authorized by law to act. ^ 2:31. If the property of any intestate, of which the public ad- H ministrator is authorized to take charge, be worth a sum not ex- oamJ^Mi. ceeding one hundred dollars, he shall immediately give notice, briefly stating that the effects of the deceased, naming him, with his addition, in the hands of the public administrator, will be administered and disposed of by him according to law, unless the same be claimed by some lawful executor or administrator of the deceased, by a certain day to be specified in such notice, not less than thirty days from the service or first publication thereof, as herein directed. Such notice shall be personally served on the widow and every relative of the deceased who How serTed shall be residing in the city of New York, if any can be found: 86 THK I'lHIJC ADMINISTRATOR. Id. §$2C, 27. Affidavit, etc Effect at Ming affldarlt. 2 R. s. eh, B, title 6, mt. 1. 828. Powers of ad- ministrator he- fore letters, etc. Jd. 829. Notice to be given to foreign consols. Id. §30. Comp. 242. Assets to lie de- livered to law- ful executor, etc. and if none be found, and in all cases when* such personal ser- vice shall not have been made, the notice shall be published once in each week, for four weeks, in a newspaper printed in the city. § 232. If, at the time appointed in such notice, no claim to the effects of the deceased shall have been made by any lawful ex- ecutor or administrator, the public administrator shall make and file in the office of the surrogate an affidavit, stating the value of the property and effects of the deceased, the service and pub- lication of the notice by him, as above directed, and that no claim has been made according to law, and that he has taken upon himself the administration of the estate- of the deceased. Upon filing such affidavit, the public administrator shall be vested with all the rights and powers, and be subject to all the duties of an administrator of the estate of the deceased, in the same manner as if letters of administration had been granted. Such affidavit, and a duly certified copy thereof, .shall be pre- sumptive evidence of the facts therein contained, and that ad- ministration of the estate of the deceased has been committed to the public administrator according to law. £ 233. Until letters of administration shall be granted to the public administrator, or until an affidavit shall be filed by him as above directed, he shall not proceed in the administration of any estate, further than to pay funeral charges of the deceased, to take possession of and secure his effects as hereinbefore au- thorized, to sell such of them as shall be perishable, and to de- fray the expenses of such proceedings, and of serving and pub- lishing notices, and of taking out letters of administration. § 234. Whenever the deceased, of whose- estate the public ad- ministrator is authorized to take charge, shall be a foreigner, and shall not have become naturalized, or taken any steps for that purpose, it shall be^the duty of the public administrator to serve upon the consul of the nation to which the deceased belonged, if any there be in the city, the notice of his intention to apply for letters of administration, and of his intention to administer, hereinbefore specified, in the same manner as they are herein directed to be served upon the widow or relative of the de- ceased. § 235. If any lawful executor or administrator shall appear to claim the effects of the deceased, at any time before the public administrator becomes vested with the power of administering such effects, he shall, on producing the letters testamentary or of administration, be entitled to receive the goods and effects of the deceased in the hands of the "public administrator, after de- ducting the chai'ges specified in section two hundred and twenty- Till! ITKI.K ADMINISTRATOR. niiio hereof, to be allowed and taxed by the surrogate as therein directed. £ 2.°)t'>. The powers and authority of tlie public administrator, '•' »■'" Z r i 1111 I'nwpin of puli in relation to the estate of anv deceased person, shall he super- h<- u.!miiiimrn . tor, when super Seded in the three following cases : Mded. 1. When 4 letters testamentary shall be granted to any ex- ecutor of a will of any deceased person, either before or after the public administrator shall have taken letters, or become vested with the powers of an administrator upon such estate. 2. Where letters of administration of such estate shall have been granted to any other person, before the public administra- tor became vested with the powers of an administrator upon the same estate. Where letters of [administration shall be granted upon iBarb.ch.uofi such estate, by any surrogate having jurisdiction, at any time within six months after the public administrator became vested with the powers of an administrator upon such estate. g 'j;5T. If any relative of deceased entitled to administration on m gas. his estate, being competent and qualified according to law, shall. ' Barb ch 302 within three months after the public administrator has become vested with the powers of an administrator on such estate, ap- ply to the surrogate of New York for letters of administration, the same shall be granted to him, upon proof to the surrogate that the applicant did not reside in the city at the time of the death of the intestate ; or that, residing in the said city, no no- tice was served on him as herein required. Upon notice being S r. s. ci. given to the public administrator of the granting such letters j^f ,art1, testamentary, or letters of administration, in either of the cases A^re^tobe de- aforesaid, by producing to him duly attested copies thereof, his powers and authority in relation to such estate shall cease; and he shall deliver over to the executor or administrator so ap- pointed the property, moneys and effects in his hands belonging to the said estate, after deducting his commissions on the moneys received by him, at the rate hereinbefore allowed, and the ex- penses incurred by him in section two hundred and twenty -nine hereof, to be allowed and taxed as therein directed. § 233. No suit that shall have been commenced by the pubic administrator shall abate on account of his authority having. . ■» <-> Suits not to ceased for any cause; but the same may be continued by his sue- m cessor, or the executor or administrator of the deceased, who shall succeed him in the administration of the estate, in relation to which such suit shall have been brought. § 23f . Whenever the public administrator shall become vested with the right of administering upon any estate as herein pro- ^jS?^ 88 TIIK Pl'JJLK' A1>MINJSTK YTOK. mifi h (iutf OW of r8- v i^cd, ne s hall possess the following rights and powers, and be imbUcadmJiiifr snbject to the following obligations ; 1. He shall have all the rights, powers, and authority given by law to any administrator, except so far as the same may be qualified by the succeeding provisions. 2. He may, like any other administrator, sue and be sued. 3. He shall make and return an inventory in all cases, in the same manner and within the same time as is required by law of other administrators; and the same proceedings may be lmd to compel such return. 4. He may sell the personal property of the deceased at pub- lic auction, after publishing notice thereof three days, daily, in a newspaper in the city of New York; but he shall not sell any property exceeding five hundred dollais in value, without having given such notice daily for fourteen days. 5. He shall not sell any public stock, or stock in any incor- porated company, unless for the payment of debts, and on the order of the surrogate, to be duly entered in his records. C. In all cases where the estate of any deceased person in his hands shall exceed the value of two hundred and fifty dollars, he shall give notice to the creditors of the deceased to exhibit their claims, by a publication once in each week for eight weeks, in a newspaper printed in the said city, and in the State paper. 7. He may, in his discretion, proceed as other administrators are allowed by law to compel creditors to exhibit their claims, and with the like effect in all respects. 8. He shall adjust and pay all demands against the estate of the deceased, in the same manner as other administrators; and like them, may refer all disputes respecting such demands. 9. One year after he shall have become vested with the right of administering upon any estate, he shall account on oath to the surrogate for all assets of such estate received by him, and for the application thereof; and the same proceedings may be had to compel such account as are provided by law in the ca c e of administrators. 10. He may, in his discretion, proceed as other administra- tors are allowed by law, after the expiration of twelve months from the time he became vested with the powers of an adminis- trator on any estate, to have a final settlement of. his accounts in relation to such estate, and with the like effect. 11. -In the settlement of his accounts, he shall not be allowed for any payments made by him, unless, in addition to the other vouchers therefor ; it shall appear that the same were made on a joint check, signed by himself and the comptroller of the city, upon the bank in which his deposits are required to be made; THE PUBLIC ADMINISTRATOR. s'.> excepting that lie may bo allowed for current expenses author- ized by law, not to exceed tw r enty dollars in any oue case. 12. In the settlement of his accounts, he shall not be allowed for any demand which he may have against the estate of the de- ceased, unless such demand was specified in writing to the sur- rogate at the time of applying for letters of administration, or at the time of tiling the affidavit herein required to vest him with the rights of an administrator, nor unless it shall appear that he had such demand, or that his responsibility, on which it may be founded, existed, previous to the death of the person against whose estate it may be exhibited. 13. He shall pay all legacies and shates of the estate of the deceased, according to the decrees of the surrogate : 14. The balance of any money remaining in his hands on the adjustment of his accounts, shall be paid into the treasury of the city; and he shall transfer and deliver to the corporation of the said city all public stocks, and all stock in any incorporated com- pany belonging to the estate of the deceased. £ 240. The public administrator shall deposit all moneys by him collected and received, within two days after the receipt Ba^MS^ft thereof, in the bank designated in pursuance of law, to the n^'j^' joint credit of himself and the comptroller of the city* excepting g°£g£ h so much as mav be necessary to pay the current expenses of :! ' ,:> - s :r ' J J XT J , How drawn out. any proceedings authorized by law, which shall be allowed by the surrogate, and shall not exceed twenty dollars in any one case. The moneys so deposited shall be drawn out only on the joint check of the public administrator and the said comptroller, in the cases where by law the public administrator is required to pay out moneys. The comptroller shall preserve a register of all checks signed by him, as a part of the documents of his office. § 241. The public administrator may at any time advance to any relative of the deceased such portion of the share of any Advances to estate to which he may be entitled, not exceeding fifty dollars, * as in the opinion of the surrogate may be necessary for the sup- port of such relative. § 242. The public administrator shall exhibit to the board of M «89,«. aldermen, on the first day of January in each year, or within count of public fourteen days after that day, a statement, on oath, of the moneys received by him for commissions and expenses, and of the total amount of his receipts and expenditures, in each case in which he shall have taken charge of and collected any effects, or in which he shall have administered on any estate during the preceding year, with the name of the deceased, his addition, the place of his residence at the time of his death, if the same be known, and the country or place from which he came, if he was On TIJK I'UliLIC AU.MINISTKATOR. To Ih> |>iiIi IJshed It. K. ch. «. title 6, art. 1, II. < Kinp ','r. l'enalty for • omissions. ■vi N v 881 : Hun, M. an, Responsibility of corporation •I Sand. 1 ; 4'.' N. Y. 2.M ; M How. 178. Id. 8 Sand <-h. 17.) Id. $44. Papers, etc.. to be delivered to successor. Id. $45, us amended 1806, ch. 80-.>. Report of deaths in hotels, etc. not a resident of this State at the time of his death. The public administrator shall cause the said statement to Ik- published for three weeks, daily, in a n e wsp aper in the city, and twice in each week in the State paper; the expense of which shall he do ducted by him from the halance in his hands, payable to the i it v treasury. % 2-43. If any public administrator shall neglect to render or to publish such statement, as hereinbefore required, he shall for- feit five hundred dollars, to be recovered by the attorney-general, for the use of this State ; and on such recovery being had, he shall forfeit his office, and be thereafter incapable of being ap- pointed to the same. • § 24-1. The mayor, aldermen, and commonalty shall, in all cases, be responsible for the application of all moneys received by the public administrator, according to law, and for the due and faithful execution of all the duties of his office. The said corporation shall also be answerable for all stock transferred by the public administrator, and the dividends received thereon, and for all moneys paid into the city treasury by him, or which ought to be so transferred or paid in according to law, after de- ducting therefrom the commissions allowed by law ; but not for any interest on such moneys, or dividends on stock. All per- sons who shall be entitled to receive such moneys and stock, as creditors, legatees, or relatives of the deceased, and all persons aggrieved by any unauthorized acts or omissions of the public administrator, shall have the same remedies against the said corporation for the same as they would have against any ex- ecutor. § 245. Whenever the public administrator shall resign, or be removed from his office, he shall immediately deliver over all papers, money, and effects in his hands to his successor; and in case of the death of such officer, the persons into whose custody or possession any such papers, money, or effects may come, shall, on demand, deliver the same to the successor duly ap- pointed. Such delivery may, in either case, be enforced in the manner provided in chapter fifth of the first part of the revised statutes, in relation to public officers. § 24G. Every person keeping a hotel, or boarding or lodging- house in the city, shall report in writing to the public adminis- trator the name of every person not a member of his family, wiio shall die in his or her house, within twelve hours after such death ; and every coroner, within twelve hours after an inquest, shall report to the public administrator the name, if known, of the deceased person. Every undertaker shall also report to the public administrator within twelve hours after burial by him. any deceased person having no next of kin known to him to be NIK ITHLIC ADMINISTRATOR. 91 entitled to administer, the name and residence of such deceased person, Whoever shall neglect to comply with this provision shall he deemed guilty of a misdemeanor, and upon conviction thereof shall he punishable by imprisonment in the penitentiary for a period not exceeding six months nor less than ono month, or hy a fine of one hundred dollars, one moiety of which shall he given to the informer and the other moiety paid into the city treasury. § i't7. The public administrator shall cause a copy of the last ess ch . section to be left at every hoarding and lodging house in the city, N8,oomp m at least once in each year; and he shall not be entitled to recover J,e™"f, ^Sen of any person the penalty given by the last section, without due 10 vered proof of the service of a copy of that section, personally on the defendant, previous to the neglect for which such suit may he brought, and within one year before the commencement of such suit. § 248. In all actions or proceedings, in either the State or isso.ch.s.jji.a.s Tnited States courts, in which the mavor, aldermen, and com- Cond or other ' t security may be monalty, or any department thereof, shall be a party, wherever "Sprier an undertaking, bond, security, or stipulation is required as a condition to the obtaining of any legal remedy or process, the perfecting of an appeal or the stay of execution, or other writ in the nature thereof, such undertaking, bond, or stipulation may be executed on behalf of the mayor, aldermen, and commonalty by the comptroller, upon the advice of the counsel to the cor- poration that the same should be executed, and in such form as he may approve; or security may be given in such manner and form as the said counsel to the corporation may advise. Any Bonds, etc.. such bond, undertaking, or stipulation executed since the first le " nl,ze ' 1 day of January, one thousand eight hundred and eighty, shall have the same force and effect as if executed subsequent to the passage of this act. This section shall not affect any existing Nottoaffeci provision of law authorizing municipal corporations to stay the vfs?ons K oPia« -. execution of a judgment, or order appealed from without an un- dertaking or other security. § 249. The attorney for the collection of arrears of personal taxes shall, before entering upon the duties of his office, execute S«Mf a bond to the mayor, aldermen, and commonalty, with one or 1Iis bond more sureties, to be approved by the mayor, comptroller, or counsel to the corporation, in the penal sum of ten thousand dollars, conditioned for the faithful performance of the duties of his office, and the payment over of all taxes collected by him, which bond shall he filed in the comptroller's office. 92 THE POLICE DEPARTMKNT. CH APT Kit VI 11. Police Department. lRT3.ch. 886,(41, Comp. 2-19. Id. |80. Comp. 252. KuIps. etc., en- actment, molli- fication ami repeal of. I873,ch.335.§48, Comp. 251. Board of police may issue sub- poenas. 61 amine wit- a esses, etc. l«$64,ch.403. $71 Comp. 262. Enforcement of ordinances, I873,ch. 335, £54, Comp. 252. Accommoda- tions for deten- tion of wit- nesses, etc. § 250. The government and discipline of the police department shall he such as the hoard of police may from time to time, by rules and regulations, prescribe. The hoard are. empowered, in their discretion, to enact, modify, and repeal, from time to time, orders, rules, and regulations of general discipline of the subor- dinates under their control, hat in strict conformity to the pro- visions of this chapter. §251. The board of police shall have power to issue sub- poenas, tested in the name of its president, to compel the attend- ance of witnesses upon any proceedings authorized by its rules and regulations. Each commissioner of police, the superinten- dent thereof, and the chief clerk and deputy thereof, are hereby authorized and empowered to administer affirmations and oaths to any person summoned and appearing in any matter or pro- ceeding, authorized as aforesaid, and in all matters pertaining to the department or the duties of any officer, or to take any de- positions necessary to be made under the orders, rules, and regU; lations of the board of police, or for the purposes of this chapter. Any person making a complaint that a felony or misdemeanor has been committed, may be required to make affirmation or oath thereto, and for this purpose the inspectors, captains and sergeants of police shall have power to administer affirmations and oaths. Any willful or corrupt false swearing, by any wit- ness or person, to any material fact in any necessary proceeding under the said orders, rules, and regulations, or under this chapter, shall he deemed perjury, and punished in the manner now prescribed by law for such offense. § 252. The hoard of police shall at all times cause the 6r- dinances of the city of New York, not in conflict with law, to be properly enforced. And it shall be the duty of said board at all times, whenever consistent with the rules and regulations of the board, and with the requirements of this chapter, to furnish all information desired. § 253. The board of police shall provide suitable accomoda- tions for the detention of witnesses who are unable to furnish security for their appearance in criminal proceedings, to be called 4 POWERS OF POLICK BOARD. 93 the house for the detention of witnesses: and such accommoda- tion shall he in premises other than those employed for the con- finement of persons charged with crime, fraud, or disorderly conduct, and he in command of a sergeant of police. And it shall he the duty of all magistrates, when committing wit- nesses in default of hail, to commit them to such house of detention of witnesses now or hereafter to be 'used for such purpose. § 2{>4, The hoard of police may, with the authority and ap- SSm^'sSi?'* 19 ' proval of the mayor and common council from time to time, hut :, with special reference to locating the same as centrally in pre- mcntof - cincts as possible, 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 per- sons arrested and property taken within the precinct; and shall also provide and furnish such business accomodations, 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. § 2.~>5. The board of police shall have power to erect, operate, i8e7,ch.K>6, $21, supply, and maintain, under the general laws of the State re- T ehxra^for lating to telegraphs, all such lines of telegraph to and between J"^' pur " such places in the city as for the purposes and business of the police the board shall deem necessary. Said board may procure and control all instruments, fixtures' property, and materials procured for the purpose above mentioned, but the cost there- of shall be chargeable to general expenses of police. The board of police is hereby permitted to use the said telegraph lines to aid them 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. 25G. In the performance of police service in any precinct or issr.ch.soe.jii, precincts comprising waters of the harbor, the board of police ^"^'^ may procure and use and employ such row-boats and steam- ^'r t °.^ ) , aK boats as shall be deemed necessary and proper. In rural or ^ c^,?'^ 5 ' sparsely inhabited precincts they may establish a mounted patrol, and procure and use and employ so many horses and equip- ments as shall be requisite for the purpose; and they may pro- cure and cause to be used any teams and vehicles required to transport prisoners, supplies and property, whenever it shall be proper and economical to do so; and may sell and dispose of in accordance with* law any personal property owned or used in the department whenever it shall have become old and unfit, and not - required for service. And they shall have authority to detail and employ patrolmen in any duty or service other than patrol POWERS OF POLICE BOARD. [8flB,ch.688 1 n*. Comp. 1408. Board of police i<> have experi- enced person intend courts. m;, i-ii. *«, ?\ Comp. 868. See 1873. cli. 885, 149 isor. ch. sou, jit Comp. 882. |gfS, Ch. 675. i'.'. Comp. 79fl. To appoint n chief of the bureau of elections. Tei in of oftice and salary. Removahle for cause. As to elections. 1866, ch. 74, §17, Comp. 434. Police board to advise health hoard of danger. See 41 N. Y. Supr. 333. 1867, ch. 95G. §21, Comp. 868. duty, which may be necessary and proper to enable said board to exercise the powers and perform the dutiosand business imposed and required by law. £ 257. It shall be the duty of the board of police to cause some intelligent and experienced person connected with the police force to attend at the police courts in cases where there is need of such assistance, who shall, to such extent as the rules of the board of police justices may reasonably require, aid in bringing the facts before the police justices in proceedings pending in Ktefa police courts. ^ 258. It shall be the duty of the board of police, and said board is hereby empowered to provide for the lodging of vagrant and indigent persons. £ 250. The board of police sball have authority to offer rewards to induce all classes of persons to give information which shall lead to the detection, arrest, and conviction of persons guilty of homicides, arsons, or receiving stolen goods, knowing them to be stolen; and to pay such rewards to such persons as sball give such information. § 200. It is hereby made the duty of the board of police to continue the bureau in the office of the department of police, known and designated as the bureau of elections. Tire affairs of said, bureau shall, under and subject to such rules, regula- tions and orders as may from time to time be made and adopted by said board of police, by managed, conducted, and carried on by a suitable and proper person, chosen and selected by said board, who shall be known as the chief of the bureau of elec- tions, shall hold office for the period of three years, and whose salary shall be fixed and paid by said board, at such sum as they shall deem proper, not exceeding five thousand dollars, and shall be removable by the hoard of police for cause. It shall be the duty of the hoard of police to perform all the duties imjK)sed upon them in. sections eighteen hundred and forty-five, eigh- teen hundred and forty-six, eighteen hundred and forty-seven, eighteen hundred and fifty, eighteen hundred and fifty-two, eighteen hundred and fifty three and eighteen hundred and seventy-three. £ 261. It shall be the duty of the board of police (and of its officers and men, as said board shall direct), to promptly advise the hoard of health of all threatened danger to human life or health, and of all matters thought to demand its attention, and to regularly report to said board of health all violations of its rules and ordinances; and of the health laws and all useful sanitary in- formation. Said boards shall, so far as practicable and appro- priate, 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 board POWERS OF POLICE BO LRD. I'nU I'lS ill I II i Comp. l&J. I.W, « * l police, by and through its proper officers, agents, and men, to faithfully and at the proper time enforce and execute the sani tary rules and regulations, and the orders of said board of health (made pursuant to the power of said hoard of health), upon the same being receivod in writing and duly authenticated as -aid hoard of health may direct. Said board of police is au- thorized to employ and use the appropriate persons'and means, ^iv.^n'.illtof " and to make the necessary and appropriate expenditures for the - ,im,alv ni1 " execution and enforcement of said rules, orders, and regula- tions, and such expenditures, so far as the same may not bo re- funded or compensated by the means herein elsewhere provided, shall be paid as the other expenses of said board of health are paid. In and about the execution of any Older of the board of health or of the board of police made pursuant thereto, police officers and policemen shall have as ample power and authority as when obeying any order of or law applicable to the board of po- lice, or as if acting under a special warrant of a justice or judge, duly issued ; but for their conduct they shall be responsible to the board of police and not to the board of health. The board i8ra,ch ; 885,|w. of health may, with the consent of the board of police, impose any portion of the duties of subordinates in said department upon subordinates in the police department. ?j 262. The police department, through its treasurer, and in isra, ch. pursuance of the orders, rules, and regulations of the board, Paymentd shall pay all salaries and wages to the officers and members of snlams etc the police department and force, as established by and in pursu- ance of law. and all bills, claims, and obligations lawfully incurred by or by authority of said board : and the comptroller shall pay over to the treasurer of police, on the requisition of the board of police, the total amount annually estimated, levied, raised, and appropriated for the support and maintenance of the police department and force, from time to time, and in such sums as shall be required (not exceeding one-twelfth part of said total annual amount in any one month), and the treasurer of police; if required by the comptroller, shall transmit to the de- partment 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 board of police shall pro- cure and pay for all printing, books, blanks, paper, and other articles of stationery required for the administration and busi- Books - etc - ness of the department and each bureau thereof. § 2t!3. Any one of the commissioners, or any member of the . oal , m ch. 41, SC police force,. Who shall, after qualifying in office, accept any "^"^^g s .> additional place of public trust, or civil emolument, or who comp ara.| 1 ■ Acceptance of shall during his term of office be publicly nominated for any X"u"eoXe f °o office elective by the people, and shall not within ten days sue- v "cate office. 96 I'OWKKs OK I'OLK'K l;oAKI>. Votes Lli ns oust to be void. l8M,Cb. 103, $18, Com p. 859. President i f the board, power-, and datlefl Id. $19. Treasurer. I878,cb.885, j.'i Comp. 253. Treasurer to Kive bond. is;:}, ch. 755. ji. ( lomp. 958, 1878, ch. 885, {40, i lomp. 249. Police Coioe, nf whom 1 1 1 i-oiisist See 1873. ch. 333. MO, I norms ol 180-1. ch.408,$ie Con, p. 25!'. is; 3, ch..m s'us. Cotnp. 255. Designating person to act in case of i'Jness. etc., of superintendent. lS73.ch.?33, §W. Comp. 253. Police sur- geons' duties and districts. 1867, ch. 950421. Comp. 268. feeding the same publicly decline tlx.' said nomination, shall be in either case deemed thereby to have resigned his commission and to have vacated his office, and all votes east at any election for any person holding the office of police commissioner, or within thirty days after he shall have resigned such office, shall be void. § 204. The commissioners of police shall annually, or asoften a.s a vacancy shall occur, elect one of their number to act as the president of the board of police. He shall preside at the meet- ings of the board. They shall select one of their number to be the treasurer of police. He shall be the fiscal officer of the police. He shall, on check and voucher, duly disburse, by order of the said» police board, all moneys belonging to the police fund, and shall deposit the same, when paid to him, in a bank or banks designated by said board. The treasurer sball give a bond, with two sureties, in the sum of twenty thousand dollars each, for the faithful performance of his duties; said bond to be approved by the comptroller and filed in his office. ? 265. The police force shall consist of one superintendent oi police, four inspectors of police; captains of police, not exceed- ing in number one to each fifty of the total number of patrol- men : sergeants of police, not exceeding four in number to each fifty of the total number of patrolmen* doormen of police, not exceeding two in number to each fifty of the total number of patrolmen : not exceeding twenty-two surgeons of police, one of whom shall be designated as chief surgeon; and patrolmen to the number of two thousand three* hundred. The board of police shall have power to increase the police force by adding to the number of patrolmen from time to time, as far as the funds appropriated allow, but such increase shall not exceed one hundred in any one year. 206. Whenever a vacancy shall occur in the office of super- intendent of police, and in the absence or disability of the said superintendent, the president shall possess all the powers and perform all the duties of that office, subject to the orders, rules, and regulations of the board of police. But the commissioners of police may, by resolution, designate such other officer of the police force as they may choose to execute and perform the duties of the superintendent during the period of such absence or disability. § 207. 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^ the board of police. The board of police may, if requested by the board of health, employ their surgeons to aid the sanitary inspectors in the discharge of their THE POLICE FORCE dutieSj under such regulations and order as the hoard of police may make and issue. § 268. No person shall ever be appointed to membership in ;^ ,, ^;- u ' the police forc£. or continue to hold membership therein, who is Qimimeattag 1 ~ 1 fiiriiiHinL«Tshl|> not a citizen of the United States, or who has ever been con- *r «•'• victed of crime, or who cannot read and write understanding^ in the English language, or who shall not have resided within the State one year, but skilled officers of experience may he ap- ^ . .. ^ pointed for detective duty who have not resided as herein re- ^nV^s. quired. No person shall be appointed patrolman who shall be at the date of such appointment over thirty years of age, or who shall have' been convicted of any crime ; nor shall any per- son who shall have been a member of the force and resigned, or been dismissed therefrom be reappointed, except by the concur- ring vote of all the commissioners comprising the board, to be taken by yeas and nays, and recorded in the minutes. The name, resilience, and occupation of each applicant for appoint- ment to any position in the police department, as well as the name, residence, and occupation of each person appointed-to ap- position, shall be published, and such publication shall, in every instance, be made on the Saturday next succeeding such appli- cation or appointment in the City Record.' 26?. Th*> board of police may, upon an emergency or ap- psf'con^'aso. prehension of riot, tumult, mob. insurrection, pestilence, or Special patrol- invasion, appoint as manv special patrolmen without pay from Military ■ - HSSistflllCC among the citizens as it may deem desirable. The board of police, with the approbation in writing of the mayor, or, in case of their disagreement, the governor, may, under similar circum- stances, demand the assistance of the military of the first divis- ion, or of any brigade, regiment, or company thereof, by order in writing, served upon the commanding officer of such divis- ion, and such commanding officer shall obev such order. Special wra, cfojw H patrolmen, appointed m pursuance of law, may be dismissed by Qualifications resolution of the board ; and while acting as such special patrol- i^° ch . 886. men shall possess the powers, perform the duties, and be sub- S48 ' °° mp ' ject to the orders, rules, and regulations of the board, in the same manner as regular patrolmen. Every such special patrol- man shall wear a badge, to be prescribed and furnished by the board of police. § 270. Everv member of the police force shall have issued to iara, cu. 883, ",„■,. e • $56, Comp. him, by the board of police, a proper warrant of appointment, warrants of signed by the president of said board and chief clerk or first appomtmen ■ deputy, which warrant shall contain the date of his appoint- o ffl ^ a ' loatn ment and his ralik. Each member of the police force shall, before entering upon the duties of his office, take an oath of D8 J I i l ; POLICE FOR* E i«ra. eh. :x>. ye. lump 250. iW3. oh. 335 $55, Coinp. 253 Dismissals, etc.. from police force. 72 N. Y. (15; 90 Hun 888, MB. 1 878, ch. 885, |41, ( omp. 860. or n.y. iri. «4' I873.cli.33.-.. Comp. 961. Resignation*, etc. See 18T3. ch.755. $4. 1873. ch. 765, $5, C'omp. 257. iS73,ch.*S, g-J.!. C'omp. 250. 1873, ch. 755, §2. (.'omp. 250. Present force and pay continued. 75 N. Y. 3S; 17 Him, 280: 77 N. Y. 347. 1873,ch.335 $53. C'omp. 252. Exemption from jury and military duty. lSH,ch.-(03, §01, C'omp. 202. office, and subscribe the same before any officer of the police department who is empowered to administer an oatli. £ 271. Promotions of officers and members of the police force shall In- made by the hoard only on grounds of meritoriou.- police service and superior rapacity, and shall he as follow- : Sergeants of police shall he selected from among patrolmen assigned to duty as roundsmen ; captains from among sergeants ; and inspectors from among captains. § -272. The hoard of police shall have power, in its discretion, on conviction of a member of the force of any legal offense or neglect of dut)\ or violation of rules, or neglect or disobedience of orders, or absence without leave, or any conduct injurious to the public peace or welfare, or immoral conduct, or conduct un- becoming an officer, or other breach or discipline, to punish the offending party by reprimand, forfeiting and withholding pay for ft specified time, or dismissal from the force: but no more than thirty days' pay shall he forfeited for any offense. All such fines shall be paid forthwith to the treasurer of the depart- ment to the account of the police life insurance fund. Members of the police force shall be removable only after written charges shall have been preferred against them, and after the charges have been publicly examined into, upon such reasonable notice to the person charged, and in such manner of examination as the rules and regulations of the board of police may prescribe. 273. No member of the police force, under penalty of for- feiting the salary or pay which may be due to him. shall with- draw or resign, except by permission of the board of police. Unexplained absence, without leave, of any member of the po- lice force, for five days, shall be deemed and held to he a resig- nation, and the member so absent, shall, at the expiration of said period, cease to be a member of the police force. § 274. Every person connected with the police department on" the thirtieth day of April, eighteen hundred and seventy-three, and who remains so connected shall continue in office, and the amount of salary or compensation then legally paid to such per- son, except as in this act otherwise provided or authorized, shall be the salary and compensation fixed for his office; but the com- missioners ma3" fix the salary and compensation of such clerks and employees other than policemen whom they may be author- ized by law to employ. § 275. No person holding office under this department shall be liable to military or jury duty, and no officer or patrolman while actually on duty shall be liable to arrest on civil process, or to service of subpoena from civil courts. ♦ § 27G. No member of the board of police, under any pretense whatsoever, shall, for his own benefit, share in any present, fee. POWERS OF MKMBKUH OK POLICE FORCE. !»!* gift 01* emolument, tor police services, additional to his regular MtmbeMiiotto salary or cosVkpensation. The board of police, (>>r meritorious 11 and extraordinary services rendered by any member of the AuthorMg to police force in the due discharge of liis duty, may permit "* ' " any member of the police force to retain for his own benefit any reward or present tendered him therefor; and it shall be cause of removal from the police for any member thereof to receive any such reward or present without notice thereof to the board of police. Upon receiving said notice, the said board may either order the said member to retain the same, or shall dispose of it for the benefit of the police life insurance fund. The several members of the police force shall have ism, <&.«», faff, power and authority to immediately arrest, without warrant. Arrests without wan-ant. and to take into custody, any person who shall commit, or threaten, or attempt to commit, in the presence of such mem- ber, or within his view, any breach of the peace or offense di- rectly prohibited by act of the legislature, or by any ordinance of the city. The members of the police force shall possess, in the i8ra.ch.885, $51. city of New York and in every part of this State, all the com- cieroraip^wers inon law and statutory powers of constables, except for the of ,M,llce foreP " service of civil process, and any warrant for search or arrest, is- sued 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 seven, eight, and nine of chapter two, title two, part four of the revised statutes, in relation to the giving and taking of bail, shall apply to this chapter. § 27S. Any member of the police force, as the regulations of 1s0G.cn. u.jn. said boardf may provide, may arrest any person who shall, in Arrest for vio- view of such member, violate, or do. or be engaged in doing or la,innsof act - committing in said city, any act or thing forbidden by chapter twelve of this act, or by any law or ordinance, the authority conferred by which is given to the board of health, or who shall, in such presence, resist or be engaged in resisting the enforce- ment of any of the orders of said board, or of the board of police pursuant thereto. And any person so arrested shall be there- violations of after treated and disposed of as any other person duly arrested £?eanors! c ' for a misdemeanor. § 270. In every case of arrest by any member of the police force, the same shall be made known immediately to the supe- rior on duty in the precinct wherein the arrest was made, by the c^^ sea * person making the same; and it shall be the duty of the said su- perior, within twenty-four hours after such notice, to make written return thereof, according to the rules and regulations of the board of police, with the name of the party arrested, the i8ra,cb.886,ise, alleged offense, the time and place of arrest, and the place ofde- Toconwy tention. Each member of the police force, under the penalty of fore n nearest' Returns of POWERS OF MEMBERS OF POLICE FORCE. MtliiiK ma«is I rati-. When cletaineil at station- hoiiHtv I804,eh. 108, IMS, Comp. !!8I. Penalty for re- sisting police- men by force, or for falsely personating policeman. lSU-ti.-li.403, fc-.W Comp. 'Jo9. Misdemeanor for persons not members of po- lice force to serve process. 1867,ch.80G.§U, t'onip. 2G3. ten days' fine, or dismissal from the force, at the discretion of the board, shall, immediately upon an arrest, convey in person the offender before the nearest sitting magistrate, that he may he dealt with according to law. If the arrest is made during the hours that the magistrate does not regularly hold court, or if the magistrate is not holding court, such offender may be detained in a station-house or precinct thereof, until the next regular public sitting of the magistrate, and no longer, and shall then he conveyed without delay before the magist rate to be dealt with according to law. And it shall be the duty of the said board, from time to time, to provide Suitable rules and regulations to prevent the undue detention of persons arrested, which rules and regulations shall be as operative and binding as if herein specially enacted, subject, however, to the order of the court committing the person arrested. § 280. It shall be a misdemeanor, punishable by imprison- ment in the penitentiary, for not less than one year, nor exceed- ing two years, Or by a fine of not less than two hundred and fifty dollars, for any person, without justifiable or excusable cause, to use, or to incite any other person to use personal vio- lence upon any member of the police thereof, when in the dis- charge of his duty, or .tor auv member of the }>olice force to willfully neglect making any arrest for an offense against the law of this State, or ordinance in force in the city of New Fork, or for any person not a member of the police force to. falsely rep- resent himself as being such member, with a fraudulent design upon persons or property, or upon any day or time to have, use, wear, or display, without authority, any shield, buttons^vreaths, numbers, or other insignia or emblem, such as are worn by the police. § 281. 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 a sheriff, or one of the usual general deputies of any sheriff of this State, to serve any criminal process within the said city. § 282. It is hereby made the duty of the police force, at all times of day and night, and the members of such force are here- by thereunto empowered, to especially preserve the public peace, prevent crime, detect and arrest offenders, suppress riots, mobs, and insurrections, disperse unlawful or dangerous assemblages, and assemblages which obstruct the free passage of public streets, sidewalks, parks, and places; protect the rights of persons and property, guard the public health, preserve order at elections and all public meetings and assemblages, prevent and regulate the POWERS <>K SUPERINTENDENT \M> CAPTAINS. 101 movement of teams and vehicles in streets, anil remove all nui- Duty of tba sauces in the public streets, parks,and highways; arrest all street mendicants and beggars; provide proper police attendance at fires: assist, advise, and protect emigrant s, strangers, and travelers in public streets, at steamboat and ship landings, and at railroad stations; carefully observe and inspect all places ofpublicamuse ment, all places of business having excise or other licenses to carry on any business; all houses of ill fame or prostitution, and houses where common prostitutes resort, or reside; all lottery offices, policy shops, and places where lottery tickets or lottery policies are sold or offered for sale: all gambling-houses, cock- pits, rat-pits, and public common dance-houses, and to repress and rest rain all unlawful or disorderly conduct or practices there- in; enforce and prevent the violation of all laws and ordinances, in force in said city; and for these purposes, with or without warrant, to arrest all persons guilty of violating any law or or- dinance for the suppression or punishment of crimes or offenses. S? The superintendent of police, and each cantain of "*••«•»'• Comp. 200. police within his precinct, shall possess powers of general police oenoaipowew supervision and inspection over all liceuscd or unlicensed pawn- km^Vru"!',. brokers, venders, junk-shop keepers, junk-boatmen, cartmen. dealers in second-hand merchandise, intelligence-office keepers, and auctioneers, within the said city; and in the exercise of and in furtherance of said, supervision, may from time to time em- power members of the police force to fullfil such special duties in the aforesaid premises as may be from time to time ordained by tho board of police. The said superintendent, and each cap- •* .'•" '« 1 Searches, tain within his precinct, may, by authority in writing, empower any member of the police force, whenever such member shall be in search of property feloniously obtained, or in search of sus- pected 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 author- ized in writing by the said superintendent, shall be authorized to examine property alleged to be pawned, pledged, deposited, lost or stolen, in whosesoever possession said property may be; but no such propertv shall bo taken from the possessor thereof without . - .nr. 1 • Interference due process or authontv ot law. Anv willful interference with with search* * • •* misdemeanor the said superintendent or captain of police, or with any mem- ber of the police force, by any of the persons hereinbefore named in this section, whilst in official discharge of duty, shall be punished as a misdemeanor. ^ 2S+. The superintendent of police and "captains of police 1 02 SALARIES OP POLICE FOBCE. 1864, ch.403,gii. Comp. 200. Suppression of gaining houses anil lewd niwl obscene exhibitions 1878, cli 8SS, g68, Comp. 253. Id. §59. Detail of patrol- men at polls. To prevent booths, etc., being erected near polling places. ' 1864, cli.403, §C3. Comp. 201. Salaries. See 1873 ch. 335, §43; 17Hun,3SC: and persons acting by their, or by either of their Orders, shall have power to examine the hooks of any pawnbroker, his clerk or clerks, if they deem it necessary, when in search of stolen properly, and any person having in his |»os-ission a pawnbroker^ ticket, shall, when accompanied by a policeman, or by an order from the superintendent of police or captain of police, he allowed to examine the property purporting to he pawned hy said tickei ; hut no property shall he removed from the' possession of any pawnbroker without the process of law required by the exist in- laws of this State, or the laws and ordinances of the city regu- lating pawnbrokers. A refusal or neglect to comply in any re- spect with the provisions of this section, on the part of any pawn- broker, his clerk or clerks,- shall he deemed a misdemeanor, and punishable as such. § 285. If any member of the police force, or if any two or more householders shall report in writing, under his or their signature, to the superintendent of police, that there are good grounds (and stating the same i for helieving any house, room, or premises within the said city to be kept or used as a common gaming house, common 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 lottery policies, it shall be lawful for the superintendent of police to authorize, in writing, any member or members of the police force to enter the same, who may forthwith arrest all persons there found offending against law, hut none others; and seize all implements of gaming, or lottery tickets, or lottery policies, and convey any person so arrested before a magistrate, and bring the articles so seized to the office of the property clerk. It shall be the duty of the said superintendent of police to cause such arrested person to be rigorously prosecuted, and such articles seized to be destroyed, as the orders, rules, and regulations, of the board of police shall direct. § 286. It shall be the duty of the superintendent of police to detail, on each day of election, at least two patrolmen to each election poll. It shall be the duty of the police force, or any member thereof, to prevent any booth, or box, or structure for the distribution of tickets at any election from being erected or maintained within one hundred and fifty feet of any polling- place within the city, and to summarily remove any such booth, box, or structure, or close and prevent the use thereof. § 287. The annual salaries and compensation of the members of the police force who became members of such force before May twenty-ninth, eighteen hundred and eighty, shall be as follows: Of the superintendent, six thousand dollars: of the PROPERTY SEIZED BY POLICE FORCE inspectors, thirty-five hundred dollars each ; of poliC6 surgeons, j2S' Y, ift twenty-two hundred and fifty dollars each; of the captains, two "■■ '■■>> thousand dollars eaeh. and of the sergeaants, sixteen hundred dollars each; the pay of each such patrolman shall he at the yearly rate of twelve hundred dollars, and that of doorman at the rate of nine hundred dollars per year each. The salary WW, ch. sm, |8. attached to either of the following positions shall not exceed the ariestaeSeh** 1 sum here designated as the maximum salary of BUCB position when held hy any person appointed to the said police force on or after May twenty-ninth, eighteen hundred and eighty, to wit: For an inspector, three thousand dollars; for a captain, eighteen hundred dollars; for a surgeon, fifteen hundred dollars; for a sergeant, twelve hundred and fifty dollars. The members of the uniform force of the police department appointed to said force after May twenty-ninth, eighteen hundred and eighty, shall, on their appointment, become members of what shall be known as the third grade,' at a salary of eight hundred dollars per year; after two years of service irr such third grade, they shall, if their conduct and efficiency have been satisfactory, be advanced to what shall be known as the second grade, at a salary of nine hundred dollars per year; after two years' service in such grade, they shall, on like conditions, be advanced to what shall be known as the first grade, at a salary of one thousand dollars per year. But no member of such uniform force shall be so advanced as aforesaid, except after examination by and ap- proval of the said board of police of his record, efficiency, and conduct. The salaries and pay aforesaid shall be paid monthly to each person entitled thereto, in modes to be prescribed by the sra^as amende. i rules and regulations, subject to such deductions each month \m\ ch. m\ from the salary or pay of members of the force as the treasurer Comp ' 261 ' shall make (and which deductions he is hereby authorized to retain) to satisfy fines imposed on any member of the force, by way of discipline or punishment, as prescribed by the rules and regulations of the board. § 2SS. The commissioners of police may designate some person im, ch. U2 to take charge of all property alleged to be stolen or embezzled, swJ'jc^Oomp. and which may be brought into the police office, and all property stolen pro* taken from the person of a prisoner, and all property or money S^tachSrgB alleged or supposed to have been feloniously obtained, or which c ? e rk/ perty shall be lost or abandoned, and which shall be taken into »the custody of any member of the police force, or criminal court in the city of New York, or which shall come into the custody of any police justice or officer, shall be, by such member or justice, or by order of said court, given into the custody of and kept by the property clerk of the police. All such property and money shall be particularly registered by said property clerk in a book 104 I'ROPKUTY SKIZKI) 15V I'OLIC 'K I'OWK. Id, $62, Couip. 25-1. Return of prop- erty, etc Id. $w. C'liiimtiM.w ii. i- ship. 18^3, ch. ar>. $04. Lost property, etc., to be advertised in t'itv Hecord. 1881, ch. -142. §089. If not claimed in six months, to be delivered to commission- ers of chanties and correction. kept for that purpose, which shall contain the name of the owner, if ascertained, the place whore found, the name of the person from whom taken, with the general circnmstunees, the date of its receipt, the name of the officer recovering the same, the names of all claimants thereto, and any final disposition of such property or money. The said commissioners may prescribe regulations in regard to the duties of the clerk so designated, and require and take security for the faithful performance of the duties imposed by this section. £ 289. Whenever property or money shall be taken from per- sons arrested and shall be alleged to have been felonioush obtained, or to be the proceeds of crime, and whenever so brought, with such claimant and the person arrested, before some magis- trate for adjudication, and the magistrate shall be then and there satisfied from evidence that the person arrested isinnocentof the offense alleged, and that the property rightfully belongs to him, then said magistrate may thereupon, in writing, order such property or money to be returned, and the property clerk, if he have it, to deliver such property or money to the accused person himself, and not to any attorney, agent, or clerk of said accused person. § 290. 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. §291. 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 pei-son from whom such property was taken, and all lost property coming into the possession of any member of the said police force, and all prop- erty and money taken from pawnbrokers 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 them- selves, shall be transmitted, as soon as practicable, to the prop- erty clerk, to be registered and advertised in the City Record for the benefit of all persons interested, and for the information of the public, as to the amount and disposition of the property so taken into custody by the police. § 292. If property stolen or embezzled be not claimed by the owner, before the expiration of six months from the conviction of a person for stealing or embezzling it, the officer having it in his custody must, on payment of the necessary expenses incurred in its preservation, deliver it to the commissioners of charities and correction, to be applied for the benefit of the poor of the DUTIES OF POLICE AT REGATTAS. 1 1 15 city- All other property and money that shall remain in the raw.dh.aas, custody of the property clerk for the period of six months with- ' : p out any lawful claimant thereto, after haying been advertised in property -'i.'ii'i the City Kecord for the period of ten days, shall he sold at public auction in a suitable room to be designated for such purpose, and the proceeds of such sale shall be paid into the police life insur- ance fund. § If any property or money placed in the custody of the u.im. property clerk shall be desired as evidence in any police or other criminal court, such property shall be delivered to any officer who shall present an order to that effect from such court. Such property, however, shall not be retained in said court, but shall he returned to such property clerk, to be disposed of according to the previous provisions of this chapter. ji 294. It shall he lawful for the police commissioners, when- i-.:...!, r,r,.u ever they shall he notified in writing by the Metropolitan Asso* police commit elation of Amateur Oarsmen that a regatta is to he given under keepreSSa its auspices on the Hudson river, opposite Washington Heights, , '°" rs " ' '" nr Xew York city, to keep the course used for any such regatta free and clear of all boats and vessels of every description during the actual time of the regatta, which shall not exceed six hours "in any one day; provided, 1. That there shall not be more than five regattas in any one Prortso, year. 2. That the course selected for such regattas shall be ahove Seventy-second street, and far enough up the river so as not to interfere with any line of ferry hoats running on their regular course and trips. 3. That said regatta course shall not exceed in breadth more than one-fourth the width of the river from either shore, nor shall it exceed more than three miles in length. £205. The course selected for any such regatta shall be „ J ° Id. §{2, 3, 4,5, G. plainly marked out by buoys or boats anchored; such buoys or course, how boats shall have a flag placed upon them, so that they may be a^etc™, readily seen. No boat, vessel, or steamboat of any description ,herPO " shall be allowed on said regatta course during the actual time of any regatta, except by the consent of the officers in charge of such regatta. Any person rowing a row-boat or pilot of a sail- y ,^, ty fot . boat, sailing vessel, or steamboat, willfully going upon said rSS^dtJ regatta course, aud thereby interfering with the regatta, shall be r, *" nt,a deemed guilty of a misdemeanor, and shall be liable to a penalty of not less than one hundred dollars, nor more than two hundred and fifty dollars, or imprisonment in the county jail for a time not to exceed three months, or to both) penalty and imprison- ment. • The fine or penalty to go to the police fund. It shall be D | SposiUon of the duty of the police commissioners to furnish a sufficient mini- p«>*>«r- SANITARY COMPANY OF I'OI.H K. Police.,. ber of police to keep said regatta course clear, and they shall have power to arrest any person or persons going upon such regatta course during the time of the regatta in violation of thi^ ''I,',?,,',':". or the preceding [section. Nothingin thisorthe preceding section contained shall apply to, or be so construed as to interfere in any w ay with, sailing vessels actually engaged in commerce while proceeding on their course. i8ft> ck. 800, |5. §290. The board of police upon the requisition of the board i:..ar.i,,f h.-aiui <>f health, shall < 1 « • I : t i I to the service of the said board of health. may make requisition on f or ti 10 purpose of the enforcement of the provisions of the acts board ot ponce .it * I.V.ps';', 1 ,'^, 1 ,',,'''.!!,. relating to tcii' inents and lodging houses, not exceeding thirty luw suitable officers and men of experience of at least five years' <,f force t<> !>.■ service in the police force, provided that the board of health shall detailed. 1 ' * pay monthly to the board ot police a sum equal to the pay of all officers and men so detailed. These officers and men shall belong- to the sanitary company of police, and shall report to the presi- dent of the board of health. The board of health may report back to the board of police, for punishment, any member of said company guilty of any breach of orders or discipline, or of neg- lecting his duty, and thereupon the board of police may detail another officer or man in his place, and the discipline of the said members of the sanitary company shall be in the jurisdiction of .Visripiin.-.i lue board of police, but at any time the board of health may ob- ject to the efficiency of any member of said sanitary company, and thereupon another officer or man may be detailed in his place. vacancies. The board of police shall have the power, and it shall be their duty, to fill all vacancies in the police force of the city caused by the detailing of said officers and men. upon the requisition of the board of health. isso ch 588 ga § Upon the application of any person residing within the Applications 'to precinct, it shall be the dutvof the captain or other officer at the be registered 1 " • ■ * as physician, desk to register in a book kept open for that purpose the name and address of any person desiring or needing medical attendance, "with the name or address of the person making such application, and without delay to select and notify of such application one from the list of physicians who have registered in said precinct as thereby pledging themselves to respond to any call for medical attendance, and who have been certified by the registrar of vital ,« ■ • statistics of the board of health as being in good and regular Physician to ue o o o c«»ed- standing. It shall be the duty of the captain or other officer at the desk, in the absence of any expressed preference by the ap- plicant, to select and notify, from the list of physicians thus re- gistered, the name of the physician residing nearest to the resi- dence of the said patient in whose behalf application is made. w §3 § 29S. It shall be the duty of the captain, sergeant, or other unchanged. officer at the desk, in such police precinct as before specified, upon NlfiHT MKDICAI. SKHVICE. 107 registry of any application as described in the preceding see! inn"; ;J. 1 ' | ';;;'/ s , ; i . , 1 , j , i , i , i i immediately to detail an officer whose duty^it shall be to ". call upon such physician without delay, and -to conduct him to the residence of the patient, also to verify by personal inspection or inquiry the name and address of such patient as* registered by his superior ofticer. Every officer thus' detailed as messenger shall be furnished with a blank certi- ficate, upon which the name and address of the physician Btaaktoba responding to the call, the name and address of the patient niedbyomcei attended, and the date and hour of the visit shall be written by him alter he has conducted the physician to the patient's resi- dence and verified the genuineness of the application. Such cer- n i i_ • • i Certificate to be titieatc shall be signed bv him and given to the phvsician, and .^m.. o •» «=> • j • physician, shall specify upon its face that the physician therein named is en- titled to the sum of three dollars from the public funds, upon presentation thereof to the proper officer, and indorsement there- of in writing with the name of the captain of the precinct. But ... ,. , , ... Payment to he it shall he the dutv of the phvsician making such visit to present requested or J . la. a patient. 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 treasurv. In default of the imme- in default oi if • t • n . i , payment cash diate payment of the said fee specified m the said certificate, by ferof ooardoi " r J i ' " health to paw the patient or his or her attendant, it shall be the duty of the captain of the police precinct in which the visit was made to in- dorse it with his name; and thus indorsed it shall be the duty of the cashier of the board of health to pay at sight the fee afore- said, and to enter the payment in a book provided for that pur- pose and take up the certificate. And all certificates thus re- ,.».--. , deemed shall be valid debts to the amount therein named, against the patients therein named, or their guardians, which the said board may order collected by due process of law, provided that no prosecution shall be instituted in cases where it is satisfactorily shown that the patient is without sufficient means for the pay- ment thereof. § 299. It shall be the duty of every- physician thus called to the medical assistance of any person within the police precinct in g ( JJj^ lcaler which he is registered to transmit to the registrar of the board jjjjj^gft* of health, within twenty-four hours after the call shall have board of health, been answered, a full and accurate statistical exhibit of the case, specifying therein the age and sex and the employment, profes- sion or business of the patient, the nature of the disease, the hour of the attack, when practicable, the date, and the police precinct, and ward in which the case occurred ; the same shall be signed with the full name and address of the physician ren- |0* NIGHT MEDICAL SERVICE. ltla»l;s to he provided. Id. |5. Physician near est to be (tr 'iill.nl. When physi- cian's name to lie enMed from list. Id. p. Bulletin to U- posted, if cap- tains deem necessary, in hotel and dis- trict telegraph offices, Id. Id. sr. Hours of service. 1878, ch. 389, §1. Comp. 975. deringit, but the name and address of the patient shall always be omitted. And it shall be the duty of the board of health to provide all physicians thus registered for night medical service with appropriate blanks for the said purpose upon their applica- tion therefor. 300. Any policeman who shall b3 detailed as messenger according to the provisions hereinbefore specified shall, in the absence of preference expressed in the application, call the physician nearest and most convenient to tin.- patient's residence] or, in the absence or refusal from any cause of the latter, the physician next nearest, and so on. And there shall be no delay or waiting for such physician to return ; and any member of the force neglecting to comply with this provision shall be sub- ject to trial and tine, or dismissal from the service by the board of police in the same manner as for other offenses cognizable by the said bod)'. And any physician thus registering who shall twice refuse or neglect, without reasonable excuse, to answer a call made according to the provisions of the three preceding sections, shall be subject to have his name erased from the list, upon proper evidence thereof submitted to an executive officer who shall be appointed by the registrar of vital statistics of the board of health, and shall be under his immediate supervision. § 301. The captains of the several police precincts shall cause the names and addresses of such physicians as have been duly certified by the registrar of vital statistics to be plainly and legibly written or printed on a bulletin provided for that pur- pose, which bulletin shall be placed at a convenient point near the captain's desk, and kept open to the inspection of all persons within the precinct desiring to see the same. They may, if in their judgment it shall be necessary to the public convenience, cause the bulletins of physicians herein specified to be posted in the hotels and district telegraph offices within their respective precincts, but any applicant applying at such hotels or telegraph offices, or desiring the services of any messenger other than a member of the-police force detailed for the purpose, shall em- ploy such messenger at his own expense, and shall be liable for any expenses incurred in communicating with the police pre- cinct. § 302. The period during which the aforesaid physicians shall be held to be subject to call shall be between the hours of ten in the evening and seven in the morning, from October first to March thirty-first, inclusive, and between the hours of eleven in the evening and six in the morning, from April first to Sep- tember thirtieth, inclusive. § 303. The police commissioners are^ board of trustees of the police pension fund hereinafter mentioned. They shall from POLICE PENSION FUND. time to time choose one of their number t" be chairman and - » i » - '"' point a secretary. The treasurer of the hoard of police connnis- tivumuvi doners shall be treasurer of the hoard of trustees. Such board !„," , of 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 are empowered i" make all necessary contracts and take all necessary and proper actions and proceedings in the premise-, and to make payments from said fund of pensions granted in pursuance of this chap- ter, and also pensions now charged on said fund by or under existing laws, and said hoard of trustees shall he the legal suc- cessors of the trustee or trustees of the police life insurance fund. The said trustees shall, from time to time, establish such ' rules and regulations for the administration of the police pension fund as they may deem best. They shall report in detail to the board of aldermen annually, in the month of January, the con- dition of the police pension fund, and the items of their receipts and disbursements on account of the same. Xo payments what- f*o payment* to 1 J foe mode for ever shall be allowed or made by said trustees as reward, gra- »«*« tuity, or compensation to any person for salary or services ren- dered to or for said board of trustees. §304. The police pension fund, and all moneys, securities, Id ' °o revenues ,*and incomes thereof, in whose hands soever the same fundtoheuaM to trustees. may be, shall be paid over and delivered on demand to the trus- tees of said fund. ;j 305. The police pension fund shall consist of: u M 1. The capital, income, interest, dividends, cash deposits, what fund to securities, and credits formerly belonging to the police life insur- Police ufein- ,, . " 1 . I «. Burancefund. ance fund, with the addition thereto from time to time of, 2. All fines imposed by the board of police upon members of pines, the police force : and. 3. All rewards, fees, gifts, testimonials, and emoluments pre- sented, paid, or given to any member of the police force for account of police services, except such as have been or shall be allowed by the board of police to be retained by said member; and, -I. All lost or stolen money remaining in the bauds of the r^ost or stolen property clerk for the space of one year, and for which there , ' r " l> shall be no lawful claimant, and moneys arising from the sale by the said property clerk of unclaimed property ; and, 5; A sum of money equal to three dollars per month for each Deduction from member of the police force, paid and to bo paid monthly by the 1>a> 1)0 treasurer of the board of police commissioners to the treasurer of the board of trustees of the police pension fund from moneys deducted from the pay of, members of said force on account of lost time. I 111 I'OLK K I'KNSION I M M). is;'.i. .'ihi < i Comp. 270. Trustee! may grant pension. To « Mow l hi li ran. Di?.t)ilcd policemen. SuperannuaU-d policemen. ia. *r, .is amended )8;9, ch. 527, il, Oomp. 277. Term of serv- ice, how deter- mined. § :;oti. The board of trustees of the police pension fund bays power to grant pensions as hereinafter provided, to any person who was a member of the police force of said city on Juno fourth, eighteen hundred and seventy-eight, or to any person who lias since or may hereafter become a member of the police force, to he paid from the police pension fund by the hoard of trusteed thereof, as follows : J. To the widow of any person who was a member of the police force on June fourth, eighteen hundred and seventy-eight, or has since hecome such member, or who may hereafter become a member of the police force, who shall have been killed while in the actual performance Of police 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 shall hereafter die after ten years of service in the police department of the city, provided such death shall not have been caused by any misconduct on his part, a sum of three hundred dollars per annum. 2. To any child or children under eighteen years of age of such member of the police fore;; killed or dying 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. To any such member of the police force who, whilst in the actual performance of police duty, and by reason of the per- formance of such duty, and without fault or misconduct on his part, shall have become permanently disabled, physically or mentally, so as to be unfitted to perform full police duty, a sum not to exceed one-half nor less than one-fourth of his rate of compensation per annum. 4. To any such member of the police force of said police department who shall, after ten years membership, become superannuated by age, or rendered incapable of performing full police duty by reason of disability or disease contracted without misconduct on his part, a sum of three hundred dollars per annum. 5. To any such member of the police force who shall, after fifteen years of membership, become superannuated by age, or rendered incapable of performing full police duty by reason of disability or disease contracted without misconduct on his part, a sum of four hundred dollars per annum. In determining the term of service of any member of the police force under the provisions of this section, service in the late municipal and metropolitan police department, and subsequently in the police department of the city of New York, shall be counted and held to be police service in the police department of the city of Xew York. POLICE PENSION FUND. Ill inrt>, ata. 881, Oomp. '-!77. Itetireil jxilli't- men. Officers who left the force to volunteer in the army. Id. SO. When pensions to terminate. Id. S& Pensions to police force to be granted on certificate of surgeons of tlepartment. ;!i»7. Any suc h member of the police force who has <»r shall have performed police duty for a period of twenty years <»r up- wards, upon his own application, or upon the certificate of the hoard of surgeons of the department of police, certifying that such policeman is permanently disabled so as to he unlit for po- lice duty, may, in the discretion of the board of police, by reso- lution unanimously adopted by a full board, be retired from ser- vice and placed upon the police pension roll, and thereupon shall be awarded, granted, and paid from said police pension fund, by the trustees thereof, an annual sum during his lifetime not ex- ceeding one half nor less than one-fourth the full pay of a mem- ber of said police force of the rank of the member so retired; provided, however, that no pension granted under the provisions of this or the last preceding section shall exceed the sum of dhe thousand dollars per annum. Pensions granted under this sec- tion shall 1« for the natural life- of the officer, and shall not be revoked, repealed, or diminished. In case any officer shall have voluntarily left the police department and entered into the United States service and served during the war of the rebellion and received an honorable discharge, and afterwards shall have been reinstated in the police department, the time of his service in the army shall be considered as a portion of his service in the police department. § 308. Pensions to widows shall terminate when the widow shall remarry, and pensions to children shall terminate when- ever the children shall respectively arrive at the age of eighteen years. The board of police may, in its discretion, order any pensions granted, or any part thereof to cease, except in the case of members of the police force retired after twenty years' service, as provided in the last preceding section, but in all such' cases the said board of police shall file with the trustees of the police pension fund a written statement of the causes which determined them in ordering any pension to so cease, and nothing herein or in any other act contained shall render the granting or payment of such pension obligatory on the board of police or upon the trustees of the police pension fund, or charge- able as a matter of right upon said police pension fund, except as provided in the last preceding section. ^ G09. No member of the police force shall be awarded, granted or paid a pension on account of physical or mental disability or disease, unless upon the certificate of the board of surgeons of the department of police, which shall set forth the cause, nature, and extent of the disability, disease, or injury of each member of the police force who may be placed upon the pension roll, and said certificate shall distinctly state whether or not such dis- ability, disease, or injury was incurred or sustained by said L12 INSI'KCTION OF STKAM HOII.KKS. $1. mi. Ox. BS Couip. ~> : i- Report of and Inspection of ■team boilers 1874, eh. DM, SI, Coiup. 274. Exenipt'oi from further inspection oi.d penalties. Id. & Companies to make monthly returns to inspectors. member of the police force m the performance of police duty: and such certificate shall in each case be filed with and entered upon the minutes of the board of police. § 310. Every owner of a steam boiler or boilers in use in the city of New York shall annually, and at such convenient times and in such manner and such form as may by rules and regula- tions to be made therefor by the board of police, be provided, re- port to the said board the location of such '-team boiler or boil- ers, and thereupon, and as soon thereafter as practicable, the sanitary company, or such member or members thereof as maj be competent for the duty herein described, and may be detailed for such duty by the board of police, shall proceed to inspect such steam boiler or boilers, and all apparatus and appliances connected therewith; but no person shall be detailed for such duty except he be a practical engineer, and the strength and security of each boiler shall be tested byliydrostatic pressure: and every boiler or boilers so tested shall have, under the con- trol of said sanitary company, such attachments, apparatus and appliances as maybe necessary for the limitation of pressure, locked and secured in like manner as may be from time to time adopted by the United States inspectors of steam boilers, or the secretary of the treasury, according to act of congress, passed .Inly twenty-fifth, eighteen hundred and sixty-six; and they shall limit the pressure of steam to be applied to or upon such boiler, certifying each inspection and such limit of pressure to the owner of the boiler inspected, and also to the engineer in ( barge of the same ; and no greater amount of steam" or pres- sure than that certified in the case of any boiler shall bo applied thereto. In limiting the amount of pressure, wherever the boiler under test will bear the same, the limit desired by the owner of the boiler shall be the one certified. Btrt all steam users, manufacturers or corporations possessing the guaranteed certificates, unrevoked and in full life, of any fire insirrance company now incorporated or hereafter- incorporated, or of ac- company organized or hereafter organized, for the purpose of making guaranteed steam boiler inspections, and which shall have complied with the insurance laws of the State, having duly filed a statement with the superintenent of insurance or other authorized officer, bf its conditions, and duly paid license fees and taxes, shall be exempt from such inspections. § 311. Any company referred to in the last preceding section which has complied therewith shall, at least once in each month, make and file returns, under oath, with the board of police, of all inspections made by them of steam boilers and of all certifi- cates issued by them, and those at the time of making said re- turn either in full force, unrevoked or canceled. Each and everv POLICE CONNECTED with TELEGRAPH COMPANIES. company bo authorized and making insurances and failing to niako such returns as aforesaid, shall nay the penal Sum of fifty , i j l j penalty for dollars for each and every failure or neglect to make and file said returns, the same to he recovered by suit to be brought by the hoard of police. "• *> f* «> §812. The hoard of police shall preserve in proper form a ^ w « correct record of all inspections of steam boilers made under its r, ""i> .... T^ii p ■. A rocnnl to hi- direction, and ot the amount of steam or pressure allowed in [••••I'H'.v i , , . , I'm board, each case, and m cases where any steam hoiler or the apparatus or appliances connected therewith shall he deemed by the hoard, after inspection, to he insecure or dangerous, the board shall prescribe such changes and alterations as may render such boil- ers, apparatus and appliances secure and devoid of danger. And in the mean time, and until such changes and altera- tions arc made, and such appliances attached, such boiler, appa- ratus and appliances may he taken under the control of the hoard of police, and all persons prevented from using the same, and in cases deemed necessary, the appliances, apparatus or at- tachments for the limitation of pressure may be taken under t he control of the said board of police. And no owner or agent of any steam boiler shall employ any person as engineer without their having a certificate as to qualification from practical en- gineers, to be countersigned by the commissioners of police. ^ 313. Any person applying, or causing to be applied, to any steam boiler a higher presssure of steam thau that limited for comp.zn». the same, in accordance with the provisions of this chapter, la^S^/Sb " 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 imported for inspection as provided by law, such boiler may bo taken under the control of the board of police, and all persons prevented from using the same until it can be satisfac- torily tested as hereinbefore provided for, and the owner shall in such case be charged with the expense of so testing it. £ 314. The board of police is horebv authorized, in addition ^ ° 1 - ' 1KS0. eh. 90, to the police force now authorized by law, to appoint a number Hi,M of persons, not exceeding two hundred, who may be designated be^jSSSed^ by any company which may be operating a system of signaling telegraph com by telegraph to a central office for police assistance, to act as l^weTsor. special patrolmen in connection with such telegraphic system. QNMiflcatfona And the persons so appointed shall, in and about such service, Revocationo! have all the powers possessed bv the members of the regular *§y andex- " force, except as may be limited by and subject to the supervis- i»>™.-V > ••' ion and control of the board of police. No person shall be ap- pointed as such special patrolman who does not possess the qualifications which may be required by the board of police for 114 POLICE CONNECTED WITH TELEGRAPH COMPANIES. said special service; and the persons so appointed shall be sub- ject, in case of emergency, to do duty as a part of the regular police force. The board of police 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 board of police. Such uniform shall be designated at the time of the first ap- pointment under this section, and shall be the permanent uni- form 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 board of police for, or by reason of, the services of the persons so as aforesaid appointed. 1673, ch. MS, s"o, Comp. 881, Deputy. 59 How. 333. Powers of 1873, oh. 885, |71, Comp. 282. Department to have control of Croton water. Streets, etc. 5 Rob. 192. 15 Abb. X. S. 115. 1890. eh. 3;3. CHAPTER IX. Of the Department of Public Wobks. Title 1. — General Powers ami Duties of the Department. ;> olo. The commissioner of public works may appoint a deputy commissioner of public works, who shall, in addition to his other powers, possess every power and perform all and every duty belonging to the office of said commissioner, whenever so empowered by said commissioner by written authority, desig- nating therein a period of time not extending beyond the period of three months, nor be}'ond the term of office of the said com- missioner of public works, during which said power and duty may be exercised ; and such designation and authority shall be duly filed in and remain on record in the department of public- works. The said deputy commissioner of public works shall possess the like authority in the case of the absence or disability of the commissioner of public works. § 310. The department of public works shall have cognizance and control : 1. Of all structures and property connected with the supply and distribution of Croton water. 2. Of the collection of the revenues arising from the sale or use of the Croton water. 3. Of opening, altering, regulating, grading, flagging, curb- ing, guttering, and lighting streets, roads, places, and avenues. 4. Of repairing and construction of public roads. 5. Of the care of public buildings, including the buildings known as the county court-house buildings. 0. Of the filling of sunken lots. 7. Of public sewers and drainage. 8. Of street vaults and openings in sidewalks. DKPART.MK.VT OF 1MT.1.K WORKS. 115 9. Of paving-, repairing, and repaying streets, and keeping iw,ch.au; the same clear of obstructions, and of the relaying of pave- i8n.eh.8iv, tnent removed for any cause. a^cb^m, 10. Of digging and constructing wells, m^^m, 11. Of the care, management, and maintenance of the public i V-ir-'-H , , , Comp. 350. uains. 1887, cb. ats, 12. Of the location, erection, establishment, and maintenance (A "" I> of public urinate. § 317. There shall be eight bureaus in the department of public works : 1. A bureau for laying water pipes, and the construction and im,4b.m, repair of sewers, wells, and hydrants, paving and repairing bib««m! P streets: the chief officer of which shall be called "water pur- *«*erpor 1 vcyor. veyor." 2. A bureau for the collection of revenue derived from the Water register sale and use of water ; the chief officer of which shall be called " water register." 3. A bureau having care of all structures and property con- nected with the supply and distribution of Croton water ; the of h cro P to^ eer chief officer of which shall be called "chief engineer of the aquoduct Croton aqueduct," with power to appoint and remove at pleas- ure, and detail a staff of assistant engineers. He and they must be civil engineeis of at least ten years' experience. •t. A bureau for grading, flagging, curbing, and gutte ring Superiu*-»ndent streets; the chief officer of which shall be called " superinten- fmprwements dent of street improvements." 5. A bureau of lamps and gas; the chief officer of which superintendent shall be called " superintendent of lamps and gas." £ ag au,psmu 6. A bureau of streets and roads; the chief officer of which shall be called "superintendent of streets." 7. A bureau of repairs and supplies, which shall have eogni- * . , .superinten '"nt zance of all supplies and repairs to public buildings, works, lands, of regain and and places, and all other necessary repairs aud supplies not pro- vided for in other departments; the chief officer of which shall be called " superintendent of repairs and supplies," and shall be a practical builder. • » S. A bureau for the removal of incumbrances on the streets superintendent or sidewalks or public ground not inclosed in any park; the chief officer of which shall be called the " superintendent of in- cumbrances," to whom all complaints shall be made, and by whom such incumbrances shall be removed. § 318. The street or roadway through "Washington park or square, running from Fifth avenue on the north to South Fifth comp.VT '' * avenue on the southeast, shall be continued in use as one of the s,reet public streets of said city under the cjiarge of the department, of public works. 118 BUREAUS IN DEPARTMENT OF PUBLIC WORKS, i ih,.;., i, . Whenever any portion of the pavement in any street Proceedingm or avenue in said city sball. have been removed for] any of the x„tio,. " purposes mentioned in the preceding section, and such pave- ment sball not be relaid in a manner satisfactory to the commis sioner of public works, he may cause a notice in writing to be served upon the person or corporation by whom the same was removed, or, if such removal was for the purpose of making connection between any house or lot, and any sewer or pipes in the street, or for constructing vaults, or otherwise improving any house or lot, upon, the owner or occupant of such house or lot. requiring such person or corporation, or the owner or occu- pant of such house or lot, to have such pavement properly relaid within five days after service of such notice. Such notice may be served upon the owner or occupant of a house or lot by leav- ing the same with any person of adult age upon said premises. In case such pavement or portion thereof shall not be relaid to S«nt ro ' paT8 " the satisfaction of said commissioner within the time specified in such notice, it shall be lawful, and authority is hereby given to said commissioner to have such pavement, or the portion thereof which shall have been so unsatisfactorily laid, put in proper order and repair, in such manner as the said commission- er may deem best, on account of the person or corporation by whom such pavement was removed, or of the owner of the premises for whose benefit such removal was made. Upon the cost of such work being certified to the comptroller of the city of NeW York by said commissioner, with a description of the lot or premises to improve which such removal was made, said comptroller shall pay the same, and the amount so paid shall become a lien and charge upon thelpremises so described, and on being certified by the comptroller to the collector of assess- ments and clerk of arrears, may be collected in the same man- ner that arrears of Croton water rents are collected under the direction of the collector of assessments and clerk of arrears. But if such removal was made by any person or corporation, and not for a connection between any house and sewer, or pipes, or to otherwise benefit any house or lot, upon the said commis- sioner certifying in writing such facts to the said comptroller IIS DUTIES OF COMMISSIONER OF PUBLIC WOKKS. 18V3, cli. 335.S70, Comp. 83, 281. Unchanged. Obstructions on sidewalks, etc. 18r3.cli.33.".. $70. Comp. 83. 281. 1849, ch. 383, |4, Comp. 291. 18G5, ch. 381. SSI. 2, 3, Comp. 343. Sewerage dis- tricts; maps of location, etc., of sewers. 8 Hun. G.">; G2 N. Y. 618;53id.647; 46 id. 178; &3 id. 535; 47 id.55(j; 52 How. 120. 18 Hun. 582. Commissioners to employ engi- neers, acquire lands, etc. with the cost of repair, and the name of the person or corpora- tion by whom or by whose direction the pavement so repaired was removed, said comptroller shall pay such cost, and shall transmit a copy of the said certificate to the counsel to the cor- poration, who shall proceed to collect the same by suit against the person or corporation by whom the pavement was removed, and such person or corporation are hereby made liable to pay the same. Upon the trial of any such suit the said certificate of the said commissioner shall be conclusive evidence of the cost of such repair. § 324. It shall be the duty of the commissioner to remove all obstructions now existing, or which may hereafter be placed upon any street or sidewalk, or public ground not inclosed in any public park. § 325. Whenever the words "street commissioner" shall occur in any existing law, ordinance, resolution, contract, or document, it shall be deemed to mean the commissioner of pub- lic works, and whenever in any law, or in any ordinance of the corporation, the words " street department " shall occur, it shall be deemed and construed to mean the department of public works and the commissioner thereof 1 . § 32G. The department of public works shall have charge of the construction, repairs, and cleansing of all the sewers and underground drains, subject to the general plan which has been or may be adopted for the sewerage and drainage of said city, except those in the Twenty-third and Twenty-fourth wards. § 327. The commissioner of public works shall have power to devise and frame, so far as the same has not already been done, a plan of sewerage and drainage of the whole of said city, except in the Twenty-third and Twenty-fourth wards, for the purpose of thoroughly draining and carrying off water and other matter proper to be carried off by sewers. The said commissioner shall, so far as the same has not already been done, lay out the said city into as many sewerage districts as he*may deem neces- sary for the aforesaid purpose, and shall also determine and show on suitable maps or plans the location, course, size, and grade of each sewer and drain proposed for each of said dis- tricts, and the proposed alterations and improvements in exist- ing sewers, and shailalso determine and show on said maps or plans the contemplated depths of said sewers and drains below the present surface and also below the established grades of the streets and avenues in each of said districts, and such other par- ticulars as may be necessary for the purpose of exhibiting a complete plan of the proposed sewerage therein. The said com- missioner shall appoint and employ such engineers, surveyors, inspectors, and other persons, and take and acquire, in accord- DUTIES or COMMISSIONER OF PUBLIC WORKS. 119 ance with existing laws, such lands as may be necessary for the prosecution of the work authorized by this section. § 328. Upon the completion of the map or plan for the drain- gjj**.o«n* ago of any sewerage district, such map or plan shall he the per- SgSnt^JJf manent plan for the sewerage of such district, subject, however, to such subsequent modifications as may become necessary in consequence of alterations made in tho grade of any street or avenue or part thereof in said district, or otherwise. Copies of such complete plans shall be made and filed by said commis- sioner in the offices of the board of alderman and comptroller. The construction of the work under said plans shall have pre- cedence over aud shall not be interfered with' by any work con- nected with other street improvements in said district. £329. The said commissioner, upon the completion of the plan of sewerage of any district, and the filing of copies thereof as Printed nedfl- required by the last preceding section, or as soon thereafter as contracts'for may be convenient, shall cause printed specifications to be made wo in accordance with said plan of the work proposed to be done in said district, and shall thereupon invite proposals in the manner now required by law, and shall contract for the whole or any part of the work in said district. Upon the completion of the certificate of whole of the work embraced in any contract made in pursuance naturaofvo^ of this title, the said commissioner shall file in the office of the board of assessors in said city, a certified statement of such completion, and of the nature and extent of the work done, and the prices upon which the contract was awarded, together with a written description and map of the property benefited by such work, in the manner now required by law in the matter of street improvements in said city. The expenses incurred by said commissioner in pursuance of this title, including the cost of land, shall be assessed upon the property benefited by the im- provement made ; and such assessment shall be laid and con' firmed and collected in accordance with the laws relative to assessments now in force in said city. § 330. The said commissioner is authorized to insert in each iai5,ch.«8i $1 contract made by him under this title, a provision that navments ^ omp m i . - - . . . , , 1 J Certain per- by monthly installments of seventy per cent, of the amount of L-ent , a K eof ii mi i i _ , . , r work done to be work done will he made during the progress of the work, the paid for duri "z x ° * progress of remainder of the moneys to be retained until the confirmation " ork of the assessment, and then paid in accordance with the terms or conditions of said contract. It shall be the duty of the comp- troller, upon the requisition of the said commissioner, to pay- all the expenses mentioned in the last preceding section, from the proceeds of assessment bonds to be issued in accordance with law. ] ■_>( I DUTIES OF COMMISSIONER OP PUBLIC WORKS. id. $«• All sewers in In- In accordance with general plan of com- missioner. Id. S9, as aineiideil 1MC0, ch. 551, |1. Duty of com- inissloner of public works. Of Comptroller. Id. §11, us amended lKtlti, ch. 551, it, C'omp. 345. Certificate to board of assess- ors. IN*), ch. 505. $1. Commissioner to complete jfrading. etc. 18S0, ch. 565, §2. Duty of com- missioner to transmit to • 331. It shall not bo lawful hereafter to construct any sewer or drain in the city, unless such sewer or drain shall be in ac- cordance with the general plan devised by said commissioner for the sewerage of the particular district in which such sewer or drain is proposed to be constructed. § 332. In order to provide f<>r the more effectual and econom- ical construction of said sewers, the said commissioner may contract, in pursuance of law, for such materials used in the construction of sewers, and in such quantities as he may deem proper ; and it shall be lawful for the coinptrol lei to pay, on the requisition of said commissioner, from the proceeds of assess- ment bonds authorized to be issued, for such materials, and the expenses for engineers, surveyors, inspectors, or other persons employed by authority of said commissioner, in the construction of sewers. ji 333. It shall be the duty of the commissioner of public works, upon the completion of any sewer constructed by virtue of the preceding sections, to certify to the board of assessors the quantity of mater#ds used and the price thereof, and the charges for engineers, surveyors, inspectors or other persons, which have been paid by virtue of the last preceding section, for each sewer constructed by such authority, in order that the expenses for said materials and labor may be properly appor- tioned, together with such other expenses as may lawfully be incurred in said construction on the property benefited by the -aid improvement. >j 331. The commissioner of public works is hereby author- ized and directed to complete the regulating, grading, curbing and guttering, construction of roadways, flagging the side- walks, the planting of shade trees, construction of sewers, and of the necessary retaining walls to support the roadways and sidewalks of the streets and avenues bounding Morningside park, according to such plans as the said commissioner may deem for the best interests of said city ; all such work and the materials necessary therefor to be done and procured by one or more contracts made at public letting in the manner provided by law, except that the said commissioner is hereby authorized to appoint such engineers, or such other persons as he shall deem proper; to make the necessary surveys, estimates, plans and specifications, and supervise the construction of the work herein mentioned to be done by said commissioner, and the expense thereby incurred shall be included in the assessment for the work. § 335. It- shall be the duty of the said commissioner to trans- mit to the board of assessors, upon the completion of said works, or any portion thereof, as the said commissioner may DUTIES OF COMIOSSONER OF PUBLIC WORKS. 121 deem advisable, his certificate of (he aim units heretofore ex- i ■u,i..i . • 11 t i* ow •mount ponded upon said works, together with tlie expenditures hereof- expended, ete tor incurred upon (he same by him under the provisions of the preceding section. . . . . Id. S3. §886. The said commissioner is hereby authorized and ch„„ K ,. „f directed to change and adjust the grades of the streets and ave- SSwaVetc. nues hounding said park in such manner as he may deem for the best interests of the public; provided that such altered grades shall, at the intersection of the centre line of any abut- ting street or avenue, coincide with the present established grade of such abutting street or avenue; and it shall be the duty of the said commissioner to file in the department of public parks, in the department of public works, and in the office of the regis- ter of the city and county of New York, a map or maps, duly certified by him, showing the grades of said streets and ave- nues as so changed and adjusted, and upon the filing of said map or maps as herein provided, the grades shown therein shall be deemed established as shown on said map <>r maps. ;j 3.°)T. The department of public work* shall have control of Id-S4i the care and maintenance of said streets and avenues, and the control or 7 streets, etc. improvements upon the same, after completion. s ;'3S. Permission and authority is hereby given to the com- 1,1 missioner of public works to place the slope or batter of the oroatterot ope retaining walls within the limits of the said Morningside park, Umitsof park, and the said commissioner and the contractors and their em- ployees for doing said work may enter and occupy that part of .Morningside park fronting the avenues adjacent thereto, for such time as maybe required for the construction of said retain- ing walls and slope or batter. Such modifications and adjust- ment of said retaining walls and slope or batter as may be required to conform to plans and specifications of the depart- ment of public parks for the approaches or means of ingress or egress to or out of said Morningside park, shall bo made or done by the department of public parks, and the work which the commissioner of public works is authorized to do, and the work required to be done in and about said retaining walls, slope or batter, as herein described, to carry out the plans and specifications of the department of public parks, shall, as far as practicable, be prosecuted at the same time. vj 33!». The commissioner of public works shall, prior to the isso, en. sh, |i. twenty-sixth day of June, eighteen hundred and eighty-three, I881,ch - fi87 «* 1 lay out and establish a street of the width of not less than sixty feet limning from Tenth avenue at or opposite One Hundred and Thirty-eighth street to Avenue Saint Nicholas, with such windings and turnings, courses and directions as in his judg- ment may best serve to promote the interest of the city and of the L22 DL'TIKS OF COMMISSIONER OF PUBLIC WORKS. Route owners of property affected thereby, in tliat section of the city "bounded northerly by a continuation easterly from Tenth ave- nue to Avenue St. Nicholas of the northerly lino of One Hun died and Forty-third street* westerly by Tenth avenue, easterly wia™outst"c r et b >' Avenue St. Nicholas, and southerly by the northerly and northeasterly line of the lands of the Female Academy of Sa- cred Heart and the southerly line of One Hundred and Thirty- third street extended and continued westerly from the Avenue Saint Nicholas until it meets the said northeasterly lines of the Alteration of said lands of the; said academy. And the said commissioner of map. public works is authorized to make such changes and alterations in the map or plan of the said portion of the said city by aban- doning, closing, extending, widening or narrowing the existing streets, avenues or roads to such extent as may be necessary in order to properly conform to the new street authorized to be laid Map or nc« out by the provisions of this sect ion. And he shall cause to be street. * made a map of the said street which in addition to said street shall show such changes and alterations of streets, avenues or roads, or portions thereof, as may be required as aforesaid. The said map shall be signed by said commissioner and fded in the department of public works, and copies thereof certified by said commissioner shall be filed in the office of the secretary of state and of the register of the city and county of New York, and from the day of its filing it shall be conclusive upon the mayor, aldermen and commonalty of the city of New York, and any and all persons whomsoever. But nothing herein contained shall be construed to authorize the laying out, opening or con- struction of any street, avenue or road through any cemetery. The street shall be opened and the lands necessary therefor ac- a*"?£ed be quired upon the application of the commissioner of public works, who shall make such application immediately upon the filing of said map for and on behalf of the mayor, alder- men, and commonalty of the city of New York, in like manner as is now provided by law for opening other streets, avenues, or roads in said city, but nothing in said laws con- tained shall authorize the discontinuance of such proceedings. The streets, avenues, and roads, and the portions thereof desig- nated on said map as closed and abandoned may be closed by order of the supreme court upon the application of the commis- sioner of public works for and on behalf of the mayor, alder- men, and commonalty of the city of New York, in like manner as is now provided by law for closing streets, avenues, and roads in said city, and it shall be lawful to unite in one application or proceeding the opening of the said street, and the closing of any and all streets, avenues, and roads designated upon said map as closed, or such parts thereof as it may be deemed best to close, » DUTIES OF COMMISSIONER OP PUBLIC WORKS. L2g and which intersect or tie adjacent to the said new street or '•" ■ avenue proposed .to be opened in said proceeding. When the said street so laid out shall he opened as aforesaid, the said com- missioner shall have the power to tlx the grades thereof, and to change, the existing grades of intersecting or contiguous streets, avenues or roads, so far as in his judgment may ho necessary to secure a conformity of grades of all such streets, avenues and roads, with the grade of the new street laid out as provided in this section, and the said commissioner of public works shall within three months after the opening of the said street cause a map showing the grades thereof, and of the intersecting and contiguous streets, avenues, and roads, so far as changed, to he made and tiled in the department of public works, and copies thereof certified by said commissioner shall be filed in the office of the secretary of state, and the office of the register of the city and county of New York, and the said maps, when so filed, shall be in all respects final and conclusive upon the mayor, aldermen, and commonalty of the city of New York, and upon all persons whomsoever, and shall thereafter he changed only by ordinances of the mayor, aldermen and commonalty of the city of New York, upon the petition of the property owners as now provided by law for changes of grades in other portions of said city. "When title to such lands for the new street to be laid lanfefaasbeen out under the provisions of this section, necessary therefor, tofeopened. shall have been acquired, the commissioner of public works shall as soon as practicable proceed to open said new street, and render and make it fit for travel by regulating, grading, paving or macadamizing or otherwise improving it or in any way or by any other process or means which he may deem best for the convenience of the public, and in his discretion curb, gutter and {lag the same and the sidewalks thereof, and at the earliest practicable time throw the same open for public use, and no ordinances cf the common council, or other authority than such as is conferred by this section, shall be necessary to authorize him to proceed forthwith with such work ; all such work, and the materials thereof, to be done and procured by one or more contracts made at public letting, in the manner provided by section sixty-four, except that the said commissioner is author- ized to appoint such engineers or such other persons as he may deem proper to make the necessary surveys, estimates, plans £^duui4 f t.-. and specification, and supervise the construction of the work ^-^n^roiTl. herein mentioned to be done by said commissioner, and the ,oAssessor? expense thereby incurred shall be included in the assessment of the work. It shall be the duty of the said commissioner of public works to transmit to the boai'd of assessors, upon the 124 DL'TIKS <>K COMMISS10NBB 01 PI BLIC WORKS. completion of said works, or any portion thereof, as the bain* commissioner may deem advisahle, his certificate of the expendi- tures incurred upon the same by him under the provisions of this section, and the proceedings of laying and collecting assess- ments for work so certified shall he pursuant to the laws now or hereafter in force for laying and collecting assessments for local improvements in said city ; assessments which are author- ized for the expense of any work or materials procured, or service rendered under this section, may he laid separately, from time to time, upon the receipt by the said board of assessors of such certificate of the said commissioner. conpU 1 , 8,8 '' § 340. The maps or plans fded by the commissioner of public Maps works pursuant to the provisions of section one of chapter five hundred and eighteen of the laws of eighteen hundred and seventy-nine, of that portion of the city of New York lying between and bounded by One Hundred and Forty fifth street on the south, the Eighth avenue on the east, the northerly side of One Hundred and Fifty-fifth street on the north and the Hudson River on the west, shall continue to be the lawful maps of said portions of the city. complice} 8 ' § ^ ne s t ree t s * avenues, and roads shown upon said maps ?t?^ave f nues of said portion of the city, shall be opened upon the application and romis. f the commissioner of public works, in like manner as is now provided by law for opening other streets, avenues, and roads in said city ; but no street, avenue, or road for the first time laid DUTIES «>1 COMMISSIONER OF PUBLIC WORK8. V>'> out under the provisions of tlie act in the last section referred to shall he opened without the consent in writing of the owners of three-fifths of all the lands fronting on said street, avenue, or road, and of three-fifths of all the lands lying between such street, avenue, or road, and the street, avenue, or road parallel thereto, and the next adjacent on either side ; and in case there shall he no such parallel street, avenue, or road within a less distance than three hundred feet, then of the owners of three- fifths of the lands lying within three hundred feet on either side thereof, first had and ohtained. 8 342. Whenever any street, avenue, or road is so laid out w. ». ° i tirades. and opened, the said commissioner shall have the power to fix the grades thereof, and to change the existing grades of inter- secting streets, avenues, and roads. And the said commissioner shall, within three months after the opening of any such street, avenue, or road, cause a map thereof, showing the'' grades thereof, and of the intersecting streets, avenues, and roads, to be made and filed in the department of public works, and copies thereof, certified by the said commissioner, shall he filed in the *3&2*$Si ' J ' craaes to be offices of the secretary of state and of the register of the city and made and fiiwi. county of New York, which said maps, when so filed, shall he in all respects final and conclusive upon the mayor, aldermen, and commonalty of the city of New York, and upon all persons whomsoever. § 3-1-3. The commissioner of public works is authorized and i8nich.742,sw, empowered, in his discretion, on the application in writing of ° mp the head of the fire department, to grant to 's.iid department locations for apparatus houses of said department on any of the public property, streets, or slips under the control of the depart- ment of public works; provided the same are so located and constructed as, in the judgment of the commissioner of public works, will not disfigure nor mar the appearance of the same, nor interfere with the purposes of travel or public recreation; and if placed upon any avenue, street, or slip, shall not reduce tho width of the same between the curbs, for the purposes of travel, at the place of such location, to he less than thirty feet on each side of such building. § 341. Whatever work, if any, may be necessary to complete the county court-house buildings shall be proceeded with by the j^, ^ dejLit- commissioner of public works, when authorized by the board of wortatomo^ estimate and apportionment. No such work shall be authorized cee<1 " itl1 work - by said board until a special appropriation is made to provide for the cost of the same, and it shall not be lawful for the head of said department to exceed the amount so appropriated in completing the buildings. IM'TIKS <»!■• COMMISSIONER OF PUBLIC WORKS. l*J0,ch.l91,s:j. Commissioner i - 1 prepare 1 1 ■ 1 1 < I in Ninth warfl. 1868, ch. 919, Comp.317. 1874, eta. 606, Coiup. 3IH. 1870, ch. 1(i!>, Comp. 31!'. 1879 oh. 008, ( Vmip. ,'l.V). I881,ch.447,5l, Bloating baths 184J7, ch. (j-J.">. Ill, 2. Colnp. 340. Location of public urinal- Maintonaiioe and clcanlinc- of. Kegulutc First avenue. 1881, ch. 450, §1. Pipes to reservoir. § 345. After ..lands shall have h-en acquired in the Ninth ward for a public market place for farmers and market garden - ers, as provided by law, the commissioner of puhlic works shall preparo the same for occupancy, and shall have power to pur- chase and erect the necessary appurtenances and stmctures for the purposes aforesaid, under such rest rictions as have been or shall he established by law for the control of the expenditures of the departments of the said city. 340. The mayor, aldermen, and commonalty, hy the de- partment of puhlic works, are authorized and directed to main- tain nine free puhlic floating baths, one of which shall be lo- cated in the East river, one in the Hudson river, one at Seven* teenth street and East river, one in the Fifth ward, and the others at places designated by the commissioner of public works, which shall be and remain under the exclusive control and man agement of the said department of public works. § 347. The commissioner of public works is authorized and empowered to locate, erect, and establish public urinals within the boundaries of any street, avenue, public place, or thorough- fare in said city, as he may from time to time deem advisable, and connect the same by drains or suitable pipes with any adja- cent sewer. After the erection and completion of said public urinals, it shall be the duty of the department of public works to provide for their maintenance and cleanliness; and every per- son defacing or damaging said constructions, or writing or post- ing notices, figures or devices thereon, shall, on conviction before any police justice of said city, be subject to a penalty of fifty dol- lars, or imprisonment for the term of three months in the peni- tentiary of said city and county in the discretion of said justice. § 348. It shall be the duty of the commissioner of public works to proceed, in the manner provided by law, and complete the regulating, grading, curbing, guttering and flagging of First avenue from Ninety-second street to One Hundred and Ninth street. § 349. The commissioner of public works is hereby authorized and directed to remove the pipes connecting with the reservori on Fifth avenue, between Fortieth and Forty-second streets, and to lay another main in Fifth avenue between Fortieth and Forty- second streets, to connect the mains now leading in and out of the said reservoir. He is further directed to remove the struc- ture and grade the ground now occupied by the said reservoir to the level of the adjacent streets in a suitable manner for the pur- pose of a park. DUTIES OF COMMISSIONER OF PUBLIC WORKS. 127 Title 2. — J)u(ics and Powers of the Department as to Procuring mat Distributing Water. $ 35u. The commissioner of public works shall from time to isn.eh.oM.i time establish scales of rents for tb<> supplying of water, which s^ieofumter rents shall be collected in the manner now provided by law, and I'Xl s c si which 'shall be apportioned to different classes of buildings ^^sS 8 '' 18 ' in said city in reference to their dimensions, values, exposure to tires, ordinary uses for dwellings, stores, shops, private stables, and other common purposes, number of families or occupants or consumption of water, as near as may be practicable, and modify, alter, and amend and increase such scale from time to timo, a«d extend it to other descriptions of buildings and estab- lishments. Such rents shall be collected from the owners or t^SuS?" occupants of all such buildings, respectively, which shall be sit- lon e wa f ter Cro uated 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 ^an be supplied with water. Said rents shall be- come a charge and lien upon such houses and lots, respectively, as herein provided. | 851. The commissioner of public worts is authorized, on isro.ch. m behalf of the mayor, aldermen, and commonalty to contract cbmp.sw. from time to time with the city of Yonkers, or tbe board of aSo? com- water commissioners of the city of Yonkers, for a supply of ^ub1ic n work f s . wholesome water for the Twenty-fourth ward, from the water- chargcs rates or works or water belonging to them or under their charge and control, for such time, in such quantities, and at such prices as may be agreed upon by them. The said commissioner of public works 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 contract with the city of Yonkers, to and through the Twenty-fourth ward, or such part of it as may require or be'in need of the same, and which cannot, or ought not in his judgment, be supplied from the Croton water- works, and to purchase, provide, do, and perform all tilings necessary or proper to enable the said Twenty-fourth ward, or said part, and the inhabitants thereof, to obtain and bave an abundant supply of water at all times, and for such purpose, in case of necessity or convenience, to arrange and agree with the owner of lands in saidVard for an irrevocable license or permission to enter upon, lay, repair, keep in order, protect, and maintain mains, pipes, conduits, and hydrants in, through and upon said lands. The commissioner of public works is author- ized to fix, and from time to time to alter, special rates or WATER RENTS. 1878, cb. 885(478, Comp. si, Wnii-r meters. Expenses for meters, etc., a lien on prem- ises. 1871, eh. ~T5, $5, Comp. 311. Money col- lected for meters, connec- tions, etc. 1S49, ch. 383, $20, Comp. '.i 1 charges for water supplied to any house or building, or to an) other erection or structure, in the Twenty-fourth ward, including washers and hydrants, and to make Mich arrangi WOBSA and rules as may ho proper to ascertain the quantity of water used therein or hy means thereof, and such rates and charges shall be a lien until paid upon the lands upon which such house, build- ing or other erection or structure may stand or be situated, and shall bo collectable at the same time and in the same manner, including sales for unpaid taxes, as the ordinary tax imposed on the same lands. § 352. The commissioner of public works is authorized, in his discretion, to cause water meters, the pattern and price of which shall be approved by the major, comptroller, and chief engineer of the Croton aqueduct, to be placed in all stores, workshops, hotels, manufactories, public edifices, at wharves, ferryvhouses, stables, and iii all places in which wateris furnished for business consumpton by the department of public works, except private dwellings, so that all water so f nrnivhed therein or thereat maybe measured and known by the said department, and for the purpose of ascertaining the ratable portion which consum- ers of water should pay for the water therein or thereat received and used. Thereafter, as shall be determined by the commissioner of public works, the said department shall make out all bills and charges for water furnished by them to each and every con- sumer 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 occu- pied or used as aforesaid. All expenses of meters, their con- nections and setting, water rates and other lawful charges for the supply of water, shall be a lien upon the premises where such water is supplied as now provided by law. Nothing herein contained shall be construed so as to remit or prevent the due collection of arrearages or charges for water consumption here- tofore incurred, nor interfere with the proper liens therefor, nor of charges, or rates, or liens hereafter to be incurred for water consumption in any dwelling-house, building, or place which may not contain one of the meters aforesaid. The moneys col- lected for expanses of meters, their connections and settings, shall be applied by the commissioner of public works to the payment of expenses incurred in procuring, connecting and setting said meters. § 353. The annual rents which are not paid to the department of public works before the first day of August in each year, shall be subject to an additional charge of five per cent., and those rates not paid before the first day of November in each year shall be subject to an additional charge of ten per cent. 11IK WAT1CK SI TI'IA . 1 99 .''.51. .No patent hvdrant. valve, or slop-cock shall be used ii-nt-in , _ urn *An*. by the department of public works unless the patentee or owner isro.oh. an, |i, of said patent shall allow the use of the patent by said depart- SSSSuS^d mont without royalty. f . § 856. The rules and restrictions for the use of the water i>v.iran' ">■ printed on each permit shall he notice to the water-takers, and inf'^qubg shall authorize the exaction and recovery bv nrocess of law of Hui.-spriiii.^i any penalties which the commissioner of public works may j£g£ff£>!ff impose in addition to cutting off the use of the water for any violation of the rules, and this section shall be printed on such permits. ojO. The commissioner of public works, when thereunto [87V, eh. 881, |i: i'-ii i" t I Comp. 'AVI. authorized by a resolution or ordinance passed by a three- Whi n nivl lir.u fourths vote of all the members elected to the common council, water may ba to bo approved by the mayor, is authorized to expend for **' materials to be used and labor and other services to be per- formed by contract, let at public letting, as now provided by law. in laying pipes to extend and enlarge the distribution of water through the city of New York, and in furnishing a sufli- cient supply thereof to the institutions in charge of the depart- ment of public charities and correction located on Blackwell's island, Ward's island, and Randall's island, and in laying mains neees-ary b> deliver such water at higher levels and in greater quantities, and erecting such fixtures as he may deem necessary, in each and every year a sum not exceeding two hundred and fifty thousand dollars in addition to the amounts heretofore authorized to be expended for said purposes. §857. The department of public works is charged with the 18*9, <& 888, $*, preservation of the Croton lake and all waters from which a Department to water supply is drawn by the city, with the preservation of the c^nS^and banks of the Croton liver and other waters from injury or ' nuisances, with the execution of such measures as may be necessary to preserve? and increase the quantity of water and keep it pure, with the management; preservation; and repairs of the dam, gates, aqueduct, high bridge, reservoirs, mains, pipes, pipe yard, and property of every description belonging to the water works, and shall have the construction of such new works, and the purchase and laying down of such mains and pipe as may be authorized in accordance with law. Said depart- Supply of wfll-r ment shall be responsible for the supply of water and the good. tli»> works, order and security of all the works from the Croton lake to the city, inclusive, for the exactness and durability of the structures which may be erected and of the daily work to be performed, and for the sufficiency of the supply in the pipe yard to meet every casualty, and. for the fidelity, care, and attention of all persons employed by the department in watching the works and i:',0 THE WATER 8UPPL\ 1880, cb. I'*, HI, S, C'omp. Lam], how in be used, C onditlon. Fences. Id. m. 1 'ns.M- 18 t'ouip Highway repair of. ch.!M5, S2I, 336. iwg, ch. m>. jl, Comp. 311. Laudator reser- voirs, etc.. to be taxed. in making constructions and repairs, ami shall inspect thor- onghly the interior of the acqueduct and make the necessary repairs at least twice in the year. § 358. The lands situate in the county of Westchester which were taken hy the corporat ion of the city and county of New York, hy virtue of the act entitled "an act to provide for sup- plying the city of New York with pure and wholesome water," passed May second, eighteen hundred and thirty-four, shall he held and appropriated by the said corporation only for the use and purpose of introducing water into the city, and for purposes necessarily incident thereto, and for no other uses or purposes whatever. In case said corporation should use any of said lands situate in the county of Westchester for purposes other than in this section permitted ; or in case said land should not be required for the purpose of introducing water into the city, such lands so improperly used, or not so required, shall become revested in the individual from whom the said corporation obtained it. as fully and perfectly as though the said act had never been enacted, upon repaying to said corporation the amount .originally paid for the same, after deducting from such amount the damages sustained by such individual by reason of any alteration or work, which the said corporation may have made upon said land. :'.5!». The corporation of the city of N< w York shall, at the expense of the said corporation, erect and sustain all fences which may be required to protect the works upon said last- mentioned lands from injury, and shall, whenever said aque- duct shall intersect the land in the said county of Westchester belonging to an individual or individuals, erect and sustain at the expense of the said corporation convenient passes across or under the acqueduct erected by virtue of said act for the farm- ing and other purposes of the land thus intersected. § 360. The city of New York is hereby required^to repair and forever maintain the highways built or in process of con- struction by the said city around the new reservoir, on the middle branch of the Croton river, in the town of South East. § 361. The lands heretofore taken or to be taken for storage, reservoirs, or for other constructions necessary for the introduc- tion and maintenance of a sufficient supply of water in the city , 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 aqueduct, and the constructions and works necessary for its purposes ; and the said aqueduct, with such aforesaid constructions or works, and the capital therein employed, and belonging to the- corporation of the city of New York, shall be assessed and taxed onlv within the city LANDS FOR RESERVOIRS. 131 and county ol' New >'ork, and in tlio same manner as personal property of the said corporation now is or may hereafter be as- sesbcd and taxed, provided thai the assessed value of the said lands sball not exceed the assessed value of the lands in the im- mediate neighborhood thereof. £ 302. It shall not be lawful for any person to throw or Ac- Jv'; v ?"i? 11 7, " l> posit, or cause to be thrown or deposited in the Croton lake, fcoMMtton. above the Croton dam, or in the Croton aqueduct, or either of the Croton reservoirs, any dead animal or nuisance, or other offensive matter, or anything whatever. Any person offending i»io,ch.383. against the provisions of this section shall be deemed guilty of Ptnalu misdemeanor, and upon conviction thereof shall be punished by tine or imprisonment, or both, in the discretion of the court ; such line not to exceed the sum of one hundred dollars, and such imprisonment not to exceed the period of three months. If the offense is committedjn the county of Westchester, such impris- onment to be in the jail of said county; if in the city and county of New York, such imprisonment to be in the penitentiary. § ::03. If any person shall willfully do or cause to be done any ]{M!) ch m act whereby any work, materials, or property whatever erected c^p-* 98 - or used, or hereafter to be erected or used within the city or injuring th« elsewhere, by the said mayor, aldermen, and commonalty, or Beeiak. ch.zn by any person acting under their authority, for the purpose of procuring or keeping a supply of water, shall in any manner be injured, or shall erect or place any nuisance on the banks of the Crotfin river, or shall throw anything into the acpueduct, or into any reservoir or pipe, such person, on conviction thereof, shall he deemed guilty of a misdemeanor. >; 364. In all cases where the commissioner of public works . (r shall have entered upon, taken, or used, or shall hereafter enter Comp. aas. ' upon, take, or use, or shall deem it necessary to enter upon, ianTfor'obtain take, or use the waters of any lake or any upland, or land under supply. See 1*70 eh water, or water-rights or privileges, or any incorporeal heredita- ments or any other property, for the purpose of maintaining, preserving, or increasing the supply of pure and wholesome water for the use of said city, the said commissioner is author- ized, for and in behalf and in the name of the mayor, aldermen, and commonalty, in the manner hereinafter prescribed, to ac- quire all rights, titles, 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 interests, or growing out of such taking or using. § 365. The said commissioner, his engineers, surveyors, and w.'$a such other persons as may be necessary to enable him to per- form his duties under this title are hereby authorized to enter L32 LANDS i'Olt WATER SUPPLY upon any [and or water for the purpose of making surveys or examinations, and to agree with the owners, occupants, or claimants of any real estate which may have been required or damaged, or which hereafter may he required or damaged in carrying into effect the provisions of this title, as to the amount • of Compensation to he paid to such owners, occupants, or claim - Damages, set ants, and the time and manner of such payments. And in case any such real estate shall he owned, occupied, or enjoyed hy the people of this State, or hy any county, town, or school dis- trict within ihis Slate, such rights, titles, interests, or properties may he paid for upon agreement, respectively, with the com- missioners of the land oflice,. who shall act for the people of this State, with a chairman and a majority in numbers of the hoard of supervisors of any county who shall act for such county, and with the supervisor and commissioners of highway in any town who shall act for such town, and with the trustees of any school district that shall act for such district. id48,oomp.8sr. £ W>. In case the said commissioner of puhlic works is unable auepuSS^ to agree with the said owner or owners, occupant or occupants, cannot agree. ( .j a i man ( or claimants of any such real estate, or with any or either of such officers as to the sum or sums to he paid for the acquisition or extinguishment of any such real estate, or of any right, title, or interest thereto or therein, for carrying into effect the purposes of this title, the said commissioner of puhlic works shall have the right to acquire such real estate, or to extinguish any such right, title, or interest thereto or therein, for the mayor, aldermen, and commonalty of the city of New York in * the manner and hy the special proceedings hereinafter provided. 1(1 |4. § 307. For the purpose of acquiring any such real estate or of Peutionfor extinguishing any right, title, interest thereto or therein, the appointment of o ° J « • ' ' ' commissioners, sa \ ( \ commissioner of puhlic works, for and in behalf of the said ma3'or, aldermen, and commonalty of the city of New York, may present a petition praying for the appointment of com- missioners of appraisal to the supreme court, at any general or special term thereof, held in the district in which the real estate described in the petition may he situated. Such petition shall be signed and verified according to the practice of such court. It must contain a general description of the real estate which the said commissioner seeks to acquire, and of the rights, titles, and interests therein which he seeks to extinguish, and also a general statement of the names and places of residence of the parties, so far as the same can by reasonable diligence be ascer- tained, who own. occupy, or enjoy, or who claim to own, oc- cupy, or enjoy, any such real estate, or any right, title, or inter- est therein, and if any of such persons are infants, their ages, as near as may be, must be stated ; and if any of such per- LANDS FOB WATER SUPPLY. I'.VJ sons arc idiots, or persons Of unsound mind, or are unknown, that fact must be stated, together with such other allegations and statements of liens or incumhrances upon such rights, titles, and interests as the said commissioner may see fit to make. A cony of such petition, with a notice of the time and place the same will ho presented to the -upieme court, must he served on all persons whose interests are bo be affected by the proceedings at least ten days prior to the presentation of the same to the said court. t. If the person on whom such service isnto be made resides Notice, huhm iii this Stale and is not an infant, idiot, or person of unsound mind, service of a copy of such petition and notice must he made on him, or his agent or attorney, authorized to contract for the sale or surrender of the real estate descrihed in tho petition, personally, or hy leaving the same at the usual place of residence of the person on whom such service must be made as aforesaid with some person of suitable age. 2. If the. person on whom such service is to he made resides Non-residents, out of the State, and has an agent residing in this State author- ized to contract for the sale or surrender of the property des- crihed in the petition, such service may he made on such agent, or on such person, personally, out of the State, or it may he made by publishing the notice, stating briefly the object of the ap- plication and giving a description of the property to be taken or affected, in the State paper, and in a paper printed in the county in which the real estate taken or affected is situated, once in each week for one month next previous to the presentation of the petition ; audit' the residence of such persons residing out of this State, but in any of the United States, or any of the -British colonies in North America, is known, or can, by reasonable diligence, be ascertained, the said commissioner must, in ad- dition to such publication as aforesaid, deposit a copy of the petition and notice in the post-office, properly folded and direct- ed to such person at the post-office nearest the place of residence at least two weeks before presenting such petition to the court, and pay the postage chargeable thereon in the United States. 3. If any person on whom such service is to be made is under Minors, the ago of twenty-one years, and resides in this State, such ser- vice shall be made as aforesaid on his general guardian, or, if he has no such guardian, then on such infant, personally, if he is over the age of fourteen years, and if under that age, then on the person who has the care of such infant, or with whom such infant resides. i. If the person on whom such service is to be made is an ... 1 Idiots, etc. idiot, or of unsound mind, and resides in this State, such service may he made on the committee of his person or estate, or if he » 134 METHOD OF ACOI'IKINO. Unknown owners, Corporations. municipalities, elo. 1831, ch. 582. St Real estate may be acquired. has no such committee, then on the person who has the care or charge of such idiot or person of unsound mind. 5. If the person on whom such service is to be made is un- known, or his residence is unknown and cannot, by reasonable diligence, he ascertained, then such service may be made under the direction of the court by publishing a notice, stating the time and place the petition will he presented, the object thereof, with a general description of the property to bo affected by the proceedings, in the State paper, and in a paper printed in the county where the property is situated, once in each week for two weeks previous ,to the presentation of such petition. C. In case any party to be affected by the proceedings is an infant, idiot, or person of unsound mind, and has no general guardian or committee, the court shall appoint a special guardian or committee to attend to the interests of such person in the proceedings ; but if a general guardian or committee has been appointed for such person in this State, it shall be the duty of such general guardian or committee to attend to the interests of such infant, idiot, or person of unsound mind, and all notices required to be served in the progress of the proceedings may lie served on such general or special guardian or committee. 7. In case the people of this State or any county of this State, or any town in this State, or any common school district within this State, or any corporation organized under the laws of this State, shall own, occupy, or enjoy any real estate which is to be acquired or affected in carrying into effect the purposes of this title, such notice and petition may be served in the man- ner hereinbefore prescribed, upon the following officers, respect- ively : upon the clerk to the commissioners of the land office, in behalf of the people of the State ; upon the clerk of the board of supervisors of any county, in behalf of such county ; and up- on the supervisor of any town, and the commissioners of high- ways in any town, in behalf of such town ; upon the trustees of any school district, in behalf of such district ; and upon the act- ing chief executive officer of any corporation, in behalf of such corporation. 8. In all cases not herein otherwise provided for, service of orders, notices, and other papers in the special proceedings, au- thorized by this title, may be made as the supreme court shall direct. 9. "Whenever tfiere shall be one or more of the estates, enu- merated in article one of title two of chapter one of the second part of the revised statutes, entitled " Of the creation and division of estates," in any real estate, as the term real es- tate is defined in section three hundred and seventy-nine, required by the city of New York for the purpose mentioned in < ACQUIRING LANDS B*OB W ATKIt SUPPLY. 186 section three hundred and sixty-four, such estate and real estate may be acquired by said city by means of the special proceed ings authorized by this section. In every such case the commissioner of public works, in ad- ''i.., ,..i,„. . . J » "to aci|iiir<- dition to tlie oilier statements, shall set forth and state in his petition the facts, 60 far as the same can with reasonable dili- gence be ascertained] in relation to any such estate, and the person, persons, or class of persons then in being or not in being, who are or may become entitled in any contingency to any es- tate as aforesaid in such real estate, and may pray that such es- state may be acquired and such persons maybe bound by the said proceedings ; and thereupon the court to whom such peti- tion is .presented, if there be no attorney appearing in their be- half, shall appoint some competent and disinterested attorney or officer of the court to appear in such proceedings and represent the rights, interests, and estate of the person, persons, or class of persons aforesaid in such real estate, and to protect the same on the appraisal and proceedings aforesaid ; and it shall be the duty of the court, on or after the confirmation of the report of appraisal, to ascertain by such report or by a reference for that purpose or otherwise, in its discretion, the rights, interest, and estate of such person, persons, or class of persons, in the real es- tate so appraised and in the compensation awarded therefor, and to make an order determining the amount of share of such compensation to which such person, persons, or class of persons are or may become entitled on account of such estate, as the same shall arise or become yested in them respective])*, and to direct and to provide for the payment, investment, or securing thereof, for the benefit of the person, persons, or class of per- sons aforesaid, who are or who may, in the contingency upon which such estate arises, become entitled thereto. Upon the payment or deposit by the comptroller of the city of New York of the sums to be paid for the acquisition of such real estate in the manner provided in section three hundred and seventy-one, and in the manner directed by order of court the said commis- sioner of public works, for and in behalf of the said the mayor, aldermen, and commonalty of the city of New York, shall be entitled to enter upon, take possession of and use the said real estate for the purposes indicated, and such person, persons, or class of persons as are or may become entitled to such estate shall be barred of and from all right or claim in and to such land adverse to its use and occupation by the said commissioner or by the said, the mayor, aldermen, and commonalty. This section shall apply to all special proceedings brought prior to the twenty-fifth day of June, eighteen hundred and eighty-one, un- der chapter four hundred and forty-five of the laws of eighteen 186 ACQUIRING LANDS FOR WATER SUPPLY. hundred and seventy-seven and the various acts amendatory thereof, which proceedings had not hern on that day* conducted, wa, oh. ess, i». ?> 008. On presenting such petition to the supreme court ae Appoiiitment(»f aforesaid, with proof of service of a eop\ I Imt> -of and notice as ''"'""" ss '"""' s aforesaid, all or any of the parties whose estates OT interests are to he affected hy the proceedings may show cause against granting the prayer of the petition, and may disprove any of the facts alleged in it. The court shall hear the proofs and allega- tions of the parties, and if no sufficient cause is shown against granting the prayer of the petition, it shall make an order for the appointment of three disinterested and competent freehold- ers, who reside in the county (or some adjoining county) where the property to he appraised is situate d, commissioners tOASOSff tain and appraise the compensation to he made to the parties in- terested in the real estate proposed to he taken orafieeled. or t heretofore taken or affected in such county for the purposes in- dicated in this title, and to fix the time and place for the first meeting of the commissioners. M< s «. - ?? 369. The said commissioners shall take and suhscrihe the duUMofcom- oa ^ a proscribed by the twelfth article of the constitution. Any one of them may issue subpoenas and administer oaths to wit- nesses, and any such witness swom and examined and testify- ing falsely shall he deemed guilty of perjury, and shall he liable to the pains and penalties imposed by law for that offense. Such subpoenas may he served within this State hy any person, and must be served hy any sheriff or constable when thereunto re- quired ; in case of the failure or refusal of any witness so sub- poenaed to obey such subpoena, or to answer any question, or to produce any books or papers when thereunto required by a majority of the said commissioners, the commissioners or a majority of them, shall report such failure or refusal to a justice of the supreme court in the said judicial district in which such commissioners were appointed, before whom the same proceedings shall thereupon be had as though such failure or refusal were that of a witness duly subpoenaed to appear and testify upon the trial of an action before such justice, and such justice shall in all re- spects proceed as though such subpoena had issued out of the court in which he presides ; a majority of such commis- sioners may adjourn the proceedings before them from time to time, in their discretion. Whenever they meet, except by ap- poinment of the court or pursuant to adjournment, they shall cause reasonable notice to be given to the parties interested, or their agent or attorney. ' They shall view the property described in the petition, and hear the proofs and allegations of the par- ties, and reduce the testimony taken by them, if any, to writ- ACQl'IKINC LANDS l WATKK SUPPLY. 137 ing, and after the testimony in each case is closed, they, or a majority of them, all having an opportunity to ho present, shall, without any unnecessary delay, ascertain and determine Bee 10, oil 88, the compensation which ought justly to he made by the said mayor, aldermen and commonalty of the city of New York to the owners or the pe rsons interested in the rights, titles, and privileges to he acquired or effected by the said proceeding. They, or a majority of them, shall also determine what sum ought to be paid to the general or special guardian or committee of an infant, idiot, or person of unsound mind, or to an attor- ney appointed by the court to attend to the interests of any un- known owner or party in interest, not personally served with notice of the proceedings, and who has not appeared, for costs, expenses, and counsel fees. They, or a majority of them, shall also (but not in excess of any request therefor made in behalf of the city) determine the height to which the waters of any lake or natural stream, concerning which such proceedings are insti- tuted, may be raised, and the point to which t uch waters ma}' be drawn down by the said the mayor, aldermen, and commonalty, snch determination to be made before any award of damage shall be made on account of such proposed raising or depressing of such waters. The said commissioners shall make a report of " their proceedings to the supreme court, with the minutes of the testimony taken by them, if any; and they shall be entitled to the payments hereinafter provided for their services and ex- penses, to be paid from the fund hereinafter provided. 370. On such report being made by said commissioners, the i«7, ch. 4*j, $7. counsel to the corporation shall give notice to the parties, or mp iao - their attorneys, to be effected by the proceedings, according to the rules and practice of said court at a general or special term confirmation thereof for the confirmation of such report, and the court shall of thereupon confirm such report, and shall make an' order con- taining a recital of the substance of the proceedings in the matter of the appraisal and a general description of the real estate appraised, for which compensation is to be made; and shall also direct to whom the money is to be paid, or in what bank and in what manner it shall he deposited by the comptrol- ler of the city. jl 371. A certified copy of the order to be made as aforesaid, w .$acomp.33i shall he recorded, at full length, in the office of the clerk of the Toberecoi i i county in which the real estate described in it is situated, and thereupon and on the payment or deposit by the comptroller of the city of the sums to be paid as compensation for the acquisi- tion of such real estate, or for the extinguishment of any right, title, or interest therein, and for the costs, expenses, and counsel fees as directed by said order, the said commissioner of public ACQUIRING LANDS I ok WATKU sU'l'l.Y A J . 1 ■• :.l Id. £9. Adverse and conflicting claims to inonev. works, for and in behalf of the said the mayor, aldermen, and commonalty, shall be entitled to enter upon, take possession, and use the said real estate for the purposes indicated in Un- title, and all parlies mentioned in this title who shall have been made parties to the proceedings, together with all parties claim ing or to claim, by, through, or under them, shall be forever divested and barred of all right, estate, and interest in such real estate, and of all claim for any damage on account of the tak- ing, using, or affecting of such real estate, or of any right, title or interest therein. All real estate acquired by the said the mayor, aldermen, and commonalty, under and pursuant to the provis- ions of this title, shall be deemed to be acquired for public use. Within twenty days after the confirmation of the report of the commissioners, as provided for in the preceding section, either party may appeal, by notice, in writing, jto the other, to the su- preme court from the appraisal and report of the commissioners. Such appeal shall be heard by the supreme court at any general or special term thereof on due notice thereof being given, ac- cording to the rules and practice of said court. On the hearing of such appeal, the court may direct a new appraisal and deter- mination of any question passed upon before the same or new commissioners in its discretion, but from any determination of the general term, either party, if aggrieved, may take an ap- peal, which shall be heard and determined by the court of appeals. In case of a new appraisal, the second report shall be final and conclusive on all the parties interested. If the amount of compensation to be made by the said city is increased by the second report, the difference shall be a lien on the real estate appraised and shall be paid by the comptroller of the city to the parties entitled to the same, or shall be deposited in bank, as the court may direct; and if the amount is diminished, the difference shall be refunded to the said mayor, aldermen, and commonalty by the party to whom the same may have been paid, and judg- ment therefor may be rendered by the courfc, on the filing of the second report, against the party liable to pay the same. Such appeal shall not affect the possession by the said city of the real estate appraised; and when the same is made by others than the said city it shalL not be heard except on the stipulation of the party appealing not to disturb such possession. § 372. If there are adverse and conflicting claimants to the money, or any part of it, to be paid as compensation for the real estate taken or affected, the court may direct the money to be paid into the said court by the said comptroller, and may deter- mine who is entitled to the same and direct to whom the same shall be paid, and may, in its discretion, order a reference to as- ACQUIRING LANDS FOR WATER SUPPLY, 189 * certain the facts <»n which Bach determination and order are t<> be made. § 37o. The court shall appoint some competent person to ap- ,,, su , , pear for and protect the rights of any party in interest who is unknown, or whoso residence is unknown, and who lias not ap- unknown par ' * tics peared in the proceedings hy an attorney or agent. The court shall also have power, at any time, to amend ajiiy defed or in- formality in any of the special proceedings authorized by this title as may he necessary, or to cause new parl ies to he added and to direct such further notices to be given to any party in in- terest as it deems proper, and also to appoint other commission- ers in place of any who shall die or refuse or neglect to serve <>r be incapable of serving. § : , »74. If, at any time, after an attempt to acquire title by appraisal of damages or otherwise, it shall be found that the of ' i' title thereby attempted to be acquired is defective, the said city may proceed anew to acquire or perfect such title in the same u:,. ?n manner as if no appraisal had been made, and at any stage of such new proceedings the court may authorize the said city, if in possession, to continue in* possession, and if not in possession, to take possession and use such real estate during the pendency and until the final conclusion of such new proceedings, and may stay all actions or proceedings against the said city on ac- count thereof on the comptroller of said city paying into court such sum as the court may direct, to pay the compensation therefor when finally ascertained, and in every such case, the party interested in such real estate may conduct the proceedings to a conclusion if the said city delays or omits to prosecute the same. And if, at any time, the said city shall require, for the • t i. j . , ' , . , 1 Additional iva purposes indicated m tins title, to acquire any additional real estate, or to extinguish any other or further rights, titles, inter- ests therein in addition to that which it has already acquired or extinguished, said city may acquire such additional real ..estate or extinguish such additional rights, titles, interests therein, or any such real estate, or any right, title, or interest therein which it now uses or occupies, or which it has heretofore used or occupied, by purchasing the same of the persons or parties owning the same, or interested therein, or affected by such pro- ceedings, and by paying to such parties such damages as they may sustain by reason thereof if the amount of such compensa- tion or damages can be agreed upon between such commissioner of public works and such persons or parties; and if such com- missioner of public works shall, for any cause, be unable to agree for the purchase of such real estate, or shall be unable to agree upon the sum which shall be paid to such persons or parties in satisfaction of the damages they may sustain, or if the title to 140 ACQUIRING LANDS I'Olt WATKU SI JM'IA . any such real estate or rights already acquired or extinguished, or attempted to he a< -quired on xi inguishod, shall, for any cause, prove defective or imperfect, then and in every such case such commissioner of public works may proceed to acquire and per- fect title to such real estate or lights, and to ascertain and ap- praise such damages in the manner and by the proceedings here- inbefore in this title prescribed. id.|W,Oomp.8.i3 ^ 37;, 'p n c commissioners of the land otitic : shall have power of uutdoffloe, to grant to the said city any real estate belonging to the people 01 this State which may be required for the purposes indicated in this title, on such terms as may bo agreed on between them and the said commissioner of public works, always, however, reserving and maintaining the rights of the people and liparian owners to go to the water at any point to which the same may be drawn; and if any real estate of any county, town, or school district is required by such city for the purposes of this title, the majority of the board of supervisors acting for such county, or the supervisors of any such town, with the commissioners of highways therein acting for such town, or the trustees of any school district acting for such district, may grant or surrender such real estate for such compensation as may be agreed upon between such officers, respectively, and the said commissioner of public works. id. §13. >' 37<">. In case any real estate required by said city for the wi^n *«. purpose of this title shall be vested in any trustee not author- i l MX'nn.'','',.;! ; ;|' ized lo -ell, relea-e, and convoy the same, or in any infant, idiot. or person of unsound mind, the supreme court shall have power, by a summary proceeding, on petition, to authorize and em- power such trustee or general guardian or committee of such in- fant, idiot, or person of unsound mind, to sell, convey, or sur- render the same to the said city on such terms as may be just; and in case any such infant, idiot, or person of unsound mind has no general guardian or committee, the court may appoint a Special guardian or committee for the purpose of making such sale, surrender, or conveyance, and may require such security from such general or special guardian or committee as said court may deem proper. But before any conveyance or release authorized by this section shall be executed, the terms on which the same is to be executed shall be reported to the court on oath, and if the court is satisfied that such terms are just to the party interested in such rights, titles, interests, or property, the court shall confirm the report and direct the proper conveyance or re- lease to be executed, which shall have the same effect as if ex- ecuted by an owner of su^h rights, titles, interests, or property having legal power to sell, surrender, and convey the same, id. $i4. § 377. In all cases where the commissioner of public works DAMAGES THEREFOR, 141 shall have heretofore entered upon, taken, or used any real es- tate, either with or without the license of the owner thereof, for the purpose of increasing the supply of water for the city, and tho title to such real estate shall not have heen acquired by said city, either hy purchase or hy any proceedings under any exist- ing law, and the said city, hy any of its officers, agents, or em- ployees, shall he in possession thereof at the time this act shall take effect, and such possession shall he continued for the period of sixty days thereafter, such possession shall he d< emedan election on the part of said city to take such real estate under and pursu- ant to the provisions of this title, and in that case it shall he the duty of the corporation counsel, at the expiration of said sixty days, to make the necessary application for the appointment of commissioners, pursuant to the provisions of this title, to ap- praise the damages and compensation to he paid for the taking and using of the same. The performance of such duty may he enforced hy the supreme court hy mandamus on the application of any owner or claimant of the real estate so taken or used, and upon the hearing before the commissioners appointed upon such application the}' shall, if requested by said owners or claimants, also appraise and determine the amount of damage:-, sustained by said owners or claimants, respectively, by reason of any use or occupation of said real estate by said city, or am of its officers'or agents, before the making of such application. The said commissioners shall, in their report, state the amount of damages so ascertained and determined by them, and the amount thereof shall form a part of the amount required to be paid by said city before the right and title to the real estate specified in said report shall be vested in said city as hereinbefore provided. Upon such hearing all of the provisions of this title in relation to compelling the attendance of witnesses, and the examination thereof, shall apply to the claim for damages grow- ing out of such use and occupation. >j 37S. As to any damages which may have accrued to the isrr.ch.u^sis. owner or claimant of any real estate, as to which the proceed- m^Aot action, ings provided by this title may be instituted, before such pro- ceedings shall have been instituted, this title shall not be taken or construed to deprive any party of a right to a trial by jury of the question of such damage, and the said commissioners shall estimate and determine such damages, and the compensation to be made therefor, only upon the consent of all the parties thereto. Such consent, however, shall be conclusively presumed as against any party who shall appear and take part in the pro ceedings to determine the amount of such damage, without first entering an objection to the determination thereof by such com rnissioneTs. In absence of such objection, but not otherwise, ACQUIRING LANDS FOR WATER SUPPLY the said commissioners shall proceed to final determination of such question. w. §io. § 379. The term real estate, as used in tins title, shall be con- tain detaed* 8- strued to signify and embrace all uplands, lands under waiter, the waters of any lake, pond, or stream, all water-rights or privileges, and any and alt easements and incorporeal heredita- ments, and every estate, interest, and right, legal and equitable, in lands or water, including terms for years, and liens thereon by way of judgment, mortgage, or otherwise, and also all claims for damage to such real estate. The commissioners ap- pointed in pursuance of this title shall receive as compensation the sum of ten dollars per day for each day actually employed. H They may employ the necessary clerks and surveyors. The compensation salaries of the commissioners and of their employees, and the rJs. c 2™ mu>8lon ' necessary traveling expenses and other expenses incurred in and about such special proceedings shall be paid by the said comp- troller, as provided for in this title, on the certificate of tho commissioner of public works of the city of Xew York, m. its, oomp. § 3S0. For the purpose of preventing any waste of water, the Waste of water commissioner of public works of the city of New York is hereby prevention of. authorized to construct such aqueducts, reservoirs^ dams, sluices, canals) and appurtenances as may be necessary to collect or retain the water in or from any lakes or streams which have been heretofore taken by said city or which may be taken under the operation of this title, and use such waters as the wants and necessities of said city may require. Provided that nothing con- Provteo. tained in any act passed before June fifteenth, eighteen hundred and seventy- seven, shall authorize or permit any water in excess of the ordinary flow thereof* to be drawn from lake Mahopac and lake Glenida, in the town of Carmel and county of Putnam, between the first day of March and the first day of September in any year. And provided also that nothing in this or in any such act Contained shall be so construed as to interfere with any existing right to catch fish, obtain ice, or keep, use, and main- tain boats in or upon any natural lake or pond which may be acquired under this title; nor shall it be so construed as to de- stroy any existing light of riparian owners upon such lakes and ponds to use the waters thereof, or to build upon the shores thereof, except as such rights may be affected by the raising or lowering of the waters of such lake or ponds, as hereinbefore prescribed. 1879, en. 28, ji, §381. The commissioners appointed or to be appointed in comp. 33.. ftU y proceeding under this title, in which proceeding more than one claim is embraced, may conduct their examination as to any one of such claims at such time or times as shall seem best to them, and they may, in their discretion, postpone the ascertain- LCQU1RING LANDS FOR WATEH SUPPLY. 143 meat or determination of the compensation t<> be made on Buch claim, until anytime prior to the iinal termination of the pro ceedings, and they may, in their discretion, proceed to the as ci-rtaininent or determination of the compensation to be made on any one of such claims, notwithstanding the fact that the exam- ination and consideration of some other claim or claims are still pending, open, and undetermined; and such action on the part Actions con of the commissioners in any proceeding now pending - hereby rat itied and continued. ^ 3S2. The commissioners referred to in the last preceding u ■ ■ section, in any proceeding in which more than one claim is em- * u 'fiXVcrmin : f braced, at any time in the course of such proceeding, may, in jj[£VT' v '"' their discretion, take up any specified claim or claims, and finally ascertain and determine the compensation to he made thereon, and make a separate report with reference thereto, which report shall, as to the claims therein specified, he the re port required in this title aforesaid, and the subsequent action with reference thereto shall he had in the same manner as though no other claim were embraced in such proceeding, which, however, shall continue as to all claims upon which no such separate determination and report is made. § 383. All actions for the recovery of real property, or of }^.--\>.n\^^ any estate or interest therein, or for the determination 111 any Actions, places form of such right or interest, and for injuries to real estate, ° ,nal °- brought under the provisions of this title, shall he brought and tried in the county in which the subject of the action, or some part thereof, is situated, subject to the power of the court to change the place of trial in cases provided by statute. If in Amendment of any particular it shall at any time be found necessary to amend P leadm * s ' etc - any pleading, proceeding, process or action, or to supply any de- fect therein, arising in the course of any special proceeding authorized by this title, the same may he amended or supplied in such manner as shall be directed by the supreme court, which is hereby authorized to make such amendment or cor- rection. § 3S4. All persons acting under the authority of the mayor, ism, c „. 2oo. aldermen and commonalty, shall have the right to use the R^'huouseor ground or soil under any street, highway or road within this §£e^etc! er state for the purpose of introducing water into the city of New York, on condition that they shall cause the surface of such street', highway or road to be restored to its original state, and all damages done thereto to be repaired. * K o 4 * n «> I t CHARITIES AND CORRECTION. CHAJTKK X. i«00. cli. 510, Si. Comp. 350. T. Pal v. 319; 02 \. Y. MO; 00 388; 4 Hun. 130; B id, 247. POWBT over Institutions and bufldbtga. 1!*9, cli. 50. 187], cli. ISO. 1800, Ch. 510. Comp. 356. 1873, ch.835, §71, Comp. 355. Bureaux. 1669. ch. 238. §1. Comp. 373. I'm: Department of Public Charities and Corbection. ?' 985. The department of public charities and correction shall possess and exercise full and exclusive powers for the gov- ernment, management, maintenance, and direction of the several institutions and buildings, and premises and property and ap- purtenances belonging to the city and situated upon Blackwell's, Ward's] Randell's, and Hart's islands, of all prisons and places provided for the detention of prisoners, and of all hospitals be- longing to or conducted by the city, except such as are or may be established or conducted by the department of public health, especially of the alms-house and work-house, of the nurseries for poor and destitute children, and of the county lunatic asylum, the lunatic asylum upon Ward's island, and of the potter's field, or other public burial place of the poor and strangers in the city and county of New York, and especially, also, of the peni- tentiary and city prison, and various prisons and houses of de- tention in said city, winch are hereby particularly designated as the institutions of the public correction and charities provided for by this chapter. Dut said department shall have no power over the house of refuge, nor the juvenile delinquent asylum, nor the house of detention of witnesses, nor the county or sheriff's jail. £ 380. All books, accounts, vouchers, records, and all proper- ty of whatsoever nature at any time under the management or control of, or in the keeping of the department to which said de- partment succeeded, or any subordinate thereof, shall remain in the keeping and custody of the department of public charities and correction, for the use of said department; but the said property shall forever remain and continue the property of the mayor, aldermen, and commonalty of the city of New York, subject to the public uses of said board, and for the purposes pro- vided by this chapter. § 387. There shall be in said department a bureau of charities and a bureau of correction. The bureau of charities shall have charge of all matters relating to persons not criminals. The bureau of correction shall have charge of all matters relating t(y criminals. 3SS. The said department is authorized to maintain on Hart's island an industrial school; and in connection therewith \syi.i\m !'<>!► im:i:i:i ATI'.-. 1 15 is authorized fco employ and use the labor of any person from any of the public institutions, committed to its charge; and the hoard of public charities and correction arc hereby authorized to commit to and place in said industrial school any of the children who may ho committed to their care, pursuant to any provision's of law heretofore or hereafter to be made. 3S9. Hart's island shall be deemed to be and shall be under the control of the said department and may be used by it for any and all purposes deemed by the board to be expedient and pro- per, and the board shall have the same powers, jurisdiction, and control thereof, as they have over the other premises, buildings, and institutions under their charge, and of all buildings and erections which may for any purpose or purposes be placed and maintained by said board upon said Hart's island. § 390. The said department shall provide and maintain suit- able rooms or wards in that part of the city south of Canal street, for the reception and medical and surgical treatment of persons wounded or taken ill in the streets of said city, who may not be safely moved to a hospital or their homes. § 391. The board of public charities and correction are author- ized and empowered to maintain, manage, and' control an asylum for inebriates erected on laud belonging to the city and under their control, and the appurtenances thereto, as in the judgment of said commissioners may be necessary and proper. The said board are also authorized and empowered to appoint and employ all such physicians, surgeons, officers, and atten- dants as ma)' be necessary and proper for the management and direction of said asylum, and the care of the inmates thereof, and to fix the compensation of such employees, in the same manner and with the same power as in respect to the persons employed in other institutions under the control of said board. is 392. The necessary expense of maintaining such asylum and its appurtenances shall be provided for in the same manner as the expenses of the other institutions under the control of the said commissioner. The said board are authorized to demand and receive all fines imposed for intoxication or disorderly con- duct in the city of New York, which fines, without any deduc- tion, shall be paid over monthly by the magistrate, clerk, or other person who receives the same, to the said board, and shall be by it applied and accounted for as other moneys received by it by virtue of this chapter. ij 393. The said board shall make all needful rules and regula- tions for the government of said asylum, and shall provide for the proper support and maintenance of the inmates thereof, and especially for such medical treatment as will be effectual for, or tend to the curing of, such inmates of the habit of inebrietv and Iii'luMrinl school au- thorized. Commitments to industrial schools and labor therein. Id. |& Hurt 's Island to in- under con- trol of com- missioners. 1809, cn. arc. |i, Coinp. 374. Reception hos- pital for wounded and sick. mi, eta. ui, Conip. 368. Asylum for inebriates. Physicians, offi- cers, and attendants. Comi>cnsatk>n. Id. 52, as amended m7, cn. 170, Conip. 3C9. Expenses for constructing and maintain- ing. Certain fines to be jwid com- missioners. Id. S3. Duty and powers of commissioners. ASYLUM 1 uK [NEBRIA1 B8. Id.jy, Comp.870. Estate 'if Ine- briate liable for his support in asylum. 16C9,cb.3;0.iin. r'omp. I. When persons may be tnms- ferred from alms nt\d work house to asy- lum 1881, cil. 4«. Commissioners may transfer insane persons to insane asylum. Expenses, how to be paid. diseases induced thereby, and they shall' have lull ppwer and authority to regulate and control ♦the inmates of said asylum, and to establish such provisions for moral and sanitary discipline as they may deem expedient. § 394. The estate of any person committed to such asylum, and the person committed, shall he liable for the support of such person therein, and the committee of every 1 such person shall pay out of his estate such reasonable and proper sum as shall be fixed by the justice or judge ordering the commitment. The said hoard of public charities and correction shall have author- ity to bring and maintain actions, in any court of competent jurisdiction, against the committee or guardians of the estate of any person committed to said asylum as aforesaid, or against any person so committed, for the support and maintenance of such person while in said asylum. Such actions may be brought by said board in the name of the mayor, aldermen, and com- monalty of the city of New York, and all recoveries bad in such actions shall enure to the city of New York, and all amounts collected thereon shall be received by said board, and accounted for in the same manner as all other moneys which it is by law authorized to receive. § 395. It shall be lawful for the said board of charities and correction to transfer from the alms-house and work-house un- der tfieir control, to said inebriate asylum, any persons commit- ted to the alms-house or work-house, who, in the judgment of said board, shall be tit and proper subjects for the said asylum, and, in their discretion, to return such persons to the alms- house or work-house; provided, however, that no person shall, by reason of such transfer, be restrained of his liberty for a longer term than required by his original sentence or commitment. § 390. The board of public charities and correction are-hereby authorized, in their discretion, to transfer any insane person, heretofore or hereafter committed to, or being in their custody, or in any institution under their control, to any state lunatic- asylum, the managers or proper officers of which shall consent to receive the same ; and every such person so transferred shall be detained, or permitted to remain in am* such asylum, until discharged according to law. The expense of the maintenance of every person so transferred, which shall be fixed by agree- ment between said commissioners and such managers or officers, and of removing from, and, in case of discharge, of bringing back to said city every such person, shall be estimated for. raised and paid in the same manner as the other expenditures of the said commissioners of the department of charities and correction, such expenses not to exceed the present cost of their maintenance. KMIM.OYMKNT IN W'OliK- HOUSES. 1 I 7 §397. The said board shall have authority, at any time, to iSM.ch.jrra.fM, discharge from said asylum any person committed thereto. fovcuuMfor the following causes, viz. : ^T^X 1. That said person is cured. obMge " 2. That such person is incurable, and incapable of being per- manently benefited by the treatment and discipline of said asylum. 3. That Mich person has failed to pay for his support therein, or has been guilty of vicious conduct, prejudicial to the good order and discipline of the institution. . § 398. It shall he lawful to detain in the work-house, for the »8ao,ch.5iaj7, ' as amended purpose of employment therein, any person who shall have been ^lip^iM 6, duly committed to the city prison, the penitentiary, or the alms- Persona com- house; but it shall not he lawful for vagrants or paupers, or the Jjris'm ma'y%- recipients of the public charities of the said department, unless work-house, they have been before convicted of crime, to b.e employed in company or in. association with persons committed as aforesaid, for offenses other than intoxication, or assault and battery, not felonious. The board may transfer and commit, or cause to be transferred and committed from the said city prison, peniten- tiary, or alms-house, to the said work-house, or to such parts of Blackwell's island as are set apart for purposes of public criminal correction (subject to the prohibition of company and associa- tion aforesaid), the following classes of persons : persons com- mitted for crime ; persons in the alms-house ; persons applying for relief to the department, providing their own conseut to such transfer or committal be obtained; persons committed by magis- trates as vagrants or disorderly persons. No person committed to the city prison for disorderly conduct shall be transferred from said prison until after the expiration of forty-eight hours after the commitment. No person committed to the said city Wheadb- •' charged. prison or the work-house for drunkenness or disorderly conduct, shall be released or discharged from confinement before the ex- piration of the term for which he or she shall be committed, except upon reversal of judgment upon appeal, or review by a court of superior jurisdiction to the magistrate making the com- mitment, without a written order directing such discharge be made and signed by the committing magistrate and one of the commissioners of public charities and correction. § 399. Every person whose age or health will permit shall be iseo.ch.oio.ss. employed in getting out stone or in cultivating the grounds Ull- titled in work- del" used of the said department, or in manufacturing such arti- plowed. 110 " vm ~ cles as may be required for the ordinary use of the institutions under the control of the said board of commissioners, preparing and building sea-walls around the islands or other places upon which the said public institutions now are or may hereafter he L48 l-.\ll'l.o\ MK NT IN "\\ oKKllOt'SKis. 1800, ch. 510, §0, C'omp. 359. Hours of labor. Id. §10. May open ac- count with paupers. Id. §11. l*aupers and criminals to be kept separate. Id. §12. located, or at such mechanical or other labor as on trial shall be found to .suit the capacity Of the individual. It shall be the duty of the department to use every proper means to furnish convicts and paupers with suitable employment by contract ; such em- ployment, however, not to conflict or come into competition with any mechanical or other employment pursued by the people of this State. And in case any convict or pauper shall neglect or refuse to perform the work allotted to him or her, by the person in charge, it shall be the duty%f the proper subordinate to pun ish such convict or pauper by confinement, by being foil on bread and water only, for such length of time as may be consid- ered necessary ; which refusal and punishment -diall forthwith be reported to said board of commissioners.' And in case any pauper shall refuse or neglect to perform the work assigned to him or her on three several occasions, the said board may expel BUch pauper from the alms-house. g 400. The hours of labor shall not exJJBed ten per day to each person subject to the discipline of the department, and shall be fixed by the board ; and the articles rai-ed or manufac- tured shall be subject to the order, and placed under \hc control of said board. All the grounds occupied by the said depart- ment, or under the jurisdiction of the board, not otherwise occu- pied, and whic h are capable of cultivation, shall be used for agricultural purposes, and improved in such manner as will yield the greatest revenue to the department ; and the proceeds arising from the sale of articles thus raised shall be paid monthly into the hands of the board, and be by them paid over to the city chamberlain, and a memorandum thereof filed with the depart- ment of finance of the city and county of Xew York. >J 401. The board may open, in their discretion, an account with all paupers committed to said work-house, charging them with all the expenses incurred by the city for their board and maintenance, and crediting him or her with a fair and reason- able compensation for the labor performed by such pauper ; and at the expiration of the term of sentence, if any balance shall be found to be due to them, may pay the same to such pauper in cash at the time of their discharge, in the discretion of the board. § 402. It shall be the duty of the said board to cause to be kept and employed, separate and apart from each other, the paupers and criminals, and as far as possible to cause the latter to be classified, so that the novice in crime may not become con- taminated by the evil example of, or by association and contact with the more hardened and confirmed. § 403. Each superintendent, each warden or chief officer of the several institutions under charge of the department, shall sri'KKIYI 'KNOKNTS i)K lNSTITl TIONS. 14'.' make his requisitions, in writing, on tho board, for all articles *Jggj|g{J&£to deemed necessary by the said board, to be used in the respective be in writing institutions under his charge and shall keep an accurate account of Ihf name. Ls ; 404. Bach said superintendent, warden or chief officer. !l l " : ' ■ ■ To renori shall, once in each week, report to the board the number of persons received, transferred, sick, died, and remaining in the respective institutions under their charge : also the quantity and kind of labor performed. § 405. The officer having charge of the alms-house, shall gftf^ |M » dailv send all paupers residing in the alms-house, capable of Certain . - xt. o ~ t paupers in performing any work, and not otherwise employed, to the i^^lllXnvd work-house, or such other of the institutions, the city prisons to work-house, and penitentiary excepted, where they shall be put at such labor as the chief officer thereof maybe authorized by the board of commissioners to direct. . ^ 40G. It shall be the duty of the officer in charge of the nur- w. jis, series to provide suitable employment for all the children under children to i». his care, under such regulations and provisions as are herein- before provided for in reference to paupers committed as afore- said. § 407. The board of public charities and correction shall be '>'• !»«. authorized to make, from time to time, such rules and by daws andby-uws. for the management and government of the department, and especially of each institution, as may seem to them necessary, and which shall not be inconsistent with the provisions of this chapter, nor contrary to law. 408. The board shall, whenever the increase of inmates in, w - i 17 < or the proper care and government of, the institutions or estab- imnrove lishments on Randall's island, or Blackwell's island, or the Belle- vue hospital, under their charge, or any other of them, shall, in their judgment, render it necessary or expedient, have power to enlarge, add to, or alter the buildings belonging to such in- stitutions, or any one of them, and to erect other buildings on said islands, or within the inclosure of Bcllevue hospital, for the uses and purposes of said institutions, or any one of them. The board shall also have power to lay out a potter's field, where not already laid out, to make inclosures therein, to build vaults therein, and to provide all necessary labor therefor, and for in- terments therein. They shall also have power to make all need- ful repairs to buildings or property under their control. But they shall by virtue of this section incur no expense in excess of the sum appropriated therefor. £ 409. The commissioners, or any one commissioner, shall *** •* jlnv appreniit'o have power in the forms and with the provisions now prescribed |^JJ™j| 0Wt by law to indenture and bind out. as apprentices during their L50 MINOHS TO BE APPRENTICED. eo N. v., 886. 1871, ch. 607, i°, C'omp. 805. 1881, ch. 443, $010. lilml out disor- derly persona. 180O,cb.51O, $-.'), Coiup. 300. 1871, ch. 607, 51, Comp. 3G-1. Commitments. 1850. ch. 329, 59. C'omp. 301. minority, any minor children who may he committed to their care by any police magistrate, and shall have, with reference to those so committed, and any minor children, t he same powers in respect thereto as are possessed by the managers of the house of refuge for-juvenile delinquents; and the board, or any com- missioner, shall have power, in their discretion, to cancel such indentures; and they may bind out such children for the em- ployment of fanning, or any useful art <»r trade, to citizens of the adjoining States. § 410. The commissioners, when so authorized by the court of sessions, may bind out any minor who has been committed as a disorderly person to some lawful calling, as a servant, ap- prentice, mariner, or otherwise, until he be of age; or if any person so committed be of age, said commissioners may, when so authorized, contract for his service with any person as a laborer, servant, apprentice, mariner or otherwise for not ex- ceeding one year. Such binding out or contract, pursuant to this section, has the same effect as the indenture of an appren- tice with his own consent and that of his parents, and subjects the person bound out or contracted, to the same control of his master, and of the court of sessions, as if he was hound as an apprentice. § 411. Whenever, in any act or ordinance not inconsistent with the provisions of this act, but applicable thereto, the words alms-house department of the city of New York shall occur, it shall be taken to mean and refer to the department of public charities and correction, and in like manner the words governor or governors of the alms-house shall be taken to mean the com- missioner or commissioners referred to in this chapter. § 412. It shall bo lawful for the hoard of public charities and correction to commit to any of the institutions under their charge other than penal, for a period not exceeding six months, any person or persons committed to their charge by any police magistrate of the city of New York, and such vagrants as ask for commitment. § 413. It shall be lawful for the said board, and it shall have power, in relation to all persons who shall hereafter be com- mitted to any institution under their charge as vagrants, by rea- son of their being "persons who shall have contracted an infec- tious or other disease in the practice of drunkenness or debauch- ery, requiring charitable aid to restore them to health," after the same shall have been under medical treatment sufficiently cured to be discharged or to work or labor, in their discretion to detain such person or persons, and transfer or commit them to the work-house, until from the proceeds of their work and labor there shall have been received by said board, beyond the charge of V ^GRANTS. 151 their support while in said work-house, a sum sufficient to reim- burse all the expenses of their charge, and euro while under _____ medical treatment as aforesaid. Provided that under this sec tion no such person shall be detained or committed to said work- house for a longer period than six months. § 414. The said commissioners shall not, in the cases where ojS_M4s8!' * 3 by law they are empowered to discharge vagrants from the in- stitutions under their control, hereafter discharge any of said vagrants from custody before the expiration of their, terms of imprisonment, without the written consent of the committing magistrate in each case. § 415. Xo insane person shall be discharged from the lunatic compare'' 1, 51 asylum of the said county without the certificate in writing of 1885 tcii.85& the physician thereof, which certificate shall be filed and kept in said asylum, stating that such discharge is safe and proper. ^ 4 It?. The board of public charities and correction are hereby i88o,ch. m a authorized, m their discretion, to permit the reception and treat- StM»ras5St ment in Bellevue hospital of persons who do not reside in the y. rit? B tobe city of New York, provided that every person so received and v r uehoi P "taK ll( ' treated shall be required to pay such sum for board and attend- I>roviso - Money rBcotvcd ance as may be fixed by said board. All sums so paid shall be tobepaidtotbe reported by the said board to the comptroller, and paid over to ' the chamberlain once in every three months, and shall be added to, and form a part of, the annual appropriation made by the board of estimate and apportionment for supplies for said de- partment, and may be expended in the same manner as the moneys appropriated for that purpose by said board of estimate and apportionment. § 417. The board of public charities and correction are hereby [^p'V'J 5, •*« authorized to transfer to the care and charge of "The Shepherd's Fold, of the Protestant Episcopal church, of the State of New York," such orphan and friendless children as are eligible by the charter and constitution of said society. § 418. The said board is authorized and empowered to insert Transfer of 1 orphan and in the annual departmental estimate of the expenditures re- Sjjgjjjj!* 8 quired for that department, directed to be furnished to the board imb, eh. m, of estimate and apportionment, an item of expenditure for the ^tefofA* relief of poor adult blind persons in the city, not to exceed twenty thousand dollars. Said board shall distribute the sum so appropriated each year, in uniform sums, not to exceed fifty dol- lars to any one person, to such poor adult blind persons, not in- mates of any of the public or private institutions in said city, as have resided in said city continuously for two years previous to the application for said relief, and under such rules and re- strictions as the said department may deem necessary. £ 410. All the provisions of sections seventv-five, seventv-six, i«'o, ch- fa, ji. 1 J " ' Comp. 373. L52 RELIEF OF POOR F.LINI) PERSONS. Acts relating to annual reports extended to commissioners. See Rev. Bta.Pt I. ch. t!0, title 1, M75, 70, 77, 78; 1842, ch. 214; ihi:p, .-h i." IH70, ch. 421, $3, Comp. 37G. Annual reports, when to be made. Id. $G. Secretary of state to furnish forms and blanks. 1813, ch. 80, $250, Comp. 3C2. 1881, ch. 442. §$914, 915, 920. Who may be compelled to support poor relatives. 1881, ch. 442, §881. Bastardy bond. 1881, ch. 442, §924. Abandonment bond. seventy-seven, and seventy-eight, of chapter twenty, title one, part one, revised statutes of the State of New York, as amended by chapter two hundred and fourteen, laws of eighteen hundred and forty-two, and chapter one hundred, laws of eighteen hun- dred and forty-nine, relating to reports by superintendents of the poor of the several counties of the State to the secretary. of state, and the penalties for the neglect of duties under said acts are extended to and made applicable to the board of public char- ities and correction. The said board an- hereby required to make an annual report to the secretary of state, on or before the tenth day of January of each year (covering the yeav ending Novem- ber thirty), upon the statistics of the poor required to be made by said acts. The secretary of state shall, from time to time, furnish the said board with the necessary forms, blanks, and in- structions required in making up reports upon the statistics of the poor. § 420. Any person who may have or hereafter shall come into the city from any other State within the United States, shall not be deemed and adjudged legally settled in the said city unless the party shall first prove to the satisfaction of the board of public charities and correction that after his or her arrival therein, he or she, as the case may be, shall have acquired such requisites to constitute a settlement as are necessary in and by the laws of such State from whence fye or she may have come as aforesaid. § 421. The father, mother, and children, of sufficient ability, of a poor person who is insane, blind, old, lame, impotent or de- crepid, so as to be unable by work to maintain himself, must, at their own charge, relieve and maintain him in a manner to be approved by the commissioners of charities and correction. If a relative of a poor person - fails to relieve and maintain him as in this section provided, the said commissioners may apply to the court of sessions for the order authorized by law in such cases. The action authorized by law for a failure to com- ply with an order of court requiring the payment of a weekly sum for such support must be in the name of the mayor, alder- men, and commonalty. § 422. When the court orders the prosecution of an under- taking for the appearance at the court of sessions of a person charged as the father or mother of a bastard, the prosecution must be by the commissioners of charities and correction and the amount collected must be paid into the city treasury. § 423. The security required according to law, that a wife or children, abandoned, shall not be chargeable to the city, must be satisfactory to the commissioners of charities and cor- rection. ORGANIZATION 01' I IKK DEPARTMENT. V CHAPTEB XI. The Fire Department. Title I.— Organization, Ditties, and Powers of its Officers and ^embers. § 424. The board of fire commissioners shall possess and IZmp^m^ |: '' exercise, fully and exclusively, all powers, and perform all duties v £*™ ° f ,J ° for the government, management, maintenance, and direction ' ;ll ,: lv I f: " ' ° ' ' 49 How. 67. of the fire department of the city, and the premises and property thereof. The said department shall have sole and exclusive power and authority to extinguish fires in said city. All real estate, fire apparatus, hose, implements, tools, bells, and bell-tow- Transfer or ' , i ii • , • propertv of old ers, fire telegraph, and all property, of whatever nature, in use by nr»*epart- the firemen or fire department of the city, belonging to said city, shall be in the keeping and custody of the fire department, and for the use of said department. But the said property shall re- main the property of the mayor, aldermen, and commonalty of the city of New York, subject to the public uses of said depart- ment, as aforesaid, and for the purposes provided by this chap- ter. And whenever any of the said property shall no longer be needed by the said department for the purposes of this chapter, they shall surrender the same to the said the mayor, aldermen, and commonalty. 4 425. The said board shall, subject to the other provisions of Board topro- ° r vide horses, this act, have full power to provide supplies, horses, tools, imple- apparatus, etc. ments, and apparatus of any and all kinds (to boused in the ' C1 extinguishing of fires), and fire telegraphs, to provide suitable locations for the same, and to buy, sell, construct, repair, and have the care of the same, and take any and all such action in the premises as may be reasonably necessary and proper. § 426. The board shall possess and exercise full and exclusive w. sr. power and discretion for the government, management, main- oomp. nsrf. tenance, and direction of the several buildings and premises, ?onSoi"n*"i 10 and bell-towers, and property, and appurtenances thereto, and property, all apparatus, hose, implements, and tools of any and all kinds which may belong to or l»e in the use of the said department. 4 l JT. There shall be in this department four bureaus. One wra.ch.wijfM, , Comp. 37y, bureau shall be charged with the duty of preventing and ex- amended . , - . , . 1880, ch. B81, |1, tinguishmg fires and of protecting property from water used at 154 I'OWKKS or COMMISSIONERS. Investigation of the origin of fires. inspector of buildings to be appointed. 1865,ch.249, fl l, Comp. 383. Election of officers. See 1873. eh. 83.1, $§ex, 7*. 1871, ch. MS, §7, C'OUip. 895. Location of lire alarm tele- graph. Regulations for control of telegraph. Making false alarms or muti- lating poles and wires. fires, the principal officer of which shall be called the "chief of department." Another bin can shall be charged with the execu- tion of all law s relating to the storage, sale, and use of combus- tible materials, the principal officer of which shall be called " inspector of combustibles." Another bureau shall be charged with the investigat ion of the origin and cause of fires, the prin- cipal officer of which shall be called " fire marshal." Another bureau shall be known as the "bureau of inspection of build- ings." The head of the bureau of inspection of buildings shall be known as the inspector of buildings, and the said bureau shall, under and subject to such rules, regulations, and orders as may be established by the board of fire commissioners, have charge of all matters relating to buildings and structures in the city of New York devolved on said department. The "inspector of buildings" may be authorized by the board of fire commissioners to perform any duty, or to exercise any power or authority, intrusted to said department with reference to buildings and st ructures. § 42S. The said board shall have power to select heads of bureaus and assistants and as many officers and firemen as may be necessary, and the same shall at all times be under the con- trol of . the said board, and perform such duties as may be as- signed to them by the said commissioners. § 429. Said board shall have exclusive right and power from time to time to designate and fix the location of all fire-alarm telegraph, signal and alarm stations in the city, and to have access to and the control of the same for the purposes of the de- partment; to fix upon and adopt the colors or combination of colors in painting the poles, boxes, and fixtures thereof, and the. kind or style of keys and appliances by which to operate the same; to select and designate the places of deposit for keeping the keys of the various stations, and to designate the offices and persons who shall be intrusted with duplicate keys and author- ized to use the same, and to make from time to time such rules and regulations governing the possession, return or use thereof, and as to the use and control of said telegraph, as they may deem necessary; and no person other than the said commission- ers or their officers and their employees specially authorized to operate said telegraph, or to use the same for instruction or drill, or policemen or citizens using the same for communicating an actual alarm of fire, shall make use thereof; and no person shall use the keys or appliances thereof for communicating a false alarm, or experimenting or tampering with the same for any purpose whatever, or have or possess any key thereof, without such authority; and no person, association, corporation, or company shall post, paint, impress, or in any way affix to any POWERS or COMMISSIONERS. pole connected with said tire-alarm telegraph, or any box, wire, or other appliance connected therewith, any placard, sign, broad side,- notice, or announcement <>f any kind, or (Hit, mutilate, alter, mar, deface, cover, obstruct, or interfere with the same in any manner whatsoever, or paint or cause to be painted, the poles of any other telegraph, or any other poles on the lines thereof, of asimiliar color or colors, or in imitation thereof, nor consent, allow, or be privy to any of said things being done for them or upon their behalf; and any offense against the provis- ions of this section shall be punished as a misdemeanor, and subject the party or parties violating the same to an additional penalty of one hundred dollars. Iso kite shall be flown, raised, wfiaefntto or put up in the streets or avenues adjacent to the lines of said elegrRp telegraph, or allowed to become entangled with the wires or ap- paratus of said telegraph, under a penalty of ten dollars for every such offense; and the board of police and their officers are specially charged and directed to aid in the enforcement of this section. 430. The said board of fire commissioners shall, subject to 1*5,011. 349, §u, the other provisions of this act, provide such offices and busi- Business offices ness accommodation as may be requisite for the transaction of the business of the department and that of its subor- dinates. The department may adopt a common seal and direct its use. §431. The board of fire commissioners is hereby authorized, o2!^sm? ,$1 *' empowered, and especially charged with the duties of enforcing J|^ a r £ t ement of the several provisions of this chapter, and may, subject to the Licensor - other provisions of this act, incur any expense necessary, and proper therefor ; and said board is hereby authorized and em- powered to receive and collect all license fees mentioned in this how brought, chapter, and to sue for, and shall have the exclusive right of re- covery of, any and all penalties imposed under this chapter, and may sue for and recover and collect the same, with costs, in the manner provided for in actions under the Code of Civil Proced- ure, and shall apply the same to the uses and purposes of the relief fund of the fire department in the city of New York, and the said board may bring any suit or action for the enforcement of its rights and contracts, and for the protection, possession, and maintenance of the property under the control of said de- „ . 1 1 1M5, ch.3S5, §2-* partment ; and any action to recover any fee, fine, or penalty oomp.a8a, under this chapter may be brought in any of the district courts ne U y\ e o\°b« a de or ' in said city ; and the attorney to the fire department shall, under the direction of said board, take charge of the prosecution of all suits or proceedings instituted for the recovery and collection of penalties, and the enforcement of the several provisions of this chapter ; collect and receive all moneys upon judgments, suits, part men t. I'OWKRS OF i uMMISMONKRs. oi- proceedings so instituted ; pay all costs and disbursements, and discontinue suits and proceedings, and execute satisfaction of judgments upon payment of penalties, or costs, and in com- pliance with orders made in such suite and proceedings ; shall keep a correct and accurate register of all suits and proceedings, and account for all moneys received and paid out thereon ; and moncy"to 0f s * ia ^ ovei " t° treasurer of the relief fund the amount of tamaurar <»« re- all license fees, penalties and moneys received and collected hy him, and the said hoard is authorized to settle or compromise any such suit or judgment for less than the amount of the same incase, in their judgment, they are satisfied that payment of the full amount cannot he collected. Mom^dlxi* 78 ' § 432. The hoard of fire commissioners may appoint a person 1880, cu. wi, $1. regularlv admitted to the bar, and practicing in the city of New Attorney to , , _ , ni.-iiiv York, to he attornev to the fire department. He shall perform, department. • , as attornev, such duties connected with the tire department as are prescribed by this chapter, and as may be required of him by the board of fire commissioners. He shall he removed for cause, and after an opportunity to he heard. i806,c1l249, is, §433. Any commissioner who shall, during the term of his When commis- O ffice, be publicly nominated for any office elective by the peo- Seiuoimve pie, and who shall not decline the said nomination within ten office" "" days succeeding notice of the same, shall be deemed to have vacated his office. I86S, ch.W9,SS4, cj i'M. It shall h.3 the dulv of said department to make suit- uniforms ana able regulations under which its ; officers and men shall be required to wear any appropriate uniform and badge, by which in case of fire and at other times, the authority and relations of such officers and men in said department may be known as the 1865, §21, exigency of their duties may require. It shall be a misde- renaitv for un- meanor, punishable by imprisonment . in the county jail for a iugumVonnTte. period of . not less than sixty days, for a person not enrolled or c^p. b 386 2 ' §1T employed, or appointed by the said department, to wear the MseaUums 114 wn °l e or au >" P ar * ; °f the uniform or insignia prescribed to be worn by the rules or regulations of the board, or do any act as firemen not duly authorized by the commissioners, or to inter- fere with the property or apparatus of the fire department in any manner, unless by the authority of the department. Any person who shall falsely represent any of the members of the fire department, or who shall maliciously, with intent to de- ceive, use, or imitate any of the signs, fire-caps, badges, signals, or devices adopted or used by the said department, shall be deemed guilty of a misdemeanor, and shall be subject to a fine of not less than twenty-five dollars, or more than two hundred and fifty dollars, and to imprisonment for a term not less than ten days, or more than three months, such fines, when col- L NIKOKMKD I < )!{< !•: OF I IHK DEPARTMENT. 157 lected, to bo paid over t<> tho trustors of tin- New York I in; de partment relief fund. § 135. No person shall ever \to appointed to membership in the JJJ^^ 178, lire department, or continue to hold membership therein, who is ^;; , 1 i | , ; !l ^'; r, * n - not a citizen of the United States, or who has ever been convict- Membership ed of crime, or who cannot read and -write understanding!? in the English language, or who -hall not have resided within the State one year. § 43C. No member of the hre department shall, under penalty {jJMjgf:* M < of forfeiting tho salary or pay which may be due to him, with- ggg?' 1 * draw or resign, except by permission of the board of fnecommis- Be siouers. Unexplained absence, without leave, of any member of the uniformed force, for five days, shall be deemed and held to be a resignation by such member, and accepted as such. § 437. No person holding office under this department shall i6to,c1uk , - be liable to military or jury duty, nor to arrest on civil process, Firemen ex- or.'whilst actually on dutv. to service of subpcenas from civil o^aadclwP arrest. courts. § 43S. Every member of the uniformed force shall have issued w. |6i. to him, by the board a proper warrant of appointment, signed by appointment the president of the said board, and secretary or assistant secre- tary, which warrant shall contain the date of his appointment and his rank. .^ 439. Each member of the uniformed force shall take an id. sou. oath of office, and suhscribe the same before an officer of the do- ° athsof «?«* partment empowered to administer an oath. §440. The government and discipline of the fire department i~; :., ], :;, ;.. t shall be such as the board nfay, from time to time, by rules, reg- Di^pu,,^ ' illations, and orders prescribe. The board shall have power, in orders, its discretion, on conviction of a member of the force of any legal ? ' ' offense or neglect of duty, or violation of rules, or neglect or dis- Punishment or obedience of orders, or incapacity, or absence without leave, or f .k'. hv^ '' any conduct injurious to tho public peace or welfare, or immoral Wx.y. m conduct, or conduct unbecoming an officer, or other breach of j^" 5 ^. .„ discipline, to punish the offending party, by reprimand, forfeit- Comp. s™. ing and withholding pay for a specified time, or dismissal from the force; but no more than ten days' pay shall be forfeited and withheld for any offense. Officers and members of the uni- formed force shall be removable only after written charges shall have been preferred against them, and after the charges have been publicly examined into, upon such reasonable notice to the person charged, and in such manner of examination as the rules and regulations of the board of fire commissioners may m prescribe. §441. An intention to reduce the force and expense of the lsra.chjStfTB, , - . - • .11 • II , • i . , »s amended bureau of inspection of buildings, or the clerical force of the iwo, ch. ki. §i. l.->s FNIFOKM Kl> FOKCF OF FIRK DEl'AHTMKNT. l9T8,cb.88fi,(110, its amended if so, ch. rat, $•». Salaries of Ore department, Grading of firemen. 1803, ch. 2»0,§20, Com]). 386. Fire depart- ment and poliee toco-operate. department, shall bo deemed sufficient ground for I he removal of any officer or employee of said bureau, except the chief officer thereof, and of any cleric in the department. The board of lire commissioners is authorized to abolish any office, clerkship, or employment in the said bureau of inspection of buildings, and fchey may consolidate the duties of any Iwo or more officers, clerks, or employees thereof. ..' 14L'. The salary attached to either of the follow ing positions in tin- fire department shall not exceed the sum hero designated as tbc maximum salary of such position when held by any per- son appointed to the uniform force of said fire department af ter May twenty-ninth, eighteen hundred and eighty: For chief of battalion, two thousand dollars; for a foreman, fourteen hundred dollars; for an assistant foreman, thirteen hundred dollars; for an engineer of steamers, twelve hundred dollars; for an assistant engineer of steamers, eleven hundred dollars. The members of the uniform force, appointed after May twenty- ninth, eighteen hundred and eighty, shall, on their appointment, become members of what shall be known as the third grade, at a salary of eight hundred dollars per year; after two years of service in such third grade, they shall, if their conduct and effi- ciency has been satisfactory, be advanced to what shall be known as the second grade, at a salary of nine hundred dollars per year: after two years service in such grade, they shall on like conditions, be advanced to what shall be known as the 'first grade, at a salary of one thousand dollars per year. But no member of such uniformed force shall be so advanced, as aforesaid, except after examination and approval of his record, efficiency, and conduct* by the board of fire commissioners. £ 443. It shall he the duty of the fire department and of the police board, their respective officers and men, to co-operate together in all proper ways, and the said board and depart- ment may respectively provide for protection against fire, and for the arrest of all persons who may at or near any fire commit, or attempt to commit, any crime against the laws of this State, or violate any rule or regulation of said board or department. Title 2. — Fires and their Extinction. 1805,ch. 340, §15, Comp. 384. Right of way. Penalty for refusing right of way. 444. The officers and men of the fire department, with their apparatus of all kinds, when on duty, shall have the right of way at any fire, and 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 or owning any vehicle, who shall refuse the right of way, or in any way ob- CORPS OF SAPPERS and MlNKKs. struct any lire apparatus, or any of said officers, while in the performance of duty, shall be guilty of a misdemeanor, and be liable to punishment for the same. » iH4.">. TJie board of lire commissioners is empowered to pro- JSm^aw 4 * * 0, \i(le*Tm- the laving on the railway tracks of the city, over the " • • 1 - •• •• hose used by the department for the extinguishment of fires, of hwh such hose-bridges as they may deem necessary ; and the various horse and steam railway companies running cars within the limits of the city of New York shall provide and use such hose- bridges as may be designated by the board of commissioners of the lire department. Such bridges shall be paid for by the rail way companies using the same. §446. No person shall in any manner obstruct the use of i«ri,ch. so. any fire-hydrant in said city, or allow any snow or ice to bo [^jjj^^ o{ thrown or piled upon or around the same, or have or place, or flre hydrant*, allow to be placed, any material in front thereof, from the curb line to the centre of the street, and to within ten feet from either side thereof, and all snow. and ice accumulating within snow, ice, etc. such space shall be removed by the owner or owners, lessee or lessees, of the premises fronting the same in the same manner as is prescirbed for the keeping clear of the sidewalk, under a penalty of ten dollars for each and every such offense ; and any and all material found as an obstruction, as aforesaid, may he forthwith removed by the officers or employees of said board, and at the risk, cost and expense of the owner or claimant, and said board may take all proper measures to keep said hydrants from freezing and in proper condition for use at all times. §447. The board of fire commissioners' is hereby empowered ]Hr3 _ ch : . y „ and directed to maintain in the fire department a corps to he *' Oon,p ' known as the corps of sappers and miners. Said corps shall be ^audmiueis composed of not exceeding three members, either officers or pri- officer for drill vate firemen, of each company in said fire department, and said members shall be appointed by said board, upon the nomination of the chief engineer of said fire department. The said board shall appoiut a suitable officer, who shall be skilled in the use of explosives, whose duty it shall be to instruct and drill said corps in the use of explosives, and to give said corps such other in- struction as may be required to qualify them to effectually dis- charge the duties imposed upon them by this title. Such officer shall receive ^m annual salary of two thousand dollars, and such salary shall be raised and paid in the same manner as the sala- ries of the other officers appointed by said board. § 448. Whenever, under and by virtue of the acts relating to id. §3. the extinguishment of fires in said city, the destruction or pull- ing down of any building or buildings shall he deemed necessary, and shall be ordered by the officer in command at anv fire in 1 1)1 1 l'IKHS AND TIIKJIi EXTINCTION. When building! to be pulled down. Comp. 387. Depots for stor- age of explosives. 1*13, cb. w), >hi. Comp. 112. Uuildings, when to be pulled down. i; Wend. I* i(1.188:S01d.l80; •£> Id. 157: 9 l'aitfe, 508; 2 Denio. I'll ; :i Zabrisldei N.J i, !>,590. Payment to per- sons Bustaining loss. Id. §82. Idle and suspi- cious persons may be remov- ed from fires. Officers. said city, it shall be the duty of said corps, or any member or nienihcrs thereof, hy the direction of the said officer in command at such file, to level and destroy .such building or buildings by the use of explosives, for the purpose of arresting the spread of such lire, and it shall be lawful for them to enter and take po<«— ion of the same for such purposes. $119. The board of fire commissioners shall establish, in tin- city of New Ycrk, one or more depots for the storage and safe keeping of such explosives as may be required for the use of said corps, and may limit the quantity of any such explosives to be kept at any one of such depots. § 450. When any building or buildings in the city of New York shall be on fire, it shall be lawful for the mayor, or in his absence the recorder of the city, with the consent and concur- rence of any two of the aldermen thereof, or for any three of the aldermen, to direct and order the same, or any other build- ing which they may deem hazardous, and likely to take fire, or to convey the fire to other buildings, to be pulled down or de- stroyed. Upon the application of any person interested in such building so pulled down or destroyed, to the court of common pleas it shall be its duty to issue a precept for a jury to inquire of and assess the damages which the owners of such building and all persons having any estate or interest therein, have re- spectively sustained by the pulling down or destroying thereof: which precept shall be issued, directed, executed, returned, and proceeded upon, and the proceedings thereon shall take effect, as nearly as may be, in such manner as by the second and fourth titles of chapter sixteen of this act is provided in the case of land taken for public purposes; and the said inquiry and assessment having been confirmed by the said court, the sums assessed by the said jury shall be paid by the said mayor, aldermen and commonalty to the respective persons in whose favor the jury shall have assessed the same, in full satisfaction of all demands of such persons respectively by reason of the pulling down or destroying such building; and the court, before whom such pro- cess shall be returnable, shall have power to compel the attend- ance of jurors and witnesses upon any such assessment of dam- ages. § 451. During the actual prevalence of any fire, it shall and may be law fid for the officers of the police and fire departments to remove or cause to be removed and kept away from the vicinity of such fire, all idle and suspicious persons, and all per- sons not fit to be employed or not actually and usefully em- ployed, in their judgment, in aiding the extinguishment of such fire or in the preservation of property in the vicinity thereof. > PKKVKXTIoN or riHF.S. If.l Title 3.- -Prevention of Wires. Explosive o)»d combustible Materials. i 152. All carpenters or others in said city making or using isn, cb. dm, |>, , ,, * , ' , , i j i Comp. 118. shavings, shall, at the close of each day, cause the same to he i8», ch. w. |i, securely stowed in some safe place remote from danger by SSrSJwa^ means of lire, under the nenaltv of live dollars fi>r each < nuis- <•>■ 1 i • j Conip. 395. B10U SO to do. N'o person shall kindle any fire nor furnish the iseo.ch. iw, |i, materials nor in any way authorize or allow any fire to he made Kh«mnKnrw in any street, road, alley, lane, or upon any pier, wharf, or i".^,,'^' ' '' bulkhead in said city, except under such regulations as shall he established by said hoard of fire commissioners, under a penalty of ten dollars for each and every such offense. If any chimney, Btove-pipe, or fine within the said city shall take fire, the occu- pant of the premisVs to which such chimney, stove, or flue ap- pertains shall forfeit the sum of five dollars. § 15o. All hoist ways, well-holes, trap-doors, and iron shutters i866.cib.8r8. 9baU be closed at the completion of the business of each day by L the occupant of the building having use or control of same, and 187X | ^ 748 * « in case of a violation of this provision, such ocoupant having §tos!D* 3 of the use or control thereof shall forfeit and pay. a penalty of fifty IVap'doore'and dollars for each and every neglect or omission so to do. And for iro " setters, any accident or injury to life and limb, resulting directly or indi- rectly from any neglect or omission to properly comply with any of the requirements of this section, the person or persons culpa- ble or negligent in respect thereto shall be liable to pay to any offi- cer, agent, or employee of said board injured, or whose life may he lost (resulting from such neglect or omission) while in the discharge or performance of any duty imposed by said board, or to the w r ife and children, or to the parents, or to the brothers and sisters, - being the surviving heirs-at-law of any deceased person thus having lost his life, a sum of money in case of in- jury to person not less than one thousand dollars, and in case of death not less than five thousand dollars, such liability to he de- termined and such sums recovered in an action to be instituted by said board for and in behalf of any person injured, or the family or relatives of any person killed as aforesaid ; and any uabattg in and all persons for any fa r resulting from his or their willful or negligence, etc. culpaple negligence, or criminal intent or design, shall, in addi- tion to the present provisions of law for the punishment of per- sons convicted of arson, be liable in a civil action for the pay- ment of any and all damages to the person and property the re- sult of such tire, and also for the payment of all costs and ex- penses of said board incurred in and about the use of employees, apparatus, and materials, in the extinguishment of any fire re- EXPLOSIVE \M» ( o.mim BTIBLE MATERIAL**. 1891, eh. i r,\ ( 'oinp. :cc. Ughta in thea i res, stables, etc. I'iri's in li« >l . theatres, churches, man ufactortes, etc. Firemen ai pliicrsof amusements im\ Ingscenery, etc. 1851, ch. ; 12, Gonip. 31". (iimpowdt-ianil explosive nils imii com- pounds. Storage I licenses for retailing gun- powder, etc. jilting from such caUBe, the amount ol' such costs ;ni(l expense to bo fixed by said board, and when collected shall be paid into the relief fund of said department herein created ; and shall also he liable for injury to person or loss of life of any officer, agent, or employee of said board, in the same manner and like extent, and to be sued for in like manner as in the preceding part of this section provided for. 454. All lights used in theatres and all other places of pub- lic amusement, manufactories, stable-, or in show window.-. shall be properly protected by globes, ^ lass coverings, or in such other manner as said board shall prescribe, under the penalty of ten dollars for each omission to do so. The proprietors of all manufactories, hotels, tenement houses, boarding and lodging houses, warehouses, stores and offices, theatres and music halls, and the authorities having charge of the public schools and other public buildings, churches and other places where large numbers of persons are congregated Cor purposes of worship, instruction or amusement . -hall provide such means for Communicating alarms and extinguishing fires, and communicating necessary information to the police, a. -aid board and board of police shall prescribe. And said board of fire commissioners may detail, not to exceed two members of the fire department, at each and every place of amusement where machinery and scenery are used, while such place i- open to the public, whose duty it shall be to guard against fire, and have charge and control of the means provided for its extinguishment, and shall have the con- trol and direction of the employees of the place to which they may be detailed for the purpose of extinguishing any fire which may occur therein. ^ 455. Ko person shall manufacture, have, keep, sell, or give away any gunpowder, blasting powder, gun-cotton, nitro glycer- ine, dualin, or any explosive oils or compounds, within the. cor- porate 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 board of fire commis- sioners shall prescribe ; and said board shall make suitable pro- vision for tire storage and safe-keeping of gunpowder and other dangerous and explosive compounds or articles enumerated un- der this title, beyond the interior line of low water-mark in the city and county of New York. The said board may is*sue licenses to persons desiring to sell gunpowder or any of the articles men- tioned under this section at retail, at a particular place in said city to be named in said license (provided that the same shall not be in a building used in any part thereof as a dwelling, un- less specially authorized by said license), and persons so licensed may have on their premises, if actually kept for sale, a quan- KXI'LOSIV K AND COMBUSTIBLE MATERIALS. 163 tity, not exceeding al any one time, of nitroglycerine, live Qwutj pounds ; of gun-cotton, five pounds; of gunpowder, fourteen pounds ; blasting powder, twenty-five pounds; and/all of said articles shall be put up in tight metallic canisters, containing, or capable of containing, not more than one pound each ; and the persons so licensed shall place on some conspicuous part of the front of each of t he stores or buildings in which they may be licensed to sell powder, or any of the articles named under this section, a sign, on width shall be distinctly printed, in characters legible to persons passing such stores or buildings, the words '• licensed to sell gunpowder," or designating such other of the articles herein named as is there offered for sale; and every barrel, cask, canister, bottle, can, vessel, box or parcel, in which the same is sold, or into which the same is delivered on being sold, shall be distinctly labeled with a printed sign or label, Ho* labeled, printed upon or firmly affixed thereto, describing the article contained therein, with the word, " danger" distinctly painted below the same. No nitro-glycerine, dualin, or gunpowder shall ^^SSSwted be manufactured in said city, and no quantities of nitro-glycer- ine, dualin, or gunpowder greater than above provided shall be kept, carried, or conveyed within said city : except that for the ,jf purposes of distribution to or delivery from stores and buildings in said city, a quantity not more than live quarter casks may be carried at any one time, during the daytime, for the purpose of transportation from any vessel, or sending the same to said stores or buildings, or any vessel or place without, said city ; provided, that in the carrying or conveying the same it shall be protected by being completely and securely covered with a leather or canvas cover or case, and marked "gunpowder." in citj Transportation Notice -if an iv- The commander, owner or owners of any ship or other vessel p^r.^u''.,.,, arriving in the harbor of Xew York, and having more than '''' twenty-eight pounds of gunpowder, dualin, or nitro-glycerine on board, shall, within forty-eight hours after the arrival, and before such ship or vessel shall approach nearer than three bun- dled yards of any wharf, pier, or slip, to the southward of a line drawn through the centre of Seventy-third street, immediately give written notice to the said board of the fact that such pow- der 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 tranship such gunpowder, dualin, or nitro-glycerine from one ship or vessel to another, for the purpose of immediate transportation, without landing the same ; provided, however, that the provisions of this section shall not apply to any vessel receiving gunpowder on freight oil any one day, provided such vessel do not remain at any wharf of the said city, or be within three hundred yards thereof, after KX PLOSIVE AND COMP.CS'l llil.K .M ATERIALS. »rtTrtc' u " sunset. All gunpowder, gun-cotton, blasting powder, dunlin, Ho"hVp-nf'' b nitroglycerine, or other explosive compound, found in violation of this section, shall be forthwith seized and safely stored, and he sold, upon three days' notiee to the owner or claimant ; and Hie 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 lire department in the city of New York. Nothing contained in this section shall he construed fco 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 iTovihion not yards or upwards from the wharves, piers, or slips of the said to apply to vet . r ~ « Bels of war. city. comp^MR 8, ^ 8 '*' J( ' 1 N «j fireworks, detonating works, cartridges, powder Manufacture train, percussion caps, collodion, nitrate of soda, nitrate of sil- and keeping of * OraworlB, ver. ether, phosphorus, matches, or explo-aw compounds shall chemicals, etc. . . , - , . lvrinit tii.i.- hereafterh ' manufactured, si ri e l, or k"p! up m sale in the city. boring of Are- except at such places, in such manner, and in such quantities as Buthorizt'"'" shall he determined hy the said hoard in the- exercise of their dis- cretion, imder a permit by them granted therefor, and subject to be revoked at any time by said board. Fireworks, consisting of Chinese crackers, rockets, blue-lights, candles, colored pots, lance-wheels, and other works of brilliant-colored fires, may he kept upon sale intervening the tenth day of .June and the tenth day of July in each year, by retail dealers, under such reasona- ble regulations as said board may prescribe, under a permit acids. M issued therefor ; and no quantity of the following-named chemi- cals, acids and combustible materials greater than as hereinafter enumerated, shall be stored or kept in or upon any one building within the city, namely: sulphur, one thousand pounds ; manu- factured matches, five hundred pounds ; saltpetre, nitrate of soda, five hundred pounds in the whole ; nitrate of silver, collo- dion, ether, phosphorus, fifty pounds in the whole ; cartridges, percussion caps, powder train, one hundred pounds in the whole ; aqua fortis, muriatic acid, nitric acid and sulphuric acid, Tar, .pitch, tm no t exceeding one thousand pounds in the whole; tar. pitch, pontine, etc. . . 1 7 ? j. j rosin, turpentine, one hundred barrels in the whole, except the same shall be stored and kept in such building and manner as said commissioners may require, under a special permit by them issued therefor. 1871, ch. r«, h § 457. No person shall have, keep upon sale, or store in any Crudepetro- pktee or building within the corporate limits of the city, any leum and coai crU( ] e petroleum, coal, or any similar oil, nor any of their pro- ducts, either of which shall emit an inflammable vapor at a temperature below one hundred degrees of Fahrenheit, except under the following provisions : or any of their products may be f 0r irehou " e!i stored in detached and properly ventilated warehouses, the outer KKl'l.oSlVK AM) ('o.MBl'STIBLK MATERIALS. Walls of which shall he stone, brick <>r iron" especially adapted COT the purpose, by having raised sills, at least two feet high, or the ground floor of which shall heat least two feet helo'w the level of street or adjoining yard, or so constructed ;is to actually pre- vent tho overflow of such substances beyond the premises where the same may be kept or stored; which said warehouses shall not be occupied in any part as a dwelling ; ami 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 commissioners m;i\ prescribe, but the same may be stored in such other manner as said commissioners may designate under a special permit issued therefor. No refined petroleum, kerosene, coal, or similar oil, keJosenTetc. or earth or rock oil, or machinery oil, or any product thereof to '^fvvJlnp V. be used for illuminating or heating purposes which shall emit an inflammable vapor at a temperature below one hundred degrees Fahrenheit, shall he 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 commissioners, using G. Tagliabue's instruments, or such other Bovs "' s,e ' 1 instruments as may be designated by said commissioners, the barrels or packages containing the same to be legibly stamped or ma i ked with said inspector's official stamp or mark. No Xumber of bftr . refined petroleum, kerosene, gasoline, naphtha, or benzine, ben- ^ a ° r f - above zole, .camphene, or burning fluid, or products or compounds con- taining 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 bar- rels, provided, however, that the whole quantity of said refined oils that may be so kept or stored over night shall not exceed the contents of ten of said barrels, unless stored in the manner provided for storing crude petroleum ; and when stored in cellai-s 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 tho contents cenmf e of one hundred and fifty barrels, unless stored in warehouses specially adapted for that purpose, as" required for the storage of crude petroleum under this section ; provided, also, that no quantity of said oils greater than one barrel shall be stored or kept in any building occupied in any part thereof as a dwelling. Xo refined petroleum, kerosene, gasoline, naphtha, benzine, ben- U)OT( , ana zole, camphene, burning fluid, or products or compounds con- °° r ' Umtted taining any of said substances, shall be kept or stored on or itbove the first story or floor of any building, exceeding in the whole quantity the contents of five barrels, of forty gallon^ each. KXI'LOSIVK AND COMI5I STIHLK MATERIALS. ( 'ortlng, band ling bso trans- porting. Permits for storage in proof build lll(.'S. <'!<•. 71, eh. ; IS mip. 80 L Licenses, 1871, ch. :>ki. |i, ( tomp. 417, To lie posted in st.iri' Penalty fur selling Without. 1871, < li. 742, H Liability in action for damages. Ill no case sliall any of tli(! articles named in this section Ik; allowed to remain on the sidewalk beyond the front line of any building, or in or upon the streets, docks, piers, bulkheads, Blips, highways, or public places a longer time than is actually neces- sary for the removal or loading of the same, and said commis- sioners may establish and enforce general regulations and issue 8Ueh orders and special directions relative to the handling, light- ering, carting, loading, unloading, ami transportation of the several articles named under this section, as in their discretion shall be deemed necessary for the public protection, and said commissioners may issue special permits authorizing the keep- ing of any of the articles enumerated tmder this sort ion in build- ings, tanks, or structures lire-proof throughout, in SUCfa quanti- ties, in such manner, and subject to such regulations ;is shall tend to secure the same against danger. 5? 458. No person shall sell at retail, or give away, any kero- sene 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 said commissioners, to be issued with the consent of the mayor, under such rules and regulations as they 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 commissioners shall demand and receive the sum of ten dollars. Said license shall be posted in a conspicuous place in the store of the person or persons to whom the same; is issued, and may be revoked for cause by said commissioners. Any person who shall sell any of the compounds above mentioned in this or the last section without first obtaining a license therefor, shall forfeit and pay the sum of twenty-five dollars. § 459. In case any person is burned by the explosion of any compound, the sale of which is prohibited by any section of this title, or has not been subjected to sanitary survey, or licensed as therein provided, and death ensues therefrom, the person found guilty of selling the same shall be deemed guilty of a felony, and, upon conviction, sliall be punished by a fine of not less than one thousand dollars, nor more than five thousand dollars, or by imprisonment in the State prison for a term not less than one year nor more than five years ; and in case of a bodily injury the party injured may maintain an action for damages against the party violating the provisions of this title. And 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 ac- tual stock being offered for sale, and of the same quality there- with, shall forfeit and pay the additional sum of fifty dollars. EXPLOSIVE AND COMBUSTIBLE! MATERIALS. 167 11' anv lire insurance company, organized under lite laws of tin's PoUdMoovar - i " ~ utfwu&ot pro state, or any insurance company of any other state, or any for. p^J^ 001 " eign insurance company authorised to the business of insur- ance in this state, Bbalj indorse upon any policy issued by them the eight or privilege to keep, deal in, give awa> . -ell. ex use an\ article or compound of a combustible or explosive character, the Bale of which is made unlawful by any act of the legislature of this state, or Bhall cause or permit such indorsement to be made by others upon their policies of insurance, they shall for each and every such off ense forfeit and pay a fine of five hundred dollars. • L officers, employees, orcrewof anv ship, vessel, canal boat, barge, 1 in- m-n^hi ' 1 • i • tit vessels, eti\. lighter, boat or other craft lying at or within one hundred and within iso tee\ -ii-iii-inii of places where fifty feet of any warehouse, yard. shed, dock, pier, lunkhead, pefroteum u wharf, or other place within the county of New York, at, in, or on which petroleum oil, or any of its products, is stored, or kept for export, or in quantities exceeding ten thousand gallons; or for any other person or persons to bring, keep, have, or us5, or sutler or permit to be brought, kept, had or used on board of any such ship, vessel, canal boat, barge, lighter, boat, or other craft, or at, in, or on any such warehouse, shed, yard, dock, pier, bulk- head, wharf, or other place, any lighted match, or lighted cigar, cigarette, or pipe, or any tire or light of any kind, without, or otherwise than in strict conformity to the written permission of the owner, lessee, or superintendent of such warehouse, shed, yard, dock, pier, bulkhead, wharf, or other place, specifying the fire or light to be kept, had or used, the particular purpose for. ami the place or spot at which the same may be so kept, had or used, and the particular manner of keeping, having or using the same. This section shall not apply to steam tugs while trans- exceptions acting their ordinary business, nor to steam fire engines engaged in extinguishing fires. Every violation of this section shall be a Penalty. misdemeanor, triable before the court of special sesssions. §461. No quantity of the following named chemicals and i§m,cu.«s, . . , i>!> r >-">. -v.'. Oojttp combustible materials greater than is hereinafter enumerated shall be stored or kept in, or upon any one building within the regardus™ city, namely: hemp or flax, unbaled, two thousand pounds in the whole; varnish, rosin, twenty barrels in the whole; alcohol, pure spirits, eamphene. burning fluid, five barrels in the whole; un- slacked lime, ten barrels; vitriol, five carboys in the whole; loose wood shavings, one hundred pounds; except the same shall be stored and kept upon an open space of ground, surrounded by a wall constructed entirely of fire-proof materials, at least twelve feet high and twelve inches thick: or within a fire-proof build- cliemienK EXAMINATION OP BUILDINGS, itJHl. eta. 107, SI. Storing of more thun twenty toiiH of hnv, etc., prohibited, except in llr<'- proof buildings, ate rjneo vered hay, etc.. keeping of 18V1 cli. 742, S9. Comp. 397. Ripht to enter stables, vessels, etc. Deposit of astaes. lf«6.ch. S73, §57, Comp. 407. Notice to re- move or secure combustible materials ing remote or distant at least fifty feet from any adjacent build ing. ?j 462. No quantity of cotton, bay, straw, flax, hemp, busks, rushes, oakum, rags, sea weed, jute or other vegetable fiber when pressed or baled, greater than twenty tons in the whole, shall be stored or kept in any building within fche city of New York, un- less kept in a building (iie proof throughout, or upon an open space of ground surrounded by a wall constructed entirely of lire-proof materials, at least twelve feet high and twelve taebes thick, or within a fire proof building remote or distant at least fifty feet from any adjacent building, or in a building approved by the New York board of underwriters or the commissioners of the fire department, and of which approval a certificate shall have been issued by either of said boards, and shall not have been revoked; and none of the articles enumerated in this section, when loose or not baled, shall be kent as aforesaid in quantity exceeding one thousand pounds in the whole; excepting in a private stable, in which may be kept such loose hay and straw in quantity not exceeding twenty-five hundred pounds in the whole. No person shall have, put or keep any hay or straw un- covered in any stack or pile, or in any other way exposed, with- in one hundred yards of any building in said city, or shall have, put or keep within said city any hay, straw, hemp, flax, shav- ings or rushes in any building not built of stone or brick or iron, or covered with tile or slate or other fire-proof material, which is or shall be within ten feet of any dwelling-house or chimney whatsoever. 403. The commissioners and their officers or agents, under the direction of said commissioners or either of them, are hereby empowered at any and all times to enter into and examine all buildings, dwelling-houses, livery and other stables, hay-boats, or vessels, and places where any merchandise, gunpowder, hemp, flax, tow, hay, rashes, firewood, boards, shingles, shavings, or other 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 defective or dangerous, or that a violation of this title exists therein, may deliver a written or printed notice, containing an extract from this title, of the pro- visions in reference thereto, and notice of any violation thereof, and notice to remove, amend or secure the same within a period to be fixed therein. And in case of neglect or refusal on the part of such occupant or of the possessor of. such combusti- ble materials, or any of them, so to remove, amend or secure the same within the time and in the manner directed by the said commissioners in such notice, the party offending shall forfeit INVESTIGATION OF OKIOIN OK ITUKs. It','. I and pay, in addition to any penalty otherwise imposed, the sum of twenty-five dollars, and the further sum of five dollars for every day's neglect to remove, amend or secure t he same after being so notified. All the expenses of any removal, alteration comp/w or aiiH'iiiliiicnl as aforesaid, shall he paid in the first instance hy SJmtoot 01 the occupant, hut shall be chargeable against t he owner of such dwelling-house or other building, and shall be deducted from tin rent of the same unless such expense he rendered necessary by the act or default of such occupant, or unless there he a special agreement to the contrary hetween the parties. § 464. All persons or corporations who shall he required to omp.Vrl*' *°' have and obtain permits shall furnish such information as may he required, touching the condition of any building and the busi- ness therein proposed to be conducted, preliminary to obtaining such permits. § 465. Any person, persons, or corporation, for* the violation c^ip"'^^ 11 of, or non-compliance with, anv of the several provisions of the >•';»> fnum.-mt ' 1 * 1 ed fines ami several sections of this title, when the penalty is not therein penalties, spatially provided, shall severally forfeit and pay a fine or pen- alty in the sum of fifty dollars for each and every offense, or shall forfeit and pay the penalties respectively imposed under any of said sections, and shall also be severally liable for the removal, amendment, or abatement of any violation of, or non- compliance with, any requirement under said sections, and shall also he severally liable for the payment of the further penalty of the sum of fifty dollars for any violation of, or non-compliance with, any regulation, order or special direction issued by said commissioners, as authorized under this chapter. Said commis- sioners may, in their discretion, pay a portion of a fine, or pen- Part may be alty, when collected, not to exceed one-half thereof, to an in- Informer, former. Title 4. — Fire Marshal and Investiyation of Origin of Fires. § 466. Said board of fire commissioners are hereby authorized §io) combos, and empowered to investigate, examine, and inquire into investigations r ° ' • . as to fires and the origin, details, and management of fires in said cit y, and violations of " ' ' ° J ' regulations. also of any supposed cases of violations of any of the provisions ton. y. 487. of this chapter, or of any of the several regulations, orders, or special directions issued by said board for the purpose of the dis- hooS' covery of any delinquency in the non-performance of duty or 1>apere ' violation of discipline on the part of any officer, agent, or em- ployee of said hoard, or any supposed cases of arson or incen- diarism, which may be brought to their notice; and said board, in and about any examination, investigation or inquiry, authorized hereby, touching any matter or thing therewith connected, may subpama and compel the attendance of any person or persons: 170 INVESTIGATION OP ORIGIN OF FIRE aild the production of any books, papers, archives, or documents in his or their possession, or under Ins or their control, in the judgment of said hoard, connected with and neces-aiy to sm li examination, investigation, or inquiry, before them, at the time and place therein named: and fur the purpose aforesaid. Subpnmiu their attorney may at any time ohtain to he issued subpo-nasout of the supreme court, tested under the name of a justice of said court, in like form and with like effect as though issued by said justice in any action pending in a COUTt of record: and said subpu'ita may l>e served, and proof of such service may he made, in the same manner as now hy law provided for the service of SUbpo'iias out of the said court; and upon proof of service and peniiitj proof of non-compliance, failure to attend and testify on the part of any person or persons, as required hy said suhprena, or a failure or refusal on the part of any person or persons to pro duce any -urn hooks, papers, archives or documents in his or their possession, or* under his or their control, or a failure or re- fusal on his or their part to answer any question put to him or them, and pertinent thereto, upon any examination, inquiry or investigation as aforesaid, application may he made hefore any justice of said court, who shall, in rase he shall decide such question pertinent and proper to he answered, thereupon cause to he arrested, and may punish as for a contempt of the orders of said court, the person or persons named in said suhpcena, and in such case the laws, rules, and proceedings relating to punish ments for contempts, and usual in said court, or before any jus 0atns t ice thereof, shall he applicable]thereto. Said commissioners, 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 ad- ministered shall be perjury, and punishable as such in such man- ner as now provided under the laws applicable thereto: and said examination or investigation may he continued and adjourned by the said commissioners conducting the same, from time to time, and at such time and place as shall be designated, and any person subpoenaed as aforesaid shall attend and testify upon said adjourned day or days, and at the time and place desig- nated, and of which they shall have been notified, as though the same had been named in said subpoena, and with like effect as to any failure to appear and answer under the requirements Testimony. therein contained; provided, that any testimony or evidence taken as aforesaid shall be for the information and instruction of said board in the discharge of their duties, and in the prevention to he °£ future fires, and the protection of property, and shall be care- fully kept in the archives and possession of said board, and shall • in no manner he used in any criminal proceeding or action, but DUTIES OP FIRE M U.'sil \l. 171 may be placed before any grand jury in said < ily or county of New York. vj 407. It shall be the duty of the fire marshal, or his officers , i, ,-,m. » :. and agents, when authorized by him in writing so to do, to eiremanhai enter Into any building or premises within said city for tho pin- ... pose of examining, or causing to he examined, the stoves and pipes theveto, ranges, furnaces, and heating apparatus of every kind whatsoever, including the chimneys, flues, and pipes with which the same may he connected, engine rooms, boilers, ovens, kettles, and also all chemical apparatus, or other things which in his opinion may he dangerous in causing or promoting tires, or dangerous to the firemen or occupants in case of fire; and upon finding any of them defective or dangerous, or in any manner exposed or liable to tire from any cause, he shall report the same i'.'.'.'I'.'."/"''^- to the hoard, who may thereupon issue orders or special direc- geeis^hlsac, tions, either printed or written, directing the owner or occupant Fire marshal to to alter, remove, or remedy the same in such manner and with "-i^'',:^' ''„' in such Reasonable time as may be necessary, and in respect thereto may authorize and direct the use of such materials and appliances as shall be deemed proper and necessary; and in case of neglect or refusal so to do within the time prescribed by such orders or directions, the fire marshal, under the direction of said board shall cause such alteration, removal, or other 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 provided for the recovery of fines and penalties under this chapter. >i 40S. It shall be the duty of the fire' marshal to. examine i868,cb sea into the cause, circumstances and origin of fires occurring in F1 ^' mflr8ha i to said city, by which any building, vessels, vehicles, or any vain- "X!"'.!"'Mr. ». able personal property shall be accidentally or unlawfully burned, destroyed, lost, or damaged, wholly or partially; and to especially inquire and examine whether the fire was the result of carelessness or the act of an incendiary. The fire marshal stay take testi- - ,, inonv and bud- shall take the "testimony, on oath, of all persons supposed to be ^ tm ^ orts ln cognizant of any fact, or to have means of knowledge in rela- tion to the matters herein required to he examined and inquired into, and cause the same to be reduced to writing, verified and transmitted to the board with his report in writing, embodying his opinion and conclusions in relation to the matter investi- gated. The fire marshal shall report in writing to the fire de- T , )ffhomre . partment, to the board of police, to the district attorney, to the nSae. tob " New York board of fire underwriters, to the owners of property, or other persons interested in the subject-matter of investiga- tion, any facts and circumstances which he may have ascer- tained by such inquiries and investigations which shall, in his 172 DUTIES OF FIRE MARSHAL May anest per- son's In CUM Of suspected til-son 1808, ch. 503, p, Comp. '118 May compel attendance of witnesses Order to arrest witnesses re- fusing to an- swer sub- poenas. .Marshal may enter and ex amine build- ings. Id. §0, Comp. 417. Fire comjmis- sioners may supervise inves- tigations by marshal. See 1873. oh. 335. §76. (•pinion, require attention from or by either of said boards, otfti cers or persons; and it shall he the duty of the fire marshal whenever he shall be of opinion that there is evidence sufficient to ( barge any person with the Crime of arson, to cause such per- son to bo 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 board, as often as such board shall require, his proceedings, and the progress made in all pros- ecutions for arson, and the result of all cases which are finally disposed of. >j 469. The fire marshal shall have power to issue a notice, in the nature of a subpoena, in such form and subscribed in such manner, as the board of fire commissioners shall prescribe, to compel the attendance of any person as a witness before him. to testify in ivlatir repaired ill BulldliwUmMi said eity, except in conformity with tho provisions of this title, etty. §472. AH buildings hereafter erected within said < it y, other niiun, m than frame or wooden buildings, shall have all walls, whether the same be outside or party walls, constructed of stone, brick, or iron, properly bonded and solidly put together, and all such walls shall bo built to a line, and be carried up plumb and u *** straight, with close joints; and the several component parts of such buildings shall be built and constructed in such manner as . herein provided. " §473. All foundation walls shall be laid not less than four id.fa. feet below the surface of the earth, on a good, solid button i, and in case the nature of the earth should require it, a bottom of driven piles, or laid timber of sufficient size and thickness, shall be laid to prevent the walls from settling, the top of such pile or timber bottom to be driven or laid below the water line; and all piers, columns, posts or pillars resting on the earth, shall be set upon a bottom in the same manner as the foundation Avails. Whenever in any case the foundation wall or walls of any build- ing that may hereafter be erected, shall be placed on a rock bottom, the said rock shall be graded off level to receive the same. All excavations upon the front or side of any lot adjoin- ing a street shall he properly guarded and protected by the per- Foundation son or persons having charge of the same, so as to prevent the, waiisou rock same from being or becoming dangerous to life or limb; when- Exclvntions. ever there shaM be any excavation, either of earth or rock, upon ivotecthmoi " ■ ' 1 party wail any lot or piece of land in the city of New York, and there shall be any party or other wall Avholly or partly on adjoining land and standing upon or near the boundary line of said lot, if the person or persons whose duty it shall he. under existing laws, to preserve and protect said wall from injury, shall neglect or fail so to do, after having had a notice of twenty-four hours from the fire department so to do, the said department may enter upon the premises, and employ such labor and take such steps ' as in its judgment may be necessary to make the same safe and secure, or to prevent the same from becoming unsafe or danger- ous, at the expense of the person or persons owning said wall or building of which it may be a part, and any person or persons • doing the said work, or any part thereof, under and by direction of the said department, may bring and maintain an action against the owner or owners, or any one of them, of the said wall or building of which it may be a part, for any work done or materials furnished in and about the said premises, in the 17! CONSTRUCTION OF B.UILDINOS. L85S, ch. 0, |], ( lomp. 68®. ( lompensal m I Abb. (K.C.) N.Y. 380: 72 Id, 307. ixn. ch. os i '(ini|i .v.*; i, IK. Base course footing. 11,. w 1 • ■ l i 1 1 . b'ouutlal ion walls W. §5, as amended 1874. ch. 54". §1. Thickness uf walls for ihvelT- ing-houses. game manner as if he had been employed to do tin- said w ork by the said owner or owners of the said premises. 474. Whenever excavations, for building or other purposes, Oil any lot or pioce of land in the city and county of New York, shall be intended to be carried to the depth of more than ten feet below tin- curh, and there sliall be any party or other wall, wholly or partly on adjoining land and standing upon or near tho boundary lines of such lot, the person causing such excava tions to be made, if afforded the necessary license to enter on the adjoining land, and not otherwise, shall at all times from* the commencement until the completion of such excavations, at his own expense, preserve such wall from injury, and so support the same by a proper foundation that it sliall remain as stable as be- fore the excavations were commenced. § 47.~>. The footing or base course Under all foundation walls and under all piers, columns, posts or pillars resting on the earth, shall be Of stone or concrete, and if under a foundation wall, shall be at least twelve inches wider than the bottom width of the said wall; and if under piers, columns, posts or pillars, shall be at least twelve inches wider on all sides than the bottom width of the said piers, columns, posts or pillars and not less than eighteen inches in thickness: and if built of stone the stones thereof shall be not less than two by tin ee feet, and at least eight inches in thickness : and all base stones shall be well bedded and laid edge to edge ; and if the walls, be built of isola- fced piers, then there must be inverted arches, at least twelve inches thick, turned under and between the piers, or two foot- ing courses of large stone, at least ten inches thick in each course. All foundation walls shall be built of stone or brick and shall he laid in cement mortar, and, if constructed of stone, shall be at least eight inches thicker than the wall next above them to a depth of sixteen feet helow the curh level, and shall he increased four inches in thickness for every additional five feet in depth below the said sixteen feet ; and if built of brick, shall ho at least four inches thicker than the wall next above them to a depth of sixteen feet helow the curh level, and shall he increased four inches in thickness for every additional five feet in depth below the said sixteen feet. 476. In all dwelling-houses that may hereafter be erected not more than fifty-five feet in height, the walls shall not be less than twelve inches thick, and if above fifty-five feet in height and not more than eighty feet in height, the outside walls shall not be less than sixteen inches thick to the top of second story floor beams, provided the same is twenty feet above the curb level, and if not, then to the under side of the third story beams, and also provided that portion of the wall 'that is twelve CONSTRl OTION OF BUILDINGS. 175 inches thick shall aol exceed forty feet above the said sixteen- inch wall: and in every dwelling-house hereafter erected more than eighty feet in height, tour inches shall be added to the thickness of the wall for every fifteen feel or pari thereof thai is added to the height of the building. All parly walls in Partj dwellings over lifty-fivo feet in height shall not be less than six- keen inches in thickness. $477. In all buildings other than dwellings hereafter w.jo, * i « « IIS J II 1 1< ■ 1 1 • 1 1 I rrected, the hearing walls shall not he less than twelve inches I* thick to the height of forty feet above the curb level ; if forty feet in height and not more than fifty-five feet in height, the hearing walls shall n<>t be less than sixteen inches thick : if above fifty-five feet and not more than seventy feet in height, tho hearing walls shall not be less than twenty inches thick, to I he height of twent y feet above 'the enrh level or to the next Beariu^wajia tier of floor beams above, and not less than sixteen inches from thence lo the height of fifty-five feet above the curb level or to the next tier of floor beams, and not less than twelve inches thick from thence to the top ; and if above seventy feet and not more than eighty-five feet in height, the hearing walls shall not bo less than twenty-four inches thick to the height of twelve feet above the curb level or the second story floor beams, and from thence to the height of sixty feet above the curb level, the said walls shall not be less than twenty inches thick, and from theme to the top not less than sixteen inches thick ; and if above the height of eighty-five feet, the bearing walls shall be increased four inches in thickness for every fifteen feet, or part thereof, that shall be added to the height of said wall above the eighty-five feet . In all buildings over twenty-five feet in width, and not having either brick partition walls or girders supported by columns running from front to rear, the walls shall be in- creased an additional four inches in thickness, to the same rela- tive thickness in height as required under this section for every additional ten feet in width of said building, or any portion thereof. It is understood that the amount of materials specified mav be used either in piers or buttresses, provided the outside . walls between the same shall in no case be less than twelve inches in thickness to the height of forty feet, and if over that height, then sixteen inches thick ; but in no case shall a party wall between the piers or buttresses of [a building be less than sixteen inches in thickness. In all buildings hereafter erected, situated on the street corner, the bearing wall thereof (that is, Buildings on the wall on the street upon which the beams rest) shall be four inches thicker in all cases than is otherwise provided for in this title. All walls other than bearing walls may be four inches Jess in thickness than reouired in the clauses ami previsions of 170 < 'OXSTHL'CTION oF llllLMNGS. 1871, ch. oas, sr llsnlMIMI'll'll 1H74, ch. 517. $3 Comp. 52H. Partition "nils and Rlrdcra. Isolated buildings. 1871, ch. Ci">. : Comp. 529. Altering walls of buildings, temporary sup- ports. Biaces. this section above set forth, provided no \v;ill is Less than twelve inches in thickness. ? 47n Every building ln-rear'tor erected, inoiethan thirty feel in width, except churches, theatres, school-houses, car stable- and other public buildings, shall have one or more stone or brick partition walls running from front to rear, or iron or wooden girders supported on iron or w ooden columns ; these walls shall be so located that the space l>etvveeu any two of the bearing walls shall not he over twenty-five feet. In case iron Or wooden girders supported on iron or wooden columns are substituted in place of the partition walls the huilding may be seventy-five feet in width, but not more ; and if there should he substituted iron or wooden girders supported on iron or wooden columns, in place of partition walls, they shall be made of sufficient strength to bear safely the weight of two hundred and fifty pounds for every square foot of the floor or floors that rest upon them, ex- clusive of the weight of material employed in their construction, and shall have a footing course and foundation wall not less than sixteen inches in thickness with inverted arches under and be- tween the columns, or two footing courses of large, well shaped stone, laid crosswise, edge to edge, and at least ten inches thick in each course, the lower footing course to be not less than two feet greater in area than the size of the column: and under every column, as above set forth, a cap of cut granite at least twelve inches thick and of a diameter twelve inches greater each way than that of the column, and must be laid solid and level to receive the column. Any building that may hereafter heerected in an isolated position, and more than one hundred feet in depth, and which shall not be provided with cross walls, shall be securely lyaced, both inside and out, during the whole time of its erection, 'if it can be done; but in case the same cannot be so braced from the outside, then it shall be properly braced from the inside, and the braces shall be continued from the foundation upward to at least one-third the height of the building from the curb level. £ 479. Xo wall of any huilding now erected, or hereafter to be built or erected, shall be cut off or altered below, without permission so to do having been first obtained from the fire de- partment. Every temporary support placed under any struc- ture, wall, girder or beam during the erection, finishing, alter- ation or repairing of any building, or part thereof, shall be equal in strength to the permanent support required for such struc- ture, wall, girder, or beam. And the walls of every building shall be strongly braced fiom the beams of each story until the building is topped out, and the roof tier of beams shall be strongly braced to the beams of the story below, until ail thp floors in the said building are laid. CONSTRUCTION OF BUILDINGS. 177 480. All stone Avails less than twenty-four inches thick M-W shall have at 1« a-t one header, extending through the walls in- every three feet in height" from t he bottom of the wall, and in every four feel in length; and if over twenty-four inches ill ";*£i7 sl ,, n , thickness, shall have one header for every six superficial feet on " ,,IK both sides of the wall, and running into the wall at least two feet ; headers shall be at least eighteen inches in width and eight inches in thickness, and shall consist of a good flat stone, dressed on all sicks. In every brick wall every sixth course of ^ur^r brick shall be a heading course, except where walls are faced brk ' kwn " with brick, in which case every fifth course shall be bonded into the backing by cutting the course of the faced brick and putting in diagonal headers behind the same, or by splitting face brick in half and backing the same by a continuous row of headers. In all walls which are laced with thin ashlar, anchored to the back- ing, or in which the ashlar has not either alternate headers and Backing of °' it i walls faced stretchers in each course, or alternate heading and stretching with aahinr, courses, the backing of brick shall not be less than twelve inches thick, and all twelve inch backing shall be laid up in cement mortar, and shall not be built to a greater height than prescribed for twelve inch walls. All heading courses shall be good, hard, jading '' f perfect brick. The backing in all walls, of whatever material SSdSScWnjr. it may be composed, shall be of such thickness as to make the walls, independent of the facing, conform as to thickness with the. requirements of sections four hundred and seventy-six and four hundred and seventy-seven of this act. 4S1. Every isolated pier less than ten superficial feet at the m.§io, base, and all piers supporting a Avail buil^of rubble stone or brick, or under any iron beam or* arch girder, or arch on which a wall rests, or lintel supporting a wall, shall, at intervals of not less than thirty inches in height, have built into it a bond stone isolated ami not less than four inches thick, of a diameter each way equal to hwbff' the diameter of the pier, except that in piers on the street front above the curb, the bond stone may be four inches less than the pier in diameter ; and all piers shall be built of good, hard, well- burnt brick and laid in cement mortar, and all bricks used in piers shall be of the hardest quality, and be well wet when laid ; and the walls and piers, under all compound, cast-irou, or wooden girders, iron or other columns, shall have a bond stone at least four inches in thickness, and if in a wall at least two feet in length, running through the wall, and if in a pier, the full 'size of the thickness thereof, every thirty inches in height from the bottom, whether said pier is in the wall or not, and shall have a cap stoDe of cut granite, at least twelve inches in thickness, by the whole size #f the pier, if in a pier, and if in a wall, it shall be at least two feet in length, by the thickness of 17s I OBSTRUCTION OF BUILDINGS Setting ol columna Uollow n'ftlb, how Imill Qelghl «f walls, how coinpiili'cl Quality of brick. 1871, ell. IBS, *1 C'omp. 530. Mortnr. how composed Id. SIS. Comp. 531. Siili-i end or party walls. Anchors, how- built. Walls, how anchored at each tier of beams. the wall, and at least twelve inches in thickness. Jn any case where any iron or other column rests on any wall or pier buill entirely of stone or lirick. the said column shall be Bet on a bast*- stone of cut granite, not less than right inches in thickness by the full size of the bearing of the pier, il on a pier, and if on a wall the full thickness Of the wall. In all buildings where tht- walls are built hollow, the same amount of stone or lirick shall be used in their construction as if they were solid, as above set forth: and no hollow walls shall he 1 mil t unless 1 he two walls forming the same shall he connected by continuous vertical tie- of the samt; material as the walls, and not over twenty-four inches apart. The height of all walls shall he computed from the CUrb level. No swelled or refuse hricks shall he allowed in any wall or pier : and all brick Used in the construction, altera- tion, or repair of any building or part thereof, shall he good, hard, well-burnt lirick ; and if used during the months from April to November, inclusive, shall be well wet at the time they are laid. £ The mortar used in the construction, alteration, or i t pair of any building shall he composed of lime or cement, mixed with sand, in the proportion of three of sand to one of lime, and two of sand to one of cement, and no lime and sand mortar shall he used within t wenty-four hours after being mixed: and all walls <>r parts thereof, below the curb level, shall he laid in cement mortar, to he composed of cement and mortar, in the proportion of one of cement to two of mortar. No inferior lime or cement shall he used ; and all sand shall be clean, sharp grit, free from loam,' .md all joints and all walls shall he well filled with mortar. i 4 *>.">. In no case shall the side, end, or party wall of any building be carried up more than two stories in advance of the front and rear walls. The front, rear, side, end, and party walls of any building hereafter to be erected shall he anchored to each other every six feet in their height by tie anchors, made of one and a quarter inch hy three-eighths of an inch wrought iron. The said anchors shall be built into the side or party walls not less than sixteen inches, and into the front and rear walls at least one-half the thickness of the front and rear walls, so as to secure the front and rear walls to the side, end, or party walls : and all stone used for the facing of any building, except where built with alternate headers and stretchers, as hereinbefore set forth, shall be strongly anchored with iron anchors in each stone, and all such anchors shall be let into the stone at least one inch. The side, end, or party walls shall be anchored at each tier of beams, at intervals *)f not more than eight feet apart, with good, strong, wrought iron anchors, one-half inch roNsTKlVTloN t»l-' HL'l LDINfj.S. 17'.' by one inch, well built into the side walls and well fastened to th^ side of the brains by two nails made of wrought iron, at least one-fourth of an inch in diameter; and where the beams are supported by girders the ends of the beams resting on the girder shall be butted together, end to end, and strapped by w rought iron straps of the same size and at the same distance Beams «*ttag . ' on chili-™. apart and in the same beamasthe wall anchors, and shall be well fastened. § 484. All walls of any buildings over fifteen feet high shall Ig^uSSSk***' be built up and extend at least twenty-four inches above the roof eJip'Mi' 7 ' $1 ' and shall be coped with stone or iron. If a mansard roof shall £"> n in £. , { , |. c] f be placed upon any building, except a wooden building over three stories in height, exclusive of the said roof, the same shall be constructed fire proof. § 185. All iron beams or girders used to span openings over m.|h six feet in width, and not more than twelve feet in width, upon lr "" which a wall rests, shall have a bearing of at least twelve inches * irders at each end by the thickness of the w r all to be supported, and for "every additional foot of span over and above the said twelve feet, if the supports are iron or solid cut stone, the bearing shall be increased half an inch at each end; but if supported on the ends by walls or piers built of brick or stone, if the opening is over twelve feet and. not more than eighteen feet, the bearing shall be increased four inches at each end, by the thickness of the wall to be supported; and if the space is over eighteen feet and not more than twenty-five feet, then the bearing shall be at least twenty inches at each end by the thickness of the wall to be supported; and for every additional five feet or part thereof that the space shall be increased, the bearing shall be increased an additional four inches at each end by the thickness of the wall to be supported. And on the front of any building where the supports are of iron or solid cut stone, they shall be at least sixteen inches on the face and the width of the thickness of the wafi^to be supportgpl, and shall, when supported at the ends by brick walls or piers, rest upon a cut granite base block, at least twelve inches thick, by the full size of the bearing; and in case the opening is less than twelve feet, the granite block may be six inches in thickness, by the whole size of the bearing; and all iron beams or girders used in any building shall be, throughout, Tbicknewof of a thickness not less than the thickness of the wall to be sup- £ESSa. or ported. All iron beams or girders used to span openings more than eight feet in width, and upon which a wall rests, shall have wrought iron tie-rods of sufficient strength, well fastened at each end of the beam or girder, and shall have cast-iron shoes ^ on the upper side, to answer for the skew-back of a brick or cut- stone arch, which said arch shall always be turned over the same. * 180 CONSTRUCTION <»i BUILDINGS, and the arch shall in no case he less than 1 welve inches in height . by the width of the wall to be supported, and the shoes shall be made strong enough to resist the pressure of the arch in all cases. uvhesovei Cut-stone or hard-brick arches, with two wrought iron tie-rod- of sufficient strength, may he turned over any opening less than thirty feet, provided they have skew-hacks of cut-stone or cast or wrought iron, with which the bars or tension-rods shall be properly secured by heavy wrought iron washers, necks, and • heads of wrought iron, properly secured to the skew-backs. The above clause is intended to meet cases where the arch has not untoii to be oi abutments of sufficient size to resist its thrust. All lintels here- iron. • • • after placed over openings in the front, rear or side of a build iug, or returned over a corner opening, when supported by brick piers or iron or stone columns, sfiall be of iron, and of the full breadth of the wall to be supported, and shall have a brick arch of sufficient thickness, with skew-backs and tie-rods of sufficient strength to support the Buperincumbenl lateral weight, indepen- dent of the cast-iron lintel. In all buildings hereafter to be t mIu.mms i.. r erected or altered, where anv imn column or columns are u-ed Mi|i|n>rts. •> to support a wall or part thereof, whether the same be an ex- terior or interior wall, except a wall fronting on a street, the said column or columns shall be constructed as follows: There shal[ weight of. to be be a double column, that is. an outer and inner column, and the Mistnini-il hy Kird.Ts.iint.iv inner column shall be of sufficient strength to sustain safelv the weight to be imposed upon both the outer and inner column; and the outer column shall be made of sufficient size to allow a space of at least one inch between it and the inner column, which space shall be solidly filled with plaster of Paris, or some other non-conducting material; and all iron beams, girders, lintels, or columns, before the same are used in any building, shall have the maximum weight which they will safely sustain stamped, cast or properly- marked in a conspicuous place thereon by the founder or manufacturer of the same, and shall he made of the best materials and in the best manner. , # ccViip^f'* 15 " MSG. All openings for doors and windows in all buildings. except as otherwise provided, shall have a good and sufficient arch of stone or brick, well built and keyed, and with good and openings for sufficient abutments, or a lintel of stone or iron, as follows: For an opening not more than four feet in width, the lintel shall not be less than eight inches in height; and for an opening not rilore than six feet in width, the lintel shall not be less than twelve inches in height; and for an opening exceeding six feet in width and not more than eight feet in width, the lintel shall be of iron or stone, and of the full thickness of the wall to be supported: and every such opening six feet or less in width in all walls shall be at least one-third the thickness of the walls on which it rests. doors and « i ldows. CONSTRUCTION OF BUILDINGS. ;iik1 shall have a bearing at each (Mill not loss than four inches on the walls; and on the inside of all openings in which the lintel shall bo loss than ti c t hicknoss of the wall to ho supported, there shall a good timber lintel on the inside of the other lintels, which sball re$t at each end not more than four inches on any wall, and shall be chamfered at each end, and shall have a double rolock arch t urned over said timber lintel; arches built of stone or brick may bo turned over openings <>n a centre, which may be struck after the arch is turned, provided the arch has a good and sufli- ,^„'.';;,;::" ' cient rise, and that the piers or abutments are ol' sufficient strength to bear the thrust of the arch; and all arches over open- ings or fire-places shall be built of good, hard brick, laid' close joints, and well keyed. >. : 4s7. All the stores or storehouses, or other build inus which si.s, ° as umeiiiliHi are more than two stori s or above twenty-live feet in height ch. 547, is above the curb level, alreadv erected, or that may hereafter be door^wlndft etc, Hoistwayi built in said city, except dwelling-houses or churches, shall have doors, blinds, or shutters made of fire-proof metal, 011 every win dow and opening above the first story. When in any such build ing the shutters, blinds or doors cannot be put 011 the outside of such door or window, they shall be put 011 the inside, and if placed on the inside shall be hung upon an iron frame independ- ent of the wood-work of the window frame or door; and every such door, blind, or shutter shall be closed upon the completion of the business of each day by the occupant having the use or control of the same; and all fire-proof shutters or blinds that now are or may hereafter be put upon the front or sides of any building on the street fronts, must be so constructed that they can be closed and opened from the outside above the first story. In any store or building in the city of New York in which there shall exist or be placed any hoistway, elevator, or well-hole, the openings thereof through and upon each floor of said building shall be provided with and protected by a substantial railing and such good and sufficient trap-doors with which to close the same as may be directed and approved by the fire department; and such trap-door shall he kept closed at all times except when in actual use by the occupant or occupants of the building having the use and control of the same; and all openings in any such buildings above the first story which may open upon a street, and all openings in buildings used or occupied for school-bouses or offices exclusively, may be exempted from the provisions and requirements of this section in the manner as hereinafter provided. 46S. All chimneys and all flues in stone or brick walls in lsT1 - ch -«M 17 < J as am.->,4-l any building hereafter erected, altered or repaired, without comp 1 ^ 7 ' **' reference to the purpose for which they may be used, sball have 182 CONSTRICTION OF ULTI-DINOS. the joints struck smooth on the inside, and no parging mortar shall he used on the inside ; and the fire hacks of all chimneys hereafter erected shall not he less than eight inches in thickness. Chimney*, ^nd no tin or other metal Hue or flues, | *i j »o or pipes, or register hox orhoxes, of a single thickness of metal, used OK intended to he used to convey heated air in any building hereafter built, altered, or repaired in any part of said city, shall he allowed unless the same shall he huilt in a wall of brick or stone ; in all other cases tjie said flue or flues, pipe or pipes, register hox or boxes, shall he made double ; that i<, two pipes, one inside tin- other, at least one-half inch apart, and the space hetween the pipes shall he tilled with plaster of Paris; and no wooden furr- ing or lath shall he placed against any flue, metal pipe or pipes used to convey heated air or steam in any building; and when any wall shall hereafter he furred or lathed with wood, the space between the lathing and wall shall he filled with plaster hetween the top and under side of the floor beams of each story, so as to prevent fire from extending from one floor to another. And no air flue shall he used at any time as a smoke steam pipe* . flue. No steam pipe shall he placed within two inches of any timber or woodwork as aforesaid ; when the said space of two inches around the steam pipe is objectionable, it shall he pro- tected by a soapstone or an earthen ring or tube. Xo base or flooring or roofing, or any other woodwork shall be placed against any brick or other flue until the same shall he well plas- tered with plaster of Paris behind such woodwork. All flues in any building shall he properly cleaned and all rubbish removed, and the flues left smooth on the inside upon the completion of all such buildings as aforesaid. Xo chimney shall be started or huilt upon any floor or beam, and in no case shall the breast of a chimney project more than eight inches from the wall. All chimneys which are corbled out from the walls, as above de- scribed, shall be supported by five courses of brick ; but if sup- ported by piers, the said piers shall start from the foundation on the same line with the chimney breast, and shall not be less than sixteen inches on the face. All hearths shall be supported by arches of stone or brick, and no chinme\* in buildings already erected or hereafter to he built, shall be cut off below in whole or in part and supported by wood, but shall be wholly supported by stone, brick or iron, and all chimneys in am* building or buildings as aforesaid, already erected or hereafter to be erected or built, or any other chimney or chimneys in any part of the said city, which shall be dangerous in any manner whatsoever, shall he repaired and made safe or taken down. And the flues of all furnaces and boilers shall he constructed in such manner as the fire department shall direct. CONSTRI CTION OK UUILDINGS. ^ 489. No smoke-pipe in any building with wooden or com im, eh jm, n& hustible floors and ceilings shall hereafter enter any line, unless smokartpM the said pipe shall he at least eighteen Inches from either the SSSSfn floors or ceilings; and in all case-; where smoke-pipes pass thiough stud or wooden partitions of any kind, whether the same he plastered or not. they shall he guarded by either ;i douhle collar of metal, with at least four inches ait space and lioles for ventilation, or hy a soapstOne ring, not less than three inches in thickness, and extending through the«partition. or h} a solid coating of plaster of Paris, three inches thick, or hy an earthenware rim?, three inches from the pipe. In all cases pipMorBteam D 11 or hot uir where hot water, steam, hot-air, or other furnaces are used, the furna furnace smoke-pipe must he kept at least two feet below the beams or ceilings above the same, unless said beams or ceilings shall he properly protected hy a shield or tin plate suspended above said smoke-pipe, with sufficient space for the free circula- tion of air above and below said shield ; and the smoke-pipe shall, in all cases, be kept at least eight inches from the beams or ceilings, as aforesaid, and the top of all furnaces set in brick must be covered with brick, slate, or tin plate, supported by iron bars, and so constructed as to be perfectly tight : said covering ,,,,,,,, ,,„„.„., . to be in addition to and not less than six inches from the ordi- sK tobrick nary covering to the hot-air chamber. If. however, there is not height enough to build the furnace top at least four inches below the floor beams or ceilings, then the floor beams must be trimmed around the furnace, and said covering and the trim- mers and headers must be at least four inches from the same. The top of every portable furnace not set in brick shall be kept Portable at least one foot below the beams or ceilings with a shield of tin plate, made tight, and suspended below r the said beams or ceil- ing, and extended one foot beyond the top of the furnace on all sides. All hot-air registers hereafter placed in the floor of any H ot-airand building shall be set in soapstone borders not less than two aoorpe 8 fatCTa inches in width. All soapstone borders to be firmly set in plaster of Paris, or gauged mortar. All floor register boxes to be made of tin plate, with a flange on the top, to fit the groove in the soapstone, the register to rest upon the same. There shall also be an open space of two inches on all sides of the register- box, extending from the under side of the ceiling, below the register, to the soapstone in the floor ; the outside of said space 1 to be covered with a casing of tin plate, made tight on all sides, to extend from the under side of the aforesaid ceiling up to and turn under the said soapstone. Registers twelve by nineteen inches, or less than fifteen by twenty-five inches, shall have a space of three inches between the register-box and casing : registers of fifteen by twenty-five inches and more shall have a IS1 CONSTRUCTION OF BUILDINGS. (ins, water. ami strain pipes. lHTl.eh. 025, |10 C'omp. 598. Wooden bewni ■ ir gird en, Floor bMUlU Trimmer headers. Timbers In walk and Hond timbers. Strength of floors. Weight, how- posted and dis- tributed in warehouses. Quality and size of timbers or beams. space of three and one-half inches. All gas, water, steam, or other pipes which may he introduced into any building other than a dwelling house shall not he let into the heams, unless the same he placed within thirty-six inches of the end of t he heams: and in no budding shall the said pipes he let into the beams more than two indies in depth. In all cases where hot water, steam, hot air. or other furnaces are hereafter placed in any building, due notice shall first be given to the lire department by the owner or ownei-s of the said building, or by the person or persons placing said furnace or furnaces in said building, or by the contractor or superintendent of said work. § 490. In no building, whether the same be a frame btnkMng or otherwise, shall any wooden girders, beams, or timbers be placed within twelve inches of the inside of any line, whether the same be a smoke, air, or any other flue. All wooden beams and other timbers in the party wall of every building hereafter to be erected or built of stone, brick, or iron-, shall he separated from the beam or timber entering in the opposite side of the wall by at least eight inches of solid mason work. No floor beam shall be supported wholly upon any wood partition, but every beam, except headers and tail beams, shall rest, at one end, not less than four inches in the wall, or upon a girder, as authorized by this title. And every trimmer or header more than fouu feet long used in any building except a dwelling, shall bo hung in stirrup irons of suitable thickness for the size of the timbers. No timber shall be used in any wall of any building where stone, brick, or iron is commonly used, except bond tim- bers and lintels, as hereinbefore provided for, or as may be approved of by said department; and no bond timber in any wall shall in width and thickness exceed that of a course of brick. No bond timber shall be more than three feet in length, and such bond timbers shall be laid eighteen inches apart, par- allel to each other, and there shall be eight inches of brick or mason work between the ends of the same. In every building already erected, or hereafter to be built,- the floors shall be of sufficient strength to bear the weight to be imposed upon them exclusive of the weight of the materials used in their construc- tion; and in all storehouses the weight that each floor will safely sustain upon each superficial foot shall be estimated by the owner thereof, and posted in a conspicuous place on each floor thereof; and the weight that may be placed upon either of the floors of the said building or buildings shall be safely distributed thereon. And all timbers or beams used in any building here- after to be constructed, altered, or repaired, whether the same be a frame building or otherwise, shall be of good, sound ma- terial, free from rot, sap, shakes, or rotten knots, and of such coNsTitrrnoN ok ih ii.dincs. 185 size and dimensions as the purposes Ec* w hich the building is intended requires. 8491. In all buildings, every floor shall he of sufficient 1 ■' strength in all its parts to hear safely upon every superh< aal toot n.«.r- of its surface sevent y-five pounds; and if used as a place of public assembly, one hundred and twenty pounds; and if used as a store, factory, warehouse, or for any other manufacturing or commercial purposes, from one bundled and fifty t<> live bundled pounds and upwards; and every floor shall he of snl'- ticient strength to hear safely the weights aforesaid, in addition to the weight of the materials of w hich the floor is composed; and every column, post, or other vertical support shall be of Opidmwiof sufficient strength to hear safely the weight of the portion of each and every floor depending upon it for support, in addition to the weight required as above to be supported safely upon said portions of said floors. In all calculations for the strength of suvn^tu ,,r 1 materials. Imw materials to he used in any building, the proportion between the calculated, safe weight and the breaking weight shall be as one to three for all beams, girders, and other pieces subject to a cross-strain, and shall be as one to six for all posts, columns, and other vertical supports, and for all tie-rods, tie-beams, and other pieces sub- jected to a tensile strain. And the requisite dimensions of each piece of material is to I* ascertained by computation by the rules given by Tredgold, Hodgkinson, Barlow, or the treatises of other authors now or hereafter used at the United States Military Academy at West Point, on the strength of materials, using for constants in the rules only such numbers as have been deduced frfpa experiments on materials of like kind with that proposed to be used. Before any iron column, beam, lintel, or iron columns, girder, intended to span an opening over eight feet in length, s„p|!!",V »aii-' and intended to support a wall built of stone or brick, or any test<s Thickness i>i arches. Brick nivhes. ls71.cli.0'A">, J'A'. Comp. 538. Gutters and ex- terior cornices, Cornices se- cured and anchored. fire department as unfit to be used, the same shall not be used in, upon, or about any building or paft thereof. All ton work used in any building or part thereof hereafter to be erected or altered shall !><• of the hest material and made in the besl manner. § 492. Jn all fire-proof buildings hereafter to be constructed, where brick walls, with wrought iron beams or east or wrought iron columns with wrought iron heams. are used in tin- interior, the following rules must be observed: I. All metal columns shall he planed tun; and smooth at both ends and shall rest on east-iron hid plates, and have cast-iron caps, which shall also be planed true, if brick arches are used bel ween the beams the arches shall have a rise of at least an inch and a quarter to each foot of space between the beams. -. Under the ends of all the ii mi h< an is. where they rest on the w alls, a stone template must be built into the walls; said tem- plates to be eight inches wide in twelve-inch walls, and in all walls of greater thickness to be in width not less than-foui inches less than the width of said wall, and not to be. in any case, less than four inches in thickness and eighteen inches long. 8. All arches shall he at least four inches thick. Arches oyer four feet span shall be increased «in thickness toward the haunches by additions of four inches in thickness of brick; the first additional thickness shall commence at two and a half feet from the centre of the span; second addition at six and a half • feet from the centre of the span, and the thickness shall be in- creased thence four inches for every additional fou^feet of span town I'd the haunches. 4. The said brick arches shall be laid to a line on the centres, with a close joint, and the bricks shall be well wet and the joints tilled with cement mortar, in proportions of not more than two of sand to one of cement, by metfsure. The arches shall be well grouted and pinned or chinked with slate and keyed. § 493. All exterior cornices and gutters of all buildings here- after to be erected or built shall be of some fire-proof material, and in every case the greatest weight of stone, iron or other •materials of which the cornice shall be constructed, shall be on the inside of the outer line of the wall on which the cornice shall rest, in the proportion of three of wall to two of cornice in weight, allowance being made for the excess of leverage pro- duced by the projection of the cornice beyond the face of the wall ; and all fire-proof cornices shall be web 1 secured to the walls with iron anchors, independent of any wood-work ; and in all cases the walls shall be carried up to the planking of the roof, and where the cornice projects above the roof the wall shall be r<)NSTKi:i'T10N OK BUILDINGS. 187 carried Up to the top of the COl'nlceS, and the- party wall >hall in all cases extend up above the planking of the cornice and be coped with some lire proof material; and all exterior wooden cornices that may. now he, or that may hereafter heeome unsa/e .' J!X'',,Vnfcm or rotten, shall he taken down, and if replaced shall he con strutted of some lire proof material, and all exterior wooden cornices or gutters that may hereafter he damaged by lire fco the extent of one-third thereof, shall he taken down, and if replaced. shalUbe const meted of .some lire proof material : hut if not dam aged to tho extent of one-third thereof, the same may he repaired with the same material of winch it was originally constructed. All buildings shall he kept provided with proper metallic leaders Metallic leader* for conducting the water from the roof to the ground, sewer, or water, street gutter, in such manner as shall protect the walls and foundations from damage, and in no case shall the water from the said leaders be allowed to flow upon the sidewalk, but shall be conducted by drain-pipe or pipes to the street gutter or sewer. ; 494 The planking and sheathing of the roof of every build ctomp'ssft ing erected or built as aforesaid, shall m no case x be extended ^fe 8 ", 11 roofs. Dormer- wiu- aCrOSS the front, rear, side, end. or party wall thereof, and every such building,. and the tops and sides of every dormer-window thereon, shall be covered and roofed with slate, tin, zinc, copper or iron, or such other equally fire-proof roofing as the fire de- tags, partment may authorize, and the outside of the frame of every dormer-window hereafter placed upon any building as aforesaid, shall be made of some fire-proof material. And no wooden building hereafter erected or built or already erected in any part of the said city, more than two stories or above t wenty feet in height above the curb level to the highest part thereof, which shall re- quire roofing, shall be roofed with any other roofing or covering except as aforesaid. Nothing in this section shall be construed to prohibit the repairing of any shingle roof, provided the build- ing is not altered in height. All buildings in the city of New ^2^^ York, whether already erected or hereafter to be built, shall have ^^staire scuttle frames and covers, or bulkheads and doors, made of or "" covered with some fire-proof material, and all scuttles shall have stationary iron ladders leading to the same, and all such scut- tles or ladders shall be kept so as to be ready for use at all times, and all scuttles shall not be less in size than two by three feet ; and if a bulkhead is used or substituted in any building in place of a scuttle, it shall have stairs with a sufficient guard or hand rail leading to the roof ; and in case the building shall be a tenement house, the door in the bulkhead, or any scuttle, shall at no time be locked, but may be fastened on the mside by mova- ble bolts or hooks. And all sky-lights more than three square oonsiru^-a'''" 188 CONSTRUCTION OF 1H1 J.DINOS. I87l;ch.8«6, |24, C'onip. M9. I'ramc ImiM lng8,Btoopa and otner erections H.iv windows. Unsafe signs Id. $85, ( 'imi]> feci, placed in any building, the sash and frames thereof shall l)o constructed of fire-proof materials. § W5. So frame or wooden liuilding, slied, extension, stair- way, stoop, balcony, piazza, platform, bay or oriel window, sign over two feet in height, or other structure of any kind, in whole or in part wood) shall hereafter be built or constructed in said city, unless the same sball lirst be authorized by the fire depart mi nt, under its certificate, to be fi rst obtained therefor ; provided, however, that any piazza, platform, or balcony that df more families above the first story, shall he provided with such fire-escapes, alarms and doors as shall be directed by the fire department: and the said department shall have the power in determining the method of constructing the halls, stairways, ceilings, cellars, flues, furnaces, fire-places, and heat- ers in all dwellings hereafter erected in said city. And the owner or owners of any building upon which any fire-escapes may now be, or may hereafter he erected, shall keep the same in good re pair and well painted, and no person shall at any time place any incumbrance of any kind whatsoever upon any said fire-escapes now erected or that may hereafter he erected in said city. § 9§0. Nothing in this title contained shall be so construed as to prohibit the building of frame buildings with shingle roofs and eight-inch brick foundation walls under the same, in the twelfth, twenty-third and twenty-fourth wards, north of One Hundred and Fortieth street. Buildings of brick not exceeding two stories in height above the basement may also he erected in said district, having basement walls twelve inches in thickness, and walls above the basement eight inches in thickness con- structed of hard brick and good mortar. * 501. The drainage and plumbing of all buildings, both pub- lic and private, hereafter erected in the city of New York shall be executed in accordance with plans previously approved in writing hy the board of health. Suitable drawings and descrip- tions of the said plumbing and drainage shall in each case be submitted and placed on file in the health department. The said hoard of health is also authorized to receive and place on file drawings and descriptions of the plumbing and drainage of buildings erected prior to the passage of this act. Any person violating any provision of this section shall be deemed guilty of a misdemeanor. ( OBSTRUCTION OF BUILDINGS. 191 §503. [u all buildings ol a public character already erected «n,ch.M6,f», or hereafter to be built in said city, such as hotels, ohurehes, aMntm theatres, school-houses, restaurants, railroad depots, public hotels. ' "' halls, and otber buildings used or intended to be used for pur- u'.Hti 'V;.,,,! .... . . . ., , , . public imii-.. poses of public amusement or instruction, the balls, doors, stair- ways, seats, and aisles sliall be so arranged as to facilitate egres- in cases of tire or accident, and to afford t be requisite and proper accommodation for the public protection in such cases, and all Ataeo in public 1 1 halls ii"t to ba aisles and passage-ways in said buildings devoted to purposes of amusement or instruction, shall be kept free from camp-stools, • chairs, sofas, and other obstructions, during any performance, service, exhibition, lecture, concert, ball, or any public assem- blage ; and the fire department may at any time serve a written or printed notice upon the owner, lessee, or manager.of any of >aid buildings, directing any act or thing to be done in or about the arrangement of the said buildings, and the several appli- changes in * ances therewith connected, such as halls, doors, stairs, windows. , "' lu seats, aisles and escapes, so as to afford the greatest possible security to the public in the uses to which they maybe severally applied. ."top,. Before the erection, construction, alteration or repair owner to i» t -i t <• i «. -»t -it m submit stato- of any building or part of any building m the city of New York J^^^J is commenced, tbe owner shall submit to the fire department a tm.cfa nr.fi. detailed statement, in writing, of the specifications, and a full and complete copy of the plans of such proposed building, erec- tion, alteration or repair, which shall be accompanied with a statement, in writing, sworn to before a notary public or com- missioner of deeds, giving the full name and residence (street and number) of the owner, or of each of the owners of such build ing, or proposed building. If such erection, construction, alter- ation or repair is proposed to be made by any other person than the owner or owners of the land in fee, the person or persons intending to make such erection, alteration or repair, shall ac- company said (Hailed statement of the specification and plans with a statement, in writing, sworn to as aforesaid, giving the full name and residence (street and number i of the owner or owners of the land, and also of every person interested in said building or proposed building, either as owner, lessee, or in. any representative capacity. Such sworn statement may be made By whom to be by the agent of the person or persons hereinbefore required to made ' rtc make the same, when duly authorized so to do by power of at- torney from said person or persons, duly executed and acknowl- edged, and filed with said sworn statement. Said sworn state- ment, power of attorney, and detailed statement and copy of the plans aud specifications, shall be kept on file in the office of the inspector of buildings in the fire department: and the erec U0NSTB1 CTIOM of BUILDDiGH, I'liwc-rs "( Inspector <•( hufldlnga, tion, construction, alteration or repair of said building, or any part thereof, shall not he commenced or proceeded with until said sworn statement shall have heen so filed, and said specifica- tions and plans shall have been approved by the inspector of buildings. But the inapector of buildings may, in his discretion, and for reasons to he stated in writing and filed with the plan - and sjtecitications, dispense with the making of said sworn state- ment in any ease. Any false swearing in a material point in any statement submit led in pursuance of the provision of thi # section shall he deemed perjury and shall he punished as such. i87i, ch. 025 3 504, The inspector of buildings, under and subject to such 1*1, aa amended 1 07 J 1874, ch. M7, §8, n des, regulations, and orders as niav he established bv the fire ( Ollip. 51!!. JO J J v isho.i-ii.wi. $i. commissioners shall have full power in passing uponany quest ion relative to the mode, manner of construction or materials to be used in the election, alteration or repair of any building in the city of New York, where the same is not specially provided for herein, to make the same conform to the true intent, meaning, and spirit ot the several provisions hereof; and shall also have di- crotionary power, upon application therefor, to modify or vary any of the several provisions of this title to meet the require* inents of special cases where the same do not conflict with tho public safety and the public good, so that substantial justice may be done : but no such deviation shall be permitted except a rec- ord of the same shall be kepi by said department and a certifi- Certufeato. ca f; C ue f\ vs \ issued to the party applying for the same ; such cer- tilicate shall be issued only upon an application setting forth the facts, sworn to by the applicant, and after said application shall have been passed upon favorably by a board of examiners con- Homdof sistingof the inspector of buildings, a member of the examining committee of New York Chapter of the American Institute of Architects, one of the ex-presidents of the* New York Board of Underwriters, and two members of the Mechanics and Traders Exchange of said city, one of the latter of whom shall be a mas- ter carpenter and one a master mason, all of whom, except the said inspector, shall be selected by their respective organizations, and so certified by the proper officers to the said inspector ; no application shall be considered as passed by said board unless the same^receive three affirmative votes ; no member of said board shall pass upon any question in which he is pecuniarily inter- ested. The said board shall meet upon notice from the said inspector, who shall be chairman of the board, and the chief clerk of said bureau shall act as clerk of said board, and 'shall keep a record of its proceedings, which shall be filed in the office of the bureau of inspection of buildings. The members of said board, excepting said inspector, shall each be entitled to and Compensation, shall receive ten dollars for each attendance at a meeting of said t o.YsTKLTTlON OK lU'll.Dl.SOS. board, to be paid by the comptroller of the city of .New York, * from tht- contingent fund of said fire department upon the voucher of said inspector, hut iu no case shall they he entitled to receive compensation for more than two meetings in any one month. And provided further I hat n<> permit for the erection ProTtoo of any structure on any wharf, pier, or bulkhead shall be issued by the inspector of buildings, except by and with the approval of the said board of examiners. 3 5u5. The owner or owners of any structure, staging, build- n, , ,1 . - l • -i • i j , • , $.■£.', Comp. 540. ing. or part thereof, Of any kind whatsoever, upon which any violation of this title may be placed or shall exist, whether he or they be the owner or owners of the land in fee or not, or be the lessee or lessees thereof, or has or have a qualified or contingent interest therein by virtue of some agreement or cou- t pact in writing, or in any other manner, and any master architect or architects, builders, carpenters, or masons who may be em- ployed or assist therein, and any and all persons who shall vio- late auy of the provisions of this title, or fail to comply there- with or any requirement thereof, or shall in any manner be lia- able therefor, shall severally, for each and every such violation and non-compliance, respectively forfeit and pay a penalty in the sum of fifty dollars ; and any and all persons who shall vio- MoMof tws 0,a ' late any of the provisions of this title, or who may be employed or assist therein, or who shall be liable therefor, shall severally, Failure to re- for every such violation not removed or requirement not com- move viola,ion plied with, within ten days after notice thereof shall be given to bim or them respectively, forfeit and pay an additional penalty in the sum of fifty dollars, for the recovery of which said pen- alties, or either of them, an action may he brought in auy court of competent jurisdiction ; and whenever any judgment shall Actions, how bo rendered therefor, the same shall be collected and enforced as judgments, prescribed and directed by the Code of Civil Procedure ; the tire department is hereby authorized, in its discretion, good and suf- ficient cause being shown therefor, to remit any fine or fines, penalty or penalties, which any person or persons may have iu- fln"s!* ii '"' n of curred, or may hereafter, incur, under any of the provisions of this title. § 606. All courts of civil jurisdiction in the city- of New York mn.ch. 023,533, shall have cognizance of and jurisdiction* over all suits and pro- jurisdiction ot ceedings by this title authorized to be brought for the recovery courl3 of any penalty and the enforcement of any of the several provi- sions of this title; and any court of record in said city, or any judge or justice thereof, shall have power at any time after the service of notice of the violation of any of the provisions of this title, and upon the affidavit of the inspector of buildings, to re- strain by injunction order the further progress of any violation injunction. ll>4 CONSTRUCTION OF BUILDINGS, named i 1 1 1 1 1 its title, or of any work upon or about the building or promises upon which the said violation exists; and no under- taking shall be required as a condition to the granting or Miming of such injunction, or by reason thereof; and all courts in which any such suit, suits or proceedings are instituted shall, niton tin- rendition of a verdict, report of a referee, or decision of a judge <>r justice for any penalty or penalties, render judgment for the amount of such penalty or penalties and costs; and the said Judgment toi>. judgments so rendered shall he and become a lien upon the prem- preim>ee ises named in the complaint in any such action, to date from Un- tune of the tiling in the county clerk's office in the city of New Vork of a notice of lis pendens therein; which lien may bo en- forced against said property in every respect, notwithstanding the same may be transferred subsequent to the filing of the said notice. In no case shall the said fire department or the corpora- tion of the city of New York ho liable; for costs in any action, suit or proceeding that may have already been or may hereafter he instituted or commenced by the said department in pursuance of this title. i?«i,ch. 687, ,§ 507. All notices of the violation of any of the provisions of KsM'.'ii m'nainn this title, and all notices directing any thing to be done required ment, how by this title, and all other notices that may be required or au- thorized to he issued thereunder, including notice that any build- ing, structure, premises, or any part thereof, are deemed unsafe or dangerous, shall he issued in the name of the fire department of the city of New York, and shall have the name of the in- spector of buildings affixed thereto, and may be served by any officer or employee of the said department, or by any person au- thorized by the said department; all such notices and any notice or order issued by any court in any proceeding instituted by the attorney to said department, to restrain or remove any violation or to enforce compliance with any provision or requirement of this title, may ho served by leaving a copy of the same with any person or persons violating, or who may be liable under any of the several provisions of this title, or to whom the same may be addressed, and if such person or persons cannot be found after diligent search shall have been made for him or them, then such notice or order may bo served by posting the same in a conspicu- ous place upon the premises where such violation is alleged to have been placed or to exist, or to which such notice or order may refer, or which may be deemed unsafe or dangerous, which shall be equivalent to a personal service of said notice upon all parties having any interest in said premises, or to whom such notice or order may be addressed, or who may be liable for any violation under any of the provisions of this title; and such no- tice or order shall contain a description of the building, premises CONSTRUE HON OF BUILDINGS. or property upon which such violation shall have been put or may exist, of w hich may he deemed unsafe or dangerous, or to which such notice or order may refer. ;j .")OS. Any and all persons who, after having been personally j^/^'if ''^ served with the notice of violation as hereinhefore prescrihed, shall fail to comply therewith, and shall continue to violate any of the several provisions of this title, or who shall he accessory thereto, shall, in addition to the other penalty or penalties in this title provided, he deemed guilty of a misdemeanor, and upon a complaint being made by the inspector of huildings. before any police justice or any court of criminal jurisdiction within S^s'Ste the city of New York, shall he arrested and held to hail by said !, , ;; , 1 i ;.'.' nil " I !' ,iv justice or said court, and, upon conviction of such offense, shall be lined in a sum not exceeding two hundred and fifty dollars, or may be imprisoned for a term not to exceed six months; said fine or imprisonment to be imposed in the discretion of the judge,- justice or court by whom said person so arrested and held to bail shall be tried; and said criminal courts, and the judges thereof respectively, are hereby authorized to act and do as afore- said. : ; 508. Any building or buildings, part or parts of a building, 1,1 " r staging or other structure in the city of New York, that, from any cause, may now be. or shall at any time hereafter become, dangerous or unsafe, may be taken down and removed, or made safe and secure in the manner following: Immediately upon such unsafe or dangerous building or buildnigs, or part or parts of a Unsafe bufld- ° " . o 7 i I Inpi, now building, staging or structure, being so reported by any of the J5Jj :ured or emoved. officers of the fire department, the same shall be immediately en- tered upon a docket of unsafe buildings, to be kept by said de- partment, and the owner or some one of the owners, executors, administrators, agents, lessees, or any other person or persons who may have a vested or contingent interest in the same, may be served with a printed or written notice containing a descrip- tion of the premises or structure deemed unsafe or dangerous, requiring the same to be made safe and secure, or removed, as the same may be deemed necessary by the said department, which said notice shall require the person or persons thus served to immediately certify to the department his or their assent or refusal to secure or remove the same. ,^ 010. If the person or persons so served with notice shall u. 537 immediately certify his or their assent to the securing or removal of said unsafe or dangerous* building, premises or structure, he or they shall be a lowed until twelve o'clock noon of the day fol- lowing the service of such notice, in which to commence the securing or removal of the same; and he or they shall employ sufficient labor and assistance to secure or remove the same as CONSTRUCTION <>l BUILDINGS Securing build ingsor removal 1 Ai>h. N. 0. 104,68 N. Y. 118. Report of survey. 1871, ch.625, $38. i 'omp. .">4ii. Report to !»• Milunitted to court. ; Hun, 175. Trial to have- precedence. expeditiously as the same can be done; but upon his or their re- fusal or neglect to comply with any of the requirements of said notice so served, then a Further notice shall be served upon the person or persons heretofore named and in the maimer hereto- fore prescribed, notifying him or them tbat a survey of the prem- ises named in the said notice will be made at the time and place therein named, which time may not be less than twenty -four hours or more than three days from the time of the service of the said notice, by three competent persons, each of whom shall be a prac- tical builder or architect, and one of whom shall be the inspec- tor of buildings, another of whom shall be an architect, ap- pointed by the New York Chapter of the American Institute of Architects of said city, and another Of whom shall be appointed by the person or persons thus notified, upon whose neglect or refusal to appoint such surveyor, however, the said other two surveyors may make such survey, and in case of a disagreement, shall appoint a third person to take part in such survey, who shall also be either a practical builder or architect, whose deci- sion shall be final; and that in case the said premises shall be re- ported unsafe or dangerous under such survey, the said report will be placed before a court therein named having jurisdiction to the extent of one thousand dollars, and that a trial upon the allegations and statements contained in said report will be had before said court, at a time and place therein named, to deter mine whether said unsafe or dangerous building or premises shall be repaired or secured, or taken down and removed, and a report of such survey reduced to writing shall constitute the Is- sue to be placed before the court for trial. ^ 511. Whenever the report of any such survey had as afore- said shall recite that the building, premises, or structure thus surveyed are unsafe or dangerous, the attorney of the fire de- partment shall, at the time in the said notice named, place said notice and report before the judge or justice holding the cham- bers of the court in the said notice named, which said judge or justice shall immediately proceed to obtain and impanel a jury, and to the trial of said issue before said jury, whose verdict shall be conclusive and final, and shall try said issue without adjourn- ment, except as may be necessary from day to day, giving prece- dence to the trial of this issue over every other business; and said judge or justice shall have power to impanel a jury for that pur- pose from any jurors in attendance upon said court, or in case sufficient jurors shall not be in attendance, then from any jurors that may be summoned for that purpose; and said judge or jus- tice shall have power t^ summon jurors for that purpose: and any such suit or proceeding commenced before a judge or justice may be continued before another judge or justice of the same > ( (ASTIU'CTION OK BUILDINGS. Court; ;i jury (rial may be waived l>y the default of" (Ik; def't'iid ant or defendants to appear al the time and place named in the said notice or by agreement, and in such cases the trial may be by court, judge, justice, or referee, whose report or decision in the matter shall he final; and upon (he rendition of a verdict or decision of the court, judge, justice, or referee, if the said verdict or decision shall find the said building, premises, or structure to be unsafe or dangerous,, the judge or justice li ving said cause, or to whom the report of the referee trying said cause shall be presented, >hall immediately issue a precept out of said court, Precept to ia«« directed, to the commissioners of (he fire department, reciting u'nMUe7,m!!im. said verdict or decision, and commanding (hem forthwith to orremored repair and secure, or take down and remove, as the same maybe, in accordance with said verdict or decision, said unsafe or dan- gerous building, buildings, part or parts thereof, staging, struc- ture, or other premises that shall have been named in the said notice; and said commissioners >hall immediately thereupon , . ,, . Execution of proceed to execute said precept as therein directed, and may em- precept ploy such labor and assistance and furnish such materials aS indorsement ol may be necessary for that purpose, and after having so done, said - '°" commissioners shall make return of said precept, with an endorse- ment of their action thereunder. and the costs and exx>enses thereby iucurred,to the judge or justice then holding the chambers of the said court, and thereupon said judge or justice shall tax and adjust the amount, indorsed upon said precept, and shall adjust and al- low disbursements and costs of said proceedings to said attorney costaanddi* at and after the rate provided in the Code of Civil Procedure in that class of actions where judgments on failure to answer can . • only be taken on application to the court, together with prelimi- nary expenses of searches and survey, which shall be inserted in the judgment in said action or proceeding, and shall render judg- ment for such amount and for the sale of the said premises in the said notice named, together with air the right, title, and interest Judgment tone ' i ' rendered there- that the person or persons, or either of them, named in the said f<]>\ and for sale x ± ' of premises. notice, had in the lot, ground, or land upon which the said building or structure was placed, at the time of the filing of a no- tice of lis pendens in the said proceedings, or at the time of the entry of judgment therein, to satisfy the same: which sale shall be in the same manner and with like effect as sales under judg- ment in foreclosure of mortgages: and in case such premises S^jg^ " shall not sell for sufficient to satisfy the amount ordered to be paid by such judgment, the deficiency may be collected by execu- t ion -on said judgment against the owner, or any one of the owners, of the said premises. And in and about all preliminary proceed- ings, as well as the carrying into effect any order of the court or any precept issued by any court, the board of fire commit- lOtf CO N ST R U CT I O N* OF BUILDINGS. • sioners may make requisition upon the comptroller of the city and county of New York for such amount or amounts of money as shall be necessary to meet the expenses thereof; and upon the same being approved by any judge or justice of the court foramom,tof fiom.which tfce said order or precept was issued, and presented ex^nnes. to sai( | comptroller, he shall pay the same; and for that purpose shall borrow and raise upon a revenue bond, t," be issued in the name of the mayor, aldermen and commonalty of the said city, the several amounts that from time to time may be required, which shall be reimbursed by the payment of the amount and bS»eS! ,,n interest at seven per cent, out of the judgment or judgments obtained as aforesaid, if the same shall be collected. Incase said issue shall not be tried at the time specified in said notice, or to which the trial may be adjourned, the same may be brought to trial any time thereafter by said commissioners, without a new survey, upon not less than three days' notice of trial to the person or persons upon whom the original notice was served, or to his or their attorney, which notice of trial may be served in the same manner as said original notice. c©mp h M& ' ,89, §512. Provided, nevertheless, that immediately upon the is- suing of said precept, the owner or owners of said building or premises, or any party interested therein, upon application to said fire department, shall be allowed to perforin the require- Bight of owm-r ments of said precept at his or their own proper costs and ex to perforin . 1 * , . 1 1 requirements pense, provided the same shall be done immediately, and in ac- cordance with the requirements of said precept, upon the pay- ment of all costs and expenses incurred up to that time. i88i, cL. «87, ga | 513. In case any notice or direction authorized to? be issued m'eVr a judge or justice thereof, to whom application shall he made, is hereby authorized and directed to grant any of the orders above named, and to take such proceedings as shall he necessary to make the same effectual, and any said judge or justice to whom application shall he made is herehy authorized and di- rected to enforce such lien in accordance with the mechanics' 5 l f°JJ* men< lien law of the city of New York; and in case either of the no- tices hereinhefore mentioned shall ho served upon any lessee or party in possession of the building or premises therein described, it shall be the duty of the person upon whom such service is made to give immediate notice to the owner or agent of said building named in the notice, if the same shall be known to the said personTpersonally, if such person shall be within the limits of the city of Xew Y'ork, and his residence known to such person, and if not within said city, then by depositing a copy of said notice in the Xcw York post-office, properly inclosed, and ad- dressed to such owner or agent, at his then place of residence, if known, and by paying the postage thereon ; and in case any lessee or party in possession shall neglect or refuse to give such notice as herein provided, he shall be personalh* liable to the owner or owners of said building or premises for all damages he or they shall sustain by reason thereof. £ 514. All the officers of the bureau of inspection of build- Jal^d^* 76, ings, except clerks and messengers, shall be either practical ar- isw. <*• bm. ! chitects, house carpenters, or masons, and shall have served a regular apprenticeship as such, and shall make an affidavit to Q UaHacatfwu that effect, which shall be filed in the office of the fire depart- g^^^J ' ment before their appointment to office in said bureau, and all i"^,^" nnf said officers, except the chief officer of said bureau, shall, before theft appointment to office in said bureau, pass an examination before the board of examiners, referred to in section five him- seei8n,ch.«s, dred and four of this act, and shall furnish a certificate of such |^2£?6«\s£ examination from said board, 'certifying to their competency to ton,p perform the duties of 'said office, which certificate shall be filed in the office of the fire department. It shall not be lawful for any officer or employee of said bureau to be engaged in conduct- ing or carrying on business as an architect, carpenter, mason, or builder while holding office in said bureau. L'on THE FIRE DEPARTMENT. T87l.cli.fi2r,, |48, Comp. 5-19. Attorney of fire department to Conduct legal proceedings. To render nnnual account of receipts to OOmpt roller. 1871 ,ch. 625, §44, Comp. 550. 1880, Ch. 521, fl. Right of offi- cers to enter buildings, etc. 1871.eh.G25. §45, Coiup. 550. $ 515. The attorney to the lire department shall lie- authorized to sue for and collect all penalties and take charge of and con- duct all legal proceedings imposed or provided for by this title ; and all suits or proceedings ins! Muted for the enforcement of any of the several provisions of the preceding seetions of this title, or for the recovery of any penalty thereunder, shall he brought in the name of the fire department of the city of New York by the said attorney, to whom all notices of violation shall be returned for prosecution, and it shall be his duty to take charge of the prosecution of all such suits or pjoceedings. colle t and receive all moneys that may be collected upon judgment-, suits, or pro- ceedings so instituted, and upon settlement of judgment and removal of violations thereunder execute satisfaction therefor, and he shall on the first of each and every yen- render to the comptroller of the city of New York an account of all penalties received, and shall thereupon pay over to the said comptroller the amount of such penalties collected by him, which shall be held by the said comptroller as a fund for the use and benefit of tin- said department, for the purpose of carrying into effect any order or precept issued by any court or judge or justice thereof in this title named, to the said department or inspector of build ings; and the said comptroller shall pay over, from time to time, out of the said fund, upon the requisition of true said board, such sum or sums as may be allowed and adjusted by the said court, or a judge or justice thereof, for such purpose, so far as the same may be in his hands. £ 51G. The attorney of said fire department and the officers, clerks, and messengers of the said bureau of inspection of build- ings, shall perform such duties as they and each of them may be directed to do and perform by the board of fire commis- sioners. All the officers appointed under this title shall, so far as may be necessary for the performance of their respective duties, have the right to enter any building or premises in said city. § 517. It shall be the duty of the fire department to report, on the first day of each month, to the Xew r York board of fire underwriters of said city, all unsafe or dangerous buildings, and any information that he may deem important to said board.' Title 6.— Relief Fund and Pensions. 1871, ch. 742. •ill, as amended 1877, ch. 18U. 1879. ch. 119, Comp. 401. Fund, how constituted. § 518. All fines imposed by the board of fire commissioners, upon members of the fire department force, by way of dis- cipline, and collectible from pay or salary, and all rewards in money, fees, gifts, and emoluments that may be paid or given for account of extraordinary services by any member of said THE FIRE DEPARTMENT. force (except w lien allowed to be retained by said member, or given to endow a medal or oilier permanent or competitive re ward), and all proceeds of suits for penalties under title three of tins chapter, and all license fees payable under the same, or un- der the law with the execution of which the fire department i- now or may hereafter be charged, shall be received by the I l easurer of the said board for the time being, and applied In him for the purposes of the trust, fund hereinafter mentioned. The commissioners of the tire department in the city of New York for the time being, and their successors in office, are Trustees of hereby continued as tlie trustees of the fund known as • tin- New York fire department relief fund," and the treasurer of the said board, for the time being, who shall be the treasurer Treasure! ex-oflieio of said relief fund, shall receive all moneys applicable to the same, and deposit the same, as such treasurer of such re- lief fund, to the credit of such relief fund, in a savings bank to <•.,„■ ,,,,.1.1,. ■ ' 7 posit Of fiillil. be selected by said trustees, and continue to receive and deposit funds applicable to the same as received, to the credit of said fund, or to invest the same on bond and mortgage on. improved treatment, property worth twice the amount loaned, or in public stocks, as said trustees may deem most advantageous for the object of such fund; and said trustees are empowered to make all neces- sary contracts, and to take all necessary remedies in the prem- ises. The treasurer of said fund shall give a bond, with one or !2?><* more sureties, in the sum of twenty thousand dollars, for the faithful performance of his duties, said bond to be approved by the comptroller and filed in his office. And the said trustees, for and on behalf of tlie uses and purposes of said fund, shall be entitled to receive, and there shall be paid to them all duties, taxes, allowances, fines, penalties, and fees to which the fire de- partment of the city of New York, as at any time heretofore established, has been or is entitled except as in this act other- betmesi wise specially provided and the said trustees may take, by gift, etc - grant, demise, or bequest, any money, real or personal property, rights of property, or other valuable thing, the annual income of which shall not exceed thirty thousand dollars in the whole; and in any year, when the condition of the said relief fund shall render it. in the judgment of the said trustees, necessary, the board of fire commissioners may receive from the authorities of the city of New York a sum not exceeding five thousand dol- lars, to be included in the annual estimate of the board, and drawn and collected by them in like manner as the other moneys applicable to their expenses; and such amounts so ob- tained shall, in like manner, be paid to and applied by the treasurer to the use of said fund, by deposit or investment as here- inbefore provided, as the trustees thereof shall direct; provided 202 PENSIONS I N FIRE DEPARTMENT. bimil of treasurer. 1871, ch. 748, 1 1 1. as amended 1877, <;h. 1W, mid 1M7II, ch. ii;», Pomp. tOS. RetliAng of members of tire department Pensions. How deter- mined. Total disability. Partial disn- bility. that the sum of two bundled thousand dollars, which may be received and accumulated under the provisions of this title, shall be reserved and retained as a permanent fund, the annual income of which may he made availahle for the use and pur- poses of said relief fund. 519. The boanl of fire commissioners shall have the power, by a unanimous vote, to retire from all service in the said fire department, or to relieve from service ai tires, any officer or member of the uniformed force of the said department), who may, upon an examination by the medical officer, ordered by the said fire commissioners, he found to he disqualified, physically * *r mentally,.for the performance of his duties; and the said officer or member so retired from service shall receive from Un- said relief fund an annual allowance as pension in case of the total disqualification for service, or as compensation for limited service, in case of partial disability; in every case the said board of lire commissioners to determine the circumstances thereof; and said pension or allowance so allowed to be in lieu of any salary received by such officer or member at the date of his being so relieved or retired from fire duty in said department; and the said department shall not be held liable for the payment of any claim or demand for services thereafter rendered; and the amount of such pension or allowance shall he determined upon the fol- lowing conditions: In case of total permanent disability, caused in or induced by the actual performance of the duties of his position, or which may occur after ten years' active and continu- ous service in the said fire department, the amount of annual pension to be allowed shall he one-half of the annual compensa- tion allowed such officer or member as salary at the date of his retirement from the service, or such less sum in proportion to the number of officers and members so retired, as the condition of the fund will warrant. In case of total permanent disability not caused in or induced by the actual performance of the duties of his position, or which shall have occurred before the expira- tion of ten years 9 active and continuous service in the said fire department, the amount of annual pension to be allowed sholl be one-third of the annual compensation allowed such officer or member as salary, at the date of his retirement from the service, or in proportion to the number of officers and members so re- tired as the condition of the fund will warrant. In case of par- tial permanent disability, caused in or induced by the actual performance of the duties of his position, or which may occur after ten years' active and continuous service in the said fire de- partment, 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 THE PIBE DEF HITMEN L\ to the performance of surh light duties us the medical officer ol the said department may certify him to be qualified t<» perform ; and the annual allowance to he paid such officer or member shall he one-half of the annual compensation allowed as salary at tin date of his heing so relieved, or such less sum. in proportion to the number of officers and members so retired, as the condition of tho fund will warrant. In ease of partial permanent disabil- ity, not caused in or induced by the actual performance of tin- duties of his position, or which may occur before -ten years' ac- tive and continuous service in the said fire department, the officer or member so disabled shall be relieved from active ser- vice at tires, but shall remain a member of tho uniformed force, subject to the rules governing said force, and to the performance of such light duties as the medical officer of the said department may certify.him to bo qualified to perform, and the annual allow- ance 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 said board may. in their discretion; determine, or as the condition of the fund will warrant. § 520. The trustees of the relief fund are authorized and em- c^p 1 ^ 13 &' powered, from time to time, to pay a pension out of the said wido^sami relief fund to the widow, child, or children of any deceased "'i' 1 ' 1 "* officer or member of the, uniformed force of the said fire depart- ment, if the death of such officer or member occur during his service in the said uniform force, or after he was retired from service in said uniformed force, provided, that the amount of any finch pension to be paid by the said trustees, to each of the several representatives of such officer or member as aforesaid (in case there shall be more than one), may be from time to time determined by the said trustees according to the circumstances of each case, and that such pension may be ordered to cease and terminate at any time, if, in the opinion of the trustees, thecir ; cumstances should warrant the same; and further provided, that not more than three hundred dollars shall be paid in any one year to the representative or representatives of such officer or member, and that no part of such sum shall be paid to any such widow who shall marry again, after her remarriage, or to any child after it shall have reached the age of sixteen years. 521. There shall be deducted from the monthlv pay of each wn,oh.T«.sw. » L ' as amended officer and fireman of said department, and from the monthly pension of retired members of said department, and from the Oomp - m - pay of such of the other emplovees of said department as shall auctiona from \ . , a Tii? . . pay of Bremen. desire to avail themselves 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 TAX ON l-ORKION INSUKANCK COMPANIES. I'a\ incuts In widow or repre tentative! of llivincn TransfiT from relief to life Insurance fund. provided to be paid to him, and which shall be known as th« New York fire department life insurance fund; and in the case of the death of any member or employee of said department, in the service thereof. <»r of any pensioned or retired meniher of said department, and ^o contributing, there shall he paid to the widow, or if there he no widow, then to the legal representative.-, of such deceased member or employee or pensioned and retired member, the sum of one thousand dollars out of the moneys So assessed; and in the case by reason of the number of deaths the aggregate amount of money so provided to be assessed and col- lected should prove inadequate to make such paymenjb, then the assessment may, in the discretion of said trustees, be 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; and if, in any year, owing to an excessive mortal- ity in the uniformed force, the condition of said life insurance fund shall render it in the judgment of the said trustees, neces- sary, a sum not exceeding five thousand dollars may be trans f ei red and paid over from the said relief to the said life insur- ance fund, for the u-e and purpose of said life insurance Jund, Title Tii i n/inn Foreign Vnsiirancc < 'ovijiauirs. 1857, eh. MS, |], us amended 1858, ch. S55, Comp. 408. Corporations liable to tax at ion. Id. SI- ;i f>22. Any corporation or association created by or organ- ized under the laws of any government other than the States of this Union, and having assets, fimds, 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 cent, upon its gross premiums re- ceived for insurances upon property in the city of New York, shall, except as otherwise in this title provided, be paid annually to the treasurer of the fire department, and the residue of said tax requisite to make up the full amount of taxation upon its capital, shall be paid to the mayor, aldermen, and commonalty, as in the case of ordinary taxation; and the payments so made as aforesaid, shall exempt such corporation or association mak- ing the same from any and all further taxation upon its premiums, capital, or assets; and whenever such capital shall be reduced below said sum of one hundred and fifty thousand dol- lars, or withdrawn entirely, then and in either event such cor- poration or association shall be liable to pay the tax upon its premiums as heretofore provided in this title. § 523. There shall be paid to the treasurer of the fire depart- ment, for the use and benefit of said fire department, on the TAX <>N lOKKIGN l.NSI lUM'K COMPANIES. first day of February, in each year, by every person who shall ^^giUto act in the city and county of New York as agent for or on be- j^"™ 1 ";:;,'" "" half of any individual or association of individuals, not incorpo- rated by the laws of this state, to effect insurances against losses or injury by lire in the city and county of New York, al- though such individuals or association may !><• incorporated for that purpose by any other State or country, the sum of two dollars upon the hundred dollars, and at thai rate upon the amount of all premiums which, during the year ending on the next preceTling first day of September, shall have been received by such agent or person, or received by any other person for him, or shall have been agreed to be paid for any insurance against loss or injury by fire in the city, effected or agreed to !>o effected, or promised by him as such agent. § 584. Every person who shall act in the city- as agent as u aforesaid, shall, on the first day of February, in each year, ren- premium, der to the said treasurer of the fire department a just and true account, verified by his oath, of all such premiums which, during the year ending on the first day of September preceding, shall Rave been received by him, or by any person for him, or which shall have been agreed to be paid for any such insurance effected or agreed to be effected, or promised by him. § 525. No person shall, as agent or otherwise, effect or agree h j-> to effect, or procure to be effected, any insurance upon which tndcrtokin '~ the duty abova mentioned is required to be paid, until he shall have executed and delivered to the said treasurer an under- taking, under seal, to the fire department, with such sureties as the said treasurer shall approve, that he will annually render to the said treasurer, on the first day of February, in each year, a just and true account, verified by his oath, of all such premiums, which, during the year ending on the first day of September preceding, shall have been received by him, or by any person for him, or which shall have been agreed to be paid for any such insurance effected or agreed to be effected, or promised by him, and that he will annually, on the first day of February, in each year, pay to the said treasurer two dollars upon every hun- dred dollars, and at that rate upon the amount of such pre- miums. § 526. Whenever, by reason of the failure of the sureties, or ww, so, ?». either of them, or for any ether cause, an undertaking given Be&ewaiof under the last preceding section, shall or may be deemed in- lindertakl,1 K sufficient by the said treasurer to secure aTeturn of the account and the payment of the duty aforesaid, or either of them, the said treasurer, at his election, but not oftener than once in each year, may require such undertaking to be renewed. 206 THE PXRE DKI'.V K'l'.M BUT. 11 >' ,^ .">2T. Every person who shall effect, agree i<» effect, promise IVimlU (or ii"t • j. t • ii %t executing or procure any insurance mentioned m tin- preceeding section- of this title, without Having executed and delivered the under- taking hereinbefore required, -hall, for each offense, forfeit one ihousand dollars, for the use of tin- said fir.- department; and every person who shall have heen required by the said treasurer to renew his undertaking, pursuant to the last preceeding see fcion, who shall effect, agree to ctfeet, promise or procure am such insurance, without having executed and delivered the re- moved undertaking, shall for each offense forfeit onffe thousand dollars, for the use of the said, lire department. !' J S ° ,„ § 528. It shall be lawful for the said treasurer of the fire de- Demand for accounts. partnient, on or after the lirst day of February in each year, by written or printed demand, signed hy him. to require from every person who shall act in the city as agent, as aforesaid, the ac- count provided for in this title, and payment of the duty pro- vided for; such demand may he delivered personally to such agent, or at his office or place "f business to any person having charge thereof, or at his residence to any person of suitable age. And every such agent who shall, for ten days after such demand, neglect to render the account or to pay the duty demanded, or either of them, shall forfeit fifty dollars, for the use of the said firo department; and he shall also forfeit for their use twenty-five dollars in addition for every day that he shall so neglect, after the expiration of said ten- days, and such additional penalty may be computed and recovered up to the time of the trial of any suit for the recovery thereof, w. &7. § j-20. Every person who shall act in the city as agent, as afore- nesstobe said, shall, on the first day of February in each year, or within ten days thereafter, and as often in each year as he shall change his place of business in the said city, report, in writing, under his proper signature, 1<» the comptroller of this State, and also to the treasurer of the said fire department, the street and the number thereof in the said city, of his place of business as such agent, designating in such report the individual or individ- uals and association or associations for which he shall be such agent. And in case of default in any of these particulars, such person shall forfeit for every offense the sum of one thousand dollars, for the use of the said fire department. i«57, cu. Ms. § 530. The duty provided to be paid by this title, the dam- suiT/forTio a & t>s f° r an y breach of the undertakings, or either of them, lations. provided for therein; and the pecuniary penalties imposed therein, or any or either of them, may be sued for and recov- ered, with costs of suit, in any court of record within this State, by the fire department, in their own name and for their own use. ■ * row BBS I >F BOARD OF HEALTH. jj 531. The defendant in any action i«> be brought for tin- re- m-io. oovery of any penalty incurred, or any duty or sum of money lefendani payable under this title, may be arrested, if he isimt a residenl of this State, or is about to remove therefrom. An order for the arrest of the defendant must he obtained from a judge of tin- court in which the action is brought, or from a county judge The order shall he made when it shall appear to the judge, by affidavit, that a sufficient cause of action exists under this title, and that the defendant is not a resident of this State, or is aboul to remove therefrom. §532. The corporation known as the trustees of the exempt ch. 888, p. liremen's benevolent fund of the city of New York, shall he en- c-ii. an, ft, titled to receive, and there shall be paid to them for nine years from the seventeenth day of April, eighteen hundred and seven- ty-nine, the percentage of tax on the receipts of the foreign fire ''j^;;'".;:''"'-'" insurance companies doing business in the city of New York, as i,'.:',','',-, 1 ,'; 1 ;.;;. provided by this title, and all returns and undertakings required ^ Tolent by this title shall during such period be made to the treasurer of the said corporation. CHAPTER XII. Department of Health. * Tith 1.— Powers and Duties of the Department and its Officers. $ 533. The authority, duty, and powers of the board of health i« > 686, §•.«. shall extend over the waters of the bay, up to and within the Powers, etc., of quarantine limits as established by law, but shall not be held to r^CTtratot interfere with the powers and duties of the commissioners of quarantine or health officer of the port. § 534. There shall be two bureaus in the department of health. i873,cb k - The chief officer of one bureau shall be called the " sanitary superintendent.*' who, at the time of his appointment, shall have been, for at least ten years, a practicing physician and for three years a resident of the city of New York, and he shall be the chief executive officer of said department. The chief officer of the second bureau shall be called the ''register of records ;" Register of and in said bureau shall be recorded, without fees, every birth, records - marriage, and death, and all inquisitions of coroners, which shall occur or be taken within the city of New York. But in cases of inquests, where the jury shall find that death was caused by negligence or malicious injury, only a copy of the record need be filed in said bureau. 208 I'OWKKH ol BOAKD OF HEALTH 1800, clL 74,|M, Comp, 189. Building, fxcn i atlons, etc. When danger- ous to lifi' nml health. • irder to re- move, abat< etc. Searing befi in board. Rescinding of aider, ete. 18(H). ch. GWi, SO. as amended 1%7. eh. 968. >• health, to be speedily removed to some proper place; and may designate or provide a place to which the same shall be re- moved, when no such adequate or proper place, in the judgment of said board, is already provided. If said order is not complied with, or as far complied with as said board may regard as rea- sonable, within five days after such service or attempted ser- vice, or within any shorter time which, in case of pestilence, tin- board may have designated, <>r is not thereafter speedily and fully executed, then any such order may be executed as herein elsewhere provided in regard to any of the orders of said board. $> 530. On or before the first day of March, eighteen hundred jounl'/.y'i'i'..-., . -I • | .1 il 111 I .. I - to and eighty-two, every master or journeyman plumber, carrying lister, on his trade in the city of New York, was required under such Ifijijo; 480 ' rules and regulations as the board of health of the health depart- ment prescribed, to register his name and address at the health de- partment of the said city. It is not lawful for any person to carry on the trade of plumbing in the said city unless his name and address be registered as above provided. A list of the regis- tered plumbers shall be published in the City Eecord at least once in each year. Any person violating any provision of this section shall be deemed guilty of a misdemeanor. § 537. The drainage and plumbing of all buildings, both pub- ^eacconunK lie and private, erected after the fourth day of June, eighteen p < J. v e dby P ' hundred and eighty-one. shall be executed in accordance with j^i'th^ plans previously approved in writing by the board of health. i8W,ch.45o,t8. Suitable drawings and descriptions of the said plumbing and drainage shall in each case be submitted and placed on file in the health department. The said board of health is authorized to receive and place on file drawings and descriptions of the plumb- ing and drainage of buildings erected prior to said date. § 53S. The powers of said board shall be construed to include i«6,ch.M.|i2 v 1 as amended the ordering and enforcing in the same manner as other orders J^^.SS 6, •*> are provided to be enforced, the repairs of buildings, houses and other structures; the regulation and control of all public mar- kets (so far as relates to the cleanliness, ventilation, and drain- age thereof and to the prevention of the sale, or offering for sale, of improper articles therein); the removal of any obstruc- tion, matter, or thing in or upon the public streets, sidewalks, or places, which shall bo in their opinion liable to lead to results dangerous to life or health; the prevention of accidents by which life or health may be endangered; and generally the abating of all nuisances. It is hereby expressly declared that the said board Comp. 428. POWERS OF BOARD OF HEALTH. Ventilation, drainage and WeanlincsH of markets, etc. 1807, Oh. 060, gii Comp. 4 13. 1866, oh. 71. |14, Comp. 482. Ordinance* made law by I860, Ch. 74,(12, Comp. 487. Bone boiling, etc. Id. 1830, ch. 27j, title 3, art. 1. §6, Comp. 468. Board of health may remove anything dangerous to public health. shall have and possess full and complete power wtyfa reference to the ventilation, drainage, and cleanliness of the stands or stalls in or around Fulton and Washington 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. . ">39. It is hereby declared to be the duty of every owner and part owner and person interested, and of every lessee, tenant, and occupant of, or in any place, water, ground, room, stall, apart - ment, building, erection, vessel, vehicle, matter and thing in said city, and of every person conducting or interested in business therein or thereat, and of every person who has undertaken to clean any place, ground or street therein, and of every person, public officer, and board having charge of any ground, place, building or erection therein, to keep, place, and preserve the same and every part, and the sewerage, drainage, and ventila- tion thereof in such condition, and to conduct the same in such manner that it shall not be dangerous or prejudicial to life or health. .' 540. It shall not be lawful for any person or persons, incor- porated or unincorporated, to carry on, establish, prosecute, or contine. within the city of New York, the occupation, or trade, or business of bone boding, bone burning, bone grinding, horse skinning, cow skinning, or skinning of dead animals, or the boiling of offal; and any such establishment, or establish- ments, or place of such business existing, within said city, shall be forthwith removed out of said city, and such trade, occupa- tion, or business shall be forthwith abated and discontinued, provided that nothing herein contained shall apply to the slaughtering or dressing of animals for sale in said city. It shall be the duty of the board of health to ascertain whether •any such trade or business is carried on. or continued, or estab- lished within the limks aforesaid, and to make and cause an order to be served, in the same manner as other ordei-s of sai board are made and served, directing the discontinuance of said trade or business, and the removal of all offensive or un- wholesome materials or things appertaining to said trade or business. § 541. The board of health, when they shall judge it neces- sary,' may cause any cargo, or part of cargo, or any matter, or anything within the city that may be putrid or otherwise dan- gerous to the public health, to be destroyed or removed; such re- moval, when ordered, shall be to the quarantine ground, 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 row BBS OP BOARD OF HEALTH. may lie recovered From stub owner or owners, in an action a1 law, by said board. 8 542. The board of health shall possess and mav exercise jgM.oh.M^|8, the following powers: • tw, comp.jae. 1. My order to direct any reSBel lying at a place within three hundred yards of any wharf, landing place, or shore of said i llfl .,.,j,, lls „ r city, and from which they shall deem it probable that any in- ffiffjffi" fectious <>r contagions disease may be brought into said city, or Communicated to the inhabitants thereof, to be removed to the distance of at least three hundred yards from any wharf, land- ing place, or shore of said city, w ithin six hours after a copy of such resolution, certified by the secretary of said board, shall be delivered to the person or persons having command of such vessel, or to the master, owner, or consignee thereof; and every such person or persons, master, owner, or consignee to whom such copy of such resolutions shall be delivered shall forthwith comply with the same •1. By order to direct to be removed to a place to be desig- hospiu? 1 to Dated by them, all things within the city which, in their opin- ion, shall be infected with any matter likely to communicate disease to the inhabitants. £54:1 Every person who shall violate, or negleet,'or refuse Id -§ : ' to comply with any provision contained in the preceding section, latin* rules, or in tin- resolution made or passed by the .board of health in pursuance thereof, shall be deemed guilty of a misdemeanor, and, on conviction thereof, shall be punished by a fine not ex- ceeding two hundred and fifty dollars, of- imprisonment not ex- ceeding six months, or both; and all such fines when collected shall be paid to the comptroller. §544. The board of health shall have power to prohibit at ■ J 1 , 1 14, 15, 10. Comp. such tunes, and for such period and periods of time as they shall m - see cause, the packing or repacking of 'any salted provisions in pu&Jnguited any and all parts of the city. No salted or pickled beef, pork, slu^'beef, or fish (except smoked beef and fish ) shall be deposited in such deposited in part or parts of the city during the period or periods of time so ^ ail ^^6^ prohibited by the board of health. This section shall not be SweK&k construed to prevent retail grocers, or other small dealers, from barrels - keeping on hand, for the use of their customers, small quanti- ties, not exceeding five barrels, of each kind of provisions there- in mentioned, if the provisions so kept be sound and in good order. § 545. All salted or pickled provisions, and all hides, skins, w ssit. i«. and cotton that may be deposited in those parts of the city saitedhnvviB- wherein the board of health shall prohibit the packing or repack- to bo reported ing of salted provisions, at the time or times when such prohibi- health, tion may be made, shall be reported forthwith, by the owner or 212 POWERS OF BOARD OF HEALTH. To be remoi ed by owner or Unitary super- intendent. Id. 420, Id. |S1. < omp. iro. Penalty. l^»o.ch.J'..•)^j•-••.•, 28, Conip. 470. Rags, bides and skins prohib- ited. Sc. unit hides, etc. - , excepted. [d. SS24, 35. Conip. 471. Damaged cotton to be reported by owner. Penalty for not reporting. 1H66, eh. 74, §16. romp. 4*4. 1867, ch. 956. |3, Conip. 442. Power in case of contagious diseases. 1881, ch. 478, §3. Board of health to erect build- ing for hospital for contagious cases. person having charge thereof, to the board of health, that the same may be examined, and, if* necessary, destroyed or removed. If such articles, when ordered by the boa I'd of health to be ie moved, shall not be forthwith removed by the owner or person having charge thereof, the sanitary superintendent shall cause them to be removed to some sife place, there to remain at the risk of the owner. ? 54f)l. The board of health mav send to such place as it mav <•>.. aro.tit » J r 3, art. 1. $7. direct , all aliens and other persons rn the city, not residents oomp. in thereof, who shall be sick of any infectious, pestilential, or con- " on " eo tagious disease. The expense of the support of such aliens or other persons shall be defrayed by the corporation of the city of Xew York, unless such aliens or other persons shall be entitled to be supported by the commissioners of emigration. £ 552. Xo person shall remove any sick person from anv ves- S§w, ch.8M \\ 1 r j r j Hrooklvn char sel or from any other place in said city Avithout written permit ter,comp. mb. for that purpose, granted by the president or one of the mem- bers of said board. § ;».")3. For the purpose of more effectually preventing the sick person* spread of small-pox. by the thorough and systematic vaccination moved from vessels. of all unvaccinated persons residing in said city, the said board i«4, ch. m, si. is hereby empowered to continue or organize a corps of vaccina- c-orps'or vac- tors within and subject to the control of the bureau of sanitary „lher°offlc"w. inspection, to appoint the necessary officers, keep suitable rec- ^p h 43 7" t " i ' ords, collect and preserve pure vaccine lymph or virus, and to vacdnatjon. add to the sanitary code such additional provisions as will most poor. etc. effectually secure the end in view. Said board may take meas- ures, and supply agents, and afford inducements and facilities for general and gratuitous vaccination and disinfection, and may afford relief to and among the poor of said city as in its opinion the protection of the public health may require. i? 554. "Whenever the amount of vaccine lvmph or virus col- ««. <*. oso. >•.». - . Coinp. 483. lected by the said corps shall exceed the amount required in the supplies of proper performance of its duties, the said board of health may ,jn,p,saeo - authorize the sale of such surplus lymph or virus at reasonable rates, to be fixed by said board. The avails of such surplus Avails thereof: lymph or virus shall be accounted for and paid to the chamber- lain, and shall be set apart and constitute a distinct fund, to be known as " the fund for gratuitous vaccination," and shall be subject to the requisitions of said board for the purposes named in the preceding section. 214 PROVISIONS as TO INFECTIOUS DISEASES. 1850, ch. 275, tit. 3, art. 1, $5, C'omp. 407. Duties of bonnl nf health to prevent the spread of dis- ease in Iheeil v I850.ch.:i75, title i. art I, 1(98, •."7, C'omp. 405. Hoard to make proclamation of Infected . places. How long to liave effect. Id. $28. Vesslls arriving infected places to be subject to quarantine. Id. §2 1 J ( (imp. (iKs, vi make and pass such by-laws and ordinances as they shall, from N • "*'•.**»• time to time, deem necessary and proper for the tilling up. drain- grounds, yards ing and regulating of any grounds, yards or cellars, within the said city, that may he sunken, damp or unwholesome, or which they may deem proper to fill up, drain, raise, lower or regulate; and also, for causing all such lots of ground in the said city ad- joining to Hudson's river, or to the East river or Sound, as they may from time to time think proper, to be filled up with whole- some earth or other solid materials, so far into the said rivers respectively as they shall from time to time deem expedient for promoting the health of the said city; and for filling up or al- tering or amending all sinks and privies within the said city, Privies and and for directing the mode of constructing them in future, and for causing subterraneous drains to be made from the same, where they may think it necessary. § 562. Whenever in the opinion of the board of health the pro- isso, ch. -.m. si. tection of the pifblic health requiies the drainage of any lands in said city, by means other than sewers, such board may adopt a resolution describing the location of such lands, and directing the proper drainage thereof, and the construction of drains there- ^Sj"* 8601 for, by the commissioner or commissioners of the department !Hn.y.,hm of said city having jurisdiction to construct sewers in that part of said city where such drainage is so required. Such board of health shall thereupon cause a map to be made, whereon shall be shown the location of such proposed drains, and the lands required for the construction thereof. Such resolution shall be Mopl " ,,efileU entered at length in the records of such board of health, and such map shall be filed in such health department. A copy thereof shall be filed in the office of the register of the city and county of New York. Such board of health shall cause another copy of said map, together with a copy of such resolutions, to be delivered to the commissioner or commissioners of the de- partment in said city who shall, by such resolution, be required to construct such drains. PROVISIONS AS TO INFECTIOUS DI8EA8ES. Id. |2. Ki^lil of « ny. u. i«. How acquired, Expenses i surveys. 1880, ch. 300, §5. Commissioners to adopt plans. £ 563. it shall be the duty of such commis9ionei <>r commis- sioners, upon the receipt of such map and resolution, through the counsel to the corporation < f , ii< 1 < it y. to inke iniin> :>•;»;. The hoard of health sliall have full and exclusive power , ,„„,, ,.> and authority over the removal of night-soil, and in the removal , N ,',: M *° " of dead animals, offal, night-soil, hlood, hones, tainted or im- pure meats, and other refuse matter from said city. It is hereby charged with the duty of causing the removal of the same daily, or as often as may be necessary, and of keeping the said citj clean from all matter or nuisance of a similar kind. § r.t'.T. The board of health is authorized to make contracts with any responsible person or persons for the removal of said ;!;""'' ""J^SSt offal, dead animals.' night-soil, and other refuse matter from the 1 '"' " r city of New York, and to require and receive security in such form and amount as the said board may approve, for the faith- ful performance by the person or persons aforesaid, to whom such contracts may by the said board be, in its discretion, award- ed, of all and every of the provisions of such contracts on his or their part. § 568. The board of health may from time to time fix and de- om^^ ,tl4 ' tine the time of making, and the form of returns and reports to bowdover cor be made to said board by the coronei-s of the city of New York, ^Km*. 1 " N ' " A 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 board in the prem- ises, and it shall be the duty of every coroner at once, and be- fore holding any inquest, upon being called upon to bold an in- quest as aforesaid, or notified thereof, to immediately transmit and cause to be delivered to the secretary of said board of health, written notice of the fact of such call for holding inquests, in which shall be stated every particular then known to said coro- ner as to said call, the body, the place where it is, and the re- ported cause of death. If at anv time said board, or the sani- n..nr.i may r » ' order bunal of tary superintendent, shall deem the protection of the public J.'.;^'" °' r ' Hi " health to demand, it may (so soon as the coroner's jury shall have viewed the dead body, and an autopsy thereof shall have been made, provided the coroner deems the same necessary) order the immediate burial of any dead body, or if he or it deems that the public health demands an immediate removal of said body from the place of death to another place for inquest, may likewise at anytime order said immediate removal, and shall have power to cause said orders to be obeyed and executed. § 509. It shall be the duty of the board to grant a permit for city ordinance the removal of the body of any deceased person from the city, byl^'cha 1 ,? which has not been buried, upon receiving a certificate of the an,m. omp ' death of said person, made in accordance with its rules. It may ♦ >r it< removal. DL'TIKS OF BoAKI) OF HKALT11. Removal of the dead from cemetertea Ifltffl. ch. 74, |84, t.'omp. 137. Slate 111 nl I ti Reports from hospitals, ete, officers of hos- pitals, etc., to gtn informa- tion ami make returns to board. 1874, cb. 686, |1, Comp. 466. Kxistence ami cause of dis- ease, etc. 1HC0, ch. 74. §10, Comp. 435. Information as to disease, etc. 1866, ch. 74. §15. Comp. 433. Duty of board to give infor- mation, to co- operate with health officer, etc. grant ;i permit for the removal of the remains of any person in- terred within the city to a place without the same, on the appli cation of a relative or friend of such person, when there shah appear to he no just objection to the same. $570. It shall he the duty of said boaiti of health to aid in the enforcement of, and, so far as practicable, to enforce all laws of this State, applicahle in said city, 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 enahle it to discharge the duty herehy imposed; and this section in in- tended to include all laws relative to cleanliness, and to the use or sale of poisonous, unwholesome, deleterious, or adulterated drugs, medicine, or food. Said hoard is authorized to require reports and information (at such times and of such facts, and generally of such nature and extent, relating to the safety of life and promotion of health as its by-laws 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, managers, lessees, and occupants of all theatres and other places of public resort or amusement in said city; but such reports and informa- tion 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. And it is hereby made the duty of the officers, institutions, and persons so called on, or referred to, to promptly give such information and make such reports, verbally or in writing, as may be required by said board. .i 61 L. 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 information in possession of said board to be sent to the local health authorities of any city, vil- lage, 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. § 572. It shall be the duty of said board, so far as it may be able, without serious expense, to gather and preserve such in- formation and facts relating to deaths, disease, and health, from other parts of this State, but especially in said city, as may be useful in the discharge of its duties, and contribute to the pro- motion of health or the security of life in the State of Xew York. * 57;'. It shall be the duty of said board to give all informa- tion that may be reasonably requested concerning any threat- ened danger to the public health, to the health officer of the port of New York, and to the commissioners of quarantine of oKDKRS OF HOAUD (»!■ HKAI.I1I. said port ; who shall give the like information to said hoard ; and said hoard, and said officer and said quarantine commission crs shall,, so far as legal and practicable, co-operate together to prevent the spread of disease, and for the protection of life, and for the promotion of -health, within the sphere of their respect- ^c^m^in ive duties. Said hoard may grant hills of health to masters of vessels certifying to the condition of the city in respect, of health. § 574. It shall be the duty of the registrar of vital statistics iseo, ch m to ascertain and report to each captain of police whether any ' physician who applies for registry, as willing to respond to any call for medical attendance, as provided in section two hundred and ninety-seven of this act, is in good and regular standing, and to transmit to such captain a certificate thereof. It shall be the duty of the board of health to pay at sight the fee of three dollars certified to he due any physician, in accordance with sec- tion two hundred and ninety-eight hereof, and to enter such payment in a book provided for that purpose, and to take up such certificate. . • § :>~:>. The sanitary code adopted and declared as such at a smiiiarj co'al'' meeting of the hoard of health of the health department of the ™y^o*4 TO city of New York, held in the city on the second day of June. , V |' 1 , ,' U , N , I( ', v ' : one thousand eight hundred and seventy-three, as amended in ac- K "'' " eordance with law, is hereby declared to be binding and in force in said city, and shall continue to be so binding and in force except as the same may from time to time be altered, amended, or an- [878,ch.835,$8e. nulled by said board. Said board is hereby authorized and em- p ' m ' powered from time to time to add to or to alter, amend or annul the said sanitary code or any part thereof. It may therein pub lish 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 employees of the board of health, not iw7.ch.9B6, po, inconsistent with the constitution or laws of this State. It may embrace therein all matters and subjects to which and so far as the power and authority of said board of health extends ; not i*' 4 » ch iS?'* ,5 > hunting their application to the subject of health only. But no such alteration or amendment shall take effect or be binding or in force until the same has been published once a week for two successive weeks in the City Record. The publication of addi- tional provisions in and of additional ordinances of the sanitary code once a week for two successive weeks in the City Record oomp^S?'* 82 shall be sufficient 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 220 ORDKRS OF i'.OARl) OF IIKALTli. 1874, cb.C68|, 4. 1KGC, Cfa. 74, $20, Corap. 435. iw). eta, IAS, |1. Ni.l In UlTeel powers of board of health. 1881, eh.887,111, 1887, eta. 956, |S Comp. 442. Service of orders. On agents of tenement and lodging houses. name of the health department of the city of New York, before any justice or tribunal in said city, having jurisdiction of civil actions ; and nil such justices and tribunals shall take jurisdic- tion of such action. In all courts of justice or judicial proceed- ings proof of the said sanitary code, and of the proceedings of such board of health in relation thereto, by the production of the book of minutes of such meeting held as aforesaid, or a transcript of the record of such proceedings duly authenticated by the secretary of the said board of health, shall be held and taken as complete, and valid evidence of the slid sanitary code, its due adoption, enactment, and publication. § 570. The board of health shall cause to be enforced the pro- visions of its sanitary code requiring that separate receptacles be provided for ashes and rubbish, and for garbage and liquid sub- stances, and forbidding that the same be placed or kept in the same receptacle, and requiring the streets and sidewalks to be kept free from incumbrance by such receptacles except at such times as may be designated by the commissioner of street clean- ing for the collection of their contents; and for violation of any of the said provisions of said code both the owners and occupants of all houses in the city shall be severally responsible and subject to the penalties and prosecutions imposed by the said code, and all other provisions of said code and of the city ordinances rela- tive to the cleanliness of the streets, and the said board of health is empowered to institute prosecutions and suits for penalties for the violation of any such provisions, in the name of the mayor, aldermen, and commonalty of the city of New York. § 577. 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 board, or one of the board who may be most interested in or affected by its execution. If said order relate to any building (or the drain- age, sewerage, cleaning, purification, or ventilation thereof, or of any lot or ground on or in which such building stands), used for or intended to be rented as the residence or lodging-place of several persons, or as a tenement-house or lodging-house, service of such order on the agent of any person or persons for the rent- ing of such building, lot, or ground, or for the collecting of tke rent thereof (or of the parts thereof to which said order may relate) shall be of the same effect and validity as due service made upon the principal of such agent, and upon the owners, lessees, tenants,- occupants and of such buildings, or parts there- of, or of the subject-matter to which such order relates. ORDERS OF lii>AUi> OF HEALTH. * 57^. Service of anv order made under 1 1 10 first SUDdi vision yf A - •■><.'•*■ »"• of section live hundred and thirty-five shall, before its execution, ho made on the owner, occupant. or truant of the premises, prop- erty, or business, or sonic of them, who to .-aid hoard may appear most directly interested in its execution, provided said parties, or any of them, are in said city and can he found, and such service '•' v 111 can he conveniently made. The Orders referred to in the second irhomoniera subdivision of siiid section shall, if the proper person or persons .'.i " are known to the board, and can be conveniently found in said city, be served upon one or more of the owners, occupants, lessees, or tenants of the subject-matter to which said order relates, or upon one or more of the persons whose duty it was to have done what is therein required to be done, as the case may render just and proper in the opinion of said board. If personal - -<-y ••-•■•ann-.i service of any order cannnot be made by reason of absence from the said city, or inability to find such person therein, to be shown by the official certificate 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 business of the person sought to be served, with a person of suitable age and discre- tion. § 579. Said board shall cause to be kept a general complaint ^« h ^ S 8 *. book, or several such books, in which may be entered by any J,;;^ 1 ' 1 '"" person, in good faith, any complaints of a sanitary nature which such person thinks may be useful, with the name and residence of the complainant, and may give the names of the person or persons complained of, and the date of the entry of the com- plaint, and such suggestions of any remedy as may in goocrfaith be thought appropriate; and said books shall be open to all reasonable public examination as the board may authorize; and the board shall cause the facts in regard to such complaints to be investigated, and the appropriate remedy to be applied. § 580. The health department may use in compensation of mm, eh.su, ji; • i • x r. ■ ■ i i * t -. 5?86, Ch. 74, 06, special inspectors, phvsicians. and nurses and tor supplies and <'<""!> ,il . . i • . n . 1 ^ 1874. ch. 636. fl, contingencies, such sum, not exceeding in the aggregate fifty K**}-^ thousand dollars in excess of the annual appropriation as maybe at any time appropriated by the board of estimate and apportion- ment for the prevention of dangers from contagious or infectious diseases found to exist in said city, or for the care of persons ex- posed to danger from contagious or infectious diseases. In the presence of great and imminent peril to the public health by reason of impending pestilence, having first taken and filed among its records what it shall regard as sufficient proof to authorize its declaration of such peril, and having duly entered the same in itsrecords, it shall be the duty of said board to take such measures, and to do and order, and cause to be done, such 222 OFFICKKS OF I50AKI) OF I1KALTII. i 1 1 rdCTdlnai i measure) unf board. I873,ch.885, §81 Comp. 133. J«06, cb. 74. §>•>. f 'oni(>. ISTi. Unties and powers of president. 1807, ch. 950. §1 Comp. 441. Duties of secretarv. acts and make such expenditures (beyond those duly estimated for 0i provided) for the preservation of the public health ( though not herein elsewhere or otherwise authorized) as it may in good faith declare the public safety and health to demand, and the mayor shall in writing approve. Bui the exercise of this extraor- dinary power shall also, so far as it involves such excessive expenditures, require the written consent of at least three mem- bers of the board. And such peril shall not be deemed to exisl except when, and for such period of time, as the said board -hall declare. £ 581. Said board may tit up and furnish such offices provided for it in accordance with law, as the convenience of the board, its officers, agents and employees, and the prudent and proper discharge of the duties of tin; board may recpiire ; and may, sub- ject to the other provisions of this act, make such incidental and additional expenditures, having due regard to economy, as the purposes and provisions of this chapter, and the dangers to life and public health may justify or recpiire ; and may provide thai any failure of any officer, agent or employee of the board to duly fulfil his engagements or discharge his duty, shall cause a for- feiture of the whole or any less portion of the salary or compen- sation of such officer, agent or employee, as the rules or practice of the board may provide. The board of police is authorized to allow the board of health to occupy a portion of its premises. 5$ 582. Said board shall hold regular and special meetings as frequently as the proper and efficient discharge of its duties shall require ; the same to be held (unless it shall be impracticable so to do, or shall be, for good reasons, otherwise ordered) at the regu- lar office of said board in the city of New York ; and the rules or by-laws shall provide for the giving of proper notice of all such meetings to the members of the board. ^ 5S3. Said board may delegate any portion of its powers to the president or sanitary superintendent, to be exercised when the board is not in session. § 584. The president of said board shall preside and preserve order at the meetings of the board ; and in case of the absence ot inability of the regular secretary to attend, he shall appoint a secretary pro tempore, who, for the time being, may perform any duty of the secretary. The board at a*ny time may elect persons to perform the duties of president or secretary pro tem- pore during any time when either of said officers may be absent or be unable or may refuse to perform their respective duties, who shall exercise the powers of such officers, respectively. The secretary shall, subject to the direction of sa^board, keep and authenticate its acts, records, papers and proceedings, pre- i»i PIES OF 81 BOBQINAT£S. 228 serve its books and papers, conduct its correspondence, and aid in accomplishing tlu 1 purposes of tins chapter, as the board may direct. The board may designate one of the clerks in the see re- , ■■' J ( omp, in. tary's office of said hoard as chief clerk," who may perform such dut ies of the secretary as shall he assigned him j and papers "certified by said chief clerk shall he of the same effect, as evi- dence and otherwise, as if certified hv the secretary. Said heard ■•>' •*■>'>-■ • m J *' Comp. 188. shall keep records of its acts and proceedings as a board, and of Seal of board the execution of its orders so far as reasonably practicable. Said hoard may design and adopt a seal,, and uso the same in the authentication of its orders and proceedings, commissioning it^ officers and agents, and otherwise, as the rules of the hoard may ° ' ' J 1806, cb, 74, {90, provide. Said hoard may enact such by-laws, rules and regula- Comp. iss tions as it may deem advisable, in harmony with the provisions and purposes of this chapter, and" not inconsistent with the con stitution or laws of this State, for the regulation of the action of said hoard, its officers and agents, in the discharge of its and their duties, and from time to time may alter, annul or amend the same. § 585. Said board may establish reasonable regulations as to the publicity of its records and proceedings; and may publish such information as may, in its opinion, bo useful, concerning births, deaths, marriages, sickness, and the general sanitary con- dition of said city or any matter, place, or thing therein. § 586. It shall he the duty of the sanitary superintendent, as gg*j#> |Wi he may be directed, to execute, or cause to be executed, the or- Dutyofsani- ders of said board, and generally, according to its instruction, to tendent. exercise a practical supervision in respect to the inspectors, agents, and other persons other than the secretary/, treasurer, and members of the board or the members of the police force who may exercise any authority under this chapter; and said officer shall devote his services to the aforesaid purposes, as the •board may from time to time direct. Such superintendent shall make reports weekly, or oftener, if directed by the board, in writing, stating generally his own action and that of his sub- ordinates, and the condition of the public health in said city, and any causes endangering life or health that have come to his knowledge during that period. § 587- The sanitary superintendent or the sanitary 7 inspectors jj^^ 1 ^ or the officers of said hoard may visit all sick persons who shall ( " r ' 0om P- ** he reported to the board of health as sick of any contagious, duties, pestilential, or infectious disease and report to the hoard of health in writing his or their opinion of their sickness. He or they shall visit and inspect all vessels coming to the wharves, landing places, or shores of said city, or within three hundred yards una thereof. whicfflPe suspected of having on hoard any infectious di TIES OF SUBORDINATES. or contagious disease, or likely to communicate the disease t<»the inhabitants of said city, and all stores and places within said city which arc 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 inspected by him or them, and the nature, state, and situation thereof, and his or their opinion in relation thereto, as to the prohahility of disease being communicated by or from the same, and file such report in the office of the hoard of health. i866,ch.r4, m, ;^ 588. Said hoard may appoint and commission such number "P- ■ ,,[; "sanitary inspectors" as the hoard may deem needful, not exceeding fifteen, and, from time to time, prescribe the dutitt and salaries of each of said inspectors and the place of their per- formance (and of all other persons exercising any authority under said hoard except as herein specially provided); hut at h ast ten of such inspectors shall he physicians of skill and of practical professional experience in said city, and the residue thereof shall he selected with reference to their practical know] edge of scientific or sanitary matters, which may especially qualify them for such inspectors. Each of such inspectors shall, twice in each week, make a written report to said hoard, stating what duties he has performed, and where he has performed them, and also such facts as have come to his knowledge, connected with the purposes of this chapter, as are by him deemed worthy the attention of said hoard, or as its regulations may require of him: and such, and the other reports herein elsewhere men- tioned, shall be preserved among the records of said board. 1878, ch.886,s8i, §589. Said board may appoint an attorney at a salary not i&7™di.636, f,. exceeding two thousand five hundred dollars a year, to be pro- saiary nf'uttor- vided for and paid as other salaries in said department. He ney of board, gjjgjj w ] ien appointed as such by the said board, be also its counsel, and shall have a salary for his services as attorney and counsel to be fixed by the said board not to exceed six thousand dollars. isoe.cii. ra,§!B, § 590. Said board may, from time to time, engage a suitable Board to em- person or persons to render sanitary engineering service, and to e£gtaeer& aiy make or supervise practical and scientific sanitary investigations and examinations in said city requiring engineering skill, and to prepare plans and reports relative thereto. 1866, ch. 74 §22, § 591. And said board may provide a badge of metal, with a Badge to be suitable inscription thereon, and direct and require it to be "fToafd 0ffiters worn, in a position to be designated, by any person or officer under the authority of said board, at such times and under such circumstances as the rules or bydaws' of said board shall direct. £^ CO-OPERATE WITH BOARD OF HKAI.TM. 1602. The members of said board, the sanitary superintend isbb, ch. 74, §«. J c , (,'omp. 437. dent, or any of tin* sanitary inspectors, and such other officer or person ;is may at any time bo by said board authorized, may, without fee or hindrance, enter, exairftnc, and survey all grounds, erections, vehicles, structures, apartments, buildings, and places in said city, including vessels of all kinds in the waters, and all cellars, sewers, passages, and excavations of every sort, and inspect the safety and sanitary condition and , make plans, drawings, and descriptions thereof, according to the order or regnlat ions of said board. Said board may make and publish a report of the sanitary condition, and the result of the inspection of any place, matter, or thing in said city so in- spected, or otherwise as aforesaid, so far as, in the opinion of said board, such publication may he useful. =i 593. Proofs, affidavits, and examinations as to any matter aSm^jgt* 14 ' under this chapter may he taken by or before one or more mem- bers of the board, or other person, as the board shall authorize ; and the secretary, the sanitary superintendent, and any mem- ber of said board shall, severally, have authority to administer £ xa """-" l "" s oaths in such matters, and any person guilty of willfully testi- fying falsely shall incur all the pains and penalties of perjury. § 594 It shall be the duty of the board of police (and of its ^£«2! ,§ir ' officers and men, as said board shall direct), to promptly advise Sd^geiSSui* the board of health of all threatened danger to human life or b °<"- ( iof ( inng..r ° See 41 X. Y. health, and of all matters thought to demand its attention, and Snpr.Jtsa to regularly report to said board of health all violations of its rules and of said ordinances, and of the health laws and all use- ful sanitary information. Said boards shall, so far as practicable and appropriate, co-operate for the promotion of the public health and the safety of human life in said city. The board ^ r ( :' 1 ; n ' ':, s of police may, if requested by the board of health, employ their surgeons to aid the sanitary inspectors in the discharge of their duties, under such regulations and orders as the board of police may make and issue. It shall be the duty of said board of police, by and through its proper officers, agents, and men, to faithfully and at the proper time enforce and execute the sani- tary rules and regulations, and the orders of said board of health (made pursuant to the power of said boar.d of health), upon the same being received in writing and duly authenticated as said board of health may direct. Said board of police is authorized to emplov and use the appropriate persons and means, and to nee iu their"™ . 5T t -, ,.j r i forcementof make the necessary and appropriate expenditures for the execu- winimn- ruie 5 . lion and enforcement of said rules, orders, and regulations, and such expenditures, so far as the same may not be refunded or compensated by the means herein elsewhere provided, shall be paid as the otffier expenses of said board of health are paid. In 226 LIABILITY OF BOARD «>r HEALTH. I878,cb. 885,|81, Conip. YZ&. 'l87l. ch. 630, $7. C'omp. 45H. Orders of board of health, how executed. Expennes, how pai.l MB ch.':iv>. |8S, as amended l878,ch.757,f!S, C'omp. 4'M. L806, ch. (4, $22 C omp. !3fl. 1W6. ch. 74, $24. Tomp. 438. and about the execution of any order of the board of health or of the board of police made pursuant thereto, police officers and policemen shall have as ample power and authority as when obeying any order or or law applicable to the board of police, or as if acting under a ^special warrant of a justice or judge, duly issued; but for their conduct they shall be responsible to the board of police and not to the board health. Said board may, with the consent of the board of police, impose any portion of the duties of subordinates in said department upon subordinates in the police department. § 505. The said board of health, if it shall consider the public health or interests so to require, may execute orders through its own officers or persons, and means to be engaged by the said board of health. Whatever expenses said board of health may lawfully and properly incur in the execution of any judgment aforesaid, or in executing, or in connection with its own orders, made in good faith, or in and about the discharge, in good faith, of its duties, or in satisfying any liability or judgment it may have in good faith incurred or suffered by reason of its acts done in good faith as aforesaid, or in satisfying any claim against its officers or subordinates, arising from their acts in the discharge in good faith of their respective duties, shall, so far as established, be paid out of its fund or other moneys. § 590. All orders duly made by the department of health to which said department succeeded, and by their terms or neces- sary legal effect to be executed in the city of New York, may be executed, and the execution thereof compelled, and the execu- tion of such of them as are partly executed maybe compelled by the department of health: and the said orders may be severally rescinded or modified by said department, with like effect as could have been done by the department 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, cre- ated 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 existing January first, eighteen hundred and seventy, they could be dis- charged by the metropolitan board of health. § 597. It is made the duty of all boards, officers, and agents, having the control, charge or custody of any public structure, work, ground or erection, or of any plan, description, outline, draw- ing, or charts thereof, or relating thereto, made, kept or controlled under any public authority, to permit and facilitate the exam- ination and inspection, and the making of copies of the same by any officer or person thereto by said board authorized. It is made the duty of all persons, officers and boards to make to said LIABILITY OF BOARD OF HEALTH. --T. board of health tho reports and returns, and to give the infor- mation and afford t > said board the aid - and facilities which by law or ordinance they or any of them were required to make, afford, or give to any person, officer or board, when any powers conferred on said board of health were exercised by any other officer of board. § 59S. Such board shall not be required to make anv return or Id 25 « . „ .. ,. , , . , Whnt board U report, or give anv lnlormation or advice, or do any act winch, not require * a _ to ve "- taking is given by the board on appeal, or the granting of an in- junction, that would have existed to sue and recover of any party to such undertaking, had the same been duly executed by any such party and board, and duly approved and filed according to the practice in analogous cases. £ GOO. Whenever the words "place, matter, or thing,'' or J*^^? 4 - either two of said words, are used in this title or in titles four and five of this chapter, they .shall, unless the sense plainly requires a different construction, be construed to include whatever is em- braced in the enumeration with which they are connected in sec- tion five hundred and thirty-five. £ 601. No salary or compensation shall be paid to, or fees de- laee, ch. 74, §1;. manded by, or expense ordered to be incurred by any officer, see h., <■»>, board or agent, or in respect to any service, expenditure or em- ^Tinty em- ployment uuder the authority of any health law, ordinance, re- excep\ b JsTe d re gulation or appointment of or in said city, unless such salary, in P rovided - expenditure, employment fees or expense shall be authorized by 228 REOISTR1 OF MARBIAQE8, Vft the department of lioalth. No municipal body or other authority shall create or employ any officer or agent, or incur any expense under any health laws or ordinances, or in respect of any matter concerning which '-aid department is by this chapter given con- trol or jurisdiction. Title -. Matn'ctges. Births } and Deaths. ik.->;s. ch. ;j. |1, ( 'omp. 17'J Unchanged. Registry of inniTinges. I880,cb. 74; |13, < !omp. -129. Report nsl" tiirtlis. 1868, ch. '.5, |1. ( 'omp. IT". I860, ch. 14, {18, Comp. 4'i9. R*>l>ort as to de- ceased persons. 1S5;;. ch. |i, t 'onip. 47:!. § 602. It shall be the duty of the clergymen, magistrates, and other persons who perform the marriage ceremony in the city of New York, to keep a registry of the marriages celebrated by thorn, which shall contain, as near as the same can be ascertained, the name and surname of the parties married : the residence, age, and condition of each; whether -ingle or widowed. 603. Tt shall be the duty of the parents of any child born in said city (and if there be no parent alive that has made such report, then of the next of kin of such child born i. and of even person present at such birth, within five days after such birth, to report to said board in writing, so far as known, the date, ward, and street number of said birth, and the sex and color of such child born, and the names of the parents. It shall also be the duty of physicians and professional mid wives to keep a registry of the several births in which they hare a-sisted pro- fessionally, which shall contain, as near as the same can be as- certained, the time of such birth, name, sex, and color of the child, the names and residence of the parents, and to report the same, on or before the first Monday of each and every month, to the board of health. § 604. 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 person occupying or living in any house or premises in or on which any person may die to report in writing to said board within five days after such death, the age, color, nativity, last occupation, and cause of death of such deceased person, and the ward and street, the place of such per- son's death, and last residence. Physicians who have attended deceased persons in their last illness shall, in the certificate of the decease of such persons, specify, as near as the name can be ascertained, the name and surname, age, occupation, term of residence in said city, place of nativity, condition in life; whether single, married, widow, or widower; color, last place of residence, and the direct and indirect cause of death of such deceased per- sons, and the coroners of the city in such cases as an inquest may have been held, shall in their certificates conform to the requirements of this section. REGISTRY Of MARRJ LOBS, ETC !605. h'l >r t>\ ci v omission of anv person to niakr ami kocii iHM,ch.M,|ia . . romp r.".i the registry i>f marriages and births requited by the preceding sections, and for every omission to report a written copy of the I'euitjrfoi same to said board within ten days after any birth or marriage report provided to ho registered; and for every omission by any personto make the report of any death or hirtli, with the particulars as herein required, any person guilty of such omission shall h<- lia ble <<> pay a line of tendollais, which may he sued for and recov- ered in the name of said depart menl for the henetit of said de- partment. 15ut no person shall he liable for such fine for not uSS?^ rtyno1 making the report herein required, if be or she shall prove that > such report has" been made to the hoard hv some other person before snit brought for such penalty, or that he or she was ig- norant of such birth or death. t'li'd. The hoard of health shall keep a record of the births, j86S.ch.7a.12, marriages, and deaths reported to it; the births shall be num- Record or hered and recorded in the order in which they are received by it; rfcgeeland and the record of births shall state, " n separate columns, the ' 1 "' lU ^ place and date of birth, the name, sex, and color of the child, the names and residence of the parents, as fully as they have been received, and the time when the record was made. The marriages shall be numbered and recorded in the order in which they are received by the hoard, and the record thereof shall state, in separate columns, the date of marriage, name, resi- dence, and official station, if any. of the persons, by whom married, the names and surnames of the parties, age, the color and condition of each; whether single or widowed, and the time when the record was made. The deaths shall he likewise num hered and recorded; and the record thereof shall state, in separ- ate columns, as far as the same is reported, the date of decease, name and surname, condition; whether single, married or wid- owed; age, place of birth, place of death, occupation, names of the patents when an infant- without name, disease, direct or in- direct cause of death, color, and last place of residence of such deceased person, and the time when the record was made. Said 1 ' B ■ , law;, eh. U. fit. hoard shall perform all the duties by this section imposed, as a ( '°mp. ■». part of its regular duties, and no fees shall he demanded or re- ceived by reason thereof. £ 007. The births of the children of actual residents of the im ch city of New York which may have occurred during the tempor- jS^^, , ary absence of the parents of such children from the city Mrtba ' of New York, and the births of children which failed to be recorded through the neglect of the physician or other medical attendant present at such birth, may be recorded in the bureau of vital statistics of the health department of said city,, in a reeorted special book to he kept for such purpose, upon application in -'30 DUTIES OF PHYSICIANS. Such behalf by the parents or guardians of such children. Tran scripts of any record in the said bureau of vital statistics may be given, in the discretion of the board of health, to a parent or the next of kin to any person whose birth, death, or marriage is there recorded, or to any one person authorized to apply for the same, but no transcripts of false or fraudulent returns made to the said bureau, nor of the entries thereof, shall be given; and they shall be canceled upon due proof of the facts to the board physician <>.■' of health. Such application shall be made to the board of mldfl If) health, and shall be accompanied by a certificate of the physician »>r midwife attending professional}' at such birth, and personally cognizant thereof, together with the affidavit of at least two citizens certifying to their knowledge of the facts, and that the physician or midwife milking such certificate of birth is a repu- table person in good standing in the community in which he or she may reside. No change or alteration shall at any time be made in any of the records of the said bureau of records in said city without proof satisfactory to and upon the approval of the said board of health. Title 3. — Duties of Physicians and otlicrs. SS2'maI $ 608 - 14 sha11 1)0 tho (m< y of each an( l every practising phvsi iio cimp. -wo. dan in the citv of New York : Duties of physicians. i. Whenever required by the board of health, to report to Pestilential and .,. , . . " , . ... , x contagious said board at such times, in such forms as said board may pre- scribe, the number of persons attacked with any pestilential, contagious or infectious disease attended by such physician for the twenty-four hours next preceding, stating the name of such patient and the name and place where he shall then be, and the number of persons attended by such physician, who shall have died in said city during the twenty-four hours next preceding such report, of any such pestilential, contagious or infectious disease. 2. To report in writing to the said board every patient he Report of sick. gjj|jfl| h ave laboring under any pestilential, contagious or infec- tious disease, and within twenty-four hours after he shall ascer- tain or suspect the nature of the disease. Repon oi dead. 3. To report to the said board when required by it, the 1 death of any of his patients who shall have died, of disease within twenty-four hours thereafter, and to state in such report the specific name and type of such disease. BwwSfn^i»- § The board of health may require any physician to sTe Se^e&^ii make and file in its office, within such time as they may pre- §13, comp. m. scr j|) ej no i ] ess than three hours after service of a copy thereof upon him, an affidavit, stating therein whether he has or has ANIMALS IN STREETS, 281 not any patient, who. in his opinion, shall then be ->ick of any n 1 ■ Ji I , m _ ii-|)i>rt cuttfs i.r pestilential, contagious, or infectious disease, and if he has any snch patient, to state in his affidavit his or her name, and the house or place in said city where he or she shall then he, and the nature or name of such disease, to the hest of hi-; knowledge and bHief - $010. Every practising physician who shall refuse or neglect title's, art 8. to perform tlie duties enjoined on him by the six hundred and * " 1 ' eighth section hereof, shall he considered guilty of a misde- meanor, and shall also forfeit for each offense the sum of two hundred and fifty dollars, to he suejj for and* recovered hy the department of health. It shall he the duty of each commissioner of health, and of each visiting, hospital, and consulting physi- j>| lv ^, J . Mll , cian, to make an immediate report to the hoard of health, of j"'! t n f s f ',™ H ^'i the name of every practising physician by whom he shall have i »'i >ri ^" ,, "'» reason to believe the provisions of said section have been vio- lated; and if such physician shall neglect or refuse to perform ins duty, the board shall suspend him from any office under said board, and he shall, moreover, be liable to such further penalty as the said board shall prescribe. § Gil. Every person keeping- a boarding or lodging house in tiuesfart-l' the city, shall, whenever required by the board of health, report Srtta^' in writing to the board the name of every person who shall bo J^|™^«" h0U8€ sick in his house within twelve hours after each case of sickness shall have occurred. §012. Every master, owner, or consignee of a vessel, laying 1,1 •*'•-*• at a wharf, or in the harbor of the citvdf New York, shall make 1),lties , of "»> s J ters and owners a like report, and within the same period, of the name of every of vess * lR - sick person on board such vessel; and no person shall he re- moved therefrom without a written permit for that purpose from the board of health. § 013. It shall not be lawful to drive any cattle, sheep, swine, oJS^bo 0, S1, pigs, or calves through the streets or avenues of New York, or Cattle driy en 1 ' through streets any of them, except at such times and in such manner as the board of health may, by ordinance or resolution, prescribe. But so long as said board shall permit the business of slaughtering animals for food to be earned on in that portion of the city south of Fortieth street, it shall he lawful to drive, through such streets and avenues as may be designated by said board, and under such restrictions as to numbers as said board may pre- scribe, cattle from eight o'clock in the evening till two hours after sunrise in the morning, and sheep until twelve o'clock at noon. But m designating the streets and avenues the said hoard shall have regard as well to fhe convenience of persons driving the same as to the character, condition, and ordinary use of said streets and avenues. t ENFORCEMENT OF HEALTH ORDINANCES. Comp. 43.3. Order for ex- Title 4. — Enforcement of Orders and Ordinances. i860, ch. 74, (14, §614. Any judge of the supreme court of the first judicial ihoo, ch.ow.j.-). district, or who is holding court or chambers therein, upon the written application of said hoard or its president, to he made hy or through its attorney, may issue his order by him subscribed, for the examination without unreasonable delay by or before such justice, of any person or persons, and the production of books or papers, or the inspection and taking of copies of the whole or parts thereof, at a time and place within said city, and in said order to be named ; and it shall he the duty of such iwe'iustfceof justice to take or superintend such examination, which shall be i!»^K^ urt ' under oath, and shall be signed by the party or parties exam- ined and be certified by said judge, and with any copies of books or papers be delivered to said board or its secretary, for the use of said hoard. And such examination, and any proceeding con- nected therewith or under said order, may wholly or in part he had, conducted or continued hy or before any other of said judges, as well as that one thereof who made said order ; and in and about the same, every such judge shall have as full power and authority to punish for contempt, and enforce obedience to his said or other order or directions respecting the matter afore- said (or that of any other judge), as any such judge or the supreme court may now have or shall possess to enforce obedience or punish conteiflpt in any case or matter whatever, what appiica- Such application shall name or describe the person or persons ^imi/state! 1 ' ' whose examination is sought (and so far as possible the books or papers desired to be inspected), and the matters or points affecting life or health in said district as to which said board requests the same to take place, and the judge shall, on the pro- ceedings, decide what questions are pertinent and allowable in respect thereto, and shall require the same to be properly answered ; but no answer of auy.'person so examined shall be used in any criminal proceeding. Service of any order of any such judge may be made, and the same proved in the same Answers of manner as the service of either an injunction or of a subpoena ineTno 6 ! io IT may be made or proved. And it shall be the duty of all said proce«ungT al judges to facilitate the early determination of the' aforesaid pro- ceedings. . i8T4,ch.68B,§i3, §615. Upon the application of any party in interest in any comp. 4o9. matter pending examination before said board of health, by Appearance . affidavit, stating the grounds of such application, to any judge and Exainina- r. <• i -i i • j.i x tion of wit of a court of record, and asking that any person or persons therein named shall appear before said board of health, or any person taking or about to take such examination, at some time or times and place to be stated in said affidavit, it shall he the ENFORCEMENT OF HEALTH ORDINANCES. 333 duty of such judge, if he shall discover reasonable cause so to do, to issue his order requiring such j)erson or persons named t<> appear and suhiuit to such examinat i< »n as and to the extent such order may state, at the time and place to he in said order named: and such order, to he signed by such judge, may he served, and shall in all respects he obeyed as a suhpu-na duly issued; and a refusal to submit to the proper examination may he punished by such judge, <»r 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. § f>ir>. Said board of health may sue or be sued in or by the i«74, di. osc, h proper name of "the health department of the city of New ',','„,„, York,"' and not in or by the name of the members of said board !",,'!i r i!,. l "";,r'' or any of them: and service of all process in suits and proceed- f' i^iy . ings against or affecting said board, and other papers may be made upon the president of said board, or upon its secretary, and not otherwise, except that, according to usual practice in other suits, papers in suits, to which said board of health is a party, may be served on its attorney. £ »;17. Said board of health may institute and maintain all ism, ch. we, %s such suits and proceedings as shall be reasonable, necessary, and proper, for recovering any moneys expended, enforcing any lien or the payment of any fine, the punishment for any offense, or Boarfmaj re ' J . cover moneys, in other respects carrying out the provisions of the laws under etc - which it acts. £ 618. In all actions in proceedings against the mayor, alder- ro x. v.. ra men and commonalty of the City of New York, or any other c,'„\]^\-'„ f' • department or person whatsoever in which any action, order, K regulation, ordinance, or proceeding of the said board, or of any persons acting under or pursuant to its authority shall be called in question or made the subject of the action or proceeding, the said board of health shall be a necessary party, and have the right to answer, to appear, and to take part therein by its own attorney and counsel. § 619. No preliminary injunction shall be granted against the t»7,ch. kb, p board of health, or its officers, except by the supreme court, at No injunction a special or general term thereof, after service of at least eight except 1 by°su-' days' notice of a motion for such injunction, together with no < t"ce. court on copies of the papers on which the motion for such injunction is tote made. Whenever said board shall seek any provisional lser.cn roo,fa remedy, or shall prosecute any appeal, it shall not be necessary mp " ' before obtaining or prosecuting the same to give any under- taking, but such board shall be liable in the same manner as if an undertaking had been given in the ordinary manner. jj 020. The action, proceedings, authority, and orders of said J25^f h i^' J81 ' «■ * ° ' * ' Comp. +10. board shall at all times be regarded as in their nature judicial, VIOLATIONS OF HEALTH REGULATIONS. lHOli, C)l. 7 f'omp. 487 1800, eh. 74 Oomp. 43-1. 1807, oh. !t. r >6, jjl, (.'omp. 4-11. 1870, ch.688,112, Cojnp. 45'J. Court tn take Judicial notice. Record of pr<> reedinps, certi- fied copies of. evidence. 1800, cli. 74, |80, us amended. 1800, ch. 080, $2, Conip. 430. 1807, oh.9. r >0, $17. t'omp. 45 - J. Violating orders of board a mi ide meanor. Refusal to con- form to regula- tions, etc., a misdemeanor. Penaltv. and be treated as prima facie just and legal. All meetings of said hoard shall in every suit and proceeding be taken to have been duly called and regularly held, and all orders and proceed- ings to have been duly authorized, unless the contrary he proved, [n any suit, the right of said board or the hoard of police to make any order, or cause the execution thereof, shall be presumed. ?' \ reason of a plea that till** to n-al estate is involved, provided the defendant is sought by the pleadings to he charged in said action on any of the grounds mentioned in this chapter, other than by virtue of ownership of such real estate. In respect to all proofs and proceedings by said board, or its agents or officers, under this chapter, papers filed shall he deemed entered upon or in the minutes of the board. law ch.74,jH £ 02:». Said board of health, having lirst entered on its min ures, or tiled m its records, what it may regard as adequate proof of a violation or resistance by any person in said city, of any law, or ordinance, the authority conferred by which is given to said board, or of any order made by said board, may order (by its wan-ant, under its seal and attested by the signa tine of its president and secretary, and indicating, as far as con- veniently practicable, the time, place, and nature of the offense committed i the arrest of any such person, and such order of arrest shall be of the same effect and shall be executed as a war SHTO^ertobe ran * ^' ,,|n a j lls tice or judge, duly issued; and the party arrested trouffht. shall be taken before a magistrate, and thereupon and thereafter shall, by all officers, be treated as being and have the rights and liability of a party under arrest by order of the proper officer or tribunal, for a misdemeanor of the nature indicated in the said order of arrest. i8M,ch.74,ji4, ^ 024. Any member of the police force, and every inspector Arrest fnr vie Ol" officer of said board of health, as the regulations of either of latioiu of art. said hoards may respectively provide relative to its own subor- dinates, may arrest any person who shall, in view of such mem- ber or officer, violate, or do, or be engaged in doing or commit- ting 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 board of health, or who shall in such presence, resist or be engaged in resisting the enforcement of any of the orders of said board, or of the board of police pursuant thereto. Violation?, of And any person so arrested shall be thereafter treated and dis- set misclt*" • liieunors. posed of as any other person duly arrested for a misdemeanor. i8cc, oh. 74, §20, ^ 625. Upon the complaint of any citizen of said city against as amended . _ , . . • . _ , ... -ij- t isc6.rii._68t;. §1. any person for violation of any rule, sanitary regulation, ordi- nance, or order, made to any police justice or magistrate having jurisdiction in criminal cases, such justice or magistrate shall order the arrest of any person against whom such complaint is inade 3 as in any other case of a criminal offense, and by his warrant may require any policeman or constable to make such arrest, and may, after such arrest, proceed 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 VIOLATIONS OF HEALTH REGULATIONS, thereof being Oral given to said board or its president. And whentriwto upon an application in behalf of said board, made before the ^r;^' 1 trial is commenced, the trial of such person, together with the papers, shall be remitted to the court of special sessions, upon which court jurisdiction to try such persons is hereby conferred: but the right of any person to elect to be tried before a jury, as it may now exist, is not affected by anything herein contained. II such person shall, upon such trial, be found guilty, he or she jJSalty! ' may be lined in any amount not exceeding twenty-five dollars; and the payment thereof may be enforced in the same manner as is usual in other cases where lines are imposed. Such fines , l ,','i" 1 'i',l!'„V 1 """ when collected shall be at once paid over to the treasurer of said board, to the credit of said board. Reports of all such trials, and of fines imposed for violations of this chapter, or of the Code of Sanitary ordinances, shall be made monthly to said board, by the justice before whom such trial is had. But nothing in tins section contained shall be construed as in any manner limiting any powers, penalty, and punishment in this chapter elsewhere conferred. §026. If any person shall knowingly make to said board of i8M,ch.«6,fl4. health or any officer thereof any false return, statement. 01' 1'C- Kalse return, port relative to any birth, death, or marriage, or other matter, f"p!iv"r.^,rt. concerning which a report or return maybe legally required of m'.'.-; or should be made by sucli person; or if any member, inspector, or officer, or any agent of said board of health shall knowingly make to said board of health any false or deceptive report, or statement (in connection with his duties), or shall accept or re- ceive, or authorize, or encourage, or knowingly allow any other person to accept or receive any bribe or other compensation as a condition of or an inducement for not faithfully discovering and fully reporting or otherwise acting according to his duty in any respect, then any and every such person shall be deemed guilty of a misdemeanor, and shall he liable to be for such crime in- dicted, tried, and punished according to law, and shall, in addi- Punishment, tion, forfeit all compensation due or to grow due from said board. l Coin p. 131. On what ex- J>ense9 to be ii lien. 1«60. ch. 74, Comp. 431. Suit for expenses. Title o. — Reimbursement for Expenses,. § 630. The expenses attending the execution of any and all orders duly made by said board shall respectively "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 regard to such business, place, street, prop- erty, matter, or thing which said ci der requires, and said expenses shall also he a hen on all jent 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 cleansing (or removal) of any matter, thing, or place, the failure to do which by the party hound 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. ^ 631. Said board of health, its assignee, or the part}' who has under its order, or that of the board of police acting thereunder incurred any expense, or has rendered service for which pay- ment is due, and as the rules of said board 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 compensa- tion, and may recover the expenses'so incurred under any order aforesaid. And only one or more of such parties liable or inter- ested may be made parties to such action as the board may elect ; hut the parties made responsible as aforesaid for such expeuses shall be liable to contribute or to make payment as between EXPENSES OK HOAKI) OF HEALTH. themselves, m respect of such expenses and of any sum recov- ered for such expenses or compensation, <»r by any party paid on account (hereof, according to the legal or equitable obligation existing between them. ^ 63*2. The said hoard, its assignee, or anv person acting i -a !.:*,, n. ° ' , ° * / Com p. 1&0. under its authority, in executing any order of said board, shall have a lien for the expenses necessarily incurred in the execu- kxi«;»m) <»f *.\ I -' editing order* tion of Baid order, and said expenses shall be a lien upon the to be a lien, land and buildings upon or in respect of which, or either of which, the work required by said orderjhas been done, or ex- penses incurred, which lien shall have priority over all other liens and incumbrances, except taxes and assessments. But no " ',"'"/ ' * to be Bled. such lien shall be valid for any purpose till the said hoard or per- son 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 tiled, a notice containing the same particulars re- quired to be stated with reference to mechanics' liens, with the further statement that the expense has been incurred in pur- suance of an order of said board, and giving its date. Upon such filing the said officer shall make the same entry on the book or index in which mechanics' liens are 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 a-> herein elsewhere provided, have the same effect in all respects as a mechanic's lien; and all proceedings with reference to said lien, its enforcements and discharge, shall be had and carried on in the same manner as similar proceedings with reference to mechanics' liens are now or may be hereafter by law had or car- ried on. The filing of such statement shall as to all persons have a- ^>t * ±- a i « t When notice to the same ertect as filing of notice of mechanics hen; and unless become conciu 7 ive. within two months after actual notice of such filing, proceedings are taken by the party against whom or whose said property the 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 Howiongt^ shall continue to be a lien for the space of four years from the continue a ,,en - time of filing such statement, unless proceedings are in the meantime taken to enforce or discharge the same, which maybe 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 judg- ment for the amount claimed in such statement, or any portion thereof, such judgment shall, to such extent, be a lien in the same manner and from the said time as said statement. § 633. When anv order of said hoard of health has been exe- '^.cb.ose.sis. ■ Com p. 152. 240 KXI'ENSKS OK HO A 1(1) OF HEALTH. statement of cuted, or so far executed assaid hoard may require,* the expenses expenses of ex- . * * ' 1 ecuUnKoniers G f such execution, giving in general terms the items of such ex- pense and the date of execution, shall he stated in an affidavit, and the same shall he filed among the records of said hoard, with the older so executed; and said hoard shall take care, hy or through some proper officer, or otherwise, that the expenses of such execution he so stated with fairness and accuracy; and when it shall appear that such execution, or the expenses thereof, re lated to several lots or buildings belonging to different persons, i MMfm.m said affidavit shall state what belongs to*or arose in respect t<> corrected. ' each lot of said several lots or buildings, as said board or its au- thorized officer may direct; and the correctness of such appoint ment or expenses, as stated in any such affidavit, shall not he called in question or reviewed elsewhere than before said board; hut said board may revise and correct the same, as said board ai'tynn-i't'.'^ .'-x- smi " think truth and justice may require. Whenever the ex- [if >'<; J r " i c • Inlm for pen incurred bv either of 1 1 1 « * defendants, bv reason of, or in connec- am mj <■•■ J * . Joined In Hon with, the nuisance complained of j orbyreasonol any onus- action sion or refusal of any defendant to obey or comply with any order of the hoard of health touching 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 Jgg° B made shall be entertained in any such abatement suit, except as a part of and as. arising upon the papers upon a regular appeal to a general terni of the court, and to be beard therewith. > : t'.-t:'.. The judgment of the general term, if it shall to any M-««a»d.a extent direct any change in the judgment appealed from (but "\*2™fZu. shall direct; or allow or fail to forbid the judgment in part to be tocont * ta executed), shall also contain the requisite specific provisions, so that the judgment as modified maybe executed, and the due proportion of the expenses of such execution maybe assessed on the defendants respectively, or on said board, as the general term may adjudge. Upon any appeal from the general term to the ^^oV" court of appeals, in such abatement suit, the provisions hereof BppeaU as to appeals from the judgment to the general term, and as to security on appeal, shall, in all particulars, including the length ( of time given in which to take an appeal, apply ; and no change coJieof iT^" in the code of civil procedure, or otherwise, hereafter to be uretoa PP 1 - v made, though in subject-matter applicable to said abatement suits, shall be construed to modify the aforesaid or other pro- visions of the health laws as to any suits thereunder, unless such act shall specifically declare such modification to be intended. § G44. Upon the execution in whole or in part of any such 1866, ch.' bm, §c judgment (if said board shall, as it is hereby authorized to do, comp. -no. J " * - ' Statement of decide the public interest to demand onlv execution in part expense of exe- r , cuting to never- thereof), a statement of the expenses of such execution shall be 'flea and rued, made, and such expenses shall be therein apportioned not con- trary to any provisions of said judgment ; aud upon the same being verified by the oath of some person who, by due authority, took part in or had charge of the execution of such judgment, or by some officer of said board, such statement, entitled in the case, may be filed or given to the proper clerk to be filed, with such judgment ; and notice of such filing or delivery, and a copy NotoeoffiUn* of such statement shall be given to the attorneys of the defend- ant in the suit, or to the defendants themselves, or to some one of the joint defendants ; and unless within ten days after any m^o^ome such notice, such defendants «hall give due notice in writing, to flnal Said board, or to the person who, as assignee or by order, exe- cuted such judgment or is entitled to payment of such expense 1 in case it was not executed bv said board t. of a motion, and 2 } £ ABATEMENT OF NTJISANl EES. Judge's finding final Effect of modi- fied Uiulinjf. 1867. ch. 956, Buba. 10, C'omp. 447. When execution to be issued, and for what Against whom. No execution for less than amount due. Separate exe- cution for costs, penalty, etc. 1866, ch. 956, §6, subd. 11, Comp. 447. serve therewith copies of affidavits to correct such statement in particulars to he mentioned, and separately and clearly stated in such affidavit, such statement aforesaid shall ho, in all suits and proceedings and tribunals, and at all times, deemed and taken to be final, conclusive, and correct ; and no formal defect in such statement shall in any wise vitiate the same. And on any hearing of such motion, any party in interest, or said board, 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 motion involved or statement contained, shall be final and conclusive, and not sub- ject to appeal ; and such finding or statement as modified by , such finding, 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 execut ion for such expense, and creating a lien under any judgment, such state- ments and finding or modified statement shall be regarded as a part of said judgment, and the lien thereof shall extend to any amounts stated in such final statement and finding. § 645. For the proportion and amounts as authorized by such judgment, and contained in such finding or in stich statement or modified statement, when either of the same shall have become final as aforesaid, said board or any assignee of such board, or any other person who has executed such judgment, or has other- wise a right to receive the expense of so doing (or the portion thereof that may be due from any defendant), shall have execu- tion, on such execution being allowed ex-parte, by a judge of the court in which any judgment was recovered (and such exe- cution shall, in due form, be allowed by any such judge) ; such execution to be against any one or more defendants or joint defendants for the recovery of any amount due from such defendant or defendants, which the party claiming such execu- tion is entitled to receive ; and such execution, except as herein especially provided, shall be of the same effect and form as any execution duly issued pursuant to any judgment. But no exe- cution shall be issued against any defendant for less than the whole sum due from such defendant, or for less than he shall be liable tcrpay in such suit ; but any sum adjudged against any defendant or defendants, in any such abatement suit for penal- ties, costs, or for other cause than the expense of the abatement or remedying of such nuisance, may be collected by separate or other? executions (than those authorized for collecting such expenses) to be issued in due course of law. § 646. In any abatement suit aforesaid the court, or a judge thereof, may issue and enforce an appropriate preliminary in- junction, whenever it shall be asked for pursuant to an order of 9 ABATEMENT OF NTTtSANOES. 349 said hoard of health, by affidavit, and there shall appear to such pwunanagyn judge to bo reasonable cause therefor ; and such injunction may kgwnted also bo granted whenever it shall bo made to appear to the court Or a judge thereof, by affidavit, that such injunction is needed to prevent any illegal act, conduct, or business aforesaid, or ?ts 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 act or the health laws aforesaid relate. And in any such injunction order the t ^ allo " ,; court may require any building, erection, or grounds to be put • in a condition that will not be dangerous to the life or detri- mental to the health of any occupant, before the same shall be leased, or rented, or occupied, or before any rent or compensa- tion 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 SS»to any judgment in any abatement suit, the judge or court may bowdf* require the tenants, lessees, and occupants (or either or any of them) of any such building, erection or grounds, to pay the rent thereof (or compensation therefor), due or to grow due, to said board, and said board to collect and receive the same, and to apply said rent to pay the expenses of putting any said build- "™ pr ™°" py lo ing, erection or ground in a condition that will not be dangerous to the life or detrimental to the health of any present or future tenant, lessee or occupant, or of any other persons ; all such col- lections and payments to be made in such manner, to such ex- tent and on such conditions as any such order or judgment may provide ; and every such payment to said board, and the receipt J^^obe a of its treasurer for such rent or compensation, shall be as dischar s* > - effectual to protect any person who has made the same, and every such tenant, lessee, and occupant, 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 any 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 undertaking or security shall be required or ^SjmS^ 8 necessary, on the part of said board, as a condition of granting such injunction, or the same being effectual ; and in any final judgment in such suit there may be enjoined whatever, if about to happen or threatened, would be the proper subject-matter of a preliminary injunction. And when the public interest seems J"^, 1 ^ 1,6 to the court to require a speedy trial or hearing of any such suit or appeal therein, it shall be the duty of any judge of any court aforesaid, or of the court to whom application by said board may be properly made, to cause such suit or appeal to be brought to a speedy trial (and before it would otherwise be 250 HICAl/ni PROVISIONS AS TO TENEMENT HOUSES. reached for trial or argument in due course on the calendar), as the judge or court may hy special order direct. S c k 1BM6 ' § W"- so huilding, or portion thereof, in the city of New York shall he used, occupied, leased, or rented for a tenement or lodging house unless the same conforms in its construction and appurtenances to the requirements of this title. m § C50. Every house, building, or portion thereof, in the city designed to he used, occupied, leased, or rented, or which is used, occupied, leased, or rented for a tenement or lodging house, shall have in every room which is occupied as a sleeping room, and which does not communicate directly with the external air, a ventilating or transom window, having an open- ing or area of three square feet, over the door leading into and connected with the adjoining room, if such adjoining room com- ventiiation and mmiicates with the external air, and also a ventilating or transom windows. /.,■> • ... .,, window of the same opening or area, communicating with the entry or hall of the house, or where this is, from the relative situation of the rooms, impracticable, such last-mentioned HEALTH I'KOVISIONS AS TO TEN EM EN Y HOUSES. 251 ventilating or transom window sli;ill communicate with an adjoining room that itself communicates with the entry or hall, i,.;;;* 1 "' ' hi Every such house or building shall have in the roof, at t ho top of tho hall, an adequate and proper ventilator, of a form approved by the inspector of buildings. g ('.;. I . Every such house shall be provided with a proper tire cSSp^^ 8 -* 8, . scape, or means of escape in case of fire, to be approved by the n»e*»pei inspector of buildings. § 659, The roof of every such house shall be kept in good J2 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 Koof inr ' |mlr the ground, or causing dampness in the walls, yard, or area. All Stlul stairs shall bo provided with proper banisters and railings, and shall be kept in good repair. £ Goo. Every such building shall be provided with good and l Vat ! ,., , s suflicient water-closets or privies, of a construction approved by or P ,i%i,s the board of health, and shall have proper doors, traps, soil pans, and other suitable works and arrangements, so far as may be necessary to insure the efficient operation thereof. Such water-closets or privies shall not be less in number than one to every twenty occupants of said house ; but water-closets or privies may be used in common by the occupants of any two or more houses, provided the access is convenient and direct, and provided the number of occupants in the houses for which they are provided shall not exceed the proportion above required for every- privy or water-closet. Every such house situated upon a lot on a street in which there is a sewer, shall have the edwithsewe! water-closets or privies furnished with a proper connection with the sewer, which connection shall be in all parts- adequate for the purpose, so as to permit entirely and freely to pass whatever enters the same. Such connection with the sewer shall be of a form approved by the commissioner of public works. All such water-closets and vaults shall be provided with the proper traps, and connected with the house sewer by a proper tight pipe, and shall be provided with sufficient water and other proper means of flushing the same ; and every owner, lessee, and occupant obstruction!., shall take adequate measures to prevent improper substances etc. ""^ from entering such water-closets or privies, or their connections, and to secure the prompt removal of any improper substances that may enter them, so that no accumulation shall take place, and so as to prevent any exhalations therefrom, offensive, dangerous, or prejudicial to life or health, and so as to prevent the same from being or becoming obstructed. No cess-pool shall be allowed in or under or connected with any such house, Cess-p ->ols, except when it is unavoidable, and in such case it shall be unavoidable constructed in such situation and in such manner as the board 252 HEALTH PKOVISION'S AS TO TENEMENT HOUSES. Yard orurna to be connected with sewer or street gutter. IKC7, ob. MS, I'omp. 476. ( 'ellars not occupied as dwellings. Must be drained. Water-closet, ^.windows, etc. Back cellar may be occu- pied with front one. of health may direct. It shall in all cases he water-tight, and arched or securely covered over, and no offensive smell or gases shall lie allowed to escape therefrom, or from any privy or privy vault. In all cases where a sewer exists in the street upon which the house or building stands, the yard or area shall he so connected with the same that all water from the roof or other- wise, and all liquid filth shall pass freely into it. Where no sewer exists in the street, the yard or area shall he so. graded that all water, from the rooforotherwi.se, and all filth shall flow freely from it and all parts of it into the street gutter, by a passage beneath the sidewalk, which shall be covered by a per- manent cover, but so arranged as to permit access to remove obstructions or impurities. § 654. It shall not be lawful, without a permit from the board of health, to let or occupy, or suffer to be occupied separately as a dwelling, any vault, celhir, or underground room built or rebuilt after July first, eighteen hundred and sixty seven, or which shall not have been so let or occupied before said date. It shall not be lawful without such permit to let or continue to be let, or to occupy or suffer to be occupied separately as a dwelling any vault, cellar, or underground room whatsoever, unless the same be in every part thereof at least seven feet in height, measured from the floor to the ceiling thereof, nor unless the same be for*at least one foot of its height above the surface of the street or ground adjoining or nearest to the same, nor unless there be outside of and adjoining the said vault, cellar, or room, and extending along the entire frontage thereof, and upwards from six inches below the level of the floor thereof, up to the surface of the said street or ground an open 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 he 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 he fitted a frame filled in with glazed sashes, at least four and a half su- perficial feet of which shall be made so as to open for the pur- pose of ventilation. Provided, however, that in the case of an inner or back vault, cellar, or room, let or occupied along with a front vault, cellar, or room, as part of the same letting or occu- pation, it shall be a sufficient compliance with the provisions of this section if the front room is provided with a window as HEALTH PROVISIONS as TO TENEMENT HOUSES. 253 hereinbefore provided, and if t lie said back vault, cellar or room is connected with the front vault, cellar or room by a door, and also by a proper ventilating or transom window, and, where practicable, also connected by a proper ventilating or transom window, or by some hall or passage communicating with the external air. Provided always that in any area adjoining a atepstoaw* vault, cellar, or underground room there may be steps necessary for access to such vault, cellar, or room, if the same be so placed as not to be over, across, or opposite to the said external win- dow, and so as to allow between every part of such steps and the external wall of such vault, cellar, or room, a clear space of six inches at least, and if the rise of said steps is open; and provided further that over or across any such area there may be A1 .,, , m , 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 opposite to any such external window. § 655. No vault, cellar, or underground room shall be occu- [887, ch. 908, $7, pied as a place of lodging or sleeping, except the same shall be omp approved in writing, and a permit given therefor by the board of health. § 65G. Every tenement or lodging house shall have the Every cellar re- proper and suitable conveniences or receptacles for receiving 111!' $a pernut ' garbage and other refuse matter. No tenement or lodging Garha « e boxes * house, nor any portion thereof, shall be used as a place of storage for any combustible article, or any. article dangerous to Vl . tic i es not ,„ life or detrimental to health ; nor shall any horse, cow. calf, tSJSS^s'ecc swine, pig, sheep, or goat be kept in said house. £ 057. Every tenement or lodging house, and every part w. so. thereof, shall be kept clean and free from any accumulation of J.^ ker,t dirt, filth, garbarge, or other matter in or on the same, or in the yard, court, passage, area, or alley connected with or belonging to the same. The owner or keeper of any lodging house, and the owner or lessee of any tenement-house or part thereof, shall thoroughly cleanse all the rooms, passages, stairs, floors, windows, doors, walls, ceilings, privies, cesspools, and drains thereof of the house or part of the house of which he is the owner or lessee, to the satisfaction of the board of health, so often as shall be required by or in accordance with any regula- tion or ordinance of said board, and shall, well and sufficiently, to the satisfaction of the said board, whitewash the walls and ceilings thereof twice at least in every year, and in the months of April and October, unless the said board shall otherwise direct. Every tenement or lodging house shall have legibly posted or painted on the wall or door in the entry or some public owners' and accessible place, the name and address of the owner o'r owners. 5£tea! name6 254 HEALTH PROVISIONS As TO TENEMENT HOUSES. I J. §10. Officers of board of health to have access 1 to houses. Sick |M?r.sons t< he reported. t-wr.ch. !»8.sn. Comp. 478. Buildings in- fected or out of repair. Id. $12. Houses hereaf- ter erected or converted to comply with additional requirements. and of the agent or agents, of any one having charge of the renting and collecting of the rents for the same; and service of any papers required hy this title, or by any proceedings to en- force any of its provisions, or of the acts relating to the hoard of health, shall he sufficient if made upon the person or persons so designated as owner or owners, agent or agents. §658. The keeper of any lodging-house, and the owner, agent of the owner, lessee, and occupant of any tenement -house, and every other person having the care and management thereof, shall, at all times, when required hy any officer of the hoard of health, or hy any officer upon whom any duty or authority is conferred hy 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 infectious, pestilential, or contagious disease, and such sickness is known to such owner, keeper, agent, or lessee, give immediate notice thereof to the hoard of health, or to some officer of the same, and thereupon said hoard shall cause the same to he inspected, and may, if found necessary, cause the same to. he immediately cleansed or disinfected at the expense of the owner, in such manner as they may deem necessary and effectual; and they 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. G5D. Whenever it shall be certified to the board of health by the sanitary superintendent, that any building or part thereof, is unfit for human habitation, by reason of its being so in- fected with disease as to be likely to cause sickness among the occupants, or by reason of its want of repair has become dan- gerous to life, said board may issue an order, and cause the same to be affixed conspicuously on the building or part there- of, and to be personally served upon the owner, agent or lessee, if the same can be found in this State, requiring all persons therein to vacate such building for the reasons to be stated therein as aforesaid. Such building, or part thereof shall, within ten days thereafter, be vacated; or within such shorter time, not less than twenty-four hours, as in said notice may be specified; but said board, if it shall become satisfied that the danger from said house, or part thereof, has ceased to exist, may revoke said order, and it shall thenceforward become inopera- tive. § 660. Xo house erected after May fourteenth, eighteen hun- dred and sixty-seven shall be used as a tenement-house or lodg- ing-house, and no house heretofore erected and not now used HEALTH PROVISIONS AS To TKNT.MKNT IIOUSKS. 255 for such purpose, shall ho converted into, used, or leased for a tenement or Lodging house, unless, in addition to the require- ments hereinbefore contained, it conforms to requirements con taiued in the following sections of this title : § 661. It shall not he lawful hereafter to erect for, Or convert S'^Snded to, the purposes of a tenement or lodging house, a building on JSJiSiJi any lot where there is another building on the same lot*, unless j55tJJJ Una! " 0,1 there is a clear open space exclusively belonging thereto, and ex- tending upwards from the ground, of at least ten feet between said buildings, if they are one story high above the level of the ground ; if they are two stories high, the distance between them shall not be less than fifteen feet ; if they are three stories high, the distance between them shall not be less than twenty feet ; and if they arc more than three stories high, the distance between them shall not be less than twenty-five feet. At the rear of every building hereafter erected for or converted to the purpose of a tenement or lodging house on any lot, there shall be a clear, open space of not less than ten feet between it and the rear line of the lot. But when thorough ventilation of such open space can be otherwise secured, such distances may be lessened or modified in special cases by a permit from the board of health. No one continuous building shall be built or con- Stb/biuMtag verted to the purposes of a tenement or lodging house upon an ordinary city lot, to occupy more than sixty-five per centum of the said lot, and in the same proportion if the lot be greater or less in size than twenty-five feet by one hundred feet ; but this provision shall not apply to corner lots, and may be modified in other special cases by a permit from the board of health. £ G62. In every such house hereafter erected or converted ifamendea 111 ' every habitable room, except rooms in the attic, shall be in every o^a^m*' part not less than eight feet in height from the floor to the ceil- J£j$j£ ot ing ; and every habitable room in the attic of any such building shall be at least eight feet in height from the floor to the ceiling, throughout not less than one-half the area of such room. Eveiy windows, such room shall have at least one window connecting with the external air, or over the door a ventilator of perfect construc- tion, connecting it with a room or hall which has a connection with the external air, and so arranged as to produce a cross-cur- rent of air. The total area of window or windows in everv room ?» of » dows. communicating with the external air shall be at least one-tenth of the superficial area of every such room ; and the top of one, at least, of such'windows shall not be less than seven feet six inches above the floor, and the upper half, at least, shall be made so as to open the full width. Every habitable room of a less area than'one f ''^e ?j££fai hundred superficial feet, if it does not communicate directly with ven,1,ntIon the external air, and is without an open fire-place, shall be pro IJKALTIl PROVISIONS AS TO TKNKMKNT HOU8E8 Sleeping looms Id. |1S. Chimneys. Ashes and rubbish. Water Cellar Door Balls 1879, eh. 501, P, Comp. 481. Over-crowding. When tene- ment-house to have janitor, etc. 1SB7, ch. 90S. €16, Comp. 480. Punishment for violation. vided with special means of ventilation, by a separate air shaft extending to the roof, or otherwise, as.the board of health may prescribe. Bu£ in all houses erected or converted, after 'June sixteenth, eighteen hundred and seventy nine, which shall be used, occupied, leased, or rented for a tenement or lodging house, every room used, let, or occupied by any person or persons for sleeping shall have at least one w indow, with a movable sash, having an opening of not less than twelve square feet, admitting light and air directly from the public street or the yard of the said house, unless sufficient light and ventilation shall be other- wise provided, in a manner and upon a plan approved by the board of health § 663. Every such house erected after May fourteenth, eigh- teen hundred and sixty-seven, or converted shall have adequate chimneys running through every floor, with an open tire-place or grate, or place for a stove, properly connected with one of said chimneys, for every family and set of apartments. It shall have proper conveniences and receptacles for ashes and rubbish. It shall have Croton or other water furnished at one or more places in such house, or in the yard thereof, so that the same may Inade- quate and reasonably convenient for the use of the occupants thereof. It shall have the floor of the cellar properly cemented, so as to be water-tight. The halls on each floor shall open di- rectly to the external air, with suitable windows, and shall have no room or other obstruction at the end. uidess sufficient light or ventilation is otherwise provided for in said halls, in a man- ner approved by the board of health. § 664. Whenever it shall lie certified to the board of health by the sanitary superintendent that any tenement-house or room therein is so over-crowded that there shall be afforded less than six hundred cubic feet of air to each occupant of such building or room, the said board may, if it deem the same to be wise or necessary, issue an order requiring the number of occupants of such building or room to be reduced, so that the inmates thereof shall notexceed-one person to each six hundred cubic feet of air- space in such building or room. Such excess in the number of occupants shall be reduced to the standard hereby designated within ten days after the service of an order therefor upon the owner, lessee, occupant, or agant of such building or room. Whenever there shall be more than ten families living in any tenement-house, in which the owner thereof does not reside, there shall be a janitor, housekeeper, or some other responsible person, who shall reside in the said house, and have charge of the same, if the board of health shall so require. § 665. Every owner or other person violating any provision of this title shall be guilty of a misdemeanor, punishable by a fine of not less than ten dollars nor more than one hundred dollars, or HEALTH PROVISIONS AS TO TKNKMKNT IlolsKS. •j:,7 by imprisonment for not more than ten days jf or each and every day that such violation shall continue, or by both such fine and imprisonment, in the discretion of the court. lie shallalsobe liable to nay a penalty of ten dollars for each and every day that 1 ' ' , mi i if i How recovered. such oifense shall continue. Such penalty may be sued for and ip.ch. hm.jo. recovered by the hoard of health, and when recovered shall be paid ^luI" 4W! over to the citv chamberlain and become part of the tenement- Tenement , ^ * . house (and. house fund, directed by section one hundred and ninety-four, subdivision nine, of this act, to he annually appropriated to the credit of the health department and to be expended by the board of health. In every proceeding for a violation of this title, and in every such action for a penalty, it shall be the duty of the owner of the house to prove the date of its erection or conver- sion to its existing use, if that fact shall become material, and the owner shall be prima facie the person liable to pay such penalty, and after him the person who is the lessee of the whole house, owners, lessees 1 and occupant in preference to tin 1 tenant or lessee of a part thereof. In any w be defend- such action the owner, lessee, and occupant, or any two of them, may be made defendants, and judgment may be given against the one or more shown to be liable, as if he or they were sole defendant or defendants. a. iih amended lKT3.cli.757,j|13, Comp. 491. 1871. ch.aOO, $6, Coinp. 507. 1K7C, ch. 447, |2, Comp. 509. Department of parks. 1871, cb. ^"jo, $7. ( 'onip. 507. Control of part of Baiter; place May erect buildings, docks, and basins thereon. Utiles for con- trol of small boats at Batten". 1*74. ch. 604. $1. Comp. 1027. Towers of de- partment of parks to lay out. survey and monument streets, roads and avenues. g 668. The department 1 of public parks shall control and man- age all public parks and streets immediately adjoining the same, including the whole of the land embraced within the boundaries of Riverside avenue, and all public places which are the realty of the city of New York, except the buildings in the City Hall park, and save as in this act otherwise provided, and shall have charge of the laying out and preparing maps and plans of all streets, avenues, and drives above Fifty-ninth street, except as in this act otherwise expressly provided. ? *'»•)!>. The department of public parks is vested with exclu- sive powor and control over all that portion of Battery place lying south of the line' of the south side of pier number one, 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 department to erect, construct, and maintain on said part of Battery place, and over or on the lands under water before mentioned, a proper improvement, to con- sist of suitable buildings, docks, piers, or basins for the accom- modation of small boats that may be engaged in the business of attending on shipping lying in the said river, or the bay or har- bor 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 said department shall seem meet and proper for the public interests; said board may also prescribe and enforce like rules and ordinances for the control and government of all small boats frequenting or using the water basin at the south end of the said Battery. § 670. The department of public parks shall have and possess exclusive power to lay out, survey, and monument all streets, roads, avenues, public squares, and places within that part of the city of New York, north and east of a line commencing at the termination of the southerly line of One Hundred and fifty- fifth street, at or in the Hudson river, .running thence easterly along said southerly line of One Hundred and Fifty-fifth street, and a prolongation of said line to the middle of Harlem river. DEPARTMENT OF PARK8. If .V.l and running thence southerly, along the puddle of tho said Harlem river, to the sound north of Randall's Island, not in- cluding, however, the Twenty third and Twenty-fourth wards, of such width, extent, and direction, and upon such grades as to it shall seem most conducivo to the public good ; and to change the location, width; course, windings and grades of the Streets, avenues and road-, which were on the fifth day of June, eighteen hundred and sevent y four, laid out within the said part of the city of New York ; or to discontinue and close the same or any portion thereof, as to tho said department, or a majority of it, shall seem most conducive to the puhlic interest. (171. The department of puhlic parks shall have the exclu- ^ r a 3 ;„e n ^ liH sive power to locate and lay out, construct and maintain all ^,!; < I '^' iM1 public parks, streets, roads and avenues and to devise plans for iHpartmont of 1 * ? ' 1 public parks, and locate all hridgvs and tunm Is. and to devise and prepare | ll, ' lr W w «™« ~ 41 to puhlic parks, plans for the proper sewerage and drainage in "the territory SS^^SSSwd embraced in the twenty-third and twenty-fourth wards, and t,rril « r >- . , . , j 7. 1874, ch. 004, $1. shall have exclusive control ot the maintenance and const ruction comp. 1027. of all public parks within the territory embraced in the twenty-' third and twenty-fourth wards, and the exclusive right to construct and maintain all bridges, tunnels, sewers, streets, roads, and avenues so located and laid out, and the said depart- ment shall have exclusive power to establish the widths and grades of all such streets, roads and avenues so located and laid out, with authority to change the location, width, course, wind- ings, and grades of the streets, avenues, and roads which were on the fifth day of June, eighteen hundred and seventy-four, laid out within said territory, or to discontinue and close the same, or any portion thereof, as to them shall seem most conducive to the public interest. Such streets, roads, and avenues within said territory as are laid down and established by the commis- sioners appointed under chapter eight hundred and forty-one of the laws of eighteen hundred and sixty-eight, on a map of the Bame, tiled in the office of the register of the county of West-. Chester, on the twenty-third day of February, eighteen hundred and seventy-one, which streets and avenues, with the grades and lines tliereof as laid down on said map, are hereby confirmed and established, except so far as the same have been changed or modified in pursuance of law, subject, however, to be altered by the department of public parks whenever it may deem such change required. The several surveys, maps, plans, and pro- files of streets, roads, and avenues which on the twenty third day of Mayj eighteen hundred and seventy-three, had been made, laid out, filed or adopted by the commissioners of public parks within the said territory, under any law of this State authorizing the same, are, hereby confirmed and established. MAI's AM) PLANS PREPARED. subject to be altered, as herein provided, and except as hereto- fore changed or modified in pursuance of law. No street or avenue, not on said day laid out, shall he constructed through or upon the depot or station grounds of any railroad or branch of the same, then operated by steam within the said territory, unless with the consent of the railroad company owning the same. In all cases where proceedings have been commenced for the opening of any streets, roads, or avenues, or for the construction of any street, road, avenue, or sewer within the said territory, the same shall be continued and completed under the direction of the said department of public parks. All pro- ceedings taken since May twenty-third, eighteen hundred and seventy-three, or which are hereafter taken by virtue of this section by said department of public parks, to layout, Construct, and maintain any public parks, to -devise plans for and locate any bridges or tunnels, or to locate or lay out any streets, sewers, roads, or avenues, or for the construction of any bridge, tunnels, sewers, streets, or avenues within said territory, shall be taken and prosecuted by the department of public parks, under and in pursuance of the provisions of the laws in force, for the* con- struction of such works, or which may hereafter be passed for the taking and .prosecuting of proceedings in the city of New York, by the department of public parks or the commissioner of public works. o»m^^m! 9>, §672. It shall and may be lawful lor the commissioners of night of enby. public parks, and for all persons acting under their authority. to enter in the day time into and upon any lands, tenements and hereditaments and waters which they shall deem necessary to be surveyed, used, or converted for the laying out, surveying, and monumenting of any such streets, avenues, roads, or public squares or places, as are named in the two preceding sections; S£S 8t * be anc * * ne sa id commissioners shall cause three similar maps or plans and profiles of the streets, avenues, roads, or public squares or places so to be laid out by tnem as aforesaid, and of the shores bounding the lands by them surveyed, to be made, showing the width, course, windings and grades of such streets, avenues, roads, and public squares and places, accompanied with such field notes and explanatory remarks as the nature of the subject may require, which maps, plans, and profiles, together with such notes and remarks, shall be certified to by the presi- dent of the department of public parks, or by one of the officers or commissioners of said board designated by said board for that purpose, before any person authorized by law to take ac- knowledgement of deeds and conveyances, and be filed, one in the office of the secretary of State, to remain of record, one in. tbe office of the register of the city and county of New York, and BY THE DEPARTMENT «'i PARKS. the other of said maps in the office of the said department of public parks. The said department shall not be required to com- plete the laying out of all the streets, avenues, and roads, public squares and places to be laid out pursuant to said sections, before tiling maps and plans for any portion thereof, but whenever they shall deem the public interest so requires, they may file in the offices hereinbefore designated, maps, plans, or profiles, cer- tified to, as hereinbefore provided, of such streets, avenues, roads, public squares, and places as they may then have laid out, or any one of such streets, avenues, or roads, public squares, or places; accompanied by such field notes and explanatory remarks as hereinbefore provided, but such streets, avenues, and roads, pub- lic squares and places, or so much of such portions thereof as the said commissioners or a majority of them shall deem proper, shall be again exhibited upon, or in connection with the maps, plans or surveys filed upon the completion of the whole work. The said commissioners shall erect suitable and durable monu- ments wherever they, or a majority of them, shall deem it necessary to define and designate said streets, avenues, roads, public squares and places, the location of such monu- ments to be noted upon the maps or plans and profiles filed by them. £ 673. On the maps or plans prepared and filed in accordance ^in'omi^i' with ^he provisions of the three preceding sections, the said ciwn^osa' department of public parks shall designate each street, avenue, or road, as belonging to one of three classes. A street, avenue, or road, of the first class shall be such as in the judgment of the commissioners, is or may be needed for the convenience of the general public, either as a main route of travel, or for drainage. The streets of this class may be opened by the board or depart- ment of the city government having control of such opening, whenever in their opinion the interest of the public demands such opening or grading. A street, avenue, or road of the sec- ond class shall be such as in the judgment of said commissioners is or may be needed for the use or convenience of the inhabitants of certain areas or districts, as thoroughfares, but which are not main routes of travel. Streets of this class shall be opened only on the petition of the owners of at least one-third of the linear feet of frontage on such streets, and the streets intersecting the same for five hundred feet in each direction from such intersec- tion. A street, avenue, or road of the third class shall be such as in the judgment of the said commissioners is or may be needed only for the subdivision of the property through which it passes. Streets of this class shall be opened or graded only on the peti- • tion of the owners of at least three fourths of the linear feet of frontage on such streets. IMPROVEMENT OE HARLEM RIVER, ETC Om^mt.'^' i^- 1 - The maps, plans, and profiles of the -aid department Maps etc., flnai of public parks, made and certified to as in the preceding see- as to location. * *_ , *_ , _ , . 1 ° width ami lions provided, shall be hnal and conclusive as to the location, grades of . _ , ' streets. hc width, and grades ol the streets, avenues, and roads, public squares, and places exhibited on such maps, plans, and profiles, as well in respect to the mayor, aldermen and commonalty of the city of New York, as in respect to the owners and occupants of lands, tenements, and hereditaments w ithin the boundaries aforesaid, or affected by said streets, avenues, roads, public squares, and places, and in respect to all other persons whom- soever. coWo»: " § 675 - u sha11 be the dut y of tho department of public parks improvement to devise and prepare plans for the improvement of the naviga- of river and . 1 creek. tion of Harlem river and Spuyten Duyvil creek, the plan and location of all bridges, tunnels, and other means of transit across or under said river and creek ; and plans, locations, and grades, so far as the said board may deem practicable, of all railroads and similar modes <>f communication and transportation to be operated by steam or other power that may hereafter be author- ized by law to be constructed within, through or in connection andpierVin^' w ' tn sa i d area, ana " plans and location of new pier and bulkhead riv'r and m oth. r tines and the grades thereof on both sides of the Harlem river, tidewaters. from the line of the Third avenue to the East river or Long Is- land sound, and plans and location of pier and bulkhead lines and the grades thereof in and along all other title waters bound- ing and adjacent to the Twenty-third and Twenty-fourth Wards or north of Spuyten Duyvil creek. Whenever the said board shall deem it proper so to do, they may file maps, plans and profiles in the manner provided in the last section but two, for the improvement of Harlem river and Spuyten Duyvil creek, and plans and locations for all bridges, tunnels and other means of transit across or under said river or creek, and the plans grades and location, so far as the said board may deem practic- able, of all railroads and similar modes of communication and transportation to be operated by steam or other power, which they have determined to lay out, establish, alter, discontinue, abandon, close or retain within any particular section of the dis- trict or area hereinbefore described, and the grades therefor ;and from and after the filing of said maps, plans, profiles and grades as aforesaid, the poAvers«of the said department to lay out, es- tablish, alter, discontinue, abandon, close or retain any im- provement of Harlem river or Spuyten Duyvil creek, or bridge, tunnel, or other means of transit across or under said river, or creek, or railroads and similar modes of communication and transportation to be operated by steam or other power, or grades within such section of said district or area, shall absolutely cease IMPROVEMENT OF HARLEM tUVER, Kit and determine ; but Bucb improvement of Harlem river and , s i t i ;; i ;, , 1 ; , ; i : ; Spuyten Duyvil crook, location of bridges and tunnels and other [|Jgft*8)E£5i„ moans of transit across or under said river and creek, and rail- ^'.'"J?' 1 """" roads and similar modes of coinmunication and transportation to bo operated by steam or other power, and grades, shall ho again exhibited on the maps, plans,- or surveys filed upon the completion of the whole work. I'pon the tiling of any plans the same shall be final and conclusive, and all such plans, grades, and location of railroads and similar modes of coinmunication and transportation, and plans and locations of pier and hulk- 'head lines and the grades thereof, as aforesaid, as shall be therein or thereby shown, laid out, retained, or established, shall thereupon and thenceforth be retained or established accord- ingly ; and such bridges, tunnels, and other means of transit Brjdgm.tun across or under Harlem river and Spuyten Duyvil creek as shall pftransn 1 J J locate! be therein and thereby planned and located, shall thereupon and thenceforth he planned and located accordingly. § t'.Tt'.. Said department shall havo full power and authority i8n, ch. s», gs. to build and construct, by contract or otherwise, as they shall |e,«Smp. i'om. deem most expedient, any and all bridges, tunnels and other means of transit across or under Harlem river or Spuyten Duy- vil creek, which may be planned or located as aforesaid, and may forthwith commence the building or construction of a sus- pension bridge -north of the bridge known as the " High bridge," but not more than half a mile therefrom: and also the bridge or tunnel that may he planned or located near or at the northerly end of the Seventh avenue in the city of New York, and next thereafter the bridge or tunnel that may be planned or located at or near the northerly end of the Fifth avenue in the city of New r York; provided, however j that not more than two of such bridges, or one bridge and one tunnel, or other means of transit shall be in the course or process of being built or constructed at the same time, and to build and construct, by contract or other- wise, any and all such improvements of the navigation of Har- lem river and Spuyten Duyvil creek, which ma)" be planned or located as aforesaid. The direction of the buidges, constructed ]8 T6,ch.i4r.sio over said river or creek, shall be at right angles to the courses St^c^wb is of the improved channel, the height of the bridges in the clear. Com P / im at the draws, shall be not less than twenty-four feet above the high water of spring tides, and the number ami size of the bridge piers within the improved channel shall first be approved by the engineer of the United States in charge/ No tunnel shall be constructed under said river or creek which will not permit of the excavation of a channel above it of at least twenty feet in depth at mean low water. Thei'e shall be constructed in Drjlw< every bridge, except in suspension bridges, hereafter built over OPENING STREETS IN 23D AND 24TH WARDS. Department of parks, to man- age work on bridges, tun- nels, etc. 1874, ch. «M. J4 Comp. 1029. The depart- ment of parks may acquire title. Assessment for benefits. Proceedings therefor. sakl river or creek, two draws contiguous to each other, and the length on the bridge occupied by the draw spans and the centre pier separating them shall he at least two hundred and forty feet. The said department shall maintain and keep in order and repair all bridges now existing across said Harlem river so far as said department shall consider advisable. The said de partment of public parks shall have full and exclusive power to lay out, regulate, govern, manage, and direct all the work, buildings, and constructions which they are in this section em- powered and authorized to huild and const rurt ; and to pass or- dinances for the regulation, control, and government thereof, and of the various works and constructions of the kind, nature, and character herein referred to, and upon or adjacent to said Harlem river and Spuyten Duyvil creek, and imposing and en- forcing proper penalties for the violation of such ordinances, and defining methods for the enforcement and collection thereof, and for punishing any person or corporation violating or offending against the same. § 677. The department of public parks, for and in behalf of the mayor, aldermen and commonalty of the city of New York, is authorized to acquire title for the use of the public, to all or any of the lands required for the streets, avenues and roads, public squares and places laid out by them, in the twenty-third and twenty-fourth wards of the said city of New York or any portion of said streets, avenues, roads, public squares and places in the said twenty-third and twenty fourth wards of said city, whenever they shall deem it for the public interest so to do ; and such department may for that purpose make application to the supreme court in the first judicial district for the appointment of commissioners of estimate and assessment, specifying in such application the lands required for that purpose, and the proceed- ings to acquire title to such lands shall be had pursuant to such acts as shall then be in force relative to the opening of streets, avenues, roads and public squares and places in the city of New York, which said acts, so far as the same are not inconsistent with the provisions of this chapter are hereby made applicable to the streets, avenues, roads, public squares and places so laid out or to be laid out by said department of public parks, in the same manner and to the same extent as if the said streets, ave- nues, roads, public squares and places had been originally laid down as and for public streets, roads, avenues, squares and places by the commmissioners appointed in and by the act en- titled " An act relative to improvements touching the laying out of streets and roads in the city of New York, and for other pur- poses," passed April third, one thousand eight hundred and seven, except that the said commissioners of estimate and OPENING STREETS IN 28D AND MTB WARDS. 265 assessment who may be appointed as herein provided, may assess for such opening all such parties and persons, lands and tenements, as they may deem to be benefited by such improve- ment, to the extent which said commissioners of estimate and assessment deem such parties, persons, lands and tenements benefited thereby, provided that as to streets, avenues or FOads which shall be, in the opinion of said the eonnnissioners of esti- mate and assessment, or a ma jority of them, more than one mile in length, not more than one half of the amount awarded for dam- ages, and of the expenses attending such opening, shall be so assessed: the amount of such damages and expenses not so as- sessed being hereby made a charge upon the city of New York, to be paid as hereinafter provided. The moneys collected upon the assessment of the commissioners of estimate and assessment shall be paid into the city treasury. No compensation shall be comi^aii .. n allowed for any buildings, erection or construction which at any etc. '"" time subsequent to the filing of the maps, plans or profiles men- tioned in section six hundred and seventy two of this act, may be built, erected or placed in part or in whole upon or through any street, avenue, road, public square or place exhibited upon such maps, plans or profiles. The damages awarded by com- SS2S|^ wi,en missioners of estimate and assessment, appointed pursuant to the provisions of this act. shall become due and payable imme- diately upon the confirmation of the report of said commission- ers of estimate and assessment. § GTS. The department of public parks for and in behalf of coinp h io-r». §k '' the mayor, aldermen and commonalty of the city of New York T-l 1 M?', i ! n( !r,i n is authorized to acquire title for the use of the public to ap- acquired, proaches 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 Harlem river and Spuyten Duyvill creek that may be laid out or retained by them under section six hundred and seventy-five, whenever they shall deem it to the public interest so to do, and such department shall for that purpose make application to the supreme court in the first judicial district for the appointment of commissioners of estimate and assessment, specifying in such application lands required for that purpose; and such proceedings to acquire titles to such lands shall be had pursuant to such acts as shall then be . in force relative to the opening of public squares and places, streets, avenues and roads in the city of New York, except that in such proceedings the department of public parks shall act in lieu and in place of the major, aldermen and commonalty of the city of New York, except also that the commissioners of esti- mate and assessment who may be appointed as herein provided may assess for such openings and land laid out and retained all - 260 MAP OF AND 21TII WARDS. Streets ami avenues, lands for brld&r8s t titc. , to remain iu control of department of |jnrk.s 1873, ch.013, J17, I'omp. 59!?. Mapping of 88d ami vMt li wards. How and by whom to bo made. Entrances to be completed. 1881. eh. 324, 81. SUCh parties and persons, lands and tenements as they may deem to be benefited by such improvements to the extent which such commissioners deem such persons, parties, lands and tone* ments benefited thereby; and it shall be the duty of the counsel to the corporation of (he city of New York to perform all the legal services required of him in the proceedings authorized by this act without any additional compensation beyond the salary and allowances now provided by law: and the said streets, ave- nues or roads, 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 navigation of Harlem river and Spuyten Duyvill creek, as shall be laid out or retained by the department of public parks, as aforesaid, shall immediately after the same are laid out and opened be and re- main under the control and management of the department of public parks, as to the regulating, grading and proper con- structing and maintaining the same and all the works pertaining thereto. G79. It shall be the duty of the department of public parks to cause to be made maps of the territory constituting the Twenty-third and Twenty-fourth wards, for the use of the de- partment of taxes and assessments. Such maps shall show all street, road, and property lines, and the divisions of all lots and separate properties, and the dimensions of the same. The said maps shall be of such scale, form and dimensions, and bound in volumes of such size as may be directed by the commissioners of taxes and assessments. The said lots and separate properties shall bo designated on said maps by numbers, as maybe directed by the commissioners of taxes and assessments. The depart- ment of public parks shall cause such maps arfd surveys as may be found necessary for their completion, to be made by compe- tent surveyors and draughtsmen in the office and under the direction of the civil and topographical engineer in charge of surveying, laying out, and monumenting the Twenty-third and Twenty-fourth wards, and so far as practicable from the maps of topographical surveys of the town of Morrisania, made under the direction of the commissioners appointed under chapter eight hundred and forty-one of the laws of eighteen hundred • and sixty-eight, and the topographical maps of the towns of West Farms and Kingsbridge, made under the direction of the commissioners of the Central park and the commissioners of the department of public parks, which said maps are now in the possession of said department of public parks. § 680. The board of commissioners of the department of pub- lic parks is hereby authorized to complete the entrances on the Eighth avenue, at Seventy-seventh and Eighty-first streets, to DUTIES <>K DKl'.M: I'MI'.NT OK I'AKKS. the westerly drive, and on the avenue l>ct ween said nvts i<> tlie transverse road. The plans for said improvements may be pre- pared by the trustees of the American Museum of Natural His- tory, without cost to said city, subject to the approval of said board of commissioners. § 681-. In all cases of improvements touching the laying out g^^gf of streets, avenues, roads, public si mares and places, where the wi.-n it si.nii depart ment of public parks is required to file, maps, plans or > t.» in. 1 11 * x / «. m:i|>i. etc. surveys thereof, and of the grades therefor, it shall not be neces- sary to file the maps showing the laying out, and tin- maps showing the grades therefor, at the same time; but when- ever it shall deem the public interest to so require, it may fde in the offices hereinbefore designated, maps, plans or surveys, cer- ' titled as hereinbefore provided, of such streets, avenues, roads, public squares and places, and of grades as it may. from time to time, lay out and establish, and all the provisions of this act shall be applicable to the same when so filed; but such streets, avenues, roads, public squares and places, and grades, shall be again exhibited on the maps, plans or surveys tiled upon the completion of the whole work. 0S2. It shall be the duty of the said department to inclose, i864,cb.8i9,|i, lay out, grade, regulate, drain, and improve that piece or parcel Manhattan of land known as Manhattan square, bounded on the north by ^centraiparic. Eighty-first street, on the east by the Eighth avenue, on the south by Seventy-seventh street, and on the west by the Ninth avenue, and to connect the same with the Central park in such way or ways as shall not interfere with the full, free, and unin- Etehth avenue temipted use of the Eighth avenue as a. public street, , '" > " keptope 1 CtS'.K The department of public parks is authorized and di- isso.ch. sss. $i. rected to proceed with the improvement and inclosure of thesev- p^Xir'rarfc* era! public squares, parks, or places laid out and established S™";,"'!''. within the lines of Fourth avenue, between Sixty-seventh and 0f P ark8 ' etc Ninety-sixth streets. Bnt said squares or places shall he so laid out and established as not to change, alter, or interfere with the Fourth avenue improvement, or with the plans and openings es- tablished and carried out by the board of engineers of the Fourth avenue improvement. £ 0S4. The public park, or place, or square, known as Wash- i8ffl ^ ,^ " ington square or Washington parade ground, shall (except the ^™Xn - street or roadway through the same, running from Fifth avenue i™ rk on the north to South Fifth avenue on the south ) be used in per- petuity as one of the public parks, or squares, or places of said city, and shall be kept by the department of public parks in proper order, ornamented and protected, for the public use as a public park, and for no other use or purpose whatsoever. £ 8S.*>. The land at present occupied by the reservoirvm Fifth District im. Ch. 461 268 DUTIES OF DEPARTMENT OK PAKKS. iM 1 5?i»r? tb ayenue, between Fortieth and Forty-second streets, together oonpiiira with the adjacent land lying west thereof, known as Reservoir Land to be a square, shall be converted into a public park, which shall be laid public park. * 1 * out by, and hi; under the control and management of the park commissioners, and kept and maintained by them as one of the public parks and places in the city of New York. It shall not be used for military parades, drills, inspections or reviews of any kind, hut only for a public park or square, toprocct&with § ^80. The commissioners of the departments of public parks iiriimltTpoint are authorized and directed to proceed with the improvement, by inclosure and otherwise, of the public parks or places in the Twenty-third ward of the city of New York, shown on a map of the " Hunt's Point District," dated March twenty-third, eighteen hundred and seventy-eight, and filed by the commissioners of i he department of public parks in accordance with the provisions of chapter six hundred and four of the laws of eighteen hundred and seventy-four, and chapter four bundled and thirty-six of the laws of eighteen bundled and seventy-six, respectively, situated at the intersection of Third avenue with Boston avenue, and at the intersection of Franklin avenue with Fulton avenue, com cl »48 7 ' * 8 ' § No portion of Broadway, between Fifty-seventh street Broadwny. b<-- and the northerly line of Fifty-ninth street, shall be used for any tween fifty - spv.Titi. an. i other purpose than that of a public street or public place, nor Fifty-ninth . * ^ * . 1 1 ■ » street* shall any portion thereof be used as a carriage or hack stand. nor shall any stall, stand, or erection or incumbrance of any kind be permitted therein, but the same and every portion thereof within the limits aforesaid, shall be kept free and clear for the passage of the public, and, as respects its use, shall be under the exclusive control and management of the commis- sioners of the "Central park, who are authorized t5 make such rules and regulations respecting its use, not inconsistent with the provisions of this section, as they may deem proper. comp^a § 6SS. The determination of the lines of curb and other sur- Determinatioii face constructions in all the streets and avenues, within the curbs, etc. distance of three hundred and fifty feet fiom the outer bounda- vested in com- § uissieners. pies of any public park or place, which is now or hereafter may be under the control and management of the department of public parks, is vested in the said department; and the said department shall also have power to plant trees and to construct, erect, and establish seats, thinking fountains, statues, and works of art, whenever they may deem it for the public interest so to do, on the said parts of said public streets and avenues; and the said parts of said public streets and avenues shall at all times, after the same are opened, be subject to such rules and regula- tions in respect to the uses thereof and erections and projections Thereon as the said department may make therefor. Nothing in PARK KEEPERS. this section contained shall bo construed to authorize the said department to do any work in the matter of regulating, grading, paving, sewering, curbing, and guttering any of the streets or avenues herein mentioned, which the department of public works is authorized by law to do. £ 6S9. All moneys heretofore appropriated and granted, or cJjj^no ' **• that may hereafter be appropriated and granted to the said de- Moneys appro , . . , . printed up partnient of pubhc.parks, tor the improvement and maintenance pUcabieto of anj of .the public parks and places under their management Log on parks and control, shall be deemed and taken to be appropriated and granted for and applicable to the improvement and maintenance of the avenues and streets bordering and within the distance of three hundred and fifty feet from the outer boundaries of each of such parks and public places, so far as the work of such im- provement and maintenance is done by said department. ;j 690. The commissioners of public parks may organize and n'.M.p. 1 :-.?" 1, s " appoint a force to be known as keepers of the Central park, and cen^and 016 the several public parks, squares, and places in the city, to con- ho^aprototed sist of such number of men as the board may, from time to time, deem necessary to preserve order in the said Central park and in the several public parks, squares, and places ; which force shall be under the exclusive control and direction of said board, and may be, in whole or in part, discharged at pleasure ; each mem- ber of said force shall, by virtue of his appointment, be invested with the same powers, within the limits of said public parks, Tl),ir r°" rr - squares, and places, and that portion of the streets and avenues bounding the same as lie adjacent thereto, as if ho had been ap- pointed to a similar rank in the force of the police department of the city, and shall take an oath to be prescribed by said board, and may be allowed compensation by said board equal to that allowed to members of said police force. Whenever special temporary circumstances shall, in the judgment of said commissioners, re- quire an additional force for the preservation of order in any of the said public parks, squares, and places, the said board may appoint the same temporarily, as in their judgment the occasion may require ; and during such period said additional force shall have the same powers as the said keepers of the said Central park and the several city parks, squares, and places, and the said department shall have the full and exclusive power to govern, manage, and direct the said several public parks, squares, and places, and to pass ordinances for the regulation and government thereof ; and all persons offending against such ordinances shall be deemed guilty of a misdemeanor and be pun- ished, on conviction before the recorder or any magistrate of the city, by a fine not exceeding fifty dollars, and in default of pay- ment. !>*' imprisonment not exceeding thirty days. forei 270 BOTANICAL AND ZOOLOGICAL OAKDKNS. 1878, cb, W8, ji, lis aim-ndcd 1879, cb. 478, Couip. 101. lS(S.->, ch. 3C, ST, Comp, sol. Military en- cainpiiieiit.etc. In ( Vntral park forbidden, 1871, eh 306, 1809. ch.5«9, SSL ?. t'cinp. 517. Observatory In f'PDtral Park. I«61. cb. 310, SI. ( onip. 197. Botanical ami zoological garden. 18G:>, ch. 2G, S6. Comp. 504. Department to determine con dition of admission to gardens. 187G. ch. 139, |1, Comp. 518. Contract with American Museum, etc. 14. §2 ? 691. The department of public parks shall have exclusive authority to decide when and where any new lamps shall he put • and lighted in any parks or places under its control. ?' 692. No military encampment, parade, drill, review, or other military evolution or exercise, shall be held or performed on Central park, or any part thereof, except with the previous consent of the said board, nor shall any military company, regi* meat, or other military body, enter or move in military order within said park. No military officer shall have authority to order, direct, or hold any such parade, drill, review, or other evolutions or exercise, or encampment within said park, except in case of riot, insurrection, rebellion or war. It shall not be lawful to grant, use or occupy for the purposes of a public fair or exhibition any portion of said park. ^ 693. The department of public parks is hereby authorized to erect, establish, conduct, and maintain on the Central park, a meteorological and astronomical observatory, and a museum of natural history, and a gallery of art, and the buildings therefor, .and to provide the necessary instrument-;, furniture, and equip- ments for the same. § ti'.H. The said department shall have povger to establish and maintain on Manhattan square, or any other part of the Cen- tral park, a botanical and zoological garden, provided, however, that tin? said commissioners shall not fix or establish, or in any .manner change or alter the grade of the streets surrounding the said piece of ground known as Manhattan square, as now fixed and established by law. ^ 695. Admission to the zoological or botanical gardens shall be either free to the public or upon the payment of such sum as may be prescribed by said department; and all income from said gardens and from the sale of the surplus animals thereof, shall be applied to the expenses of the maintenance, govern- ment ann" support thereof, or of said park. Said department may agree for the management and maintenance of said gar- dens with any society heretofore incorporated by the legislature of the State for that purpose; but the above mentioned gardens shall always be under the control of said department. § 690. The department of public parks is hereby authorized and directed to continue the contract with the American Mu- seum of Natural History for the occupation by it of the buildings erected or to be erected on that portion of the Central park formerly known as Manhattan square, and establishing and maintaining therein its museum, library, and collections, and carrying out the objects and purposes of the said society. § 697. The department of public parks is hereby authorized and directed to continue the contract with the Metropolitan (ill'Ts TO DKI'AKTMKNT ol' 1'AHKS Museum of An I '< >r the occupat ion hv it of the buildings erected AhowitiiMei ritixjlitun or to be erected on that portion of the Central park east of the Hum rAn 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 Kighty-fifth street, and transferring thereto, and establishing and maintaining therein its museum, lihrary and collections, and carrying out the objects and purposes of the said museum of art. § 6'js. The department of public parks, with the concurrence parkcom of the board of estimate and apportionment, is authorized to "„\a^i!mi!i n> enlarge the building now erected upon that portion of the Cen- SSuaeumof ah tral park east of the old receiving reservoir, and now in the pos- l881 ' ^ m< * y session and occupation of the Metropolitan Museum of Art. The plans for said enlargement, and for the equipment of the same, shall be prepared by the trustees of the said Metropolitan Museum of Art, and approved by the board of commissioners of the department of public parks. Said plans. may include any alteration of the present building made necessary by the en largement, or found by experience to be desirable. § 699, The department of public parks are hereby authorized i8n.ch.748.si3, and empowered, in their discretion, on the application in writ- .Locations in ing of the board of tire commissioners, to grant to them loca- pScestM 'fire tions for apparatus houses of said de])artment in any of the pub- iwu"" tus lie places, parks, or squares in said city under their control, pro-, vided the same are so located and constructed as, in the judg- ment of the board granting such permission, will not disfigure or incumber the same, or interfere with the purposes of public use and recreation, but will tend to the protection of the public and their property. >> 700. Real and personal property may be.granted, devised, lflM1. None of the commissioners of public parks, nor any person, whether in the employ of said commissioners or other- wise, shall have the power to create any debt, obligation, claim or liability for or on account of said department, or the moneys or property under its control, except with express authority con- ferred at a meeting duly convened and held. Each commissioner shall be entitled to be reimbursed the amount of his personal expenses in visiting and superintending the said park, not ex- ceeding the sum of three bundled dollars per annum. §702. The said department may apply a sum not exceeding thirty thousand dollars per annum, out of the moneys provided for the maintenance of the parks, for the keeping, preservation, and exhibition of«the collections placed in the buildings referred to in sections six hundred and ninety-six and six hundred and ninety-seven of this act. ? To:;. If, at any time after the filing of the maps showing the laying out of streets, avenues, roads and public squares, and places, by the department of public parks, the owner or owners • of any plot of land bounded on all sides by streets, avenues or roads, and not laid out as and for a public square or place, shall desire to subdivide such plot and give public right of way into or through such plot, he, she, or they may do so, by submitting two maps, plans or surveys of such plot and of such proposed right of way, showing the width, which shall not be less than thirty feet, and the location, extent and direction of the same, and the proposed grade therefor, to the said department for its approval; and if the same shall be approved, and the owner or owners aforesaid shall immediately thereafter convey, in such form as shall be approved by said department, the title to the land required for such right of way, free and clear from all in- cumbrances, unto the mayor, aldermen and'commonalty of the city of New York, in trust, as and for a public street, road or avenue, the same shall from that time be and become an opened public street, road or avenue, the same as if it had been laid out and opened as other streets, roads or avenues are or ought to be: and the maps, plans or surveys thereof, and of the grades there- for, shall be certified by one of the officers of the said depart- ment, to be designated by the board for such purpose, one of said maps shall be filed in and remain of record in the office of DEPARTMENT OF STREET CLEANING 278 the commissioner of public works, and the other shall remain of record in the office <>f the department of public parks. • IHAPTER XIV. DEPARTMENT of STREET CLEANING. £ 704. The department of street cleaning shall have exclu- i88i,cb.a«7,ni t a sivo charge of the cleaning of streets, and the removal of ashes duty of oom- and garbage in the city. The commissioner of street cleaning shall have power and authority, and is hereby charged with the duty of causing the streets of said city, which shall include all the puhlic avenues, streets, lanes, alleys, places, wharves, piers and heads of slips therein, except such as are within any park under the control and management of the department of puhlic parks, to he thoroughly cleaned and kept clean at all times, and of removing from said city, or otherwise disposing of, as often as the public health and use of the streets may require, all street sweepings, ashes and garbage, and of removing new fallen snow from leading thoroughfares and such other streets and avenues as may be found practicable. In no case shall the amount expended by said commissioner exceed the amount appropriated for his said department by the board of estimate and apportionment. Said commissioner shall file with the Monthly state comptroller, monthly, a statement, under oath, showing the number and the names of all persons employed by him during the preceding month, and the amount paid to each of them and the particular kind of work in which each of them shall have been employed during such month. ;i 705. Said commissioner shall have power to engage and in Employee* his discretion discharge from time'to time all such clerks, labor- ers, and other employees, and to fix their compensation, as shall bo necessuy and proper in executing the duties hereby imposed upon him, and may make, and from time to time alter rules and regulations for their government. But the compensation and wages of such clerks, laborers, and other employees shall not exceed the current market rate paid for similar services in pri- vate business. The said commissioner shall also have power to M hire or purchase for his use as such commissioner, at current steamtugs, etc market prices, horses, carts, steam-tugs, scows, boats, vessels, machines, tools, and other property required for the economical and effectual performance of his said duty, or contract for the construction of any such tugs, scows, boats, vessels or machines, the title to which property so purchased shall be in the mayor, DEPARTMENT OF STREET CLEANING. Contract!) letting! of. etc. M. *». Slips in .1... I,-, to be set apart for use of de- portment. Leasing of piorn. etc, 1881, iii. 3or, Kmplovees to be uniformed. Itl. §0. Special con- tracts for col- lection of gar- bage, etc. aldermen . and commonalty of the cit y of New York. Ail such hiring*, or purchases or contracts, however, exceeding one thou- sand dollars in amount at any one hiring or purchase, shall !><• by contract let to the lowest bidder therefor, founded on sealed proposals or hids made in compliance with public notice adver tised in the City Keeord : such notice to he published at least ten days prior to the opening of such proposals or hid*. When- ever the said commissioner shall deem it necessary he shall, and he is hereby authorized so to do. sell at public auction any plant, material, horses, carts, scows, or other property used in any way in connection with the work of ( leaning the st n-ct s. The said commissioner is hereby authorized to hire or lease suit- able and sufficient offices for the transaction of the business under his ( barge, and also such stables and other buildings as may from time to time be necessary. ij 700. The department, bureau or city officer, authority or authorities, which shall from time to time have the manage- ment and contra) of the public docks, piers and slips of the city, shall designate and set apart for the use <>| said commissioner suitable and sufficient slips, piers, and berths iu slips, located as the said commissioner may require, and such as shall be con- venient and necessary for Ins use in executing the dnty hereby imposed upon him, excepting -lips, docks, and piers on the East river set apart for the use of canal boats. The said com- missioner may. with the approval, in writiug. of the board of estimate and apportionment, lease piers, slips Or wharves for the necessary purpose of the duties by this chapter conferred whenever suitable piers, slips or wharves owned by or under the control of the city cannot be obtained or are not get apart and designated as in this section provided. £ 707. In the work of street -weeping and cleaning, and in flie collection and removal of street sweepings, ashes and gar- bage, the men may be provided with some distinctive dress or portion thereof, or some badge designated by said commissioner, to be so worn that they shall be easily recognized as employees of the department. § 70S. Said commissioner may let out special contracts for periods not exceeding three years for the work of street sweep- ing and cleaning, or for the collection of ashes and garbage, or some part thereof, iu particular districts to be designated for that purpose by the said commissioner, and the terms and con- ditions of which contracts shall have been first approved by the board of estimate and apportionment : provided that such con- tracts shall in all cases provide for their termination on ten (Jays' notice by the commissioner, with the approval of the mayor, ■ DEPARTMENT OP STREET CLEANING. 275 ,^ 70ft. Saul commissioner shall have power to enter into con- 1,1 > 7 tracts with responsible persons and parties for the final disposi- final disposition lion, for periods not exceeding live years, of all or any part of the said street sweepings, ashes or garbage, when collected; provided always that such contracts shall be approved both as to terms and conditions by the board of estimate and apportion- ment. AJ1 contracts shall be entered into on behalf of the city by the commissioner with adequate security. lie shall adver- tise for proposals in such newspapers in the city as he may designate, not exceeding three in number, for ten days, toper- form the work in BUCD form and maimer and on such terms and conditions as he may prescribe. Such proposals may be for the performance of all or such part or portion of the work as he shall require. Each proposal must he accompanied by a certified check on a solvent banking incorporation in the city, payable to the order of the comptroller for live per cent, of the amount for which the work bid for is proposed in any one year to be performed. From .the proposals so received he may select the bid or bids, the acceptance of which will, in his judgment, best secure the efticient performance of the work, or he may reject any or all of said bids. On the acceptance of any bid by him, the checks of the unaccepted bidders shall be returned to them, and -upon the execution of the contract the check of the accepted bidder shall be returned to him. The sureties upon all contracts hereby authorized shall be approved by the com}) t roller, and all contracts and bonds securing the same shall be approved as to form by the counsel to the corporation. i Tin. The said commissioner of street cleaning, with the . °' Cremating approval of the mayor, may provide for cremating or burning « ar, *>s p street refuse or garbage, and may, through the commissioners of the sinking fund, lease or purchase land for the erection thereon of suitable crematories or furnaces. POWERS OF DEPARTMENT OF DOCKS. CHAPTER XV. Docks. Pikks. Haim'.dk, I'okt. and Watkks. v Title I.— The Department of Books. |?n. cbj574, |0, ^ 7u Xhe department of docks shall have exclusive charge ( oni|>. • • 1 ° Control of and control, subject in th" particulars hereinafter mentioned to BUp«, etc, the commissioners Of the sinking f uiid of said city, of all the wharf property belonging to the corporation of the city of New York, in* hiding all the wharves, piers, bulkheads, and struc- tures thereon, and waters adjacent thereto, and all the slips, basins, docks, water-fronts, land under water, and structures thereon, and the appurtenances, easements, uses, reversions, and rights belonging thereto, which are now owned or possessed by the said corporation, on to which said corporation is or may he- come entitled, or which said corporation may acquire under the Repairing, provisions hereof, or otherwise ; and said department shall have "np e e"£ e * n exclusive charge and control of the repairing, building, rebuild iug, maintaining, altering, strengthening, leasing, and protect- ing said property, and every part thereof, and of all the cleaning. Regulation m>,i (hedging, and deepening nec< ssarv in and about the same. Said " < department is also hereby invested with the exclusive govern- ment and regulation of all wharves, piers, bulkheads, and struc- tures thereon, and waters adjacent thereto, and all the basins, s,lips and docks, with the land under water in said city not owned by said corporation. Said board shall not have power to change the exterior line of piers and bulkheads, as established by law. • , m ua >? 712. The plan or plans for the whole or any part of the i«i, ch. 874, {6, water front of said city determined upon by the department of 1872^^738, si. docks, adopted and certified to by the commissioners of the sink- ing fund and filed in the office of the department of docks in accordance with the provisions of the third subdivision of section ninety-nine of chapter one hundred and thirty-seven of the laws of eighteen hundred and seventy, as amended by section six of chapter five hundred and seventy-four of the laws of eighteen r.ffect of fiKng. hundred and sevent}'-one, shall continue to be the sole plan or plans, according to which any wharf, pier, bulkhead, basin, dock, or slip, oi\ any wharf, structure, or superstructure, shall be laid out or constructed within the territory or district em- braced in and specified upon such plan or plans, and be the sole WoUK ON WATKK Fl.'oNT. 377 plan or plans and authority for sol id filling in (he waters surround- ing- said city and for extending piers into said waters and erecting bulkheads around said city; and all other] provisions Ot law regulating solid tilling and pier and bulkhead fines in said waters enacted prior to April eighteenth, eighteen hundred and seventy- one, are to he deemed to he repealed whenever said plan or plans is or are inconsistent with such provisions of law. Nb wharf. S^JtobeSuiii pier, bulkhead, basin, dock, slip, or any wharf, structure, or sup- u^n^'m, 1 ''' " erstructure shall be laid out, built, or rebuilt withiif such terri- tory or district, except in accordance with such plan or plans; pro- vided, that the said department 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. 7lo. The commissioners of the department of docks are di- [j^g***^ rected to cause to he made the necessary surveys, soundings, and other examination of the water front of all that part of "West- chester county recently annexed to said city, from the easterly terminus of said water front at the mouth of theBronx river, as already determined, and thence following the East river bank and the Harlem river, Spuyten Duyvil creek, and Hudson river to the northern terminus of said water front on the Hudson river as already determined, and to ascertain the capacities and requirements of said water front for adaptation to eommer-' cial uses, in like manner as the said board has already caused to be surveyed and examined the previously recorded waterfront of said city. § 714. In executing the plan or plans mentioned in section tm, eh.5N, ge, seven hundred and twelve, the' department of docks shall pro- eoTs'ruction of ceed, according to said plan or plans, to lay out, establish, and basinsfshps. construct wharves, piers, bulkheads, basins, docks or slips in the e ' territory or district embraced in such plan or plans, and in and upon or about the property owned by the mayor, aldermen and commonalty of the city of New York, without interfering with the property or rights of any other person, except so far as may be necessary to insure the safety and stability of the wharves, piers, bulkheads, basins or slips so*to be constructed. And said department may commence and cany 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 work,how „ , performed. of such construction under said plan or plans, unless ordered to be otherwise performed by the affirmative votes of all the mem- bers of the board, shall be performed as follows: The said board 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 278 CHARGES KOR W HARFAGE. shall bo signed by tho bidders for said work and be n-nt to said board within the time specified in snob advertisement, accompa- nied by a bond of the form set forth in said specifications, duly executed. The said board shall open said proposals on a day to be specified in such advertisement, and shall examine tbem, and shall award the contract for said work to the lowest responsible bidder complying witb suc h plan or plans and specifications: such w«cutec?aad* contract shall be executed by the said board on behalf of the what to eon mayor, aldermen, and commonalty of the city of New York, and shall always contain provisions as to the time of commenc- ing and completing said work, and for the retention of at least one-fourth of the contract price until the completion of the said work, as security for its performance and for tlx.* forfeiture of said contract for non- performance of the terms thereof. Said board may, upon the forfeiture of any such contract, proceed to complete the work thereunder without contractor may read - vertise 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 shall be approved and accepted by said board, comp"'^^' § l ne department of docks i- authorized to acquire, in lMivhAs.- .»r the name and for the benefit of the corporation of the city of wharf property 1 J rorcity. }s e w York, any and all wharf property in said city to which the corporation of the city of New York then has ho right or title, and any rights, terms, easements, and privileges pertaining to any wharf property in said city and not owned "by said corpora - t ion ; and said department may acquire the same either by pur- chase or by process of law, as herein provided. Said depart- ment may agree with the ownei-s of any such property, rights, tferms, easements, or privileges, upon a price for the same, and coinniwsioners shall certify such agreement to the commissioners of the sinking u> appi-ow- fund, and if said commissioners approve of such agreement. agreement. , * * " said department shall take from such owners, at such price, the necessary conveyances and covenants for vesting said property, rights, terms, easements, or privileges in, and assuring the same to, the mayor, aldermen, and commonalty of the city of New York forever, and said owner shall be paid such price from the rioceedinjfs to city treasury, as hereinafter provided. If the said department sionofwharf shall deem it proper that the said corporation should acquire pos- session of any such wharf property, rights, terms, easements, or privileges for which no price can be agreed upon between the owners thereof and the said department, the said department may direct the counsel to the corporation of said city to take legal procee dings to acquire the same for the mayor, aldermen, and commonalty of said city, and the said counsel to the coi*po- property, etc. < UAWiKS KOH W'HAKFACJK ration shall take the same proceedings t«> acquire the same as are by law provided for the taking of private property in said city for public streets or places, and the provisions of law relal ing to the taking of private property for pnhlic streets OT places in said citv are hereby made applicable, as far as may he neces- sary, to the acquiring of the said property, rights, terms, ease- ments, and privileges, and said department is also empowered to acquire in like manner the title to such lands under water and uplands as shall seem to said department necessary to he taken for the improvement of the water front. § Tit;. When any of the wharves, piers, hulkheads, slips, ulmeudtk* docks and basins constructed under the provisions of this title .,: relating thereto shall be open to the public use. the department ^™4t^T' of docks shall subject to the provisions of law regulate the J'^Jf^g. u charges for wharfage and dockage of all vessels admitted : " ! N thereto, and nuiv alter such charges from time to time as the Rates for canal » •> " i boats. public trade may authorize and the said department deem proper ; provided that the rates of wharfage on boats navigat- ing the canals of the State shall not be increased beyond the rates in force on April eighteenth, eighteen hundred and sev- enty-one, except as hereinafter specifically provided, and no re- striction of the amount of wharf and slip room occupied by them shall be made ; and said department may appropriate any of such wharves, piers, bulkheads, basins, or slips and such wharves mav private wharves and piers as the owners thereof mav apply to special kinds of have so designated or appropriated to the sole use ot special kinds of commerce or of steamboats, or of any other class or description of ships or vessels, and may restrain and prohibit any ship, steamboat, or any other vessel or water-craft what- isao, ch. ass, si ever, from coming into, or lying, mooring, or anchoring at or p ' 1 751 within any wharf, pier, or slip of th'e said city, except such as may he so designated *f or their use respectively. Said depart- ment may, in the name and for the benefit of the corporation of said city, lease any or all of such property for a term not ex- ceeding ten years, and covenant for renewal or renewals, at ad- vanced rents, of such leases for terms of ten years each, but not exceeding in the aggregate fifty years. All leases other than Letwi. how for districts appropriated by said department to special commer- "'Vy S u P .«. cial interests shall be made at public auction to the highest bid- der. All leases made by said department shall contain cove- nants on the part of the lessees to make all needful repairs upon or about the property leased, and to maintain and keep in good condition the property leased during the term of the lease, under the penalty of forfeiture of such lease and damages ; provided, that the said department may, in its discretion, make leases con- taining covenants that the lessees shall keep in good order and L'SO Ol TJCKliS OK DOCK DKI'AUT.MKNT. Itn, oh. :>74, );«, Comp. 781. luiifs for gov- ernment and earn of prop- erty. TO fix penalties for violation thereof. llow recovered Rents, fines, etc., how dis- posed of. 1871, eh. 574, §0, Comp. 732. Appointment of secretary, agents, clerks, etc. Annual expenses. President elected annually. repair, at their own expense, the planking, string pieces, and mooring-piles of said wharves, piers, and bulkheads, reserving to said department of docks the rebuilding and renewing of the under -st ructures thereof. § 717. The department 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 title relating thereto, and shall furnish a copy of such rules and regulations to all the owners and occu- pants of such property, and shall make all needful orders and adopt all resolutions necessary to carry the provisions of this title relating thereto into effect, and fix penalties for disobeying such rules, regulations or orders, and shall publish such orders. The violation of or disobedience to any rule, regulation, or Order of said department shall be a misdemeanor, punishable by a fine not exceeding five hundred dollars, or by imprisonment not ex- ceeding thirty days, or by both such fine and imprisonment, on complaint of said department. The penalties aforesaid may be recovered by suit in the name of the mayor, aldermen, and com- monalty of the city of New York, and such suit shall be prose cuted by the counsel to the said corporation when directed by the board; 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 other money collected by said department or by its direction, shall belong to the treasury of said city, and be paid into the sinking fund for the redemption of the city debt. Said board shall hold stated meetings, to be specified in by daws, which said board shall prepare and may alter from time to time. 4 § 718. The said department shall have power to furnish and supply offices provided in" accordance with law for the transac- tion of the business of the department. -The board of dock com- missioners shall appoint a secretary and such subordinate offi- cers, clerks, and agents, as shall be necessary to assist said board in the performance of its duties and the exercise of its powers, and may fix the compensation of all persons so ap- pointed; but the annual expenses of said department, for rent, furniture, supplies, and compensation of secretary and subordi- nate officers, clerks, and agents, shall not exceed in the aggre- gate the sum of one hundred thousand dollars. The president of said board 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 mavor of the citv. When any member of said ANN L AI. KEl'OKT. 281 State. board shall cease to reside in the city of Sew York his office as a member of said hoard shall become vacant. § 719i The department of docks^ shall annually present to lan.eh.sfy.ts, I he mayor of said city a report containing: 1. The name, occn- to mayorfwhai pation. and compensation of all persons appointed and employed by said department. A statement of the action of the hoard for the past year, classified with reference to the various sub- jects ami duties which have engaged the attention of the hoard. A list of the orders and rules made by said board, and a de- scription of the contracts made by said department, the pay- ments made by said department, and the purposes and amounts thereof, and the leases made by said department, for what term, at what rent, to whom, and for what property. § 7-J'». The commissioners of the land office are hereby author- ized to convey by proper instruments, in writ ing, necessary for '"' the purpose, all the property, right, title, and interest of the peo- JStwowoedbi pie of the State of New York jn and to the land under water used and taken by the said department for the construction of wharves, docks, piers, bulkheads, basins and slips under this title, whenever said commissioners may be required by said de- partment to make such conveyance to the mayor, aldermen and commonalty of the city of New York. § 721. It shall be lawful for the department of docks to order Jg5> ' 11 >' and direct that the water near and adjoining any private wharf, wwernwy be pier, dock, bulkhead, or land within the limits of the said city, be deepened by excavating or removing the earth, mud, dirt, or • Band therefrom, and to cause the same to be done in such places and at such times as the said department may deem necessary and proper. £ 722. In all cases where the mayor, aldermen and common- isi8,< w alty shall think it for the public good to enlarge any of the slips Oomp. ism in the said city, they shall be at liberty and have full power so may^Sa^" to do, and upon paytbg one-third of the expense of building the imY.«i, necessary piers and bridges, shall be entitled not only to the slip- i a " S.s6j age of that side of the said piers which shall be adjacent to such slips respectively, but also to one-half of the wharfage to arise from the outermost end of the said piers. § 1-2'">. The provisions of this title relating to the department im,cb . .->: i. of docks, its powers and duties, shall not affect the powers of ^"not'to ' the captain of the port and harbor masters of the port of New York. or those of the port wardens of the port of New York, as V 1 ;ho« k -i the same are defined by law. provided that the department of t f. N ' Y Su| ' ' » r r Right to re- docks may remove or direct the removal of any vessel, raft or ™ J* a^ % , float from anyplace where the same shall be moored or anchored, whenever they shall deem such removal necessary for the con- 282 MEANING 0F " WHABF PROPERTY.!' i.'K . IhTO, ch. 505, 14, Corap. 'MS. 1870,0b. 169, $4, i iimp. :H!l 1879. ch. 808, § I I "onip. :J30. 1822, Ch. 101, Comp. 1 l'J5. Markets may lie erected. Proviso. 1881, eh. 447, $1. Department of 'locks to furnish loca- tion for bath. 1SS1, ch. 3U7, H .Slips in docks to be s«t apart* for use of de- partment of street cleaning. yeniejal prosecution of any work undertaken and being done by them. § 724. The terms '•property" and "wharf pioperty," when- ever used in this title, shall be taken to mean not only all wharves, piers, docks, bulkheads, slips, and basins, hut the land beneath the same, and all rights, privileges, and easements thereto. § 725. The department of docks shall, upon the requisition of the department; of public works, furnish free of charge, in the vicinity of such location as shall be designated by the depart- ment of public works, accessible, convenient, and safe berths for mooring the free floating baths, authorized by law, of which one shajl be at Seventeenth street and East river. § 72C. It shall be lawful for the mayor, aldermen, and com- monalty, in case they 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 their docks or wharves; pro- vided, that such markets shall not interfere with the flow of the waters of the said rivers, nor be built beyond the pier or bulk- head line established by law. § 727. The department of docks shall, upon the requisition of the department of public works, furnish free of charge a suitable location in the Fifth ward whereat a public floating bath shall be permanently maintained and located, except when . in winter quarters, and which location shall afford an accessible, con- venient, and safe berth for mooring the said floating bath. § 72S. The department, bureau or city officer, authority or authorities, which shall from time to time have the manage- ment and control of the public docks, piers and slips of the city, shall designate and set apart for the use of the commissioner of street cleaning, suitable and sufficient slips, piers, and berths in slips, located as the said commissioner may require, and such as shall be convenient and necessary for his #se in executing the duty imposed upon him, excepting slips, docks, and piers on the East river set apart for the use of canal boats. BULKHE \l> \M> PIBH LINK Title 2. -The Harbor and Waters. $ ;•_>;•. Nogranteof land under water shall be made by the l^;;^ * common council of tlio city of New Yotk, or by any officer, OrantaofUuid beard, or department thereof , beyond the exterior lines of the jr 1 ^!.,, city, ae fixed by an act of the legislature passed April seven- «w,c ■ teenth, eighteen hundred and fifty-seven, entitled "an act to es- tablish bulkhead and pier lines for the port of New York*' a< amended hy subse2. It shall not be lawful for any person to build, erect, ^eolilp' k> . nr maintain any pier, bulkhead, or other structure, or to fill in piers and other structurps with earth or other material, in the waters of the harbor of New --r.-.-ti..,, of, / beyond ext<-- York, beyond the exterior line defined and recommended by the h^L} taepro " commissioners for the preservation of the harbor of New York, and established in and by chapter seven hundred and sixty- three of the session laws of eighteen hundred and fifty-seven and the amendments thereof; and in case of the building or erection of any such pier, bulkhead, or other structure, whether now existing or hereafter erected, the board of commissioners of pilots shall notify the person or persons building, erecting, or £ < n ^ } t0 maintaining the same, to remove the same within a time to be prescribed and specified in their notice; and in cases of failure to comply with such notice, the said board of commissioners of R*«novaiby • • - • * commissioner* pilots shall have power to cause so much of such pier, bulkhead, of pilots, or structure, as is beyond the exterior line so defined and estab- Ssn! y'.h.' lished, to be forthwith removed, and the person or persons who iHun,io5. ' built or maintained the same shall be liable to pay all expenses of such removal, to be recoverable by and in the name of the board of commissioners of pilots, and shall also pay a fine of twenty-five dollars a day for each and every day during which IIAUBOK OBSTRUCTIONS, ihseritiei nets of the legislature not affected* 1M6H, eh. ISO, as amended 1S72, oh. 4K7, |1, Comp. im*. Proprietors of ihikI under rater may erect piers. eto. 1870, eh.188, Hi, t, C'onip. 1551. Time for Im- proving land* I'HtclKlHll. I860, eh. 688, $1. fomp. 156C. Port and har- bor of New- York to be kept clear of ob- st ructions. 73 N. Y. 303: GS X. Y. 71; 7 Hun, 105; 5 Rob. 285, 360; 20 N. T.S87. such obstruction shall remain after such notice, and until such pier, bulkhead, or other encroachments shall have been re- moved, as herein provided. This section shall not apply to piers or bulkheads built before the establishment of said exterior line. Nothing in this section contained shall apply to or affect any act of the legislature in relation to the bulkhead or pier lines of the harbor of New York, passed subsequently to April twenty- seventh, eighteen bundled and sixty. 7:».">. It shall be lawful for the proprietors of grants of. land under water in the Harlem river, between the termination of the Third avenue and the East rivet, instead of building an exterior continuous bulkhead, as laid out by the harbor commissioners, to erect piers and wharves therein, and to excavate the slips be- tween the same; but in no case shall any such pier or wharf be extended into the river further than the said exterior line, as fixed by tin; said harbor commissioners. ?: 7te. 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 issued by the people of the State of New Fork 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 ad- jacent upland on the easterly shore of the Harlem river, is ex- tended until t wo years after the time when plans for the improve- ment of said river shall have been or shall be completed by the proper authorities, and copies of such plans filed, one in the office of the register of the city and county of New York, and one in the office of the secretary of State at Albany. § 735. It shall not be lawful to obstruct or interrupt the navi- gation of the»waters of the port and harbor of New York by any incumbrance whatever; and in case of any such obstruction or interruption by reason of any sunken vessel or other thing, the board of commissioners of pilots shall notify the owner or owners of such vessel or thing, if such owner or owners are within the city and county of Netv York, and are known to them, to re- move the same within three days after such notice; and in case such owner or owners are not known to the said board of com- missioners of pilots, or are not within the said city and county of New York, or fail to comply with such notice, the said board of commissioners of pilots shall cause the said obstruction to be re- moved, and the expenses of such removal shall be paid by the county within whose jurisdiction such vessel or thing shall be, and shall be recoverable from the owner or owners of such vessel or thing, by and in the name of the mayor, aldermen, and commonalty. Such expenses shall also be a lien on the vessel or thing so removed until paid. HARBOR OB8TRU1 l IOXS. $ 730. it shall not he lawful exec pt in cases now provided by ^\ 7 -'' h -,^,.'.» 1:1 - law, for any person tt» erect or drive in the soil under water in Fidi poiet the liarbor of New York, any poles for the purpose- of fishing, where the water is of greater depth than six feet at mean low tide, under the penalty of live dollars foi each pole erected or driven contrary to the provisions of this section ; and it shall he the duty of the board of commissioners of pilots to cause the same to be removed. $ 737. No person shall.fish with seines or any sort of nets, or iW5.ch.ai.Mi, ■ ' ' * J ' a, Comp. ICO). set draws, or raise any seme or net in any part of the channel i'n,i,ii,ui,,.i of the Hudson river north of Castle Garden in the city of New '" 1 York, between the hours of six o'clock in the evening and six o'clock in the morning. Every person who shall violate any provision of this section shall he guilty of a misdemeanor, and Pewit* shall be punished, on conviction, by imprisonment in a county jail not less than thirty days, or by a fine not less than twenty- five dollars, in the discretion of the court. § 73$. No person shall set or place, or cause to be set or ias.ch.ao, placed, during the months of March. April, or May in any year comp/ilo*! in any of the waters of this State at or below the city of New 2JdK?New York, any fike-net, gill-net, hoop-net, set-net. or any other net York or weir, by means of any hedge, stake, stone, post, pole,, anchor or any other fixture to extend into the channel of said waters, or to any greater distance from the shore, in any case, than twenty rods from the ordinary low water mark. "Whoever shall violate the provisions of this section shall, for every offense, forfeit the sum of one hundred and fifty dollars for the list of the poor of the county in which such offense shall be committed, to be sued for in the name of the people by the district attorney of any county bordering on the waters on which the offense shall have been committed, to whom notice shall first be given of the com- mission of such offense: | 739. It shall not be lawful for any person to set or use, for the purpose of taking or capturing fish, a like or set-net, or other SSamend net, in the waters of the Harlem river, or of the East river, or < 1 ? 7 m p h i$^; the adjacent waters, or of the confluent brooks within five miles, Tak-in- of Bah . 'm Harlem river in any direction from the Middle (i ate, so-called, in said East nnd other . - waters. river, or m any of the adjacent waters or confluent brooks of the main shore and located between the said Middle Gate and Fort Schuyler so far as the same are within the county of New York. Any person violating the provisions of this section shall be deemed guilty of a misdemeanor, and shall, on conviction, be subject to a fine of not less than twenty-five dollars or more than one hundred dollars, or imprisonment for not less than ten days or more than thirtv davs. 1872, ch."486, l'enallv. fl IRBOH OBSTRUCTION'S. isru. ch. 3io, si, Comp.l600,lWl. Dumping iii river prohibit ed. I880,ch. aor.feio. Snow and ice may he-Mumped from ends "f piers .t 1870, ch. 870, BIS, a, Comp, 1000, 1001. Penalty. Further pen alty. 187ti, eh. 37ti, §4. Comp. 1601, as amended 1880, ch. 315, §1. Act not to ap- ply to filling in of land under water granted >>v State, etc. § 740. It shall ho unlawful fur any person or persons, by means of any boats, scows, or vessels, or in any other manner whatever, to cast, throw, dump, or deposit any mud, earth, soil, ashes, refuse, stone, rock, or other solid substance or materials, into the wat'Ts of the North <>r Hudson river within the city of New York, or to place, construct, or build any contrivance, sub- stance, or thing whatever, within said waters, which shall or may operate in any manner whatever to lessen or decrease the depth of such waters, or in any manner whatever interfere with navigation therein, or imperil or jeopardize the free and safe navigation thereof, or tend in any manner thereto. § 741. It shall be lawful for the commissioner of street clean- ing to cause to be dumped, or authorize to be dumped, snow and ice from the ends, or near the ends, of any piers, into the waters of the East and^North or Hudson rivers. But no dead animals, carrion, street sweepings,' garbage, or any putrid, offensive, decaying, or refuse vegetable or animal matter shall bo deposited in violation of sections seven hundred and forty -iiine. and seven hundred and fifty. •! 74'J. Any person designedly doing any act forbidden by the provisions of the last section but one shall be deemed guilty of a misdemeanor and liable to imprisonment for a term of not more than sixty days, or to a fine of not more than one hundred dol- lars, or both, in the discretion of the court, for each and every offense, and may be arrested by the authorities of said county. The courts in said county shall have power and jurisdiction to try such offender or offenders. Any marshal, policeman, sheriff, under or deputy sheriff, or alderman of the city, finding or seeing and person or persons offending against the provisions of the said section may and it is hereby declared to be his duty to arrest, without warrant, such person or persons so offending, and them to take before the nearest magistrate to be dealt with for such offense according to law. Any person offending against the provisions of the said section shall also forfeit and pay a penalty of fifty dollars for each offense, to be recovered by suit or action at law in any court having jurisdiction. Such action may be brought in the name of the mayor, aldermen, aud commonalty, and the sum of money recovered in such action shall be for the benefit of the poor of said county. § 7 43. The sections seven hundred and forty and seven hundred and forty -two shall not apply to the depositing of substances upon the building of wharves or piers upon, or the filling in of land under water, granted by the people of the State of New York to any person or persons, provided a permanent and substantial bulkhead be first properly and securely built, inclosing the whole area of any such pier or wharf proposed to be so built or constructed ; nor shall such II \KIH)K Olis'l Kt I TI0N8. •J 8 7 sections applj t<» the sweeping, washing, or i-li-uiiin^ ; from tho ; ;;; 1',',' decks of the canal boats, freight, passenger, or pleasure boats, - f 01 vessels, of such dirt only as collects naturally thereon from the use thereof by human beings using the same for transpor- tation Or pleasure, DOT the hauling of lire from the furnace 3fi££g a ta " grate of any steamboat having staterooms above the main deck, >'""• provided no coal or ashes shall be dumped from the ash-bOX of said steamboats; nor to the setting of shad-poles in the shad season, nor to the use of any other devices or contrivances for the purpose of fishing in am- season of the year, but no such * „ , . • , . ' « _ , , iiii n it. Nor lo HcttiiiK setting of shad*poles or devices tor fishing shall be allowed be- otahod-poi« low the northerly line established by the harbor commissioners of the city of New York ; nor shall said section apply to throw- ing overboard the refuse and waste matter which ordinarily ac- malti-r on cumulates in and about canal boats engaged in the transporta- °* tion of goods and merchandise. But this section shall not be construed to authorize the throwing in said water of food, or any contrivance or device in which food may be kept, carried, or preserved. § f 44. In case any mud-scow from which mud, earth, soil, comp.iew. ashes, refuse, stone, rock, or other solid substance shall be cast, thrown, dumped, or deposited as specified in section seven nun- BC0W8, dred and forty, shall be towed by a steamboat or tug to the point at which such substance shall be thrown, dropped, cast, dumped, or deposited, the master of such steamboat or tug, and the contractor using the same, shall be jointly and severally liable to a penalty of two hundred dollars for each and every such offense, recoverable in an action by said mayor, aldermen, and commonalty, in any court having jurisdiction of an action for penalties not exceeding two hundred dollars, for the benefit of tho poor of said county. § 745. Any person who shall accept any money or other compromising valuable thing by way of compromise for the violation of any aememo* of the provisions of sections seven hundred and forty or seven hundred and forty-four, without the approval of the court, shall be deemed guilty of a misdemeanor. § 74G. It shall not be lawful to throw, or cause to be thrown as amended' ' into the waters of the port of New York, within the city and ists! chins, si; county of New York, or at any point opposite to or adjacent to cinders or the shores of the city and county of New York, on the Hudson ^ro\vn°nto° liver, or beLow Throg's Point, on the East river, nor in the bay of^rvS*/ inside of Sandy Hook, any cinders or ashes from any steamboat, dS^m?' ' under the penalty of one hundred dollars for each and every Penalty, offense, recoverable by the board of commissioners of pilots, and for such penalty the steamboat from which such cinders or ashes were thrown, its master and owner shall be liable; and such offence is hereby made a misdemeanor, and every person HARBOB OBSTBUi TIONS. Kxaminatioiiof steamboats. Mr;,, eh. 148, S : ' Comp. 1608. Scows to re- ceive !lslli~ uarbapp, etc., from steam vessels 1857, oh. 671,17, amended 1878, eh. 411, Jl. Comp. 1590. Mud. sand. etc.. how disposed of. Penalty. 1881, eh. 310. S§1 a, 3, 4. Street sweep- ings.etc, not to be dumped in waters of port of New York, etc. committing Mich offense may, upon being found guilty thereof, be punished therefor by a fine not exceeding one hundred dot lars, or by- imprisonment for sixty days, or by both, at the dis- cretion of the court, upon the complaint of said commissioners, their agent, or any other person; and any steamboat having any pipe or opening so constructed below the water-line as to admit of putting ashes or cinders through the same into the water, shall be liable to a fine of fifty dollars for each and every day such pipe or opening shall exist, to be recoverable by the said commissioners in an action against the owners of such steam- boat. Tl uhall be lawful for either of said commissioners of pilots, or the agent of said board of commissioners of pilots, at any time in the day time, to go on board of and examine any steamboat in the harbor of New York, for the purpose of ascer- taining whether any such pipe or opening exists on such steam- boats. § 717. The various scows employed by the city of New York, or by the contractors, for removing the ashes, garbage, and refuse of said city, while moored at the various dumping-boards of said city, are hereby designated and required to receive directly any and all ashes, garbage, or rubbish from any steam tug or steam vessel in the harbor- of New York,- and in addition to the foregoing provisions, two or more scows shall be located at one or more of the said dumping-hoards on the East and North rivers respectively, or at such other points as the commissioners of pilots may direct, for the special use of boats and vessels wishing to discharge ashes, garbage, or rubbish; and the ashes, garbage, and rubbish received by all the said scows shall be disposed of as part of the refuse of and at the expense of the said city. .i 74S. AYhen any slip, basin, or shoal in the port of New York shall be dredged or excavated, it shall be the duty of the person or persons causing the same to be dredged, to cause the sand, mud or other materials so dredged, to be towed to sea at a point at least three miles outside of Sandy Hook, or deposited at some place above high-water mark, or to be deposited behind a bulkhead for filling, and any person willfully violating the pro- visions of this section shall forfeit and pay to the board of com- missioners of pilots the sum of five dollars for every cubic yard removed, not so disposed of, one-half of which shall be retained by the commissioner's. § 749. No street sweeping, dredging from slip or other places, earth, dirt, stone ballast from vessels, ashes, swill, garbage, dead animals or portions thereof, decayed or other vegetables or . fruits, bedding or refuse, or rubbish of any kind, or any articles, shall be dumped or deposited in the waters of the port of New York, or in the rivers or waters adjoining the city of New York, IIAHIIOK OI!STHl'(TIONS. or in thf waters of Now York harbor, or New York bay, or in the Hudson river, (lie Kast river, Long Island sound, and waters adjacent thereto west of the middle ground shoal, or in the navigable waters lying between the said sound and the East river, nor in the waters bounding or adjoining the port or har- bor of New York, or the upper bay; nor shall am article or sui.M.m. . , ' 11 * ' J (ImieiToiiH to thing that is liable to convev disease, oris putrid, unwholeso , i»-uiiii n.u to i..- noxious, or dangerous to tbo public health, or dangerous to navigation, be cast, thrown, placed, deposited, or suffered or permitted to become in said waters, or placed or suffered to bo placed where said water would ordinarily or naturally rise upon, take or receive them, excepting, however, the ordinary discharge of sewers constructed under the authority of the laws of the State within which they are located. The above provisions shall apply to lands under the waters as well as to the latter. This construction of section shall not apply to the erection or construction of any P ier ». etc - pier, dock, bulkhead, or the making, by filling in, in a proper manner, of any land, in case where the erection of such piers, docks or bulkheads, or making, by filling in, of land is now authorized by the laws of the State. The prohibition to dump solid material in said port, harbor, or rivers, or to make and con- struct works to change and improve channels shall not apply to works undertaken by the government of the United States in the port and harbor of the city of New York, or authorized by the laws of the State of New York. The violation of any of the violation of provisions of this section shall be deemed a misdemeanor, and misdemeanor, the person so violating the same shall, upon conviction, be pun- ished by the infliction of a fine of not less than fifty, or more than one thousand, dollars for each olTense, or by imprisonment as is now provided in the case of misdemeanors, or both. Any Pilots - JJ5" ' - may mak>- pilot, shore inspector, harbor master or port warden of the port ftrrests - of New York, the police of the cities of New York and Brooklyn, or any city marshal or constable within the said district, and upon the waters mentioned in this section, shall have power to arrest all persons and to deliver into custody any person or per- sons taken in the act of violating any of the provisions of this section. 75o. It shall not be lawful for any person or persons to sail, wso, ch. #3, ss. navigate, or move, or to aid, direct, or assist in sailing, navigat- Bananjtboat containing anv ing, or moving, or to be eniplo}'ed upon, or to accompanv any u>a, ch. aoi. i Comp. 603. Refute from BBS works. I Iffelldrr* guilty of n misdemeanor. 1880. ch. 461, i0. As to refuse matter from streets. lrCo, ch. 604, Conip. 1598. Misdemeanor and punish- iiH'iit thereof. What court.s have jurisdic- tion. thereof, into the oeeau or sea, or in any portion of the waters mentioned in the last preceding section, w ithout a permit, in writing, first ohtained therefor from the inspector appointed or to be appointed under chapter six hundred and four of the laws of eighteen hundred and seventy-five, and the amendments thereof, who shall have the power of granting such permits from time to time as he shall deem proper, and which shall not be inconsistent with the last preceding section, and having such regard to the course and condition of the then existing winds and tides as in his judgment shall best tend to prevent the sub- sequent return or deposit of any such contents of said boat or vessel within the waters of this State, if cast upon the waters beyond the jurisdiction thereof. ^ T.">1. It shall not be lawful for the manufacturers of gas,nor for any other person, to throw or deposit any gas-tar or refuse of the gas-houses or factories in the county of New York, into any public waters, river, or stream, nor into any sewer or stream running or emptying into any such public waters, river or stream; and whoever shall offend against the provisions of this section shall be deemed guilty of a misdemeanor. ' § 752. It shall not be lawful for any person or persons to sail, navigate, or move, or to aid, direct, or assist in sailing, navigat- ing, or moving, or to be employed upon or to accompany any boat or vessel engaged in the transportation of any dead animal, carrion, offal, or any putrid, offensive refuse, decaying or de- cayed vegetable or animal matter, or any garbage or sweepings taken from the streets of any city, upon the waters referred to in the last section but one, unless the same be propelled or moved by steam power; and it shall not be lawful for any steam vessel to tow or carry any of the articles mentioned in this section, unless its name be plainly painted on each side. § 753. Any person offending against the provisions of sections seven hundred and fifty and seven hundred and fifty-two shall be' deemed guilty of a misdemeanor, and liable to imprisonment for a term of not less than six months and to a fine of not less than five hundred dollars, in the discretion of the court, for each and every offense, and may be arrested by the authorities of either of the counties of New York, Kings, Queens, "Westchester or Richmond. The courts in said counties respectively shall have power and jurisdiction to try said offenders, whether the offense be committed within their respective counties or not. Out of any moneys received for fines, such sum or sums shall be allowed and paid for the expenses and disbursements attending the ar- rest, as the court or magistrate may deem reasonable and proper. LIGHTS ON VESSE1 8. 201 5$ 7M. Consent lias hcen given and the United States is authorized to lav and use water and gas pipes and telegraph lines under Buttermilk channel, from the city of Brooklyn to Gov- ernor's Island in New York harbor. Any pei-son who shall will- ^T^Jjury • fully do, or cause to he done, any act or acts whereby any of etc - said gas or water pipes, or telegraph lines, or the materials thereof or any matter or thing appertaining to the same, shall he stopped, ohstrncted, impaired, weakened, injured or destroyed, shall, on conviction thereof, he di emed guilty of a misdemeanor, and he punished by a fine not exceeding five hundred dollars, or imprisonment in the county jail not exceeding one year, or both; at the discretion of the court before which the conviction shall he had. Any master or other person in charge or command Anrimnmeof J vessels, or pine- of any ship, boat, or vessel, who shall, after notice, come to n$ s d ™** or anchor over said lines or pipes, or in the neighhorhood thereof, and therein' injure or molest them, or shall not quit such anchorage on notice, or shall knowingly place any drag or net over said pipes or dines, so as to interfere with them, shall he deemed guilty of a misdemeanor, and punished as herein provided. Such j^' * oMoC!l " notice of the general location of said pipes and lines may be either oral or by a sign conspicuously placed, either at the Brooklyn or Governor's Island termination of said pipes and lines. £ 7.V>. Whenever any vessel navigating that part of the Hnd- t'm© VsisT' son river which is north of the Batterv, or navigating the bar- S° mp : » ' ° ° \ essels to show hor of New York, embracing the bay as far as the village of }£ h t s in n 's ht C'astleton, on Stat en Island, and thence up the East river as far ^^h.^, as the south point of Blackwell's Island shall be at anchor in the 1 a Kch. so, 1 title 10, §12, night time, the master of such vessel shall cause her peak to be Co,n P- 159 °- lowered, and shall cause a good and sufficient light to be shown in some part of her rigging, at least twenty feet above her deck, and from her taff rail, under the penalty of fifty dollars, to be sued for and recovered against the- master of such vessel, by the commissioner of charities and correction. And in case such when owners of vessels penalty cannot he collected from the master, the owners of such "able for. vessel shall be liable therefor, in the same manner as if they were sureties of such master. In addition to the foregoing pen- tan, ch. 349, alty, it shall not bo lawful for the master or owner of any vessel Damans 91 ' offending against the provisions of the said section to recover damages for any injuries such vessel may sustain in consequence of any collision growing out of a non-compliance with the pro- visions of this section. § 756. Any person mooring any vessel to any of the buoys or ^Vom£ r ij96 beacons placed in the harbor of New York by the United States ^J°? s n and light-house board, or in any manner hanging on with a boat or vessel to any such buoy or beacon in said harbor, shall forfeit 292 navigation in THE HARBOR. I*t«, cb, 821, (ijil, !i, C'i)lll|J 189% lloatM to run in Ihe centre >.r i da river. Speed. 1858, eh. AM, |G • ouip. 1080. IVnnltv. ch. 878, III, 8, Comp IBM. I*ro> isioti as t< navigation iluriiiK tog. signals during a tog. Movements limited. lS7t*, ch. 3;«, §3, Corup. lo9i. ( Yossing line of ferry. aud pay to the commissioners of pilots the sum of fifty dollars for every offense; and any person who shall willfully remove any such buoy or beacon, shall be deemed guilty of a misdemeanor, and in addition to the punishment which may therefor he in m'ctedy he shall forfeit and pay to the said commissioners the sum of two hundred and fifty dollars lor every offense. £ 757. All the steamboats passing up and down the East river, between iljc Battery at the southern evtremity of the city of New York and BlackwclFs Island, shall be navigated as near as possible in the centre of the river except in going into or out <>f the usual berth or landing place of such steamboat., and shall not be propelled at a greater rate of speed than eight miles an hour below Corlears Hook, nor ten miles anhourabove Corlears Hook. The master, pilot, or engineer of any steamboat violat- ing either of the provisions of this section, shall be deemed guilty of a misdemeanor; and in addition thereto, the master, pilot, and engineer of such steamboat shall respectively be liable to the penalty prescribed in section nine, title ten, chapter twenty of the first part of the Revised Statutes, to he sued for and applied as therein directed. 758. It sball not be lawful for any steamship, vessel, ferry boat) steamboat, or other water craft Of what name or descrip- tion soever, to use the waters in and adjacent to the poi't and the harbor of the city of New York, and within the jurisdiction of the Stat'' of New York, for any of the purposes of navigation during and at the time of the existence of a fog thereon, render- ing such navigation hazardous, arid requiring care to prevent collisions and otber accidents incident to navigation, unless such steamship, vessel, ferry boat, steamboat, or other water craft shall, through the owner or owners, pilot, master, or other per- son in charge thereof, comply with the following requirements: It shall be the duty of the owner, master, pilot, or other person in charge of any such steamship, vessel, ferryboat, steamboat, or other water craft, if, and while moving in said waters during the existence of any such fog, in the day or night time, to use a fog horn, steam whistle, bell, electrical light, or other caution- ary light or signal, and to blow said horn or whistle, and ring- said bell continuously while said steamship, vessel, ferry boat, steamboat, or other craft is or may be in motion; and such movements only shall be had by either such steamship, vessel, ferry boat, steamboat, or other water craft within the limit, time, and in the manner in the next section provided. § 750. It shall not be lawful for any steamship, vessel, ferry boat, steamboat, or other water craft to navigate the said waters during the existence of a fog thereon, as full}- expressed in the last section, to cross the line of any ferry now or hereafter EXCURSION STEAMERS. 298 maintained to and from the city of New York, without Blowing; and, in case of extreme danger, coming to anchor before so doing; und such crossing shall Q0< then be had directly, but shall be made laterally to the course of said ferry; and the speed v ££ri° of such steamship, vessel, ferry boat, steamboat, or other water craft in motion at such time snail not exceed four miles per hour. ;j 7»'>o. Any violation of the provisions of the two preceding ^JJ" sections shall be chargeable directly upon the owner, master, pilot, or person in charge of any such steamship, vessel, ferry boat, steamboat, or other -water craft, and any such owner, master, pilot, or other person in charge of any such steamship, vessel, ferry boat, steamboat or other water craft, offending against or violating any of the provisions of such sections, shall he deemed guilty of a misdemeanor, and, upon conviction, pun- ishable by a line not exceeding two hundred and fifty dollars, or imprisonment not exceeding one year, or by both such fine and imprisonment. 5i 7t5J. The port and harbor of New York shall, for the pur- '.' . , ,,,,, Extent of port poses of the three preceding sections, be deemed and held to ex- ••' tend to and cover the waters of New York hay to and including quarantine, East river and Harlem river to Harlem bridge, and the Wate*9 of Long Island sound to Flushing bay; the North or Hudson river to the city of Yonkers, and the Kill Yon Kull to Shuter's Island, so far as the same are within the jurisdiction of the State of New York. ' £76-2. When a steamboat shall be employed for making an £f excursion of pleasure from the city of New York, on the Sound jj'^J!^ or on the Hudson river, it shall be the dutv of the master of respectingem , iii ployment of such boat to require of each male person who takes passage vessels for ■*• 1 A excursions. with him for such purpose, and who lias arrived at the age of discretion, to give his name and the place of his abode, namely : the number of the house, street, and city in which he resides, and on his refusal so to furnish his name, not to permit him to take passage on such boat : and from the names so obtained, it shall be the duty of such master to make a list, and within five days after such excursion, to file the same in the office of the clerk of the city and county of Xew Yoi-k. paying him for filing the same the sum of six cents; and it is hereby made the duty of such clerk to receive, file, and safely keep such list in his office, marking on the back thereof the name of the steamboats, the date of the excursion, and the time of filing the same; provided that this section shall not apply to any regularly plying ferry boat. For a neglect by the master Penahj to comply with the direction, in this section contained, he and the owner or owners of the boat, or either of them, shall he sub- ■I'M KXt l UNION STKAMKKS. Id. |3. Tenalty for trespassing. 1857, cu.671, $U, Comp. 1597. Lighters. 1862, ch. 265, SSL 2, C'omp. 1603. License required for ballast lighters. Who may fjrant license. Id. §3 Fees. ject to a penalty of one hundred dollars, to be sued for in any court having cognizance of the offense, by any person aggrieved in the matter, the one-half of which penalty, when recovered, to be paid to the plaintiff in such suit, and the other half to, the overseers of the poor of the town in which the person aggrieved shall reside. § 703. Each and every person engaging in such excursion, who shall invade and enter upon the lands and possessions of any owner or occupant residing on or near the banks of the Sound or of the Hudson river, and shall roam about the grounds, orchards, and gardens, and help himself to fruit or whatever may seem desirable, without previous leave obtained, " shall, in addition to an indictment for the trespass, and to a per- sonal action for damages, incur the penalty of ten dollars, to be sued for by the party aggrieved, one half thereof, when collected, to be paid to such party, and the other half to the overseers of the pooi-. § 764. It shall be the duty of the owner or owners of every lighter engaged exclusively in the business of lightering in the port of New York, to cause the name and place of business of one of the owners thereof to be painted in letters at least three niches long on the sides of his lighter; and in default thereof he shall forfeit and pay to the board of commissioners of pilots the sum of five dollars; and for each and every week the owner of said lighter shall neglect to cause his name so to be painted on his lighter, after being notified, he shall forfeit and pay the sum of ten dollars. § 765. No boat, lighter, or vessel shall be employed in the business of carrying ballast in the port of New York, unless licensed for that purpose under the provisions of this section; and any person using or employing any boat, lighter, or vessel for the purpose of carrying ballast in the port of New York, not duly licensed as in and by this section provided, or of which the license shall have expired, shall pay a fine of twenty-five dollars for each and every day on which such boat, lighter, or vessel is so used or employed, to be recovered by the captain of the port of New York, and the amount of such fine shall be a lien on the boat, lighter, or vessel so used or employed. The captain of the port of New York shall have power to license such boats, lighters, or vessels as he shall, after inspection by him or under his direction, deem suitable for the purpose of carrying and dis- charging ballast, such licenses to be issued to the owner thereof, and to continue in force for one year from the date thereof, and shall be renewable from year to year. § 766. The sum of ten dollars shall be paid to the said captain of the port of New York for every license issued under the last TAKING OYSTERS PROM HARLEM RIVER section, and the sum ef fire dollars for every renewal thereof. All license fees, fines, and penalties collected under the lasl sec- tion shall be paid over and accounted for by the captain of the port of New Vork in like manner as is now required by law in respect t<> fees, fines, and penalties collected or recovered by ,lini - uu, oh. m § 707. It shall not be lawful for any prison to take OySterS $*j*> im from the Harlem river, in the county of New Vork, in any way PraMMtkm OX manner during the months of June, July, or August in any '"" n,u year. Every person who shall offend against the provisions of this section shall incur a penalty of thirty dollars, and, in addi- tion, the value of the oysters so taken for each offense, and which may be sued for and recovered before any of the justices of the district courts, or in any court having cognizance of the same, in the name of any person who will sue therefor; one- half of any sum which may be recovered and received under this section shall be paid into the treasury of the city, and the other half shall be for the use of the person who may sue for the same. § 70s. Any owner or lessee of the lands adjoining the waters id ja of the Harlem river may have the privilege of planting oysters ^j** oyrtw in said waters in front of their said property of lands, where there are none now planted by others than themselves, and after putting up a plain sign in full view of the waters in which such oysters are planted, stating the fact that this is the private oyster bed of (here name the owner), no person other than such owner or his legal representative shall take up oysters on the ground thus designated by said sign, under a penalty of fifty dollars for each offense, and shall forfeit, in addition, the sum equal in amount to the value of the oysters; and the penalties and for- feitures thus imposed may be sued for and recovered in like manner as in the last preceding section. j> 7G9. Any marshal, upon summary process, to be issued by m.§4. any justice of a district court, may sieze and take possession of pV^,^ 1 ,, at all implements, boats, or other vessels found in the possession of ofTen,,ers and used by any person violating the provisions of the two pre- ceding sections; and such marshal! shall make return thereof and hold the same in like manner as upon all attachments Issued by district court justices. § 770. Petsons prosecuted under the three preceding sections u. f& may be arrested and held to bail in the same manner as upon n.Sd^'and'ei- warrants issued by justices of the peace; and whenever a recov- SL"uH S,how ery shall be had for any violation of the provisions of any of such sections, execution shall be issued thereon immediately. The said justice shall indorse upon such execution the cause for which such judgment was rendered; and in case no good 6 ; or '_'!•<> I PIERS AND OBSTRUCTIONS THEREON. chattels can be found to satisfy such execution, the marshal having the same shall commit such defendant to the jail of the county, and shall deliver to th<' keeper thereof a certified ; ... .-n Eree public use use as now enioved, or except as in this act otherwise speciallv »r «i>arf, pi.-r. J -'' * •« <• i r " r bulkhead in provided, to permit the use as a dumping ground, of any wharf, f^'jj^f""!, pier, or slip, or .bulkhead adjacent thereto in the navigable waters of the East river in the city of New York, which has heretofore been used for the loading and discharging of sailing vessels regularly employed in foreign commerce, and having a draft of more than eighteen feet of water, and the provisions of the preceding section shall not apply to any such wharf, pier, or slip ; provided, however, that nothing in this section contained shall apply to any wharf, pier, slip, or bulkhead covered by any shed permitted by said department of docks, existing on May ^ixth, eighteen hundred and seventy-five, or reserved for a special use by any law then in force. id. si. 774. Nothing in the two preceding sections contained shall bootns!o^Bhopa be construed to authorize the erection or maintainance on any ""Vn^nyp^r 1 ' pier of any storehouses, booths, shops, or other structures than the sheds mentioned in the last section but one, with the proper doors and gates appertaining thereto, nor to impair any powers conferred upon the department of docks, except as provided by said section. * 77r>. Whenever any pier, wharf, or bulkhead in the city of cSmpT^MR' 81, New York shall be incumbered or obstructed in its free use by Powers or cap J tain of the port. merchandise, or bv any material not affixed to such pier, wharf, or harbor ' ^ J master. or bulkhead, the captain of the port or any of the harbor mas- ters under his direction, is hereby authorized and directed to re- . Whenever the captain of the port, or anv harbor mas- again* delays, ter, shall make any order or give any direction in pursuance of the power conferred by the last preceding section, it shall be the dufy of the owner, consignee, or person in charge of the mer- chandise, property, or vessel in reference to which such order or direction is given, to comply with the same without any unrea- sonable delay, or, in default thereof, the said captain of the port, 05 any of the harbor masters under his direction, may employ such laborers and assistance as may be necessary to carry out such order or direction, by the removal of the material, mer- chandise, or vessel in reference to which the same was given; pa£Tbyo«wr! and all expenses actually and necessarily incurred in effecting such removal shall be paid by the owner, consignee or person in • •barge of the material, merc handise, or vessel so removed, and the amount thereof shall be a lien upon the same in favor of the captain of the port, 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 pursifant to the provisions of the act entitled "an act to provide for the collection of de- mands against ships and vessels," passed April twenty-fourth eighteen hundred and sixty-two, and all the provisions of said act, so far as the same can be made applicably, shall apply to the liens hereby created; and the said captain of the poit 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 incurred, and may have and maintain an action against them, or either of them, to recover the same. 1867, ch. en, §8, § 777. Whenever any pier or bulkhead in the port of New i858.ch.8M, «:>. York shall be incumbered, or its free use interfered with by b Rob. see, merchandise, lumber, or any othe* obstruction, whether of loose material, or built upon or affixed to the pier or bulkhead with- out authority of law, it shall be the duty of the commissioners of pilots to notify the person or persons placing or keeping such merchandise or obstruction on such pier or bulkhead, to remove such merchandise or obstruction within twenty-four hours after such notice; and in case of failure to comply with such notice, and to remove such merchandise or obstruction, the person or persons so notified shall be liable .to pay to the commissioners the sum of twenty-five dollars for each and every day during which such merchandise or obstruction shall remain on such S3 Hun. 846. OBSTIM'CTION OF PJEB8. pier or bulkhead; and the commissioners shall have power, in their discretion, to remove any merchandise so incumbering any pier or bulkhead, and to store the same in a warehouse or other proper receptacle; and a Bum equal to the amount of the ex- penses of removal, together with the charges for storage, shall he paid by the owner of such merchandise to the commissioners, and shall he a lien on such merchandise until paid. a -»tti- i t j- i ir i i 1807, ch.JM, |8, § .I s . w henever merchandise discharged from a vessel and r,,,,,,,. incumbering a bulkhead or pier, m the port of New York, shall i;!''/,';,^"!"",!., not, in the judgment of the said commissioners, be of sufficient 0,m '" iu " value to pay the expenses of removal and storage, as provided in the last preceding section, sUch merchandise shall be removed and stored at the expense of the owner, consignee, or master of tho ship or vessel from which such merchandise shall have been discharged. ^ 77l>. At the expiration of every six months it shall he the 1,1 * 10 , ,° , ., . 1 . . , , ,. - , . AdvertixInK of dutv ol the said commissioners to advertise, for one "week in unclaimed mw T • enandise. three or more daily papers in the city of New York and Brook- lyn, the merchandise which they have stored and which has re- mained unclaimed, setting forth the marks and numbers of each package, the description of the merchandise, the pier whence such merchandise was removed, and the date of such removal, and if any of such merchandise so advertised shall remain thereaf- ter unclaimed for three months, the said commissioners may then sell the same, after further advertisement for one week in three or more of the daily papers published in the cities of New York and Brooklyn, at public auction, to the highest bidder, to pay the expenses which have been incurred on such merchandise, and the remainder shall be held in trust by the said commission- ex's for the owner or owners thereof, for twelve months, when if not claimed it shall form part of the fund of said commis- sioners. § 7S0. It shall not be lawful'for anv person to throw any bal- isst, en. 6ti, $3. , ., , itij " p M amended last, rubbish, ashes, or cinders f rom anv vessel or lighter, or from ip. 220, . _ J . Comp. 1594. any pier or bulkhead, into the waters of the docks, slips, or har- seeisro, en. bor of the port of New York, nor from out of any vessel upon ' any pier or bulkhead in the port' of New York, unless to dis- charge the same immediately into carts. Any person who shall violate any of the provisions ot this section shall forfeit and pay to the board of commissioners of pilots the sum of five dollars, and the further sum of two dollars for each and every cubic yard of material so thrown out ; and such fine shall be a lien, until paid, upon any vessel from which s\ieh material shall be thrown or discharged. § 7S1. Every person willfully throwing or putting any stones, j^JJiing earth, shavings, night-soil, dirt, or rubbish into any dock or slip. s,ODes Hl ' t 300 REPAIRS OF PIERS, KTc. in the port of Now York, or on any public pier or bulkhead in said port, shall forfeit and pay to the said commissioners the sum of twenty-five dollars for each offense ; one-half of all fines re- covered under this section shall be for the use of the person or peis. .ns lawfully entitled to the occupation of such docks, slips, or piers. Whenever any horse or cart shall be employed -in dumping stones, earth, shavings, night-soil, dirt, or.rubbish into any dock or slip, or on any public pier of the port of New York, the fine prescribed by this section shall he a lien, until paid, upon such horse and cart, uimended § * S2 - Jt shall be the duty of every owner, master, mate, or 1888, oh. sad, |s. other person having the charge or management of any vessel from which. <»r into which ballast, coal, cinders, stones, bricks, tiles, dung, or any loose matter or thing, shall be conveyed, to fasten canvas, mats,. or cloths between the pier or bulkhead and vessel, and between vessels lying alongside each other, to or from which such ballast or other loose materials shall be con- veyed, so as to prevent any part thereof falling into the waters of the port : and if to be landed, to place such material at least two feet from the edge of the pier or bulkhead, under the pen- alty of ten dollars for the violation of any of the provisions- of this section, and for each offense, to be paid to the said commis- sioners ; and such penalty shall be a lien, until paid, on the ves- sel from which such ballast, coals, cinders, stone, brick, tiles, dung, or other matter or thing, shall be so conveyed or landed. 1\Imp U \wm: § 783. It shall not be lawful to throw iron, lead, or any "T»!.ii metal, or any package of merchandise weighing over fifty pounds, from a vessel on to a pier in the port of New York, without adequate protection to the planking of such pier, under the penalty of five dollars for each offense, to be paid to the said commissioners, and to be a lien on the vessel until paid; nor shall it be lawful for any person or persons to draw, or cause to be drawn, or trail or drag over any pier in the port of New York, any anchor or blocks of stone, otherwise than upon carts, roll- ers, wheel carriages or sleds, under the. penalty of five dollars for every offense, one-half of which shall be for the use of the person or persons lawfully entitled to the occupation of such pier. e^ip h i585' § ^ ne uoara ' °f commissioners of pilots, organized under the act entitled "an act to provide for the licensing and govern- ment of the pilots, and regulating pilotage of the port of New York," passed June twenty-eighth, eighteen hundred and fifty- three, are authorized to require the owner or owners of any pier, wharf, or bulkhead, in the city of New York, to keep the same free from dirt and in good repair, and to keep the slips properly dredged; and whenever, in the judgment of the said REPAIRS OF IMKKs, IK . board, it shall be necessary so to do, they shall cause written notices, signed hy the president or secretary of Said hoard, fco be served upon the owner or owners, or collector of wharfage of any pier, wharf, <>r bulkhead, or the slip adjoining the same, on which cleaning, repairs or dredging are required hy said hoard, specifying the nature and extent of the cleaning, repairs, or dredging so required; and in case of failure of the owner or ow ners so notified to comply with the terms and requirements of such notice w ithin thirty days after such notice as to repairs, and w ithin ninety days as to dredging, they shall he liahle to a penalty Of five dollars per day for every day they shall neglect to comply with such notice. § ?85. The notice required in the last preceding section to he M.f& given to the owners of wharves or piers hy the hoard of pilot ^1°™*' commissioners, shall he given by serving the same on one or more of such owners personally, or hy serving the same on such person as receives or collects, on behalf of such owner or own- ers, the wharfage of the wharf, pier or bulkhead, in respect to which the notice is given. § 7st>. Piers numbers ten, eleven, and the west side of pier ^p 1 ,'' , number twelve, East river, inclusive, shall continue to be set apart, kept and reserved for the use and accommodation of the regular packet lines of sailing vessels, propellers, and barges, wliich on April thirteenth, eighteen hundred and fifty-seven, occupied berths on piers nine, ten, eleven, and west side of pier twelve, and running to and from the following ports, to wit: Boston, Massachusetts; Portsmouth, New Hampshire; Philadel- phia, via the Delaware and Karitan canal: Wilmington, North Carolina; Savannah, Georgia; Charleston, South Carolina; Apa- lachicola, Florida; Mobile, Alabama; New Orleans, Louisiana: and Matagorda, Texas. It shall he the dutv of the harbor mas- Du 5 0f harbor ° ' J masters. ters or other officer or officers of said city who are now or here- after shall be empowered by law, or by any ordinance of said city, to regulate and station ships and vessels in the harbor of said city, and they shall have power to prohibit and prevent all other boats, ships, and vessels from entering any of the slips, or approaching or lying at any of the wharves between the piers named in this section during the period therein specified, when such slips and wharves shall be required for the use and accom- modation of the vessels, boats, and barges mentioned in this section. In case any boat, ship, or vessel, not entitled, accord- ing to the provisions of this section, to use said waters, shall have entered any of said slips, or shall be lying at any of said wharves during the period aforesaid, when such slip or wharf shall be needed or required for the use or accommodation of any of the vessels, boats, or barges specified in this section, it shall PENALTY FOR RE8ISTING HARBOB MASTER. M. |4. Rlghtfl of bo thy duty of the said harbormasters or other officer or offi- cers, and they sliall have power forthwith to remove such boat, ship, or vessel from such slip or wharf, so far as may be neces- sary to accommodate the vessels, boats, and bargee entitled, as aforesaid, to the use of said slip or wharf. JSif'ia' § 787. Any person resisting or refusing or neglecting to Penalties. comply with any order or direction of any harbor master or other officer, given in pursuance of the preceding section, in relation to any boat, ship, or vessel under the command or control of such person, and any person whatever who shall resist or oppose any harbor master or other officer in the per- formance of the duties of his office under such section, shall, for every such offense, forfeit and pay the sum of fifty dollars, to be recovered with costs of suit, in the name of the treasurer of the New York Hospital, before any court having cognizance thereof. Said lines, when collected, shall be paid to said treasurer for the use of the hospital. § 788. Nothing contained jn the two preceding sections shall be construed to take away or in any respect impair the right of the owner or lessee of any wharf, slip, or pier mentioned therein, from demanding, collecting, and receiving the usual and legal rates of wharfage for all boats, ships, and vessels using or occu- pying said wharves, slips, and piers, nor shall anything therein be construed to prevent the free use of the waters and wharves specified in the preceding section, when such waters and wharves are not required for the use and accommodation of the vessels, boats, and barges described in section seven hundred and eighty- six, nor be construed so as to prevent any vessel from hauling alongside of any vessel, barge or canal boat, to land cargo or to receive cargo, or from laying alongside of such vessel, boat, or barge a sufficient length of time to transfer cargo with all reasonable dispatch, nor shall anything therein contained be so construed as to disturb or interfere with any rights of occupancy granted by ordinance or resolution of the mayor and common council of the city of New r York in- favor of any of the lines of river barges or canal boats aforesaid, before April thirteenth, . eighteen hundred and fifty-seven. S1 ' § 789. All that part of the water adjacent to the wharves of RoundnriM. the city of New York, from the east side of pier number two to and including the west side of pier number ten, East river, shall hereafter, from the twentieth day of March to the thirty-first day of December in each year, be set apart, kept, and reserved for the exclusive use and accommodation of 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, arriving in said city from the city of Albany or any port IIAKHOI: A( ( (>.MMt»l>ATI()NS IOIM ANAL lioATS. or place north or west thereof, and for the 086 of lighters engaged in loading or unloading such hoats or barges ; and il shall be the duty of the captain of the port of New York, and of Jap^dfihe the harhor masters thereof, and of all officers who now are or 5St " hereafter shall be empowered by law, or by any ordinance of the city of New York, to regulate or station ships and vessels in the harbor of said city, to prohibit and prevent all other hoats, ships, or vessels from entering any of the slips or approaching or lying at any of the wharves hetween the piers aforesaid. dining the period above specified, when such slips or the wharves Connected therewith shall he required for the use and accommodation of the canal boats and barges hereinbefore mentioned; and the said captain of the port, or other officers aforesaid, shall assign such other accommodations 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. ,i 700. It shall be lawful for the .proprietors of any regular u -i* line of canal boats or barges using the waters within the limits erect derricks aforesaid, or any pther limits to which they may be assigned, as provided in the preceding section, to erect and maintain upon any of the piers or wharves adjacent thereto, suitable derricks, to be used by said proprietors and their employees in loading or unloading said canal boats and barges ; no derrick or structure so erected shall be deemed an obstruction or incumbrance upon such pier or wharf, within the meaning of any statute or ordi- nance prohibiting the incumbering or obstructing any such pier or wharf, or authorizing the removal of obstructions or incum- brances upon the same. § 701. Whenever any portion of the waters mentioned in the ld * 8 last section hut one shall be occupied bv anv ship or vessel not waters by ships ... . . ... « »ot entitled entitled to occupy the same according to the provisions of that thereto, section, and the proprietor or proprietors or person in charge of any of the canal boats or barges specified in said section shall desire to use the berth or slip occupied by such ship or vessel, it shall be the duty of the captain of the port, or of the harbor master in charge of the district embracing said waters, upon the request of the proprietor or consignee or person in charge of said canal boat or barge, forthwith to remove such ship or vessel so far as may be necessary to accommodate such canal boat or barge. If the captain of the port or harbor master to whom such request is made, shall neglect or refuse to comply with the same, he shall, for each such neglect or refusal, forfeit and pay to the proprietor or proprietors of the canal boat or barge in reference to which request was made, the sum of fifty dollars, to be sued for and recovered by and in the name of such propri- 304 DUTIES OF HABBOB MASTER. etor OT proprietors, for his Off their use and benefit, in any couit of competent jurisdiction. com^im'^ § Any Person in command or charge of any ship or ves- Pe mJMe Bfor sel which the captain of the port or harbor master is authorized obej the orders and required to remove, as specified in the last preceding section, »Mt« who shall neglect or refuse to comply with any order Off direc- tion of the said captain or harhor master in reference to the re moval thereof, or who shall resist or obstruct the removal of such ship or vessel, shall, for every such offense, forfeit and pay the sum of fifty dollars, to he sued for and recovered, with costs, by and in the name of the captain of the port, in any court of com- petent jurisdiction. Ora^inS <<1< § T93. Whenever the owners of any wharves and slips on the 1 1 ■ otatva gjast river which were on April fifteenth, eighteen hundred and nmi wharves. 1 ' ° m -as! y ssi fifty-eight, occupied by any of the steamhoat lines hereinafter mentioned, or the owners of any wharves and slips on the North ] iver, in the city of New York, shall lease the same to the own- ers or proprietors of any of the regular lines of steamhoats theretofore estahlished, and engaged in the husiness of trans porting passengers and freight between the city of New York and any place on the Hudson river, or between the city of New York and any place on Long Island sound, or the rivers empty- ing into Long Island sound, or between the city of New Xork and any place on Narragansett hay, or the hays adjacent there- to, or any such steamhoat running to and from the city of New York, the wharves and slips so leased shall, during the term of the lease, be kept and reserved for the exclusive use and occu- pancy of the steamhoats of the lessees, to the extent necessary for the conducting and doing the husiness in which they are en- gaged. w. S3. £ 794. It shall he the duty of the harbor masters, or of any bor masters, officer or officers of said city who are now or hereafter shall be empowered, to regulate and station ships and vessels in the har- hor of said city; and they shall have power to prohibit and pre- vent all other boats, ships, and vessels from entering any of the slips, or approaching or lying at any of the wharves so let or leased under the provisions of the last preceding section, when such slips and wharves shall he required for the use and accom- modation of the lines of steamhoats owned by the persons hiring or leasing the same. In case any boat, ship, or vessel not enti- tled, according to the provisions of said section, to use said wharves or slips, shall have entered any of said slips, or shall be lying at any of said wharves, during the continuance of such let- ting or lease, when such slip or wharf shall be needed or re- quired, for the use or accommodation of any of the lines of steam- boats referred to in the preceding section, it shall he the duty of w dABFAGE RATES. 305 the said harbormasters, or other officer or officers, and they shall have power forthwith fco remove such boat, ship, or vessel, from such slip or wbarf, BO far as may be necessary to accommodate the steamboats entitled as aforesaid to the use of said slip or wharf. 55 7:»:». Any peison resisting or refusing or neglecting to com- B*et&r.f one hun- dred tons, at the rate of Bizty-two and a half cents per day; Cor every such vessel of the burden of one hundred tons, and under the burdeji of one hundred and fifty tons, at the rate of seventy- five cents per day; for eveiy such vessel of the burden of one hundred and fifty tons, and under the burden of two hundred ^ tons, at the rate of eight y--i \ < 11 and a half cents per day; 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 bun • lied tons, at the rate of one hundred and twelve and a half cents per day ; for every such vessel of the burden of three hundred tons, and under the burden of three hundred and fifty tons, at the rate of one hundred and twenty-five cents per day: forever}' such vessel of the burden of three hundred and fifty tons, and under the burden of four hundred tons, at the rate of one hundred and thirty-seven and a half cents per day; for eveiy such vessel of the burden of four hundred tons, and under the burden of four hundred and fifty tons, at the rate of one dollar and fifty cents per day; for every such vessel of the burden of four hundred and fifty tons, and under the burden of five bun dred tons, at the rate of one hundred and sixty-two and a half cents per day; for every such vessel of the burden of five hundred tons, and under the burden of five hundred and fifty tons, at the rate of one hundred and seventy-five cents per day: for every such vessel of the burden of five hundred and fifty tons, and under the burden of six hundred tons, at the rate of one hundred and asa^ied' eighty-seven and a half cents per day: for eveiy such vessel of coinp^.w'' y ' the burden of six hundred tons and upwards, to pay twelve and a half cents, in addition for evei y 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 wharfs; but no boat or vessel over fifty tons burden shall pay less than fifty cents for a day or a part of a day. and the class of sailing vessels now known as lighters shall be at one half the first above rates. Every other vessel making fast to a vessel lying at any pier, wharf, or bulk head within said city, or to another 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 -1879, ch. mo, ji, from everv vessel or floating structure, other than those above named, or used for transportation of freight or passengers. WHARFAGE RATES. double the first above rates, except that floating grain elevators shrill pay one-half the first above rates; and every vessel .thai shall leave a pier, wharf, bulkhead, slip, or basin, without first paying the wharfage or dockage due thereon, after being do inauded of the owner, consignee, or person in charge of the ves- sel, shall be liable to pay double the rates established by this section. £ 799. Vessels of two hundred tons burden and under which shall be actually engaged in the clam or oyster trade, and which shall make fast to any pier, wharf, or bulkhead within said city, shall pay one and one half cents per ton per day, and every such vessel, which shall make fast to another vessel lying at any such pier, wharf, or bulkhead, or to any vessel lying out- cJilip.'VvtV. ''' side of such Vessel, or that shall anchor within any -slip or basin R«te«of wharf J 1 age on canal in said city shall pny one cent per ton per day; provided, how- |^i H a " d rrT . ever, that no vessel shall pay less than t wenty-five cents nor less in* bricks, than one day's wharfage, nor shall more than one day's wharf- age be charged unless for a continuous use of the pier, wharf, bulkhead, slip, or basin of more than twenty-four hours. ;> 800. Every canal boat, and any vessel engaged in freight- ing brick on the Hudson river occupying a berth next to any pier, wharf, or bulkhead in the city of New York, and engaged in delivering cargo upon said pier, wharf, or bulkhead, or re- ceiving cargo therefrom, shall pay wharfage at the rate of fifty cents for every day or part of a day while so engaged; but when unloaded such canal boat or vessel 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 bo required to pay full wharfage to the ownei-s or lessees of both said piers for the same day, notwithstanding such canal boat or barge may, during said day have changed her location between said piers; provided that the)' shall pay one-half rates to each owner or lessee when they have changed their locations be- tween said piers; and the word day, whenever it occurs in this and the last preceding section, shall be taken and construed to mean twenty-four hours. § 801. It shall be lawful for the owners or lessees of any pier, ^'fmend*' wharf or bulkhead within the city of New York, to charge and C o T up h i^ 5, $2- collect the sum of five cents per ton on all goods, merchandise, Rates per ton . * . i ' _e t ill goods, etc., and materials remaining on the pier, wharf or bulkhead owned remaining on , . pier or wharf. or leased by him. for every day after the expiration of twenty- -n. v. «& four hours from the time such goods, merchandise and materials shall have been left or deposited on such piers, wharf or bulk- head, and the same shall be a lien thereon. § 802. It shall be the duty of every person owning or having i8n>,ciLi. IMS. Port of New York, what « at its in- cluded (herein 1809S, ch. 4*;. |8, Comp. 15C9. Duties of cap lain of jiort. id. K Regulations lo the port. 1871, ch. OS. Jl, Comp. 1373. Duty of canal colleetor.to col- lect annual fee on canal boats. York, to cause to be printed on the back of all bills, presented by them for wharfage, section seven bundled and ninety-eight of tins act, and the owner, consignee or person in charge of any vessel sball not be required to pay the wharfage or dockage due on such vessel, unless upon his demand the bill printed in con- formity with this section is presented to him. Any person own- ing or having charge of any pier, wharf, bulkhead or slip as aforesaid, who shall receive for wharfage any rates in excess of those now authorized by law. shall forfeit to the party aggrieved treble the amount so charged as damages, to be su« -«1 for and re- covered by the party aggrieved. $803. The port of New York, wherever the same is men tioned or referred to in titles two and three of this chapter, ex- cept sections seven hundred and fifty-eight to seven hundred and sixty-one. inclusive, shall be deemed and taken to include all the waters of the North river or East river, adjacent to or opposite to the shores of the city and county of New York, as the bound- aries of said city and county of New York are now fixed by law. § MJ4. The captain of the port shall, in addition to the piers and waters especially assigned thereto by law, assign such ac- commodations for canal boats and barges engaged in the busi- ness of transporting property on the IJudson 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 necessaiy in receiving and discharging their cargoes. £ 805. No vessel, other than canal boats, barges or lighters re- ceiving or delivering property from or to said canal boats or barges, shall use or enter into for the purpose of using any part of the port of New York set apart for the use of canal boats and barges, without the written consent of the captain of the port had and obtained therefor, and then only between the first day of January and twentieth day of March in each year, and when not occupied by canal boats, under a penalty of one hundred dollars for every day that such vessel shall remain in said part of said port so set apart, after being notified to leave by the captain of the port or a harbormaster, and said penalty shall be a lien upon any such vessel, and be enforced by proceedings against it, insti- tuted by and in the name of the captain of said port according to the provisions of the laws of this State concerning attach- ments against vessels. § 806. The collector of canal tolls for the city of New York shall not give permits or clearances to canal boats navigating the waters of this State, until the captain or master of said canal boat has paid or satisfied the annual fee of one and one- quarter dollars due the harbor masters of the port of New York, vioi. vno.N's to BE BEPOBfED. and imposed by tin 1 laws of this Stale; which fees may ho paid to the said collector of canal tolls for said harhor masters. j B07. Bach harbor master shall have power, within the dis- com^iiW trict assigned to him, subject to the other provisions of this act, f^,™;^ 1 ' 11 to provide and assign suitable accommodations for all ships and j^Jj^VJj vessels, and regulate them in the stations they are to occupy at f,,*" 1 .?, " the wharves or in the stream, and to remove from time to time such vessels as are not employed in receiving or discharging their cargoes, to make room for such others as require to be more immediately accommodated for the purpose of receiving or dis- charging their cargoes, and shall have power to determine as to the fact of their being fairly and 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 fo accom- modate each other in their respective situations. And if any master or any person having charge of any vessel, canal boat, barge or lighter, shall refuse or neglect to move his vessel, canal boat, barge or lighter when ordered to do so by the captain of the port, or by a harbor master, or shall resist or forcibly oppose said officers in the discharge of their duties, such master or per- sons so refusing, neglecting, resisting or opposing, shall, for every such offense, forfeit and pay the sum of fifty dollars, to be recovered with costs of suit, by and in the name of the captain of the port, before any court having cognizance thereof. g BOS. Any person who shall falsely represent himself to be a 11 harbor master, or wrongfullv perform the duties of harbor mas- tationsfro ter, shall be deemed guilty of a misdemeanor,, and, upon con viction thereof, shall be imprisoned in the county jail for a term not exceeding sixty days, and fined, in the discretion of the court, a sum not exceeding twenty-five dollars. The captain of 1,1 s°- the port shall have power to designate some harbor master as his harbor master deputy, who may, during his absence, or in case of a vacancy in captain of port his office, perform all the duties belonging to the office of captain of the port, and the acts of said harbor master, so performed, shall be valid and binding. § 809. It shall be the duty of the captain of the port, or a oS&^iwk' 15 harbor master, whenever required by the captain, owner, or b ^ °f n actt0 consignee of any vessel, or any person having charge of any ves- sel, to show a copy of chapter four hundred and eighty-seven of the laws of eighteen hundred and sixty-two, or of sections eight hundred and seven and eight hundred and eight of this act to such captain, owner, or consignee, and no person shall be fined for a violation of said sections until that has been done. § 810. It shall be the duty of the harbor masters and pilots of comi'.'Yr.j: the port of New York to report to the commissioners of pilots COMMISSIONERS OK TAXES AN I) ASSESSMENTS. Violations. |H.V», cli. aw., 1871. cb. 849, Comp. 1674. Floating doc tn bfl used f( repair of vessels. ks 1873, ch.335, $87, Comp. 5,55. 1859, ch. 302, JC, Comp, 55C. 1859, ch. 302, §3, Comp. 556. Deputy tax commissioners. 1859, ch. 302, *7 Comp. 550. all violations of sections seven hundred and thirty-six, seven hundred and forty-six, seven hundred and forty-eight, seven hundred and fifty-six, seven hundred and sixty-four and seven hundred and seventy-seven to seven hundred and eighty three, inclusive, which may come to the knowledge of said har- bor masters or* pilots, or which may be made known to them by complaint or otherwise. §811. It shall he lawful for the floating docks of the New York Balance Dock Company and of the New York Floating Dry Dock Company, to he used, with the consent of the ow ners of the piers or bulkheads respectively occupied for such use, or of the persons entitled to collect w harfage for such piers or bulk- heads, for the purpose of taking up ships and vessels for repair, coppering, or finishing, in the manner heretofore practiced in the port of New York; subject to the existing authority, by or- dinance, to regulate the use of the slips, piers, and wharves of said city. CllA I'TEK XV J. Taxes and Assessments, \^ W-V 0j> Title J. — Taxes. § 812. The commissioners of taxes and assessments may regulate and abolish the subordinate offices and bureaus, as shall seem most advantageous to the public service. The office or offices shall be in one of the public buildings or elsewhere in said city as may be procured according to law and assigned by the board of aldermen, and shall be kept open during the usual days and hours, as the other offices are by law required to be kept open, for the transaction of business. The books, maps, assess- ment rolls, and other papers pertaining to the office of commis- sioners of taxes and assessments shall continue in the custody and control of the commissioners, and shall continue to be pub- lic records, and, at all reasonable times, shall be open to public inspection. § 813. The commissioners of taxes and assessments shall ap- point persons, to be known as deputy tax commissioners, who shall perform, under their direction and supervision, such duties as the commissioners shall prescribe. They shall hold their office during the pleasure of the said commissioners. § 814. It shall be the duty of the deputy tax commissioners, under the direction of the commissioners of taxes and assess- ments, to assess all the taxable property in the several districts COMMISSIONER!* OF TAXES AND ASSESSMENTS. that may l>e assigned to them for that purpose hy said commis- sioners, and they shall furnish to thorn, under oath, a detailed statement of all such property showing that said deputies have personally examined each and every house, building, lot, pier, or other assessable property, giving the street and ward map num her of such ri al estate emhraced within said districts, together with the name of the owner or occupant, if known; also, in their judgment, the sum for which such property, under ordinary cir- cumstances, would sell, with such other information, in detail, relative to personal property or otherwise, as the said commis- sioners may, from time to time, require. Such deputies shall commence to assess real and personal estate on the first Monday of September in each and every year. § 813. The said commissioners shall appoint a surveyor from ch m ' one of the city surveyors, whose duty it shall be to make the £ om P- 550 -" rf S j. , Surveyor. necessary surveys and corrections of the ward maps, and also all new maps which may he required for the more accurate assess- ment of real estate. He shall hold his office at the pleasure of the commissioners. $10. No new surveys or maps of the several wards of the l\mp h %T ' ' said city except Of the Twenty-third and Twenty-fourth wards asa^dS' 17 ' as now authorized by law, shall be prepared for the use of said oomp.m' J commissioners, except under the authority of the board of alder- n™-ii?nv^' men. orniap< § SI 7. The said commissioners shall keep in their office, books ims,ch.ao2,f|8,9 to be called " the annual record of the assessed valuation of real e v °3i M ^ or.i and personal estate," in which shall be entered in detail the , ° ,,e,i P t assessed valuation, of such property within the city and county of New York, and which said books shall be open for examina- tion and correction from the second Monday of January until the first day of May in each and every year, but on said last mentioned day, the same shall be closed to enable the commis- sioners to prepare assessment rolls of the several wards, for de- livery to the aldermen. The said commissioners, previous to and during the time said books are open for inspection, shall ad- com^loneri'. vertise the fact in the City Record, and in the several papers, or c^ip'Ya 58 ' in such manner as they shall deem most advisable, and as shall be authorized by the concurrent vote of the mayor, corporation counsel, and commissioner of public works. § SIS. The assessed valuation of all personal property shall be isw, ch. a is, entered by said commissioners in books or rolls, in alphabetical Comp 560 ' order, of the names of persons and corporations su 1 ject to taxa- tion. Xo tax or assessment thereof shall be void in consequence of the name of the rightful owner or owners of any real estate in said city not being inserted in the assessment rolls or lists CORRECTION (»(•' ASSESSED VALl U'lO.vs 1*59, Oh.80S,|ll. Comp. 557. Kqualization of Hj'J, ph.'8QI,|10, Comp. 557. Books to be kept open. etc. l*51),ch. 302. Comp. 55!>. Certiorari. 1?59. ch.302. gSO. H70, csh. 382, 58, Comp. 561. Power to remit or reduce taxes. Remission, when to be made. 1873, ch.338,§«. Comp. 555. Hut ill such case no tax shall be collected except from the real estate so assessed. § 819. The Commissioner may at any time before the .second clay of April in each year, increase or may diminish at any time before the closing of the books of annual record on the first day of May in each year, the assessed valuation of any real or personal estate in said city, as in their judgment may be necessary for the equalization of taxation; but they shall not increase such valua- tions after said books are open for correction and review, except upon notice being given to the party affected by such increase, twenty days before the closing of said books. § 820. Dining the time the books shall be open to public inspection, application may be made by any person considering himself aggrieved by the assessed valuation of his real or per- sonal estate, to have the same corrected. If such application be made in relation to the assessed valuation of real estate, it must be made in writing, stating the ground of objection thereto; and thereupon the commissioners shall examine into the complaint, and if in their judgment the assessment is erroneous, they shall cause the same to be corrected. If such application be made in relation to the assessed valuation of personal estate, the applicant shall be examined under oath by the said commissioners, who shall be authorized to administer such oath, or any of them, and if in his or their judgment the assessment is erroneous, they shall cause the same to be corrected, and fix the amount of such assessment as they may believe to be just, and declare their de- cision thereon within thirty days after such application shall have been made to them. But said commissioners may during the month of May in any year act upon applications for the re- duction of assessments upon real or personal property filed in their office on or before the thirtieth day of April preceding : and cause the corrected amount of any assessment reduced by them to be entered upon the assessment rolls for the year in which such correction may be made. § 821. A certiorari to review or correct on the merits any decision or action of the commissioners under either of the two preceding sections shall be allowed by the supreme court or any judge thereof directed to the said commissioners on the petition of tho party aggrieved. § 822. The commissioners of taxes and assessments are hereby invested with power to remit or reduce a tax imposed upon real or personal estates, but such remission or reduction must be made within six months after the delivery of the books to the receiver of taxes for the collection of such tax. It shall require a majority of the commissioners to corrector reduce the assessed valuation of the personal property of any person, and no tax on personal property shall be remitted, canceled or reduced after the expiration of said six months, unless the applicant or party ag- rieved shall satisfy the commissioners that he has been pre- vented by absence from the city or by illness from making his complaint or application to them within said period. The board of aldermen shall have no power to remit or reduce any tax. EXEMPTIONS FROM TAXATION. 818 ;> S2:?. Whenever any permit shall be granted by the proper ^eww.iw officer of the city government, for the erection of any building, Knsction of pier or bulkhead within said city, a copy of such permit shall he .t, furnished by the said officer to the commissioners of taxes and assessments. g S2+. The following property in said city shall be exempt ft^g™^ from all taxation in addition to any which may be exempt by virtue of general laws : 1. Any real estate in actual use as a site or sites for Columbia [^^f • ( 'olloge. l\ Anv real estate now owned or hereafter acquired for the 'r :i - rU , »' J * k onip. OUj . construction and maintenance of an asylum by the trustees of the Masonic Hall and Asylum Fund, but such exemption* shall continue only so long as the entire income from the same shall be exclusively used for benevolent and charitable purposes. The real estate of the National Academy of Design, situate <•>< • |t, on the corner of Fourth avenue and Twenty-third street, but such exemption shall continue only so long as the same shall be devoted exclusively to the advancement of the fine arts, or be used as a free school of design. 4. The portion of the property, real and personal, of the c^p 1 ^ 1 '' i ] Society of. the New York Hospital, from which no income is derived, but such exemption shall continue only so long as the same shall bo used exclusively for the purposes for which said society was chartered. • 5. The real estate, which -was on June thirtieth, eighteen '* r '. cu.ko. §i, ' ' 13 C imp. hundred and seventy-four, owned by the House of Rest for Con- sumptives, but such exemption shall continue only so long as it shall be in actual use for the purposes of such House of 'Rest, and such exemption shall be of an amount not exceeding one hundred thousand dollars in value. G. The real estate owned bv the Home for Incurables; but 'W8.ch.a4B, ft, J ' Com p. 591. such exemption shall continue only so long as the said real estate, or the income thereof, shall be used exclusively for the purposes for which the association was incorporated. 7. The property of the Friendly Society of St. Ambrose Q^^jg 58 ' Church, both real and personal, to an amount not exceeding fifty thousand dollars in value, but such exemption shall con- tinue only so long as said property is actually used for the chari- table purposes of the said corporation. 5. The property, both real and personal, of St. Luke's cm^t^ Hospital. 0. The real estate owned hv the Young Men's Christian im - ch P. •> <-> as ameneed Association, on the southwest corner of Twentv-third street and I? 70 - ' 1 ,-'* ' - Comp. 1901. Fourth avenue, but such exemption shall continue only so long K.XF.MPTIONS FKOM TAXATION. eh. 4. >:t. Comp. 18W. 1808, ch. 15, $7, Comp. 181S. 1880, ch. S3, |S, us umcndod 1858, oh, 24, |1, Comp. IH15. 1859, ch. 27D.S11, Comp. 1834. 1KI9, oh I |8, I iomp. it«T. 1*54, oh. B61, $2, Comp. 1828. 1859, ch. 285, ST, Comp. 1880. |W)0, oh. 4;9. $r., Comp. iK'll. lft'.O, oh. 8, 18, Comp. 1838. ih»;t, oh. lit, «: i 'omp. ins, ihoo, oh. s pital ; of the Presbyterian Hospital ; of the Cooper Institute, so lone; as the same shall be appropriated to the uses and purposes set out in chapter two hundred and seventy-nine of the laws of eighteen hundred and fifty-nine ; of the Clinton Hall Associa- tion to the extent of one hundred and fifty thousand dollars ; of the Astor Library ; the property of the Merchants' and Clerks' Library Association of the city of New York to the extent of one-half in value ; the real and personal property of the Woman's Library of the city of New York; and of the New York City Library Association, provided that the amount of such exemption shall not exceed one hundred thousand dollars, and that such exemption shall continue only so long as the property shall be used for the general purposes and objects specified in the charter of said association ; the real and j>er- sonal property of the trustees of the Lenox Library, and of the Mott Memorial Medical and Surgical Library of the city of New York. 11. The real and personal estate belonging to and used for the charitable purpose of the New York Catholic Protectory. 12. The real and personal property belonging to the Chil- dren's Aid Society of the city of New York, and used for the charitable purposes thereof. 13. The real and personal property belonging to the Samari- tan Home for the Aged of the city of New York, and that held by it under lease from others when the lessee is required to pay the annual taxes ; provided, however, that the value of said property so exempted shall not exceed fifty thousand dollars, and such exemptions shall continue only so long as such prop- erty is actually used for the charitable purposes of said corpora- tion. 14. The real estate owned by the Ladies' Union Aid Society of the Methodist Episcopal Church in the city of New York, but such exemption shall continue only so long as the same, or the income thereof, shall be used exclusively for the purpose of said corporation. 15. The real and personal property of the Nursery for the Children of Poor Women, used exclusively for charitable pur- poses. § 825. The real estate belonging to the corporation of St. John's College, in its actual occupation or use in the Twenty- fourth ward, with the buildings thereon, is exempt from the payment of any tax for the support of schools. EXEMPTIONS FROM TAXATION. ^ s-Jf.. Tlu 4 following-described property of th«« 1'nitnl States, with tlie buildings thert'oii, shall 1)0 exempt from all taxation. I. The land, buildings, and machinery owned or used by the oolp?Ma '' United States for tho assay office, established by act of congress, >' passed March third, eighteen hundred and fifty three, or for any mint or branch mint which may be authorized by act of con- gress, and also metal, bullion, or coin deposited for melting, re- melting, assaying, coinage, or recoinage, and coin stamped at such mint or branch, and bars or ingots, after melting, remelt- ing, or assaying, while the same is in the custody, possession, or under the control of the officers of the assay office or mint, or branch mint. B. The land and buildings, owned and occupied as a general uw^.^ |i, post-office, and appurtenant and adjacent thereto, but such ex- i860.cb.5M.HM »« i 11 , • , , i it • Comp. 15*!. emption shall continue only so long as the same shall remain :4; the property of the United States and be used for public pur- 0om P- ,m " poses. 3. The land north of the assay office in Pine street and the H^mpi'^' '' land adjoining the same on the east. 4. The entire square formed bv Wall, William, and Hanover ci. m, ■i t-i i i SSL A. Comp. streets, and Exchange place. lSM - e "D u- ' r> * 1874, ch. 432. 5. Kobin s Keef. s$i. 8, comp • 1530 6. The land at the Battery acquired for the purpose of erect- vw,eh. sc2. Lag a barge office and other suitable buildings for the transaction Vomp of business connected with the United States revenue service, and for the landing of revenue and other government boats and i68S barges, together with the land adjacent thereto, and the slip or basin connected therewith, but such exemption shall continue only so long as the said land shall remain the property of the United States and be used for the purposes aforesaid. 7. All property acquired by the United States, for the im- l^^pfiaii provement of the Hudson river and the Spuyten Duyvil creek, from the North river through the Harlem Kills to the East river, pursuant to chapter one hundred and forty-seven, laws of eigh- teen hundred and seventy-six, and the amendments thereof here- tofore enacted. §827. The exemption from taxation of every building for l^mphw'* 1, public worship, and every school-house or other seminarv of BuUdingsfar * . ■* ' public worship. learning, under the provisions of subdivision three of section «;hooi houses, four, title one, chapter thirteen of part first of the Kevised Stat- utes, or amendments thereof, shall not apply to any such build- ing or premises in the city, unless the same shall be exclusively used for such purposes, and exclusively the property of a relig- ious society. § 828. On the first day of May in each year, the commission- jj^^oSnp era shall cause to be prepared from the books of annual record 558 etc., exempt. 5 N. Y. 370: 8 Sand. 400: 13 X. Y. 220. ASSESSMENT BOLLS, AHSPHsm. ni of assessed valuations of real and personal estate in the city, rolls to be * J ' made. assessment rolls for each of .the several wards of said city, and shall annex to each of said rolls their certificate that the same is correct in accordance with the entries in said hooks of record. Roiis to b.- The rolls thus certified must on thefitst Mondav of July in each delivered to the ' J J supervisor*. year, he delivered hy the said commissioners to the hoard of aldermen, who shall meet at noon on that day, at the city hall in said city, for the purpose of receiving the same, and for the pur- pose of performing such othei duties in relation thereto as are prescribed hy law. c^Aa 68 ' * 8 ' 829. It shall ho the duly of the comptroller of said city to Duties of the. prepare and suhmit to the hoard of aldermen, at least four weeks comptroller. 1 1 hefore their annual meeting, in each and every year, for the pur- pose of imposing the annual taxes, a statement setting forth the amounts hy law authorized to he raised hy tax in that year, on account of the corporation of the city of New York, or for city purposes within said city, and also an estimate of the probable amount of receipts hit othc city treasury during the then current 1973,011.888,18. y Ca ,. f roni all the sources of revenue of the general fund, includ- ing surplus revenues from the sinking fund, other than the sur- plus revenues of the sinking fund for the payment of interest on the city deht; and the said hoard of aldermen areherehy author- ized and directed to deduct the total amount of such estimated receipts from the aggregate amount of all the various sums which hy law they are required to order and cause to be raised hy 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 deduction. comp 1 ^ 3, * § 830 - Jt sha11 be the dut y of the sai(1 Doartl of aldermen to Deficiencies to include in anv and every ordinance or resolution passed by them be provided for. i t • m imposing and levying taxes for any purpose or purposes author- ized by law, such sum, in addition to the aggregate amount re- quired for such purposes, as they shall deem necessary, not exceeding three per cent, of said aggregate amount, to provide for deficiencies in the actual product of the amount imposed and levied therefor. 1871, en 5T3, is, §831. The tax or assessment rolls, when finally submitted Comp. 5G1. ' * Assessment to the board of aldermen on the first Monday of July in each in custodv of and every year, shall remain in the custody of said board, but the president of said board may, by written permission, permit access to them, and he is hereby, in the name of the board of aldermen and as its act, authorized and directed to cause to be Tax w be ex- properly estimated and computed the taxes annually imposed, tended therein. ' * 1 « and cause the same to be properly set down or extended in the several assessment rolls or tax books, as required by the next section. It shall also be the duty of said president to cause -the VSSKssMKNT HULLS. II x rk items of said taxes to he carefully added and to set down. the amount of the same therein ; and w hen completed todehver the gSJSjJgJj&J tax hooks relating to real estate to the clerk of arrears, in order ^g^^JSw that the unpaid water rents of each preceding year maybe en- " i ' l rr " 11 - tered therein. After such completion of the assessment rolls or tax hooks it shall ho the duty of the clerk of the hoard to pro- cure from the members of the hoard of aldermen the proper warrants authorizing and requiring the receiver of taxes to collect the several sums therein mentioned, according to law ; and immediately thereafter the president of the hoard shall de- livor the said assessment rolls, with the warrants aforesaid an- nexed thereto, to the receiver of taxes ; at the same time notify- ta^tobe ing the comptroller of the amount of taxes in each hook, in order !!?,',',',';!',; in'. ', that he may cause the proper sum to he charged to the receiver for collection. ^ vj S32. At such annual meeting they must make such altera- .J,'-' 1 ' Hons in the description of real property helonging to ndn-resi- r > mp ;'j? * r 1 1 " ° Descriptions pi dents as mav he necessary to render such descriptions conform- r,ii1 pn.pertyof ' ^ 1 non-residents ahle to the provisions of law : and if such alterations cannot he «<> Reexamined, made, they must expunge the descriptions of such real property, and the assessments thereon, from the assessment rolls. They ; ^--»'"" <•' must also estimate and set down in a fifth column, to be prepared j^fsra! 1 !! for that purpose in the assessment rolls, opposite to the several sums set down as the valuation of real and personal property, the respective sums, in dollars and cents, to be paid as a tax thereon, rejecting the fractions of a cent. They must also add §!S!2^^ U . up and set down the aggregate valuations of the real and per- ^ comptS>n^! sonal property in the several wards, as corrected by them ; and must transmit to the comptroller of this State, by mail, a certifi- cate of such aggregate valuations, showing separately the ag- gregate amount of the real and personal property in each ward, as corrected by the board. § 833. They must also cause the assessment roll of each ward, ™ or *f u , r n when corrected according to law, and finally completed, or a t.. n.- .i«-iiv,- r .-.t , , ' to receiver of fair copy thereof, to be delivered to the receiver of taxes in and for said city, on or before the first day of September thereafter, with the proper warrant or wan-ants annexed, under the hands and seals of the board of aldermen, or any five or more of them, directing and requiring him to collect from the several persons i^s,.-),.^. named in the assessment roll, the several sums mentioned in oomp.wr. the last column of such roll, opposite to their respective names, and to pay the same from time to time, when so collected, to the chamberlain of the said city. § 834. If the aldermen shall willfully refuse or neglect to per- c^«jS! ,f85 ' form any of the duties required of them by the two preceding Penalty, sections, each member so refusing or neglecting shall forfeit to 318 BECECTEB OF TAXES. [fJ48,cb. 280, art. 1, $4. as amend- ed lN7.'j, ch. TOT, f 1, Corop. 505. Hond of receiv- er of taxes. < »f denpty. nsameii'li-.! 18*4, ch. 838, |G Comp. 5(5". Additional se- curity may l*e required. " is;3, ch. T6T, S3, Comp. 601. Duty of comp- troller to adjust accounts, etc. the mayor, aldermen, and commonalty of the city of New York the sum of one hundred dollars, to he recovered in a civil action: and shall also he punishahle for a misdemeanor. . ^3~>. The receiver of taxes shall, before entering upon the duties of his office, enter into a hond to the mayor, aldermen, aptd commonalty of the city of New York, with at least two sureties, to he approved hy the chamherlain of the said city, ora justice of the supreme court, in the penal sum of twenty livr thousand dollars, conditioned for the faithful jKM-formance of the duties of his office, and every such hond shall he a lien on all the real estate held jointly and severally by the receiver, or his sureties, within the county at the time of the tiling thereof, unless there be named and described in or on said bond, real i^tatc equal in value to the amount of said bond, and owned by said sureties or one or other of them, in which case the said ti'.nd, shall be a lien on such real estate so described, and upon all the* real estate of the said receiver, and no other, and shall continue to be such lien till 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 office of said re- ceiver, unless an action on said bond shall have l>een com- menced and shall then Depending: and the deputy receiver shall also in like manner, before entering upon the performance of the duties of his office, enter into a like bond, with the like sureties, in the penal sum of ten thousand dollars, conditioned for the faithful performance of the duties of his office, which said bonds, when so approved, shall be forthwith bled in the office of the comptroller of the said city. ;j 830. If at any time during the continuance in office of the said receiver of taxes, or of the said deputy receiver, the comp- troller shall deem the sureties of them or either of them insuf- ficient, he may require the said receiver of taxes, or the said deputy receiver to enter into a new bond with the like sureties, and to be approved in like manner as hereinbefore prescribed, within such time as he may direct, not being less than ten days after requiring such new bond to be given; and in case of the neglect or refusal of such officer to furnish such bond within the time so directed the comptroller may declare his office vacant. § 837. Upon the expiration of the tenn of office of the said receiver or deputy receiver, and within one year thereafter, .it shall be the duty of the comptroller to examine and adjust the accounts of such receiver or deputy, and if found correct to cause a certificate to that effect to be filed with the bond of such officer; and such certificate so filed shall be a full discharge and I M'AID TAXES. 310 satisfaction of the conditions of such bond, and the Lien or liens thereby created. > s;is. The office of said receiver of taxes sIklII l>e kept at BUCh place in the said city as shall he, from time to time, by or- dinance of the common council, assigned for that purpose, hut subject to the other provisions of this act; and shall be kept open on each day in the year (Sundays and puhlie holidays excepted) from the hour of eight in the forenoon till two in the afternoon. § 839. Subject to the direction of the comproller, it shall be the duty of the receiver of taxes personally to receive all taxes which may he paid at the said office; and of the deputy receiver to retain the possession in the said oftiee, and not elsewhere, of the warrants and assessment rolls which shall, from time to time, he delivered to the said receiver by the aldermen or comp- troller. § 840. The receiver of taxes, upon receiving the assessment rolls and warrants, shall proceed to collect an^ receive the said taxes from the several persons assessed in the said assessment rolls in the manner hereafter mentioned. § 841. The said receiver shall, immediately after he shall have received the said assessment rolls, give public notice in the City Record, and when authorized as provided in section sixty-six of this act, in six or more of the public newspapers printed in said city, that said assessment rolls have been delivered to him, and that all taxes are then due and payable; and that in case of payment on or before the first clay of November thereafter, the person so paying shall be entitled to the benefits mentioned in the next section. § 842. 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 he the duty of the said receiver to receive the same and to deduct therefrom interest, at the rate of six per cent, per annum, be- tween the day of such payment and the first day of December then next succeeding. § 843. If any such tax shall remain unpaid on the said first day of December, it shall be the duty of the said receiver of taxes, in said city, to charge, receive and collect upon such tax so remaining unpaid onthat day, in addition to the amount of such tax, one per centum on the amount thereof, and to charge, receive, and collect upon such .tax so remaining unpaid on the first day of January thereafter, interest upon the amount thereof at the rate of seven per oentum per annum, to be calcu- lated from the dav on which said assessment rolls and warrants lH-Ui,i'h.£M,«rt. i, jii, OompJW « ifflce » hen i" be kept as amende' 1 18ft, oh. 888, 18. S.- l-'.'l.eh §3$. Comp. 70. Taxes paid ai the office, how received, 1848, ch. I80,art, l, |8, Comp. 668. Duty of receiver. 18G0,ch.l21,ft2 Comp. 563. Receiver to give notice, 1843. el), aao. art. 2, §4. n* amended 1880, ch. ia, si2i>. Comp. 5w. I881;ch. 88, I'er centum and interest to be charged on unpaid taxr.s 1881, ch. 33, $2. 1843, ch. 880. art. a, 18o0,ch. 121,f31. Comp. G6& 390 COLLECTION OF TAXKM. shall have been delivered to said receiver of taxes to the date of payment; and such increase or percentage shall be paid over and accounted for by such receiver from time to time as there- inbefore described, as a part of the tax collected by him. The same rate of interest shall be charged upon any tax levied in the year eighteen hundred and eighty, or since said year, and remaining unpaid. ten, cb. 88i, s, § 844. It shall be the duty of the said receiver to charge, col- 1881. cb, 88, fa lect, and receive upon all taxes remaining unpaid on and after the said first day of January an interest at a rate of seven per cent, per annum, to be calculated from the day on which the said assessment rolls and warrants shall have been delivered to the said receiver. i8Bi.oh.8B, |i. § 845 if an y taxes of any year shall remain unpaid on the taxes to pub- Jit st day of November, after the assessment-rolls and the war- lish notice, mm i « i -it rants to collect such taxes have been delivered to the receiver of taxes in the city of New York, it shall be the duty of said receiver to give. fTublic notice by advertisement for at least ten days in two of the daily newspapers and in the City Kecord, printed and published in said city, respectively, that unless the same shall be paid to him at his office, dn or before the first day of September in any such year, he will immediately thereafter proceed to collect such unpaid taxes, as provider! in section eight hundred and forty-three, iem, ch. 881. §-\ ^ s-l*'.. The receiver of taxes shall, immediately after the first Comp. 5iJ. « ' rations, of ^ president or proper officer ot such companies, and it not paid, demanded. shall proceed in the collection and payment thereof, in the same t COLLECTION OF TAXES. manner as in other cases, and his receipt shall be evidence of the payment of such tax. Such taxes shall be paid out of the T ; ,ll,, i" 1111 " 1 " * J * or company a funds of the company, and shall be ratably deducted from the fund "- dividends of those stockholders whose stock was taxed, or shall l>e charged upon such stock, if no dividends be afterwards declared. S 849. The receiver of taxes shall enter into suitable books, U. art. 1. |g, to be kept by him for that purpose, the sums received by him h^w. $ i. for taxes, and at the expiration of the oilier hours for each day, Huitaw.-i u i c to be procured. and before three o'clock thereof, shall render a statement of the same to the chamberlain, and at the same time on each day pay over to said chamberlain the amount received on such day ; he shall also 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 comptroller of the said city. j? 850. It shall be the duty of the deputy receiver, from time ,''„'*,! to time, to enter in a column to be made for that purpose upon jjjjjji* fJSjJjf" the assessment rolls in his possession, opposite to the names of nw3w. the persons mentioned therein, and who shall pay their tax as aforesaid lo the said receiver of taxes, the fact of such payment, the amount thereof, and the day when paid, and to enter into suitable books, to be kept by him for that purpose, on each day such payments, with a statement of the ward for which the same were received, 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 comptroller of the said city a detailed statement of such sums, and of the ward for which received, and of the names of the parties respectively on whose account the same have been paid, which shall be filed bv the said comptroller in his office. The S*£ t # *» be J r Riven for comptroller shall, on each day, immediately after receiving- from Pimento, said deputy receiver the said statement, compare the same with a voucher furnished to him by the receiver of taxes and the chamberlain for the payment thereof to the chamberlain, and if the aggregate amounts thereof shall correspond, shall credit the said receiver of taxes in his books with such amount. §851.. If the receiver of taxes, or the deputy receiver, shall ims, chjeao, art on any day omit or neglect to furnish to the chamberlain, or to Receiver and the comptroller, respectively, the statements and vouchers re- suq^dedin quired by law. or to make the daily payments hereinbefore pre- sion or neglect . scribed, it shall be the duty of the comptroller forthwith to sus- pend from office the party delinquent. In case of such suspension, the comptroller shall appoint a suitable person to perform the duties of the officer so suspended, who shall con- tinue to act as such officer, with all the* powers conferred upon him by this title, until the party suspended shall be i OU.KC'I lo.N (>! J'A X Ks. , Id. |1S, Comp. 501. Provision in ease of their sickness or absence. 1871, eh. .W. |S, Comp. 573. Collection of unpaid personal tax by distress nnd sale ,1881, eh. 31 1S4o. ch. m. i'J. Comp. 580. Costs to be col- lected in addi- tion to tax. lS43.eh. 230,art. 3. §10. Comp. 568. Duty of sheriff or marshal restored, or another person shall have been appointed. On mak- ing such temporary appointment, the comptroller shall he required to take from the party so appointed A bond, with two sufficient sureties, to he approved hy the chamberlain and filed with the said comptroller, iu such penal sum as the said cham- berlain 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 prescrib- ing the duties of the said receiver of taxes, and tho said deputy receiver, shall apply to the person or persons so appointed in their stead by the comptroller. 852. In case of the inabilit y of the receiver or of the deputy receiver to perform the duties of his office by reason of sickness or absence from the city, the comptroller shall designate some suitable person to perform the duties of his office during such inability, and shall, in his discretion, take from such person a bond, with sufficient sureties, in the maimer prescribed in the preceding section. ? 853. It shall be lawful for the said receiver, if any tax for personal property and the interest thereon, as hereinbefore pro- vided, shall remain unpaid on the fifteenth day of the month of January, succeeding the receipt by him of the rolls, to issue his warant, under his hand and seal, directed to the sheriff, or any marshal of the city and county of New York, commanding him to levy the said tax. with interest thereon at the rate of seven per cent, per annum from the day of the delivering of the assessment rolls and warrants to the said receiver to the time when the same sball be paid by distress and sale of the goods and chattels of the persons against whom the said warrants 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 county, and to pay the same to tbe said receiver, and return such war- rants within thirty days after the date thereof. £ 854. In all cases where the said receiver sball proceed by distress and sale of the goods and chattels of any person for the payment of any tax djie 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 there- on, the costs of such distress and sale. £ 855. The sheriff or marshal to whom a warrant for the collection of any tax is issued shall give public notice of the time and place of sale of any property distrained by virtue thereof, and of the property to be sold, at least six days pre- vious to the sale, by advertisements to be posted up in at least three public places in the ward where such sale shall be made. The sale shall be by public auction. DISTRAINT FOR TAXES. § 850. If the property distrained shall he sold tor more than »" the amount of the tax, the surplus shall be returned to the per- trained to be son in whose possession such properly \v;is when the distress was made, if no claim he made to such surplus hy any other poison. If any other person shall claim such surplus, on the ground that the properly sold belonged to him, and such claim he admitted by the person for whose tax the same was dis- trained, the surplus shall he paid to such owner; hut if such claim ho contested hy the person for whose tax the property was distrained, the surplus moneys shall he retained hy the said sheriff or marshal until the rights of the parties shall he deter- mined hy due course of law. . g B5& J xi case of the refusal or neglect of airy person to pay {'I;,**, 12 ^*' any tax imposed on him for personal property, if there he Provision in - . t" . , ease of non-pay no goods or chattels m Ins possession upon which t lie same may manto* taxfor he levied hv distress and sale according to law, and if the prop* property. ° ' 1 5 Hun. it: erty assessed shall exceed the sum of one thousand dollars, the said receive! - , if he has reason to helievo that the person taxed has dehts, credits, choses in action, or other personal property, not taxed elsewhere in this State, and upon which levy cannot be made according to law. may thereupon in his discretion make application, within one year, to the court of common pleas of the county, or the supremo court, to enforce the payment of such tax. The court may impose a fine for the misconduct J-'ineinaybe J ■ r imposed equal mentioned in this section, sufficient in amountf fdr the payment x °*™ t&x and of the tax assessed, and of the costs and expenses of the pro- ceedings authorized hy this title to enforce such payment, or to punish such misconduct ; and the amount of such tax shall be paid out of such fine to the said receiver, who shall pay 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. ^ S5S. Whenever any bond taken under the proceedings re- Id < in- ferred to in the last preceding section shall be ordered to be cute e to operate prosecuted, such order shall operate as an assignment of the meat of bond to bond to the said receiver, who shall be authorized to prosecute the same in any court of record, in his name as such receiver, as the assignee of the officer to whom the bond was given, in the same* manner as in other actions on bonds with conditions to perform covenants other than for the payment of money: and the measure of damages in such action shall be the extent of such tax, and the costs and expenses of the proceedings to enforce the payment thereof, and shall bo applied and paid in like manner as the fine mentioned in the next preceding section is therein directed to be applied and paid ; and in all such 324 I'KKSONAI, TAXKS. Comp. 585. Receiver of luxes, duty nf. under net. lsiii. eh. 804, S». < 'niiigi. 686, -Duty of attor- ney, ete. Id. §o. Proceed tags where court is convinced that tax cannot t>e paid. Id. §§6. 10, Comp. 585. Books to be kept by attor- ney, etc. actions, if the plaintiff recovers, he shall recover all costs against the defendant* § 859. It shall be the duty of the receiver of taxeb to send or < anse to be sent to the "attorney for the collection of •arrears of personal taxes," monthly, all 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 mar- shals of said city and county has been issued and unsatisfied for a period of sixty days, or returned unsatisfied in whole or part, and of all other cases of personal taxes, except in those cases where the comptroller may extend the warrant, when applica- tion to any court may be made .for the collection of the tax, and the said attorney is authorized to make requisitions upon the said receiver for all such cases. ? st'id. The attorney for the collection of arrears of personal taxes shaft, subject to the control of the counsel to the corpora- tion, be 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, subject to such control, act as attorney and counsel to the receiver of taxes, , and to any marshal acting under the warrant of Said receiver in the collection of any tax for personal property. § s«; l . The court in whklfany proceeding may be commenced to enforce the payment of any tax for personal property, may in any case where it shall be satisfied that the person or persons taxed are unable for the want of property to pay any tax, dis- miss the proceedings absolutely without costs, or conditionally upon the payment of costs, or may dismiss such proceedings on the payment of such- part of the tax and costs as shall be just. In cases where any proceeding shall be dismissed under this section, on payment of a portion of the tax, a copy of the order of the court shall be filed with the receiver of taxes, and a note of the contents of such order entered upon the assessment roll, and it shall be the duty of said attorney to report all cases dis- missed on account of the inability of the person to pay the tax to the commissioners of taxes and assessments, annually, oh the thirty-first day of December in each year ; and said commis- sioners are hereby authorized to strike the names of all such persons from the assessment rolls for the succeeding year. § 862. The said attorney shall keep, in proper books to be provided by the corporation of said city for that purpose, a reg- ister of all actions or proceedings prosecuted, and upon the ex- ASSKSSMKNTS l'DH IMl'ROVKMKNTS. piration of his term of office, or his resignation thereof or re- moval therefrom, said attorney shall deliver to his successor in office all books and papers in his hands belonging to his office, or delivered to him by tin- receiver of taxes, or any marshal of said city, and in anyway connected with his office, or any husi- ness pertaining thereto. The said attovnev shall pav over, t.. »i,..,„, an,., * p » * * ' ney to pav over under oath, (o the receiver of taxes of said citv, nionthlv. or •"*•,"{ "' ''• iv " ' " ' « ' ■ by mm. oftener if required, all taxes collected by him. I 863. Any tax duly imposed for personal properly upon any • {jJJJ^jjgj -! person or corporation in the citv and count vol' New York, and "'hen "recall • . _ . ill «• er " mav pro*- which shall remain unpaid and m arrear on the fifteenth dav ot out.- for tax 1 I'll on por* 01 " 1 ' January succeeding ; ^t he year in winch it shall have heen im- i«-oi>-it> posed, may he recovered, with interest and cost-;, hy the receiver of taxes of said city, in an action in any court of record in this State. • § m'>4. Thi> counsel of the corporation, whenever he may m- »<-■ deem it essential to the public interests, shall assume, conduct, tion counsel and control any suit or proceeding contemplated under the pro- 'iiiHun!!!!' visions of the five preceding sections, and employ counsel in ' cases connected with the assessment and collection of taxes. Title 2. — Assessments for Improvements other than Opening and Closing Streets, etc. — For what purposes Assessments may he Imposed and How. — '• > • * jj stuK The commissioners of taxes and assessments shall from i .-i,r^.-^,.- ( . • . •!<• . ,„ , , . ' . -, a* 5 amended time to tune appoint four skillful and competent disinterested i*k», ch. «*, * . .. . Conip. 558. persons, citizens pf the United States and residents of the city Assessors, of New York, who shall constitute a hoard to be known as the fnSy'wfia hoard of assessors, and who shall he charged with the duty of Y\mfiiBm. making the estimates and assessments required by law for m.^h^.i'!'. budding wells, erect ing pumps, pitching, paving, regulating and repairing streets, relaying pavements, constructing sewers, fencing vacant lots and public slips, and all other improvements directed by corporation ordinance for which an assessment may be made. § S66. The said board of assessors, or a majority thereof, c«mp*56a' |1P ' shall make all estimates and assessments, give all notices, re- Board of _ j - e made the deputy commissioners of taxes of the ward in which the property assessed is situate, and by inquiry of the receiver of taxes as to such ownership, and such persons shall afford the requisite information. . 044. proved or unimproved lands more than one halt the value of Amount at such house, lot, improved or unimproved land as valued by the istobeaa?"^ 5 M8MMV8 of the ward in which the same shall be situate. w n'y _ g 871. It shall be the duty of the board of assessors when ton. v.^i thev have completed any assessment to give notice to the owner uHln.it: ii ■T t ' <• Hun 381; 74 or owners, and to the occupant or occupants ol all houses and n. v. cio : :.; lots and improved or unimproved lands affected thereby, that i?° Y ' .^Jj 75 they have completed the estimate and assessment; such notice iMi.cn. m. §i shall be published daily in the City Record, and when authorized Noucetobo pursuant to the provisions of section sixty-six of this act, in at pi^n'ofesti least two of the daily newspapers, for ten days successively. i"^men?. 88 " The notice shall describe the limits embraced by such assess- ment, 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 writing to the chairman of the as- sessors within thirty days from the date of such notice, and if after examining such objections, the assessors shall not deem it proper to alter their assessment, or having altered it, there shall still be objections to the same, it shall be their duty to present such objections, with the assessment, to the board of revision and correction. 872. The board of assessors are hereby empowered and ■.^VnmMki directed to assess upon the property intended to be benefited, in the manner provided by law for making assessments for local improvements, the expense now incurred, or which shall here- after be incurred by the mayor, aldermen, and commonalty, for the construction of sewers in portions of the city not embraced within the limits of any sewerage district, and said assessments shall be confirmed and collected in the manner provided by law for the confirmation and collection of assessments for local im- provements in the city; provided that no premises on which an assessment for a sewer was, before April twenty-sixth, eighteen hundred and seventy, paid or vacated by an order of the su- preme court, shall, by reason of anything contained in this sec- tion, become liable to be again assessed for the same improve- ment; and further provided that the expense 1 of making any new 1WYMKNT (.1 AWAIiDS, iris. oh. r.s. |8, Comp. 058. Assessors to estimate loss and damage to owners of land, and make award of amount, BS How, 2A); ■111 How, 403; (J Daly. 1H: S Y. IWt; 7 Hun. 281: 64 N. Y. 600: a Hun, 755 ; 62 N. Y. 8M; H. L, lHl.'t, oh. 80. 1877, rb 164, Comp. 67!). Owners, etc . of lands entitled to dumoges caused by clmngo of grade. Owners, etc., of lauds entitled to damage* caused by change of grade. Ascertaining and assessing of damage. Proviso. assessment, pursuant to this section, shall be home by the mayor, aldermen, and commonalty. § R73. In all cases where the grade of any street or avenue which was estahlished south of Sixty-third street on or before March fourth, eighteen hundred and fifty-two, or which has been since, or shall hereafter be established north of said Sixty second street, shall be changed or altered in whole or in part, it shall be the duty of the board of assessors to estimate the less and damage which each owner of land fronting on such street or avenue will sustain by reason of such change to such lands, or to any improvements thereon; and make a just and equitable award of the amount of such loss or damage to the owner or owners of such lands or tenements fronting on such street or avenue and opposite thereto, and affected by such change of grade, and the amount of such award shall be included in the expense of such proceeding, and with such expense shall be as- sessed as provided in and by section eight hundred and seventy* seven. $> 874. All persons owning lands and premises in the Twen- ty-third and Twenty-fourth wards shall be entitl< d to compensa- tion for all damages to their buildings and improvements result- ing from the change of the grade of the street or avenue running in front of the lands or premises owned by them, where such grade lias been or shall be changed by the department of public parks, or other department or competent authority of said city, in the following cases: I. Where the original grade has been established by the board of trustees of the town of Morrisania, •or by the commissioners appointed by chapter eight hundred and forty-one of the laws of eighteen hundred and sixty-eight, or by any commissioners appointed by any act of the legislature of this State, where, in either case the street or avenue has been graded in accordance with such grade, or where, in either case, the buildings and improvements have been erected or made since the establishment of such grade. 2. Where the original grade has been heretofore estahlished by said department of pub! it- parks, or shall hereafter be established by said department, or by any department or competent authority in said city where the street or avenue has been or shall be graded in conformity to such grade, or where the buildings and improvements have been or shall be erected or made subsequent to the establishment of such grade. Such damages shall be ascertained and assessed in connection with, and as a part of the expenses of, the grad- ing of the street or avenue in conformity with the grade as changed; provided, however, that in cases where the street or avenue was graded prior to June 16, 1877, in conformity with the grade as changed, and an assessment of the expense thereof I *. \ MIST <>| ^ w \ i;i>s. had been then and made final, no damages shall be allowed or recoverable under this section, but where DO assessment had been then levied and made final, damages --hall 1m- allowed and be recoverable as hereinbefore provided. S 873. Unless it shall be petitioned for by a majority of the ^n'/ 1 ' owners of the property (who shall also bo the owners of a ma- jority of the front feet) on the lino of the proposed improve- ment, no assessment shall be imposed for the paving of any street, avenue, or public place or any portion thereof, which street, avenue, public place or portion has been once paved and the expense thereof paid by the owners of the adjoining prop- erty. s7(>. The mayor, aldermen, and commonalty shall, within ^mp'tiM' $l ' four months after the confirmation of the assessment of the Amount of i nii • award to be assessors, made in pursuance of the last section but one, pay to paw by mayor the respective parties entitled thereunto, the amount of such ^J 1 . ^-. ^- fi awards in their favor respectively; and in case of their neglect J- d ^, ; ^ or default to pay the same after demand made therefor, it shall be lawful for the person or persons entitled to the same to sue for and recover the amount of said awards, and in case any such award or compensation shall be paid to any person or persons not entitled thereto, when the same ought to have been paid to some other person or persons, it shall be lawful for the person ^™ rfeht'pi'r or persons to whom the same ought to have been paid to sue for ^""r 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 respectively to - whom the same shall have been so paid ; provided that when the name or names of the owner or owners, party or parties are not set forth in the report of the assessors, or where the said owners, parties, or persons respectively, being named therein shall be insane, a married woman under the age of twenty-one years, or absent from the city, or after diligent search, cannot be found, or their title to receive such awards disputed, it shall be lawful for the said mayor, aldermen, and commonalty to pay the sum or sums mentioned in said report, or that would be coming to such owners, parties, and persons respectively, to the chamberlain, to be secured, disposed of, - and improved as the superior court shall direct, and such payment shall be as valid and effectual in all respects as if made to the said owners, parties, and persons re- spectively themselves, according to their just rights, if they had been known and had been present, of full age, single women, and of sound mind. Upon payment of any such sum or sums to the said chamberlain, the said commissioner of public works or other officer of the corporation by whom °iuch payment shall 330 CoNSTKlCTlOX OK SKWKKS, KIT 1871. eta. .'.*18, i-! Omnp. 191. Expenses incurred, how assessed upon property benefited 1818, eh.H0,J17j, Clomp. 087. Sewers to be made, streets paved, etc. See 1824, eta. 48. Expenses, how i-stinmted and assessed. 49 How. 405 ; 39 \. Y. Snpr. y.V>; (10 N. Y. 0'.-.'; 8 Hun, 7.">.j; 88 id. 634: M X. Y. 518:44Barb. W. 't'o be rat Ifled by common council. Agreement between land lord and tenant, not affected. Persons paying for others "to recover back. 1313, cli.86, J870. Comp. 089. be made, shall forthwith give notice thereof to tlie -.ml -uperior court. § 877. The expenses incurred by the mayor, aldermen, and commonalty under section three hundred and twenty-three, shall be assessed by tlx' board of assessors upon'the property benefited, and all provisions of law relative to the collection of assessments for local improvements shall apply to such assess- ments. § 878. It shall be lawful for the mayor, aldermen, and com- monalty to cause common sewers, drains, and vaults to be made in any part of the city, and to order and direct the pitching and paving the streets thereof, and the cutting into any drain or sower, and the altering and amending of any street, vault, sink, or common sewer within the said city: and the raising, reducing, leveling, or fencing in any vacant or adjoining lots in the said city; and to cause estimates of the expense of conform- ing to such regulations to be made, and a just and equitable assessment thereof among the owners or occupants of all the houses and lots intended to be benefited thereby, in proportion, as nearly as may be, to the advantage which each shall be deemed to acquire; and the assessors, after having made such estimate and assessment, shall certify the same in writing, and being confirmed, it shall be binding and conclusive upon the owners and occupants of such lots so to be assessed respectively, and shall be a lien or charge on such lots as aforesaid, and such owners or occupants shall also respectively be liable, upon de- mand, to pay the sum at which such houses or lots respectively shall be so assessed, to such person as shall be appointed to re- ceive the same ; and the money when paid shall be applied towards making, altering, amending, pitching, and paving such streets, and making and repairing such vaults, drains, and sewers as aforesaid, and raising, reducing, leveling, or fencing in such lots as aforesaid; provided, however, that nothing herein contained. shall affect any agreement between any landlord and tenant respecting the payment of any such charges, but they shall be answerable to each other in the»same manner as if this title had never been made; and if any money so to be assessed be paid by any person, when by agreement or by law the same ought to have been borne and paid by some other person, it shall then be lawful for the person paying, to sue for and re- cover the money so paid, with interest and costs, as so much money paid for the use of the person who ought to have the same; and the assessment aforesaid, with proof of payment, shall be conclusive evidence in such suit. § 879. It shall and may be lawful for the mayor, aldermen, and commonalty, in all cases where they may deem it necessary FILLING DP ami RAISING LOTS. for the more speedy execution of any laws, by-laws and ordin ^J'/.^ nances, orders or directions, or any of them, which the said ' , , corporation are authorized to make, to cause all such works as g ) ^ fl ^ . w may be necessary for any of the purposes specified in the two ,N preceding sections or in section live bundled ami sixty-one, or any part thereof, to l>e executed ami done at their own expense, on account of the persons respectively upon whom the same may be assessed, and they shall have foil power, and are hereb] authorized to recover the amount of every such expense, by action in any court of r?cord, from the persons respectively on whose account the same shall have been incurred, their respective heirs, executors, or administrators, in all which actions they shall also recover lawful interest upon the said amount, with full costs of suit. The amount of every such expense which the [an.comp.eso mayor, aldermen, and commonalty shall pav as aforesaid, on kxi»-»s.-s a n.-n account of others, shall be a real incumbrance upon the houses a**'* 5 ^ and lots in respect to -which such assessments as aforesaid shall have been made, and shall bear lawful, interest until paid, and the same may be recovered, or the payment thereof, with costs, enforced in like manner as if the said houses and lots were mort- gaged to the said mayor, aldermen, and commonalty for the l.'^', "-"' payment thereof, and shall be a real incumbrance upon the said houses and lots, lands and tenements, which maybe sold for any such assessment thereon. § 8S0. It shall and may be lawful for the mayor, aldermen, and commonalty, in all cases where they may deem it necessary t.^raNinKoV for the more speedv execution of any by daw or ordinance *-te. • • - - ± i. • • \ . i 3« How. 390: requiring the owner or joint owners, agent or joint agent, lesseo m Barb. 225 or joint lessees, and occupant or joint occupants of any lot or lots, to fill up or raise such lot or lots forthwith upon the passage of such by daw or ordinance, or at any time thereafter, when they may deem it expedient to cause such lot or lots to be filled up or raised, at their own expense, on account of such owner or owners, agent or agents, lessee or lessees, and occupant or occu- pants respectively; and the said mayor, aldermen, and com- monalty shall have full power, and are hereby authorized to recover the amount of every such expense, by action in any court of record, from the persons respectively on ^fcose account the same shall have been incurred, their respective heirs, executors, or .administrators; in all which actions they shall also recover lawful interest upon the said amount, with full costs of suit. And further, the amount of the moneys which the mayor, alder- Anount men, and commonalty shall have advanced for the above pur- i;en, etc. poses, with lawful interest for the same, shall be deemed a lien on such lot or lots, and such lot or lots may be sold therefor, in the same manner as if the said amount and interest had been charged on the said lot or lots by virtue of an assessment. :>•'.■> PUBLIC CISTERNS, ETC IS80, ch. *I7, $1 1835, eh. m.tftV 'J, 3, Comp. 158J Kxpense. Id. IHi; , ch. :J5, |1, Comp. CU3. 1813, ch. 86, S'-W, Comp. 690. Cisterns in public streets. Record of assessments confirmed, to be open to inspection. 1871, ch.381.§*>. Comp. 579. § 881. The expense which the commissioner of public works is authorized to incur by section three hundred and thirty-nine of this act shall he assessed and collected in the manner provided in this title and in title; four of this chapter, for levying and col Lectihg assessments for local improvements. § 882. The expense of conforming to any order or direction made in accordance with section seven hundred and twenty-one, 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 which any such water may be deepened, and which may in any manner be benefited thereby, in proportion, as nearly as may be, to the ad- vantage which each shall be deemed to acquire. Every such estimate and' assessment, after confirmation, shall be binding and conclusive upon the owners thereby assessed respectively, and shall be a lien or ( barge upon the property or premises in respect to which the same may have been made. § SS3. If any money to be collected under and by virtue of the preceding section, shall be paid by any person, when by agreement or by law the. same ought to have been borne and paid by some other person or persons, it shall be lawful for the person so paying to sue for and recover the money so paid with interest and costs, as so much money paid for the use of the person in- pei-sons who ought to have; paid the same, and the assessment aforesaid, with proof of payment] shall be sufficient evidence in such suit. § 884. Whenever, in the opinion of the mayor, aldermen, and commonalty, in common council convened, it shall be expe- dient to make a public cistern, or a public well and pump in any of the public streets, roads, or places in the said city, it shall be lawful for the said common council to order the same to be done accordingly, in such manner and at such places as they shall think most advisable, and the expense thereof shall be es- timated and assessed among all the owners or occupants of the houses and lots of ground intended to be benefited thereby, in the manner directed in and by section eight hundred and seventy-seven, and shall ho binding and conclusive, in the man- ner therein prescribed. S">5. There shall be kept in the office of the comptroller a full and complete record in detail of all lists of assessments con- firmed by the supreme court or by the board of revision and cor- rection of assessments, with the date and order of confirmation, which record shall be open to inspection during office hours, and the same shall be received as presumptive evidence of the facts therein contained. I'L'HLH ' (IsTKKNS, KTC i Sm». The commissioners of* estimate au, ch. «, fa ing viewed the premises, to lay out and determine, so far as the miasionere. same has not been already done, upon an area of assessment embracing the lands and premises on each side of the improve- ment, or as nearly adjacent thereto as said commissioners may deem to be benefited thereby, to cause a map of the same to be made showing the limits of said area of assessment, the names of the parties owning or in possession of the lands within the same, so far as the same can be ascertained, and the quantity of land belonging to such owner, and the quantity belonging to such uuknown owners whose names cannot be as- certained, and the location of the same on said map as nearly 334 IM I5I.K CISTKKNS, KTC. as they can ascertain the same, and to make a just and equitable assessment of the value of the henofit and advantage of such improvement to the respective owners, persons or parties in interest, entitled to or interested in the said respective lands and premises within said area of assessment, in proportion as nearly as may he to the advantage which each shall he deemed to ac- quire thereby, and in each and every case where the owners or I >.ii ties in interest, or their respective estates and interests are notkntAvn or are not fully known to the said commissioners, it shall be sufficient for them to assess and set forth in general terms the respective sums to he paid by the owners and proprie- tors generally of said lands and premises and parties interested therein, and to report the same to the supreme court without iKH...-h. >i anv unnecessarv delav. All sums of monev which have been Kxpcns«;s to be , , i j-i iM.m.-i.y ,.in or shall hereafter he awarded under and according in the nro lien bencllti .l. . . , 1 visions of the acts mentioned in- the preceding section to the owners and parties in interest in the lands and premises taken, or which shall hereafter be taken for the purposes of the im- provement of the Harlem river and Spuyten Duyvil creek, as just compensation to be made to them for such lands and prem- ises, and the cost and expenses of estimate; assessment, and other proceedings necessarily taken or to he taken under, and authorized by, said acts, shall be home and paid by the parties and persons interested in and entitled as owners or otherwise to the lands and premises deemed to be benefited by said improve ment, and the same shall be assessed upon such parties and per- li sons, lands and premises. An abstract of the assessment of said Abstract to be . . . . . , . - , . - . , m.t.i. commissioners, containing the names of the owners of the par- cels of land, so far as the same can be ascertained, the numbers and descriptions of such parcels as they appear upon said map, together with such map, the amount of assessments made against each owner or party in interest, and also all affidavits, estimates or other documents, which were used by said com- missioners in making their said report, shall be deposited in the clerk's office of the city and county of New York, for the in- spection of whomsoever it may concern, for at least thirty days Notice. hefore said commissioners make their report to said court. They shall give notice of the time and place of making their said re- port to the court, and of the filing of said abstract, by advertise- ment to be published for and during the space of twenty days previous to making said report, in at least four of the public newspapers printed in said city, and by posting copies of said advertisement in hand-bills to be posted up for the same space of time in three conspicuous places adjacent to said improve- ment. PUBLIC CISTERNS, ETC. 335 $ 888. Anv poison or party whose rights may he affected bv 11 »' _ , , « . , iiiuhtH uf ixT- the said assessment, and wlio shall ob|cct to 1 1 m ■ same or anv » . <• ii r> i i- r property l» part thereof, may. within ten days alter tho hrst publication of «ir.,t.-.i the said notice, state bis, her. or their objections to the same in writing to the said commissioners, which statements shall not bo received by them unless verified by his, her, or their Bifida vits, or the allidavits of other persons; and it shall bo the duty of the said commissioners, in all cases, to transmit to said court, together with their said report, all the written statements and allidavits which may have been served upon them within the time aforesaid. And at tho expiration of the Baid ten days l > ;,' 1 ', , .V.r )l V..'i 1 '° it shall be the duty of the said commissioners to give at least ten days' notice, by publication as aforesaid, of a time and place when and where any persons, w ho may consider themselves aggrieved by such assessment, shall be heard in opposition to the same; and the said commissioners shall have power to ad- journ from time to time, within the space of ten judicial days, until such person or persons are fully heard. Said commis- sioners, or such of them as shall make such assessment, in case any objections be made to them and stated in writing, and veri* tied as aforesaid, shall reconsider their said assessment, or the part or parts thereof so objected to, and in case .the same shall appear to thenT to require correction, but not otherwise, they shall and may correct the same accordingly. § 889. Upon the coming in of said report, signed by said com- im - ch - 6S > missioners, or any two of them, the said court, at a special term coming in of thereof, shall, after hearing any matter which may be alleged against tho same, either confirm the same report or refer the same to the same commissioners for revisal and correction, or to new commissioners to be appointed by said court to recon- sider the subject-matter thereof, and the commissioners, to whom said report shall be so referred, shall return the same re- port corrected and revised, or a new report to be made by 'them in the premises, to the said court, and the same, on being so % re- turned, shall be confirmed or again referred by the said court in manner aforesaid as right and justice shall require, and so from time to time until a report shall be made in the premises which the said court shall confirm, and such report, when made, shall be final and conclusive upon the owners, persons or parties in interest and entitled to any lands and premises mentioned in said report, and, also, upon all other persons and parties what- soever; and the several assessments thereby confirmed shall thereupon become a lien upon the several lands and premises so as aforesaid severally assessed to the extent of the amount so assessed upon each parcel set forth in said report within said area of assessment. PUBLIC CISTERNS, ETC, I<1. $o. Sums UMMed In lie paiil In the comp> trailer. When t - |NlM. Intcn ho Tax «nrr.-\nl tii ihsui' What to contain. Warrant only to issue for excess of hen- efit over com- pensation. $ h90. The sums assessed for benefit as the same shall appear by the report of assessment so as aforesaid confirmed, shall be paid by the parties against whom the same are assessed, to the comptroller of the eity of New York, who is hereby authorized to receive and apply the same in the manner hereinafter direct- ed. After the confirmation of said report, the said comptroller shall forthwith cause a notice to be published for twenty days, in three of the public newspapers issued in said city of New York, of the confirmation of said report, that the assessments therein made are to be paid at his office within thirty days from the date of the confirmation of said report, without interest, and that if the same are not paid within ninety days from Mich confirmation, the proceedings provided for by this, and the. fol- lowing section, will be taken for the •enforcement and collection of the same, with interest thereon at the rate of eight per centum after thirty days from such confirmation. Said a->-->ment< may be paid to 'the said comptroller at anytime after the con- firmation of said report of assessment, and within thirty days thereafter without interest. And if not paid within thirty days thereafter, interest at the rate of eight per centum per annum -hall accrue and be paid upon the same until the same are paid, and as to all such assessments as shall not he paid within ninety days from the time said report of assessment is* confirmed, the said comptroller is hereby authorized and directed, immediately upon the expiration of said ninety days, to issue his warrant for the collection of such unpaid assessments. Such warrant shall be signed by the said comptroller and di- rected to the sheriff of the city and county of New York. It >hall contain the names of all the persons and parties assessed, who have not paid the sums assessed against them by said report of assessment, the amounts due from such persons and parties respectively; the number and description of the parcels of lands and premises assessed for benefit, owned by such persons or parties respectively, and the amounts due from unknown ow n- ers, if any, with the number and description of all parcels as- sessed to such unknown owners, as set forth in said report of assessment and the map filed therewith. If any such person or parties shall be the owners of, or interested in, any of the lands and premises taken for such improvement, to whom an award' for compensation shall have been made in said report of assess- ment as confirmed, the amount awarded for such compensation shall be deducted from the amount assessed for benefit, and the excess only shall be the sum inserted in said warrant as the sum to be collected from such persons or parties. Said warrant shall command the sheriff to collect from the persons and parties named in said warrant the sum or sums due from them respec- I'UBLIC CISTERNS, ETC, lively, with interest at the rati? of eight per centum per annum from and after tin I expiration of thirty days from the date of the confirmation of said report of assessment, pursuant to the provisions and under the authority of this act, and to return the same with the moneys collected thereon, to said comptroller w ithin the period of sixty days from the date thereof. The said comptroller is hereby authorized to renew said warrant after the expiration of said sixty days, from time to time, until the whole amount due for said assessments shall he collected. 3 SOI. The sheriff of the city and county of New York shall gy^SS* thereupof), hy virtue of said wan-ant and the authority hereby j'^' 1 " t ,.,, ,, (riven, collect the several amounts so directed to be collected from the several persons or parties named therein, and from the several lands and premises numbered and described therein, as belonging to such persons or parties, and he shall have the same power to enforce the collection of the same, or any renewal thereof, as if said warrant, or any renewal thereof, were an ex- ecution issued in due form of law upon a judgment of a court of record of this State, against the persons and parties named therein as against the several parcels of land and premises num- bered and described in said warrant. If any of the parcels nuni- unlniown " f bered and described inlaid warrant shall be assessed to unknown iXtpiid'" owners, and the amount ?o assessed shall not be paid to said sheriff within twenty days after said warrant shall have come into his hands, said sheriff is hereby authorized and directed, immediately after the expiration of said twenty days, to adver- tise the several parcels so assessed to unknown owners in the same manner and for the same period of time as in the case of known owners, except that for the name or names .of the per- sons or parties as set forth in the notice of sale, and other pro- ceedings subsequent thereto, taken by him, the description of " unknown owners " mav be inserted therein. Upon the return Assessment * bonds, when to by the said sheriff of the warrant lirst issued by said comptroller, be issued, as hereinbefore directed, if there shall be due and uncollected any of the sums assessed in said warrant directed to be collected, the said comptroller is hereby authorized, ou the security of said assessments so returned and unpaid, to raise on the assessment bonds of the city in the manner now provided by law, a sum not exceeding fifty thousand dollars, to be applied as in the fol- lowing section directed. All the collections of such assessments to the extent of the assessment bonds issued, and all proceedings taken for the enforcement and collection of the same shall be for the benefit of the said city of New York. ^ S92. From the moneys so collected by said comptroller, and t88i,ch.u,t& from the proceeds of said bonds, in case any have been issued p«™»w°"is! to pursuant to the provisions of the last section, be shall pay all :;:}s ITm.K CIsTKKNS, KTC. sums which have been awarded to the persons or parties us owners, or interested in the lands and premises taken or to be taken for the purpose of said improvement, ;is the same shall appear by the report of the commissioners of estimate, made in pursuance of the provisions of this title and the said acts, when confirmed, and the expenses, charges, and disbursements of the proceedings taken thereunder, as taxed and certified by a justice of the supremo court; and whenever it shall appear by the re- port of the commissioners of estimate, and by the report of the vwards to set commissioners of assessment, thai an award for compilation h.-s"mrnts imT.i for the lands t aken or to betaken lor the purposes of said hn- ticeM only to , . , ... i«'pn''i provement has been made to the same owners or parties in mter- • est, upon whom and upon whose lands and premises an assess- ment for benefit has been made in which the award for compen- sation is greater than the assessment for benefit, said comp- troller shall pay to said owners or parties in interest the excess only of such compensation so awarded over the amount assessed upon such owners or parties in interest; and whenever an as- sessment for benefit, upon the owners or parties in interest, of lands and premises within said area of assessment is made against the same owners or parties in interest to whom compen- sation is award" d for lands and premises taken or to be taken for said improvement, and*such assessment for benefit exceeds such award for compensation, such owners or parties in interest shall be liable to pay only such excess, and upon receipt of the amount of such excess, with interest, as above provided, said comptroller is hereby authorized and required to discharge such assessment and the lien created thereby. i«j8,dhW,|8, ;j st»3. In case any title or interest in real estate required by Proceedings the United States for said improvement shall be vested in any v^ted 1 ?n lclsaiv trustee not authorized to sell, release, and convey the same, or in any infant, idiot, or person of unsound mind, the supreme court shall have power, by a summary proceeding or petition, to authorize and empower such trustee, or the general guardian or committee of such infant, idiot, or person of unsound mind, to sell and convey the same to the United States for said improvement, on such terms as may be just; and in case any such infant, idiot, or person of unsound mind, lias no general guardian or commit- tee, the said court may appoint a special guardian or committee for the purpose of making such sale, release or conveyance, and may require such security from' such general or special guardian, or committee, as said court may deem proper. But before any conveyance or release, authorized by this section, shall be exe- cuted, the terms on which the same is to be executed, shall be reported to the court, on oath; and if the court is satisfied that such terms are just to the party interested in such real estate, PUBLIC CISTERNS, ETC. the court shall confirm the report, and direct the proper convey- ance or release to be executed, which shall have tho same effect as if executed by an owner of said land having legal power to ^ell and convey the same. so-l. The commissioners of the sinking fund of tho city of o^^im'^ 4 New York, or the mayor, aldermen, and commonalty of the ^{"""''kJ.^ city of New York, are hereby authorized to cede, grant, and author- convey to the United States, upon such terms, and for such con- sideration as may be agreed upon by and between said commis- sioners pf the sinking fund, or said mayor, aldermen, and com monalty, and the United States, all the estate, right, title, and interest of the city of New fork, in and to any part of said land required for said channel. Whenever any part of said land shall o^" -" 1 "' have been ceded by said commissioners of the sinking fund, pur- 9 suant to the authority hereby given, it shall be the duty • of said commissioners of the sinking fund, or a majority of them, • to give a certificate under their hands, that the same has been ceded, pursuant to the provisions of this act; and upon. the pro- Conve J" ancc duction of such certificate, and upon proof of due compliance, on the part of the United States, with the terms of cession, it shall be the duty of the mayor of said city, and the clerk of the common council, in the name and on behalf of the said mayor, aldermen, and commonalty, to execifte a proper conveyance of Bueh lands under their hands and the seal of said city. § 805. If, at anytime, after an attempt to acquire title by ^p^if' sr ' appraisal of damages or otherwise, it shall be found that the title Defecttretities. thereby attempted to be acquired is defective, the United States may proceed anew to acquire or perfect such title in the same maimer as if no appraisal had been made; and at any stage of such new proceedings, the court may authorize the United States, if in possession, to continue in possession, and if not in possession, to take possession and use such real estate during the pendency and until the final conclusion of such new proceed- ings; and may stay all actions or proceedings against any agent of the United States on account thereof on his giving security as the court may direct, to pay the compensation therefor when finally ascertained; and in every such case the party interested in such real estate may conduct the proceedings to a conclusion if the United States delays or omits to prosecute the same. The court in which proceedings taken undvr the acts referred to in w- § r - section eight hundred and eighty-six of this act may be pending may amend the same or any orders heretofore made therein, so as to make the same conform with the provisions of said section and the subsequent sections of this title. § 800. The cost and expense of the removal of the structure im < ch - ^ & of the reservoir on Fifth avenue, between Fortieth and Fort v- ^rfmovai of reservoir. I 840 \ A.CATINQ ASSESSMENTS. 185?, eta. 33*, $2. ns amended is i, eh. SOS. $2. C'onii). 719; 55 N. Y. 301; 3D N, Y. Sup. lie.*: 10 M.I. * 17 Id. 894; U id. IM; 17 How. 459; 23 Id. 118. 1S58, ch. 33H,$41. 2, as amended 1874, ch. 312, |fi, 2, Comp. to. 1870.ch.3X';. > Conip. 720. Fraud or sub- stantial error in assessment, reined v for. 75 N. V. 324,3s.". 391; 10 Al)b. N S. 234: a N. Y. 224; 18 How. 317; 11 Abb • 164; 79 N Y. 384; 14 Abb. 58; 1 Abb. N. S. 110; 81 How. 16: IS How. 4'iO; 18 N. Y. 100; 8 Hun, 513: 52 N. Y\ 80; 50 K. Y. 509; 68 N. Y 210; 55 How 296; 76 N. Y. 174; 77 N. Y 170; 69 N. Y". 452; 78 N. YV 109, 601; 20 Hun. 346 ; 41 Barb. 46; 19 Abb. 140: 36 How. 3jX); 54 Barb. 225 ; 6 Rob. 463 ; 51 Barb. 275 ; 60 id. 877, 26, 457; 17 Hun. 527: 18 id. 327;23How.l78. Assessment to be vacated for fraud or error. 1872. ch. 580, §7. as amended 1874. ch. 313, §1. Comp. 723. Assessment not to be set aside for irregularity, etc. 55 ST. Y. 361 ; 60 id. 16; 62 id. 224. 580 ; 66 id. 395: 67 id. 441 ; 70 id. 490 ; 2 Hun, 221, 281; 3 id. 65; 5 id. 287, 442: 6 id. 68 : 62 N. Y. 618, 624: 5 Dalv.347: second streets, and of grading the ground now occupied by it, shall be paid by tbe owners of property within the following limits: The westerly side of Sixth avenue, the Southerly side of Thirty-seventh street, the easterly side of Madison avenue, and the northerly side of Forty-fifth street; the same to l)e assessed and collected by the board of assessors in like manner as assess- ments for local improvements. Title 3. — VacfUing and Modifying Assvastjitnts. ,; : s !»7. No suit or action in the nature of a bill in equity or otherwise shall be commenced for the vacation of any assess- ment in said city, or to remove a cloud upon title ; but owners of property shall be confined to th -ir remedies in such rases to the 1 proceedings under this title. ,i S'.is. If, iii the proceeding- relative to any assessment or assessments for local improvements, or in the proceedings to collect the same, any fraud or substantial error shall he alleged to have been committed, the party aggrieved thereby may apply t<> a judge of the supreme court, in special term or in vacation, who shall thereupon, upon due notice to the counsel of the cor- poration, proceed forthwith to hear the proofs and allegations of the parties. If, upon Rich hearing, it shall appear that the alleged fraud or substantial error, other than such errors as are specified in the next section, has been committed as provided in this title, the said assessment shall be vacated or modified, and the lien created thereby, or by any[subsequent proceedings, shall cease. If, upon such hearing, it shall appear that, by reason of any alleged irregularity, the expense of any local improvement has been unlawfully increased, the judge may order that such assessment upon the lands of said aggrieved party be modified by deducting therefrom such sum as is in the same proportion to such assessihent as is the whole amount of such unlawful increase to the whole amount of the expense of such local im- provement. § 899. No assessment heretofore made or imposed, or which shall hereafter be made or imposed for any local improvement or other public work in the said city, 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 adver- tising any ordinance, resolution, notice^ or other proceeding relative to or authorizing the improvement or work for which such assessment shall have been made or imposed, or for pro- posals to do the work, or for or by reason of the omission of any officer to perform any duty imposed upon him. or for or by rea- VACATING ASSESSMENTS. son of any defect in the authority of any deitfirtinenl or officer wiio« - tin. upon whose action the assesment shall be in any manner or to bu^moswk. any extent dependent, or for or by reason of any omission to 5»,w4. comply with or carry out any detail of any law or ordinance, or r "'" for or by reason of any irregularity or technicality, except only in cases in which fraud shall he shown and incase of assessment for repaying any street or puhlir place, upon property for which an assessment has once heen paid for paying the same street or public place; and all property in said city benefited by any im- provement or other puhlic work already completed or now heing made or performed, and hereafter made, done, or performed, except as aforesaid, shall be liable to asssessment for such im- provement or work, and all assessments for any such improve- ment or other puhlic work shall he valid and binding notwith- standing any such omission, irregularity, defect in authority, or technicality. No assessment shall be vacated by reason of cSSjp. rai. fraud or irregularity in the proceedings to collect the same by aaieeof sale of the assessed premises; but, upon proof of such fraud or p^nN,'-> irregularity, such sale shall be set aside and the respective rights and liabilities of the assessed persons, and of the mayor, alder • men, and commonalty, shall become and be the same as if such sale had not been made. $ !»im». Any order vacating said assessments shall be entered [^^Xti in the office of the clerk of the supreme court, and on filing a c^p^ 93, certified copy thereof with the officer having charge of the l'" 01 "" 1 -"' 1 ... , Orders assessment lists, it shall be the dut v of said officer to cancel vacating assessments. thereon the assessments so vacated, and all proceedings under the same; and the justice who shall have made such order may enforce the same, either by attachment for contempt or by writ of mandamus, or both, against any party refusing to obey the same, with costs. §901. Any person applying, for relief, under the provisions ,J * 4 of this title, may embrace in one proceeding any or all assess- ments for local improvements in which he is interested. 9C2. The foregoing sections, from section eight hundred ^ and ninety-eight to section nine hundred and one, inclusive, ap- ply to the following proceedings and no others: First — To proceedings or actions commenced on or before To what the ninth day of September, eighteen hundred and eighty, to * vacate or set aside assessments for any local improvement con- firmed by the board for the revision and correction of assess- ments before June ninth, eighteen hundred and eighty, or in which proceedings or actions were pending on said last-named day, or in which the time to appeal had not then expired, or in which the order or judgment had not been then carried into effect.' vacating; assessments. Second — To proceedings or actions which since Juno ninth, eighteen hundred and eighty, have heen commenced or may hereafter he commenced, to vocate or set aside any assessment completed before said day and confirmed hy the hoard for the revision and correction of assessments after said day; provided in each case such proceedings or action was or shall he com- menced within three months after the date of such confirma- tion. Third — To proceedings or actions to vacate or set aside any assessments for the local improvements known as Morningside avenues, when confirmed hy the hoard for the revision and cor- rection of assessments ; provided such proceedings or actions were or shall be commenced within three months after the date of such confirmation ; provided that if any such proceeding or action in this section referred to is dismissed or such relief re- fused, and it shall appear in the order dismissing or denying such application that such dismissal or denial is on account of some irregularity, technicality, informality, mistake, or other omission or defect of form therein "in which case it shall he the duty of the court to specify the same in such order), the party thereto shall be entitled to make such further or other applica- tions as he may be advised, within twenty days after the date of an order directing such dismissal or refusal, and none of the provisions of the subsequent sections of this title shall apply to or effect such further or other application so made for the pur- poses aforesaid. And further provided, that if on a final decision in any proceeding or action pending on June ninth, eighteen hundred and eighty, or which may be commenced or renewed as afore- said, the decision or judgment therein shall be in favor of the city, the petitioner or plaintiff in such proceeding or action shall have obtained the benefits of sections nine hundred and six to nine hundred and fourteen, by filing the notice provided in section nine hundred and seven hereof on or before the first day of - May, eighteen hundred and eighty-one, the said commis- sioners must proceed as if such notice had been filed as in said section provided. im,ch. 550, in. § 903. No court shall vacate or reduce any assessment in fact rower a of°?ou'rt or apparent, confirmed after June ninth, eighteen hundred and eighty, whether void or voidable, on any property for any local improvement hereafter completed otherwise than to reduce any such assessment to the extent that the same may be shown by parties complaining thereof, to have been in fact increased in dollars and cents by reason of fraud or substantial error ; and in no event shall that proportion of any such assessment which is equivalent to the fair value of any actual local improvement on assess ments VACATING ASSESSMENTS. 848 with interest from the date of confirmation, be disturbed for any cause. Nothing in this section shall apply to any assessment which may he imposed for the local improvement known ag Morningside avenue. § 904. All proceedings to vacate or reduce assessments in the M tu city of New York other than those specified in the last section hut one must he brought within one year after the confirmation thereof. § 905. Any lands which mav he discharged from anv lien for |K - VS - <•>' - J J l i Comp. 720. an assessment for any local improvement, may be.again assessed, ReassesMnwu. in the manner provided by law, for such amount as would have J "l"!; been justly chargeable if fraud or irregularity had not been com mitted; but the amount so assessed shall be a lien on said lands until paid, and shall he collectible in the manner provided by law for the collection of assessments, but all proceedings to make a new assessment shall be at the expense of the corporation of the city. '■ § 906. Any assessment for anv local improvement in the city aw, |i of New York, confirmed hv the board for the revision and cor- "mayujva- cat***! rection of assessments in said city before June ninth, eighteen hundred and eighty, and, also, any assessment for any local im- provement theretofore completed which may be hereafter con tinned by said board, and any assessment for the local improve- ments known as Morningside avenues, when confirmed by said board, may be vacated, modified, set aside, revised, or confirmed in conformity with the provisions hereinafter in this title con tained, and not otherwise. Any assessment for the local im- provements known as Morningside avenues shall be finally acted upon by such board for the revision and correction of assessments ^within three months after the completion of the same. § 9o7. The commissioners hereinafter designated and named, ' d or a majority of them, shall, for the purposes of the following comminionerB. sections of this title, have jurisdiction to revise, vacate or modify any of the assessments for any local improvement confirmed by the board for the revision and correcting of assessments before the ninth day of June, eighteen hundred and eighty, and any assessment for a local improvement confirmed before said date which has been or shall be hereafter confirmed bv* said board, and every assessment for the local improvements known as Morningside avenues, when confirmed by said board, when the owner or owners of the real estate affected by such "assessment, or other party or parties affected thereby shall have filed with the comptroller of said city a notice specifying the particular as- - Nolie Comp. 5tti. 1881, ch. 33, $3. Interest to l*> ■•linrged. I87l.ch. SM, jlS. ( 'omp. 579. Apportionment or iMMdi Assessments parable in yearly install- ments of fire per centum of whole amount. 1881. ch. 5M. m 8. 4. § 918. interest shall hereafter be charged and collected at the. rate of seven per cent, per annum on all arrears of taxes and assessments returned to the clerk of arrears from the time they become due until paid, and on the " regular rents" and charges for Croton water from the time the taxes become due, to which they may l>c added as required by section nine hundred and twenty-three until paid. The provision of this title relating to the rate of interest shall apply to taxes, assessments, or Croton water rents remaining unpaid and due, for the non-payment of which the lands and tenements liable therefor shall have been sold since the sixteenth day 'of March, eighteen hundred and eighty-one, or shall hereafter be sold at public auction ; but such provisions shall not be construed to affect the rights of purcliasers at sales for taxes, assessments, or Croton water rents, made before March sixteenth, eighteen hundred and eighty-one. or to authorize the redemption of lands and tenements from sales theretofore made for any lesser sums than the sums collectible for such redemption under the provisions of laws then existing. 910. If a sum of money in gross has been or shall be as- sessed for city improvements upon any lands or premises in th<- city of New York, any person or persons claiming any dividend or undivided part thereof may pay such part of the sum of money so assessed, also of the interest and charges due or charged thereon, as the comptroller may deem to be just and equitable ; and the remainder of the sum of money so assessed, together with the interest and charges, shall be a lien upoif th<- 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 Wn im- posed upon the residue of. said lands or premises. § 92". The assessment for benefit in all proceedings pending on the sixteenth day of June, eighteen hundred and eighty-one, or thereafter commenced or to be commenced to acquire title to lands in the Twelfth ward, north of One Hundred and Fifty- fifth street, and the Twenty-third and Twenty-fourth wards, for a street, avenue, or public place, or for the opening or widening thereof, and all assessments levied for grading, regulating, pav- ing, and sewers in said territory, and all assessments heretofore levied therein for any of said purposes, shall be payable in yearly installments of five per centum of the whole amount of each of such assessments, together with seven per centum interest on the whole amount unpaid in any year, which yearly installment and interest shall be levied and collected with the annual taxes upon the property so assessed, and payment thereof enforced in the same manner as such taxes and with the same penalties. Any THE CLBBS OF ARREARS. 349 person whose i»ropfit\ is assessed fx >r ;m v « »1" tin- purpose* specified i'-n-.ii»a f i i J 1,1.1 1111 «-HM«tl nun in this section may pay the whole of such assessments and all the "imii-mimuin interest due thereon at anv time. The amounts assessed each *™«ni*toba year upon the several parcels of land assessed for any of the Judlotalwto aforesaid purposes and all arrears so assessed shall as hetwe n vendor and vendee or upon a judicial sale thereof he deemed the amount due on such assessment t upon each parcel, unless other- wise expressed in writing between the parties. The said comptrol- leris directed, upon the application of any owner of any part of a parcel embraced in a single assessment, to apportion the amount to he assessed against such part and the remainder of such par- cel and payment of tho sums so apportioned of the yearly por- tion thereof provided for in this section -hall discharge such part from the lien of said assessment. ■j 921. The commissioner of public works shall annually, on '' the last day of the month of April, cause to be prepared and 1854, ch. 8a transmitted to the clerk of arrears a separate account, for each w ard, of all lots in which the regular rents for that water years may remain unpaid, with the amount due on each lot. and shall at the time notify the comptroller of the aggregate amount of the regular rents so returned, and shall thereafter receive no payments on account of the same, but may, nevertheless, certify to the cleik of arrears auy overcharges which shall upon such certificate be remitted by the clerk of arrears at any time before settlement. $ 022. The receiver of. taxes-shall, on the first day of June iu c ^p h i*i MU ' each year, make a return to the clerk of arrears, of all taxes on Receiver or taxes. real estate, and of "regular rents " of Croton water, which have been added thereto, remaining unpaid, and shall notify the comptroller of the aggregate amount of arrears so returned, and balance on his books the accounts of arrears so returned, by charging the amount thereof to the bureau of arrears, and shall thereafter receive no payments on account of arrears so re- turned, but may nevertheless certify to the clerk of arrears any errors which shall, upon such certificate, be corrected by the clerk of arrears any time before settlement. § 923. There shall be ruled in the yearly assessments rolls for wsa.ch^.iio, , Comp. 5*1. taxes of each ward, a column headed "regular rents," in which, Water rents, immediately after the confirmation of such assessment rolls, the clerk of arrears shall cause to be entered, opposite to the ward numbers of the property on which the said arrears may be due, the amounts due for "regular rents'' for water, as transmitted to him by the commissioner of public works in accordance with law, and the same shall be collected at the same time, and in the same manner, with the taxes to which thev shall be added WATKK KKNTS. ira. ch.fi7B, $12, Comp, •'>«'■.'. \rrcnrs. M. $13. Arrears. Hccord to bo kept, of lots In arrears or sold. isri, oh. S81, §3, Cowp. 573. Lands for un- ))aid taxes, assessments, and water rents. Notice thereof by advertise- ment. Manner of sale. § 924. There sliall be ruled in tho yearly assessment rolls of the taxes in each ward a column headed "arrears," in which the clerk of arrears shall, annually, hefore any taxes for the year are collected, cause to he entered the word "arrears," or "sold," according - as the fact may he opposite to the ward num- bers on which any arrears of taxes or of taxes with the regular vents of Croton water added shall he due, or on which am at- es ment shall remain unpaid, w hich w as due or confirmed, thirteen months prior to the first of June, then last Qast, or which may have; been sold for assessments, taxes, or regular rents of Croton water, and yet ho redeemable. §925. There shall be ruled a column headed ••arrears," in every bill rendered for taxes, for lots on which said arreais for assessments, taxes, or taxes with "tegular rents,"' for Croton water added, be may due as aforesaid, or which may have been sold and yet be redeemable; in which shall be written oppo- site the entry of the ward number of said lots, "arrears," or •'sold," according as the fact may be ; and it is hereby declared to be the duty of the receiver of taxes to cause a record to be kept of the ward numbers of all lots so noted in said bill as in arrears, or sold, when said bills are p rose u ted for settlement, and at the bottom of said bills shall be printed "The column for arrears, indicates lots sold for arrears, or to be sold therefor ; .anoars to be paid and lots redeemed at the office of the clerk of arrears." § 92G. Whenever any tax on lands or tenements, or any assessments on lands or tenements for city improvements, shall remain unpaid for the term of three years from the time the same shall have been confirmed, and also whenever any regular rents for Croton 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 clerk of arrears, under the direction of the comptroller, to advertise the said lands and tenements or any of them for sale, and by s^ich adver- tisement the owner or owners of such lands and tenements respectively shall be required to pay the amount of such tax, assessment, or Croton water rents so remaining unpaid, together with the interest thereon at the rate of twelve per cent, per annum to the time of payment, with the charges of such notice and advertisement, to the clerk of arrears, and notice shall be given by such advertisement that if default shall be made in such payment such lands and tenements will be sold at public auction at a day and place therein to be specified, for the lowest term of years at which any person or persons shall offer to take the same in consideration of advancing the said tax, assess- ment, or Croton w-ater rents, as the case may be, and the interest thereon as aforesaid to the time of sale, and together watki: RENTS. with tin* charges of the above-mentioned notice and advertise- nient 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 Croton water rents, with the interest as aforesaid, and the charges attending such notice and advertisement, then it shall and may he lawful for the said clerk of arrears, under the direction of the said comptroller, to cause such lands and tenements to be sold at public auction for a term of years, for the purpose aud in the manner expressed in the said advertisement, and such sale shall be made on the day and at the place for that purpose mentioned in the ©aid advertisement, and shall he continued from time to time, if necessary, until all the lands and tene- ments so advertised shall he sold : and the said clerk of arrears Delivery of cer shall give to the purchaser or purchasers of any such lands and purchaser, tenements a certificate, in writing, describing the lands and tenements so purchased, the term of years for which the same shall have been sold, the sum paid therefor, and the time when tho purchaser will he entitled to a lease for the said lands and tenements. But no houses or lots, or improved or unimproved Notice of sale, lands, in the city and county of New York, shall be hereafter °* ,, " bllsh0<1 sold or leased at public auction for the non-payment of any tax. assessment, or Croton water rents which may be due thereon, unless notice of such sale shall have been published once in each * week successively for three months, in the City Record, or, when authorized pursuant to section sixty-six of this act, in ten of the daily newspapers printed and published in said city, which advertisement shall contain, appended to said notice, a particular and detailed statement of the property to be sold for taxes, assessments, or Croton water rents ; or the said detailed statement and description, instead of being published in the City Record or in a newspaper shall, at the option of the said comp- troller, be printed in a pamphlet; in which case copies of the pampi.iet cop- pamphlet shall be deposited in the office of the bureau of the Hollands'.' clerk of arrears, and shall be delivered to any person applying deposited, therefor. And the notice provided for in this section to be given of the sale of houses and lots and improved and unim- proved lands shall also state that the detailed statement of the taxes, assessments, or Croton water rents, and the ownership of the property taxed, assessed, and on which tho Croton water- rents are unpaid, is published in the City Record or in one of the daily papers, naming the same, or in a pamphlet, as the case may be, and that copies of the pamphlet are deposited in the office of the bureau. of the clerk of arrears, and will be delivered to any person applying for' the same. No other notice or demand of the tax, assessment, or Croton water rents shall ADVERTISING BALES KOK TAXES. IM71. oh. 881, JH, < tamp. 570. ContigUOlU lot«, when to lie advertised a-> one parcel. i. cb. 171, i3. ( 'oiitp. I871,ch.881, MS, C, C'ouip. 070. F'ost |«>)M-!II<--Il1 of sal. s. Notice "f post poneinent, how published. 18T1, ch~881,fS2, Comp. 579. [To auctii m Be • allowed. Id. |9, Comp. 5,8. 1873, ch. G13, §7. as amended 1874, ch. 3J9, §7, Comp. 595. Sales of certain land for unpaid taxes to be made by the treasurer of Westchester Co. 1873. ch. 618, §4, as amended 1874, ch. 329, §4. < 'onip. 591. 1871» ch.381, J10. Comp. 57t>. Lands to be bid in for city, in absence of bidders. he required t<> authorize the sale of any lauds and tenements M hereinbefore provided. § 027. In advertising houses and lots and improved or unim- proved lands to be sold for the nonpayment of taxes and assessments, or Croton water rents, it shall he the duty of the said clerk of arrears to advertise all the houses and lots or other lands lying contiguous to each other and belonging to the same owner in one parcel, unless otherwise requested by such owner, but he may sell separately the said houses and hits as the saint may have been assessed. § 928. It shall be lawful for the comptroller 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 advertisement. All -ales which -hall be 10 postponed OT sus- pended shall he made without further advertisement, other than a general notice of such postponement, to be published in the City Record or, when authorized pursuant to .section sixty-six of this act, in two or more of the daily newspapers in the city of New York, at least once a week until the time of sale, and such Bale, when made, shall be as valid and effectual as if the same had taken place at the time for that purpose first advertised. § 929. The clerk of arrears or his assistant shall conduct the sales hereinabove provided to he made, and.no auctioneer other than said clerk or his assistant shall be employed to make such sale, and no auctioneer's fees shall he charged thereon, Certifi- cates of sale shall he made and delivered to the purchaser with- out charge. § 930. All sales of land situate in the Twenty-third or Twenty-fourth wards for unpaid taxes levied in any year prior to eighteen hundred and seventy-four, shall he made by the treasurer of the count}' of Westchester. The said treasurer is authorized to take the same proceedings for the sale of lands for unpaid school taxes imposed upon property in the towns of Morrisania, West Farms, and Kingsbridge, as formerly consti- tuted, which remained uncollected at the time when the returns of. the receiver of taxes of the towns of Morrisania and West Farms and the collector of taxes of the town of Kingsbridge were made in the year eighteen hundred and seventy-three to said treasurer; and 'he is authorized to sell the same in the man- ner provided by law for such proceedings and sales in the county of Westchester. § 931. It shall he lawful for the clerk of arrears, at any sale of lands and tenements in the city and county of New York for taxes, assessments, or Croton water rents, to bid in, for the mayor, aldermen, and commonalty, every lot and premises so s LLE8 FOR TAXES. 858 put up for sale for which do person shall offer to bid, and certifi- cates of such sales shall be made by the said clerk of ar- rears to the said mayor, aldermen, and commonalty, in form and manner as is prescribed in the section nine hundred and twenty-Six. All such purchases shall he Wfhuoi " _* redemption. subject to the same rights of redemption as purchases by individuals; and if the lands and tenements sold shall not be re- deemed, or shall not have been assigned, the comptroller of the city shall execute a lease therefor to the said mayor, aldermen, and commonalty, with the same effect as in cases of leases to individuals in this title provided. §982. It shall be the duty of said clerk of arrears, in "all w -l»- cases of purchases of lands and tenements by the said mayor, lands by city, i •,. - . when ftnd how aldermen, and commonalty for taxes, assessments, or I rot on u-.v-m.-i water rents, to assign any and all such purchases to any person who shall at any time within one year from the time when stu b purchases were made, offer to take the same, upon his or her paying to the said clerk of arrears, for the use of the said mayor, aldermen, and commonalty, the purchase money, with seven per cent, interest thereon. The person so receiving the assignment shall be entitled, upon the redemption of (he prop- erty, to receive the amount so paid by him or her to the said mayor, aldermen, or commonalty, with interest from the time of such payment at the rate and in the same manner as if he or she had purchased the property at a sale for taxes, assessments, or Croton water rents. ^ 938. In all cases where lands within the Twenty-third or ^ameneulrt 57 Twenty-fourth wards have been heretofore, or may hereafter oom^a^ 9 '^ be, sold by the county treasurer of Westchester county for un- paid taxes, and which lands have been bid in by said treasurer in the name of the respective towns now embraced in said wards, and said towns have become entitled to a certificate of saje, lease or leases of said lands, such certificate of sale, lease or leases shall be executed and delivered by said county treas- urer to the comptroller of the city, and the said comptroller IS When towns hereby authorized and empowered to assign such certificate of entitled to cer sale, lease or leases to the owner or owners of the lands which etc ca t t he°Lm l e' to In* i t » * 1 i v t ■ ' have been sold as aforesaid, upon such owner or owners paying tothecitjr to him the amount of such tax and interest as provided by the laws under which such sales were made, together with all charges accrued thereon, and the moneys so received shall be paid by the comptroller to the contingent fund of said city. 934. In all cases of lands and tenements purchased by the wn,ch.a8i,fis said mayor, aldermen, and commonalty for taxes, assessments, Redemption of or Croton water rents, in which the same shall not have been chatelby city assigned as hereinbefore provided, any person claiming title to 354 SALES IOK ASSESSMENTS. Service of 110- tlC3, in case of conveyances to city. lH19,eh. 09.551,'.', I 'ouip. 1160. • ( vrtalu un- cl&lmed lands lo be taken pointi lion of. City to account for rents, etc. such lands and tenements, or any other person, may redeem the same in like manner and to the same effect as in cases of indi- vidual purchases, hy paying, in the manner provided hy law, for the use of the said mayor, aldermen, and commonalty, the purchase money with seven per cent, interest thereon, to- gether with any and all expenses which shall have accrued since the sale; and in all cases where lands and tenements shall he conveyed to the said mayor, aldermen, and commonalty pursuant to the provisions of this title, it shall he the duty of the said clerk of arrears, in the name of the said mayor, aldermen, and commonalty, to canst; notices to he served in the manner in this title provided. § 935. It shall he lawful for the mayor, aldermen and com- monalty, and they are herehy 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 same city, which have or which may be sold for a term of time for the payment of any taxes or assess- ments in the said city, after the expiration of the term for which the same may have been or shall he 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 possession of the same, and shall pay all sums which may be due thereon for taxes, assessments and also the value of the improvements which may he made, or erected upon the same by the mayor, aldermen and commonalty, over and above all the rents, issues and profits which may be received by the mayor, aldermen and commonalty for or on account of the rents, issues and profits of any such premises; provided al- ways, that the said mayor, aldermen and commonalty shall not be entitled to demand any sum of money for any such improve- ments, unless they shall have caused to be published, in at least two of the public newspapers printed in the said city, for at least three months previous to the making of such improve- ments, a notification to the owners of the said lots, to appear and take possession of their said premises; and further, that in no case shall the owners of the said premises be compelled to pay for any such improvements a sum exceeding two-thirds of the value of their said lots of land. The mayor, aldermen and com- monalty shall account for and pay over to the rightful owner of any such lots of land, all the rents, issues and profits which they may receive on account of such premises over and above the amount of all taxes and assessments due for or on ac- count of the said premises, and over and above the value of all such improvements thereon as shall be made after the SALES Fok ASSESSMENTS. 355 notification mentioned in this section, and as shall not exceed two-thirds of the value of said lots of land. § '.'.'50. In cases of sales of real estate for the non-payment of ^Yjil 30 ' taxes or assessments ii shall lie the duly of bhe clerk of arrears, V.,;'^',-. sixty days before the time limited by the law for the redemp- &fXi 7 o^i tion of any real eslato from the effect of such sales, to cause no- §S%uw>, fcice to ho given to all mortgagees of the real estate so sold, their $^cb!»), 938. An affidavit of the service of such notice as is re- 'i'V 1 - 1 .f 1 quired in the two preceding sections, before any officer author- {^f 1 ^ 5 ^, ized to take affidavits to be read in a court of record and filed in p ro ^" 1 f I) the office of the said register of deeds, or a certified copy service, thereof under the signature of such register, shall he evidence of the fact of such notice. § 939. It shall be the duty of the said register of deeds to Id „ lfi w keep in his office a book, alphabetically arranged, for the regis- p e ^ r 5 tore tering of all such memorandums as aforesaid, which hook shall oordmemo ranuuin LEASKS TO PTKCHASEItS. nis feea ia. sir. ie j.1 i j ;i j l n -i mailed to non- stance the sale and conveyance, the person to whom made, and resident the amount of consideration money mentioned in the convey- owners ' ance, with the addition of forty-two per cent, 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 considera- tion money, and the said forty-two per cent., together with the sum paid for the lease and advertisements, shall be paid to said clerk of arrears, for the benefit of the grantees, within six months after the service of such notice, the said conveyance will become absolute, and the owner, occupant, and all others inter- KEDKMI'TION OF LAND SOU) FOH TAXES. Proof of n i vice of DOtlce to i>i* recorded « ill) CllllVcy- mice. 1.1. S l I. ( 'omp Manner of tserv- lllR llotlCCH. 10. $15. MBdavil of service of notice, how filed. Id. $16. Certificate of comptroller nnd effect tlirrcef. i.>; i. ei' Comp, 578. Redemptions, when to be made. 1S43, eh. ?30. Etrl 8, §10. Comp. 570. Rate of interest to be Allowed. .■sled in the lands or tenements be barred from all right and title thereto during tbc term of: years for wbicl) such lands or tene- ments shall have been conveyed. And no conveyance made in pursuance of this title shall b'' ii corded until the expiration of such notice, and the evidence of the service of such notice shall be recorded with such conveyance. § 944. Such notice sball be served personally or by leaving the same at the dwelling bouse of the occupant and of the per- son owning the property conveyed, with any person of suitable age and discretion belonging to his or her family, and the nana; of the person on whom served, sball be stated in the affidavit of service hereinafter mentioned if the same can be ascertained, and if served by mail, sball slate the lime when the same was mailed. 3 945. In every such case the grantee, or the person claiming under him, in order to complete his title to the land conveyed, sball tile with the said clerk of arrears an affidavit of some per- son residing in the city of New York, who shall be certified as credible by the officer before whom c u board of aldermen, and publishing full notice of the same for too°p"biisheu s ten days in the City Record, to alter the map or plan of New York city so as to lay out new streets in said part of said city, and from time to time to cause maps, showing the several streets or avenues so laid out, opened, widened, straightened, extended, altered, or closed by them, to be certified by them and tiled, one in the office of the department of public works of said city, and one in the office of the counsel to the corporation of said city, and it shall be the duty of the said counsel to the cor- poration, on the filing of said maps in his office, together with a requisition in writing of said hoard, immediately to take pro- ceedings, in the name of the mayor, aldermen, and common- alty of said'eity, to acquire title for the use of the public to the land required for the streets or avenues so laid out, opened, STKKKT ()l'KM.Ny t lie court ol the report i»l the "hen eonunli commissioners appointed m said proceedings the commissioner -'i-.-t of public works shall proceed and actually open, extend, regu- late and grade said avenue hetween said streets. M MISSlONPKS OP STUKKT OPKMNO. '.'An sioners ; and it shall be lawful for the said court to whom such application shall ho made on any Mich application to nominate and appoint three discreet and disinterested persons, being citizens of the United States, commissioners of estimate and assessment, for the purpose of performing the duties hereinafter i^o.ch wv.fi in that behalf prescribed. Streets or avenues, or portions there of, which are continuations of each other in the same general direction, and no others, may be embraced in the same proceed- ing for the opening thereof, but the provisions of section three iw«,ch.^ia,|«, hundred and forty-one of this act shall apply to all proceedings to open any street, avenue or road therein referred to. ,i [«>;>. The commissioners of estimate and assessment shall be i*».chja»,j8, ° ( ulll|). 030. appointed as follows: The mayor, aldermen, and commonalty CcimnilssioiiPis. of the said city shall give notice, by advertisement to be cau" 1 '.™. published in the City Record or. when authorized pursuant to section sixty-six of this act, in at least four of the public newspapers printed in the said city, of their intention to make 1 application to the said court for the appointment of such commissioners, which notice shall specify the time and place of such application, and the nature and extent of the intended improvement, and shall be so published for and during the space of twenty days previous to the said ap- pointment; and they shall, in addition to the said advertisement, cause copies of the same in handbills to be posted up for the same space of time, in three conspicuous places adjacent to the property to be affected by the intended improvement. At the time thus specified the mayor, aldermen, and commonalty shall nominate three discreet and disinterested persons to said court, of whom they shall designate one, who shall be appointed. Any 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, which 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 shall be ap- pointed ; but if a majority shall not agree upon one person, then the court shall appoint one person out of the names in such list; after which, the said court shall appoint a third person, out of the names so presented by the mayor, aldermen, and common- alty and by the parties interested; all of which persons so nom- inated shall be subject to the right of challenge on the ground of interest, incapacity, or disqualification, to be exercised by the said mayor, aldermen, and commonalty, or by any person hav- ing an interest in the said matter: and if any of them be rejected oCft APPOINTMENT OF COMMISSIONERS OF STREET OPENINO. for good cause, or refuse to serve, then another shall be nomin- ated in his stead l>y the same party. lHia.ch ,m,|187, § !><',);. In case of the death, resignation, or refusal to act of vacancy in any such commissioner of estimate and assessment, to he ap- m2wioner°how pointed under and by virtue of this title for any such aforesaid purpose, it shall and may be lawful for the court aforesaid, or any one of the justices thereof, on tin.* application of the mayor, aldermen, and commonalty, -as often as such event shall happen, to appoint a discreet and disinterested person, being a citizen of the United States, in the place and stead of such commissioner so dying, resigning, or refusing to act, and the surviving or act- ing commissioners, as the case may he, shall have full power to proceed in the execution of the duties of their appointment, until a successor of the commissioner so dying, resigning, or refusing to act shall be appointed. IMS, ch.8«, lies, vj Ih'>7. In all and every case of the appointment of commis- Any 'tiro sioners by the court aforesaid, for any of the purposes aforesaid, nuiyact it shall be competent and lawful for any two of such said com- missioners so to he appointed, to proceed to and execute and perform the trusts and duties of their said appointment, and their acts shall be as valid and effectual as the acts of all the commissiouers so to be appointed for such said purpose if they had acted therein would have been. In all cases the acts, de- cisions, and proceedings of the major part of such of the com- missioners to be appointed for any of the purposes aforesaid as shall be acting in the premises, shall always be as binding, valid, and effectual as if the said commissioners named and appointed for such purpose had all concurred and joined therein. i«8,ch.88,siTe, § 968. The said commissioners, before they enter upon the performance of the duties of their appointment, shall severally take and subscribe an oath or affirmation, before some person authorized bylaw to administer oaths, "faithfully to perform the trust and duties required of them by this title," which oath or affirmation shall be filed in the clerk's office Of the city of New York. % 1813, ch.86. sirs, § 969. It shall be the duty of the said commissioners to view iiu"v of com- the lands, tenements, hereditaments, and premises so required missioners. f or f ] ie purpose of opening the said public square or place, street, avenue, or part or section of a street or avenue so to be opened, or for the purpose of laying out and forming the street or streets, or public place so to be laid out or formed, or for the purpose of extending, enlarging, straightening, altering, or otherwise im- proving the street or public place so to be extended, enlarged straightened, altered, or otherwise improved as the case may be, and the lands, tenements, hereditaments and premises, on each APPOINTMENT OF OOmOSSlONKKS OF STKKKT OI'KNINfi. 300 side of the same, half way to the next street or avenue thereto, if they shall deem such view to he necessary or useful. S :'7i». They shall then proceed to and make a just and equi lau, ehJMin, tahle estunateand assessinenl ol the loss anil damage, it any. over ^tunateaf and ahove the henetit ami advantage, or of the benefit and ad- il" 1 ," m" aiMl vantage, if anv, over and ahove the loss and damage, as the case lii HaX' i.v!." niav he, to tin 1 respective owners, lessees, parties, and persons v , w,.,..i >■> respectively, entitled unto or interested in the lands, tenements, hereditaments, and premises so required lor the purpose, by and in consequence of opening such public square or place, street, avenue, or part or section of a street or avenue so to ho opened, or by and in consequence of laying out and forming such puhlie street or place, so to ho laid out and formed or by and in consequence of extending, enlarging, or otherwise im- proving the street or puhlie place SO to be extended, enlarged, or otherwise improved, as the cast" may he. and a just and equi- table estimate and assessment also of the value of the benefit and advantage of such said public square <>r place, street, avenue, or part or section of a street or avenue so to be opened, or such street or puhlie place so to bo laid out and formed, or of such extension, enlargement, or other improvement of the street or puhlie place so to he extended, enlarged, or otherwise improved, as the case may he. to the respective owners, lessees, parties, ami persons respectively, entitled unto or interested in, the said respective lands, tenements, hereditaments, an:l premises not required for the purpose of opening, laying out, and forming or extending, enlarging, or otherwise improving the same. When- >*"'• <•>> e " . & °' » Comp. kh. ever the commissioners are appointed for the purpose of opening wBarb. ice any street or avenue, or any part or section of any street or avenue, laid out by the commissioners of streets and roads in the city of New York, under and by virtue of the act entitled "an act relative to improvements touching the laying out of streets and roads in tlic city of New York, and for other purposes," passed April third, eighteen hundred and seven, or for the pur- pose of opening, extending, enlarging, straightening, altering, or otherwise improving any street, or part of a street, or public place, in that part of the said city not laid out into streets, ave- nues, squares, and puhlie places by the commissioners aforesaid, the said commissioners of estimate and assessment shall not, in ..... , » Emunue and making their estimate and assessment of the value of the benefit |£wr S Sftands and advantage of the said operation, be confined to any definite '"'n " 16 " 3 - limits, but shall he and hereby are authorized to extend such estimate and assessment to any and all such lands, tenements, hereditaments, and premises as they may deem to he benefited by the said operation, and which they may judge expedient to in- clude in their report in the premises; provided, that in all and rroTiso. 370 APPOINTMENT OF COMMISSION KliM OF STREET Ol'ENlNC. every case of opening any street or avenue, or part or section oi any street or avenue, laid out by the aforesaid commissioners of oSbm'SS^' ^reefo ;U1 ^ roads north of Fifty-ninth street, the said commision- ers of estimate and assessment shall not he at liberty to extend such estimate and assessment of the value of the benefit and advantage thereof to any lands, tenements, hereditaments, or premises lying on either side of such street or avenue, and be- yond half the distance of the next street or avenue thereto. Bui the commissioners who maybe appointed for acquiring title to any land south of Fifty-ninth street, for the purposes of this section, may assess therefor all such lands and tenements as they may deem to be benefited by such improvement, and to the ex- tent and amount which they may deem such lands and tene- j«ho. ci.. :.;(.. ments benefited thereby; and provided further that, in case of the opening of any street or avenue, or portions of any street or avenue in said city, where the street or avenue, or portions thereof, sought to be opened shall have been laid down and shown upon any general map or plan made and filed in pursu- ance with any law of the State of New York, relative to the mapping and planning of streets and avenues in said city, where no buildings for which compensation can lawfully be made shall be taken, the assessment district shall not extend beyond the centre line of the blocks adjacent thereto, nor beyond the ends <>f the street or avenue, or portions thereof, sought to be opened. 1880, oh. 679, §8. §971. The owners of land and of all the estate therein em- convey attheir braced within the lines of any street or avenue laid down and inmis fm-"fn.m shown on any such general map or plan, and comprising all the etc. land within said lines in an entire block in extent, may, with- out compensation, and at their own expense, convey all their right, title, and interest therein, providing the same shall be free from incumbrance, to the mayor, aldermen, and commonalty of the city of New York, and upon the delivery of such convey- ances to the counsel to the corporation of said city, with the money necessary to record such conveyances, and affidavits made by all such owners to the effect that the persons making them are the owners of the estates in such lands so conveyed by them respectively, and stating their interests, and that such es- tates in such lands are free of all incumbrances, together with abstracts of title, if desired by such counsel to the corporation, rrnty of counsel ^ ^a\\ l )e the duty of such counsel to the corporation to exam- ^i^rat.on i ne such conveyances and papers, and if such titles shall not be rejected for good cause, by such counsel, he shall cause the said conveyances to be recorded in the office of the register of *the city and county of New York, within sixty days after their deliv- ery to him, and file them with the comptroller of such city, and thereupon the said the mayor, aldermen and commonalty of the COMMISSIONERS OP STREET OPENING city of New York shall become rested with the title to said hinds to the saint' effect and extent as if they had been acquired by a proceeding taken for the opening of (bat portion of said Art.-r Street Of avenue : alter the making and acceptance of such con- v"^u",kh'u' veyances, no proceedings to open the lands so conveyed sball be S« l*k?n t . ltl " to taken or maintained, nor shall the lands fronting on that por- tion of the Street pr avenue BO Conveyed, and extending to the centre of tbe block on either side of sucb portion of said street or avenue so conveyod, be chargeable with any portion of tbe expenses of opening tbe residue or any portion of tbe residue of sucb street or avenue, except tbe due and fair proportion of tbe awards tbat may be made for buildings as aforesaid. $ 1»72. If, at any time after the tiling of tbe maps showing cKW7.fr, the laying out of streets, avenues, roads and public squares and subdivision of placed, by the department of public parks, the owner or owners own«* c- ' b5 of any plot of land bounded on all sides by streets, avenues, or roads, arid not laid out as and for a public square or place shall desire to subdivide -neb plot and give public right of way into or through such plot, be, she or they may do so, by submitting two maps, plans or surveys of such plot and of such proposed right of way, showing the width which shall not be less than thirty feet, and the location, extent and direction of the same, and the proposed grade therefor, to the department of public parks for approval; and if the same shall be approved by said department, and the owner or owners aforesaid shall immedi- ately thereafter convey, in such form as shall be approved by said department, the title to the land required for such right of way, free and clear from all incumbrances, unto the mayor, al- dermen and commonalty of the city of New York, in trust, as and for a public street, road or avenue, the same shall from that time be and become an opened public street, road, or avenue, the same as if it had been laid out and opened as other streets, roads, or avenues are or ought to be; and the maps, plans or surveys thereof and of the grades therefor, shall immediately thereafter be certified by one of the officers of the department of public parks to be designated for such purpose, and one of such maps showing the width, extent and location of the streets, avenues, roads, pub- lic squares and places so laid out and established, and one of said maps showing the grades so amended or established, shall be filed in and remain of record, in the office of the department of public works, and the others shall remain of record in the office of the department of public parks. § 973. Whenever aud as often as commissioners may be ap- «jw,ciijMa,|i, pointed for the purpose of opening any or either of the public Powers of the squares or places (other than and except the streets and avenues) of estimate and laid out by the commissioners of streets and roads in the city of extended. New York, under and by virtue of the act entitled "an act relative STKKKT OI'KNINO. to improvements touching the laying out < jI streets and roads in the city of New York, and for other purposes," passed April third, eighteen hundred and seven, n any 01 either of the said puhlic squares or plan s, as altered by tin.- legislature, the said commissioners of estimate and assessment shall not, in making their estimate and assessment of the value of the benefit and ad- vantage of such puhlic square or place, he confined to the lands, tenements, hereditaments, and premises flouting thereon and lying within half the distance of the next street or avenue there to from the same on each side thereof, but on the contrary thereof, after having made their estimate and assessment of the loss and damage over and above the benefit and advantage,and of the ben- efit and advantge over and above the loss and damage, and of the equality of the benefit and advantage to the loss and damage as the case may he, to the respective owners, lessees, parties, and persons respectively entitled unto or interested in the^ands, ten- ements, hereditaments, and premises so required for the purpose by and in consequence of opening such public square or place, the said commissioners shall proceed to make a just and equita- ble estimate and assessment of the valu^of the benefit and ad- vantage of such puhlic square or place so to be opened by the respective owners, lessees, parties, and persons respectively enti- tled unto or interested in the lands, tenements, hereditaments, and premises lying out of the limits of such public square or place, and which the said commissioners may deem to be bene- fited by such public square or place in respect to the respective estates and interest of such owners, lessees, parties and persons respectively so entitled to or interested in such said lands, tene- ments, hereditaments, and premises so deemed benefited thereby, and the said commissioners shall and may extend their said as- sessments to any such lands, tenements, hereditaments, and premises as they may deem to be benefited by the opening of the said public square or place, notwithstanding such said lands, tenements, hereditaments, and premises may be situated with- out and beyond half the distance of the next street or avenue thereto from such said public square or place on any side thereof. 1862. C h. *s?. §1. § 974. The commissioners appointed in pursuance of this title Limit of ° shall complete said proceeding on their part within four months appointment. frQm the time of fcheij . ap p i ntment< unless further time shall be allowed by the supreme court. 1839, ch. 209. p. § 975. It shall be the duty of the said commissioners in all comp.64o. cases to report fullv and separately to the sa'd court the amount Report of com- r j r missioned. G f i oss aua * damage, and of benefit and advantage to each and every owner, lessee, party, and person entitled unto or interested l'liOCKKDlNfiS HKFOKK COMMISSIOXEHS. 373 M How. i>>. in any lands, tenements, hereditament «>r premises, so required for the purpose of any such operation or improvement. «> T« » In all eases, where anv ow ner Or OWUerS. lessee or l818,oh.88,|l7B, lessees, partv OT person Or persons who may be interested in or it,.porttnin entitled unto any lands, tenements, hereditaments, or premises, benefited.' not included within the limits of such public square or place, street, avenue, or part or section of a street or avenue so to be opened, or such street or public place so to be laid out and formed or extended, enlarged, or otherwise improved, or being within the limits or district to which the said commissioners are, by the preceding sections, allowed to extend their assessment, will, in the opinion of the said commissioners, be benefitted by Opening, laying out, and forming or extending, enlarging or otherwise improving the same, as the case may he, it shall he the duty of the said commissioners to estimate, assess and report the value of such benefit to such owner or owners, lessee or lessees, parties, and persons respectively, in respect to the said lands, tenements, hereditaments, and premises wherein he. she or they may respectively be so interested. 077. It shall not he lawful for the said commissioners of i-m.".,.-!..*;. $i;« > . • i r> Comp. tiii. estimate and assessment, to he appointed under and by virtue 01 sSK.Y.soe, this title, to allow any sum or compensation whatsoever for any building or buildings which at any time subsequently to the filing of the maps mentioned in the fifth section of chapter one hundred and fifteen of the laws of eighteen hundred and seven, may have been built, placed, or erected, or which at any time hereafter may be built, placed, or erected in part or in whole, on any such street, avenue, public square, or place laid out by the said commissioners of streets and roads, under and by virtue of the said last-mentioned act; but compensation and recompense shall be made to the owners thereof, and parties interested therein, for all buildings and improvements erected, placed, or made, wholly or in part, upon any part of any such street, ave- nue, square, or public place, so to be opened, at any time before the time of the filing of the maps aforesaid. It shall be lawful for the said commissioners of estimate and assessment, if they shall deem it just and equitable under the circumstances to do so, but not otherwise, to assess any part not exceeding one-third part of the estimated value of any such builtling or buildings, but not of any other improvement, upon the said mayor, alder- men, and commonalty of the city of New York. If it should become necessary for the purpose of laying out and forming or $ ^vLue^f ' extending, enlarging, or otherwise improving any street or ^nao^iou. public place in any part of the said city, not laid out into streets, avenues, squares, and public places by the said commissioners of streets and roads in the city of New York, under and by Conimissionpr* 374 STREET OPENING. virtue of the said last-mentioned act, to remove any building or buildings, it shall and may be lawful to and for the Mud com- .missioners of estimate and assessment at their discretion, if tlx ij shall deem it equitable and just to do so, but not otherwise, to assess any part not exceeding one-third part of the estim.iied value of such building or buildings upon the said mayor, alder- men, and commonalty of the city of New York. compVf ' |l ' ' * 97«. It shall be the duty of the commissioners in each case appointed, to perforin the duties relative to the opening, ex- tending, enlarging, straightening, altering, <>r otherwise improv- ing any street or streets, or part of a street, or public place or places, in any part of the said city, not laid out into streets, avenues, squares, and public places, by the commissioners of streets and roads in the said city, under and by virtue of the act entitled '"an act relative to improvements touching the laying out of streets and roads in the city of New York, and for other purposes," passed April third, eighteen bundled and seven, be- fore the completion of their estimate and assessments in the premiseSf to obtain from the corporation of the city of New York a profile or plan, showing the intended regulation of such street, or part of a street, or public place, as to the elevation or depression thereof after the same shall be opened, extended, enlarged, straightened, altered, or otherwise improved as the case may be; and also profiles or plans, if they shall deem the same useful, showing the intended regulation of the adjacent street or streets, as to the elevation or depression thereof, after such improvement. If the said commissioners of estimate and assessment shall judge that such intended regulation will injure any building or buildings not required to be taken for the pur- pose of opening, extending, enlarging, straightening, altering, or improving such street, or part- of a street, or public place, they shall proceed to make (together with the other estimates and assessments required by the first above-mentioned act to be Equitable made by them), a just and equitable estimate and assessment of assessment to the loss and damage which will accrue, by and in consequence of such intended regulation, to the respective owners, lessees, parties, and persons respectively entitled unto or interested in the said building or buildings so to be injured by the said in- tended regulation; and the sums or estimates of compensation and recompense for such loss and damage, shall be included by the said commissioners in their general report of estimate and assessment, which they shall make in relation to the intended improvement of the street or public place so to be opened, ex- tended, enlarged, straightened, altered, or improved; and the report of the said commissioners, as to such damage and loss, and as to the persons or parties who are to receive the com- V MO I NT OK ASSKSSMKN I '. 37f< pensation or recompense reported, shall be made in the manner directed by the first above-mentioned act as to other damages reported by the said commissioners. g !»7i>. It shall be lawful for the satd mayor, aldermen, and «■•»•• *.*n* eommonalt v, at ;inv lime or times, either before or after the ap- < „ri> f .r.iti..n pointment nl commissioners m (lie |i:vmis,'S, lor anv ot the parti.-* i„u-r . , , , i . t-ntc7 ; 75 ST. Y. 354. 1813, ch.86, §181, Comp. 625. Contracts be- tween landlord and tenant to cease in certain cases. 19 Wend. 078; 45 ST. Y. 102; 46 N. Y. 318; 8 Wend. 85. 980. If any lands tenements, hereditaments, or premises belonging to the said mayor, aldermen, and commonalty of the city of New York, or w herein they may he interested, shall he required for any of the purposes aforesaid, or shall be benefited by any such operation and improvement as hereinbefore men tioned, the said mayor, aldermen, and commonalty shall he en titled to compensation and recompense for the lo~s and damage they may sustain, and shall be bound to allow and pay for the benefit and advantage they may be deemed to a&ftBBK thereby, in like manner as other owners and proprietors of lands and premises required for the purpose of making the said operation and improvement, or deemed to he benefited thereby ; and it shall be lawful for the said commissioners of estimate and assess- ment, and they are hereby directed in such each and every case, to estimate and assess upon the principles and in the manner herein aforesaid; and to report the sum or sums which in their opin- ion ought to he allowed and paid to or by the said mayor, alder- men, and commonalty for the said loss .and damage, or for the said benefit or advantage, as the -case may be, to the said mayor, aldermen, and commonalty, by and in consequence of such said operation and improvement of opening the said public square, place, street, avenue, or part or section of a street or avenue so to be opened, or laying out and forming or extending, enlarging, or otherwise improving the said street or public place so to be laid out and formed, or extended, enlarged or otherwise im- proved, as the case may be. It shall not, however, be lawful to lay or impose any assessment whatever on any public park, square, or place, or street, road, or avenue, but all assessments which may be properly payable by the mayor, aldermen, and commonalty shall be assessed against them in a gross sum in each and every of such proceedings. § 981. Commissioners for making estimates, and assessments for any improvements authorized by law to be assessed upon the owners or. occupants of houses and lots, or improved or unim- proved lands, shall in no case assess any house, lot, improved or unimproved lands more than one-half the value of such house, lot, improved or unimproved land as valued by the tax commis- sioners. § 982. In all cases where the whole of any lot or parcel of land or other premises under lease or other contract, shall he taken for any of the purposes aforesaid, by virtue of this title, all the covenants, contracts, and engagements between landlord and tenant, or any other contracting parties, touching the same or any part thereof, shall, upon the confirmation of such report in the premises as shall be confirmed by the court aforesaid re- spectively, cease and determine, and be absolutely discharged: REPOICT OF (OMMISSIONKKS. :;77 and in all cases whom part only of any lot or parcel of land, or other promises so under lease or other eont raet, shall he so taken for anv of the purposes aforesaid, all contracts and engagements respecting; the same shall, upon the continuation of such report in the promises, as shall he so confirmed as aforesaid cease, de- termine, nnd he absolutely discharged, as to the part thereof so taken, but shall remain valid and obligatory as to the residue thereof; and the rents, considerations, and payments reserved or pavahle, and to ho paid, for or in resj)ect to the same, shall he so apportioned as that the part thereof justly and equitably paya- hle, or that ought to he paid, for such said residue thereof, and no more, shall be demanded or paid, or recoverable, for or in re- spect of thi 1 same. §•983. It shall he the duty of the department or hoard having iseo, cb. sro, |i. the direction or Charge of the opening of any street, avenue, or [j£JJJ?i5S a puhlie park Of place, to furnish to the commissioners of estimate K^l'.^ of and assessment, that may be appointed in any proceeding to open an \ street, avenue, or puhlie park or place in said city, such surveys and maps as may he required by them in such proceed- ing. The expense of such surveys and maps shall not he included in any assessment in such proceeding. Such sui- voys and maps shall he made hy surveyors in the rognlar and stated employment of such department. From the surveys and maps thus furnished, and such ism, en. 488, «2, other information as the said commissioners shall possess S^^^tobe or ohtain, they shall cause diagrams to he prepared which shall p«*p»«S4. The said commissioners shall deposit with the com- isas, ct .488, p, missioner of public works an abstract of their estimate and amL'i'Ii assessment at least forty days before their report shall be pre- [.Vi'm'Ii! ,,'^. i sented to said court for confirmation, which abstract shall be sioner of public accompanied by copies of the said diagrams, and which shall lYihm. 483. refer to the numbers therebv indicated, and state the several 1F>- ch - * 4 - •> ' Comp. wo. sums respectively estimated for or assessed upon each of said Publication of parcels, with the name or names, claimant or claimants, so far isag, en. 200, §5, as ascertained by said commissioners. They shall also deposit y\Tir,-\T all the affidavits, estimates, and other documents used by them makl " ff ^p " in making their report. They shall also publish a notice for 378 KKI'OKT OF COMMISSIONERS. 18M, ch. !«•:,, 14, Coinp. 644. Reports mnv not he altered In certain eases. 1 S3'.*, ch. 309, $: Comp. 040. Objection to assessment. 4'J How, 209; 13 Hun, 483: 16 Johns, 88] : 1 Cow. T4: 19 Wend. 696. 1839, ch. 209. §0, Comp. 641. Witness, how • compelled to testify. thirty days in the City Record, and when authorized pursuant to section sixty-six of this act, in two of the daily newspapers published in said city, stating their intention to present their report for confirmation to the said court at a time and place to he specified in said notice, and that all persons interested in such proceeding or in any of the lands affected therehy, having objections thereto, shall tile the same, in writing, with said com- missioners within thirty days after the first publication of said notice, and that the said commissioners will hear such objections within the ten weekdays next after the expiration of said thirty days. Similar notice, for at least twenty days, shall be given of any supplemental or amended report. ? its"). It shall not be lawful for commissioners of estimate and assessment to alter or amend any report, or supplemental or amended report, after the same shall have been deposited for inspection as required by law, by increasing the amount of any assessment for benefit, or diminishing any award for damage, unless the person or persons, party or parties, affected by such increase or diminution shall have had notice thereof, and an opportunity of being heard before said commissioners l>efore their report shall be presented to the court for confirmation. .5 ItSc. Any person or persons whose rights may be affected by the said estimate and assessment, and who shall object to the same or any part thereof, may, within thirtv days after the first publication of the said notice, state his, her, or their objections to the same in writing to the said commissioners ; which state- ments shall not be received by the said commissioners, unless verified by his, her, or their affidavits, or the affidavits of other persons, or both ; and it shall be the duty of the said commis- sioners, in all cases, to transmit to the said court, together with their said report, all the written statementsand affidavits which may have been served upon them within the time afoiesaid. And at the expiration of the said 'thirty days, it shall be the duty of the said commissioners to give at least ten days' notice in manner aforesaid, of a time and place when and where any person or persons, who may consider themselves aggrieved by such estimate or assessment, shall be heard in opposition to the same : and the said commissioners shall have power to adjourn from time to time, within the space of ten judicial days, until all such person or persons are fully heard. ?! 987. Upon the application of any person or persons whose rights may be affected by the said estimate or assessment, verified by the oath or affirmation of such applicant or his agent, that any witness, residing or being in the city and county of New York, whose affidavit to verify or oppose any objection to the said estimate or assessment is material or necessary to such RBPOM OF (OMMISSIONKHS. /57'J • party, refuses voluntarily to appear before any officer authorized to take such atlidavit, t<> testify or affirm to such matters as bt may know, touching such objection, any one of the justices of the superior court may issue a subpoena, under his hand, requir- ing such witness to appear and test ify to such matters as he may know, touching the said estimate or assessment, at such time and place as the said justice may designate in such subpoma. And every person who, being served with such subpoena, shall, without reasonable cause, re fust or neglect to appear, or appear ing shall refuse to answer, under oath or affirmation, touching the matters aforesaid. sbalU'orfeit to the party injured one hun- drtd dollars: and may also-be committed to prison by the judge who issued such subpoena, there to remain, without bail, and without the liberties of the jail, until he shall submit to answer, under oath or affirmation as aforesaid. The testimony of such witness, when given, shall be reduced to writing in the presence of, and he sworn or affirmed to before such judge. S> 9S$. After considering the objections, if any. and making IJJJjA^K any correction or alteration of their estimate or assessment, ! j !{ s A,,b ' N H - which said commissioners, or any two of them, shall find to be Report too* just and proper, the said commissioners, or any two of them. ut, shall present their report to the court at the time and place specitied in said notice. l>bt\ The said report shall consist of the diagrams herein- oSxmtS^ S4, before referred to duly corrected, when necessary, with a i^i^-ii -^.sir- tabular abstract of the estimate and assessment, "with any cor- rections or alterations thereof by said commissioners. In said report the commissioners who shall make the same, shall set forth the names of the respective owners, lessees, parties, 'and 19 Wend - 6781 persons entitled unto or interested in the said lands, tenements, hereditaments, and premises mentioned in the said report, and each and every part and parcel thereof as far forth as the same shall be ascertained by them, and an apt and sufficient designa- tion or description of the respective lots or parcels of land and other tenements, hereditaments, and premises that may be re- quired for the purpose of opening sTich public square, place, street, I.'^'-'muIVm or avenue, or part or section of a street or avenue so to be opened, ^isl'wnln". or laying out and forming or extending, enlarging, or other- « sand.' so.' wise improving such street or public place so as to be laid out and formed, or so to be extended, enlarged, or otherwise im- proved, as the case may be, and also of the said respective lots or parcels of land and other tenements, hereditaments, and premises not included within, but deemed to be benefited by the same and so assessed by the said commissioners for the said benefit as aforesaid. It shall refer to the numbers of the tracts J? 62 - *•»• t omp. 650. and parcels indicated by said diagrams, and state the several 380 KKPOKT OF < OMMlSlslONKkS. Report to bo filed. I'nknown owners. U HOW. 48; 1 Abb. N. 8 30; 10 Wend. 078; :.7 N. Y. 3M: ■N « >l- KKI'OlM . be alleged against the samft either confirm the said report <>i ' refer tlio same to t lit* same commissioners for revisal and cor- -•-•-«- ^ or referred for rcction, or to new commissioners, to be appointed by the said JftSjjJk ,., court to reconsider the suhject matter thereof, and the said commissioners to whom the said report shall he so referred, shall return the same report corrected and revised, pi' a new report to he made by them in the premises, to tlx- said < oiirt without BDflMOessary delay; and the same, on being so returned, ' - n V dermen, and commonalty of the city of New York shall become jjg; l ml be seized in fee of all the said lands, tenements, heredita- iw|s7Barb'. ments, and premises in the said report mentioned, that shall or Hsj khS '■' i may bo so required for the purpose of opening the said public square, or place, or street, or avenue, or part or section of a street or avenue so to be opened, or for the purpose of laying out and forming the said street or public place so to be laid out and formed, or for the purpose of extending, enlarging, or other- wise improving the street or public place so to be extended, en- larged or otherwise improved, as the case may be, the same to be appropriated, converted, and used to and for such said pur- pose accordingly ; and thereupon the said mayor, aldermen, and SSepowSira commonalty, or any person or persons acting under their au- rlnHr"n£r thority, may immediately, or at any time or times thereafter, 8trects - etc take possession of the same, or any part or parts thereof, with- out any suit or proceeding at law for that purpose: In trust, nevertheless, that the same be appropriated and kept open for, or as part of a public street, avenue, square, or place forever, in like manner as the other public streets, avenues, squares, and plaees in the said city are, and of right ought to be. >> 991. Duplicate copies of said report, signed by the said com- i88a.ch.4Wa missioners, or any two of them, shall be filed by the counsel to the corporation of said city, one in the office of the commissioner of public works, and the other in the office of the clerk of the city and county of New York. § 992. The said mayor, aldermen, and commonalty shall. ist8,ch.86,fig within four calendar months after the confirmation of the report Comp - 63 ° ♦ 382 ( OMIM'.NSATfON VOH DAMAOKS. Damages &t the commissioners in the premises by the court, or within i'lV'' .'|'m 111 four months after the expiration of the time or timet which iVin v :hh;' they may appoint in accordance *vith law for carrying improve mn.y.W; taenia into effect, pay to the respective persons and bodies politic or corporate, mentioned or referred to in the said report, in whose favor any sum or sums of money shull he estimated and reported by the said connni loners, the respective sum or sums so estimated and reported in their favor respectively; and in case of neglect or default in the payment of the same within the time aforesaid, the respective person or persons, or party or 'par- ties, in whose favor the same shall be so reported, his, her, or their executors, administrators, or successors, at any time or times, after application first made by him, her, or them, to the said mayor, aldermen, and commonalty, for payment thereof, may sue for and recover the same, with lawful interest, from and after the said application therefor, and the costs of suit, iff any proper form of action against the said mayor, aldermen. ;ind commonalty, in any court having cognizance thereof, and in which it shall be sufficient to declare generally for so much money due to the plaint iff" or plaintiffs therein by virtue of this, title, for premi se s taken for the purposes herein mentioned, and the report of the said commissioners, with proof of the right and title of the plaintiff or plaintiffs to the sum or sums demanded, •-hall be conclusive evidence in such suit or action. ('"iM.'p'gS'j'^'' $ 993. Whenever the owners and proprietors of any such lands, tenements, hereditaments, and premises so to be taken for any of the purposes aforesaid, or the party or parties, person or ^ persons interested therein, or any of either of them, the said infante, non owners, proprietors, parties, or persons in whose favor any such compos mentis. r r ' £ femes covert, S uui or sums or compensation shall he so reported, shall be un- etc., may be ^ 17 E?Ny 1 844? urt ( ^ er ^* ie a ° e twenty-one years, non compos mentis, feme covert, or absent from the city of New York, and also in all cases where the name or names of the owner or owners, parties or persons entitled unto or interested in any lands, tenements, her- editaments, or premises that may be so taken for any of the purposes aforesaid, shall not be set forth or mentioned in the said report, or where the said owners, parties, or persons respec- tively, being named therein, cannot upon diligent inquiry be found, it shall be lawful for the said mayor, aldermen, and com- monalty to pay the sum or sums mentioned in the said report, payable, or that would be coming to such owners, proprietors, parties, and persons respectively, into the said supreme court, to be secured, disposed of, and improved as the said court shall di- rect, and such payment shall be as valid and effectual, in all re- spects, as if made to the said owners, proprietors, parties, and persons respectively themselves, according to their just rights, as asskssm KN'l's VOB IMPROVEMENTS. 383 if they bad been known and had all been present, of full age, diB- covert and compos mentis; and provided also, that in all and each and every case and cases, where any Mich sum or sums. Or'^gJ^g^ compensation, so as to be reported by the said commissioners in JiEE/JJjit, favor of any person or persons, or party or parties whatsoever, whether named or not named in the said report, shall be paid to any person or persons, or party or parties whomsoever, when the same shall of right belong, and ought to have been paid to some other person or persons, or party or parties, it shall he law- ful for the person or persons, or party or parties, to whom the same ought to have been paid, to sue for and recover the same, with lawful interest and costs of suit, as so much money had and received to his, her. or their use, by the person or persons, party or parties respectively, to whom the same shall have been so paid. S 994, All the inonevs which the said mavor, aldermen, and - o •> » pomp. oil. connnonaltv shall pav. disburse, and expend, or become liable or Moneys ex- ... , ip • -l ponded, to be bound to nav, disburse, and expend, for cessions bv agreement. ■•>--•- •••> and in discharge or on account of the sums or estimates of com pen- benefited sation and recompense that may be reported by the commissioners in favor of the respective persons and parties deemed to be enti- tled thereto, and t he charges and expenses of the estimate and as- sessment and report that may be made in the premises, and all such other expenses, disbursements, and charges also, as may arise or take place by and in consequence of the provisions of this title, for and about the opening of any such public square or place, street, avenue, or part or section of a street or avenue so to be opened, or laying out and forming, or extending, Vnlarge- ing, or otherwise improving any such street or public place so to be laid out and formed or extended, enlarged, or otherwise im- proved, as the case maybe, and the 'acquisition of the lands, tenements, hereditaments, and premises required for that pur- pose (except such sum or sums as may be assessed upon the said mayor, aldermen, and commonalty, according to the provisions of t his title in that behalf I, shall be borne and reimbursed and paid to the said mayor, aldermen, and commonalty, by the parties and persons interested and entitled, as owners or other wise, unto and in the lands, tenements, hereditaments and premises deemed to be benefited thereby, and the same, or the excess and balance thereof, if any such excess and balance thereof there shall be, over and above the amount of the sums or assessments that may be assessed upon the parties and persons, lands and tenements, assessed by the commissioners in the premises for the benefit of such public square or place, street or avenue, or part or section of a street or streets, so to be opened, or of such street or public place so to be laid out and formed, or 384 ASSESSMENTS FOB PfPBOVEMEVTS. of the extension, enlargement, or other improvement of the street or public place so to be extended, enlarged, or otherwise improved as the case may he, together with the charges of the after-mentioned assessment and collection thereof, shall and may he estimated and assessed by the hoard of assessors provided for in section eight hundred and sixty-five of this act, upon and among all the owners, occupants, and parties seized or possessed of, or interested in all the lands, tenements, hereditaments, and premises not assessed by the said commissioners of estimate and assessment, nor included in their said report, that may he bene- fited by the said public square or place, street, or avenue, or pari or section of a street or avenue so to he opened, or the said public square or place so to he laid out and formed, or the extension, en- largement, or other improvement of the public street or place so to be extended, enlarged, or otherwise improved as the case may be, in proportion, as nearly as may lie, to the advantage which each shall be deemed to acquire thereby; and the said assessors, AuMmmte, after haying made such estimate and assessment, shall certify the saint; and make a return thereof in writing, and the same, when ratified and confirmed, shall be binding and conclusive upon the parties and persons so to be assessed, respectively, and upon all other persons whomsoever; provided, however, that no part of such said moneys so to be estimated and assessed by the said assessors, shall be assessed upon any party or person whom- soever, for or on account of any lands, tenements, hereditaments, or premises included in the aforesaid report of the commissioners of estimate and assessment, and by them made the subject of their said estimate and assessment; but if any such party or person shall be entitled unto or interested in any other lands, tenements, hereditaments, or premises, not included in the said report, that may be deemed to be benefited as aforesaid, such *party or person shall be assessed therefor in proportion to the advantage deemed to be acquired in respect to the same. comp 1 ' ck* m ' § ^ s weu * ne respective sums so to be assessed by the sums assessed said assessors upon the owners, occupants, and parties seized to be a lien on i * <• • j . . , ■ , premises r possessed of or interested in the lands, tenements, heredita- i Hun. i;_ ments, and premises mentioned in the said certificate and return of them the said assessors, as also the respective sums or assess- ments so to be assessed and reported by the said commissioners of estimate, and assessment, as and for the allowance to be made by the parties and persons respectively in the said report mentioned or referred to, and intended as owners and proprietors of, or parties interested in, lands and premises deemed to be benefited, for the benefit and advantage of the public square or place, street, avenue, or part or section of a street or avenue, or of the exten- sion, enlargement, or other improvement of the street or public 1" N. Y. 1 10. • Si' ITS. rati ASSKSSMKNTS. IX, place mentioned in the said report, shall be a lion or charge on the lands, tenements, hereditaments, and premises in the said certificate and return of the said assessors, or in the said report of the said commissioners mentioned, or upon the estate an in- • forest of the respective owners, lessees, and parties interested in such said lands, tenements, hereditaments, and promises for or on account of which the said respective sums shall be so assessed by the said commissioners or assessors, as the case may be, upon the said respective owners and proprietors thereof, or parties in- terested therein. As well the said owners and proprietors thereof and parties interested therein, and also the occupants and each and every of them shall, moreover, be respect ivoly liable to pay on de- mand the respective sum or sums or assessments mentioned in t he said certificate and return of the assessors, or in the said report of t ho commissioners, as the Case may be, at which the respective lands, tenements, hereditaments, and premises SO owned or oc- cupied by him, her, or them, or wherein ho, she, or they are bo interested, or at which the owners and proprietors thereof shall be so assessed, to such person or persons as the said mayor, al- dermen, and commonalty shall appoint to receive the same. The orrecovered said respective sums or assessments, with such lawful interest as aforesaid, maybe recovered with all costs and charges, by the said mayor, aldermen, and commonalty, from and against the parties assessed, or the owner or owners of the respective* lands, tenements, hereditaments, and premises whereon or in respect of which the same may be assessed, or set forth in the said re- port of the commissioners, or return of the assessment, as the case may be, or from or against any or either of the said parties or owners, without joining any other or others of them the said parties or owners therein, by action: provided that nothing here- persons paying in contained shall affect any agreement between landlord and SSS^Sta' * tenant, or any other contracting parties respecting the payment Zflwo^r' of any such assessment or charges, but they shall bo answerable to each other in the same manner as if the provisions in this title contained concerning the same had never been made; and if any money so to be assessed, be paid by or collected or recovered from any person or persons when by agreement or by law the same ought to have been borne and paid by some other person or per- sons, it shall be lawful for the person or persons paying the same, or from whom the same shall be recovered by suit or otherwise, to sue for and recover the money so paid by or re- ' covered from him or them, with interest and costs, as so much money paid for the use of the person or persons who ought to* have paid the same, and the said report of the commissioners, with proof of payment, shall be conclusive evidence in such snit. 1 1 lt» * 1 CVU » V sain*» hack. 386 CHARGES OF COMMISSIONERS TO BE TAXED. 1810, oh. US, Comp. voi. ( Vrtnlii ex- penses tl) lie paid hy the corporation, id. $1 ch.:)3. Hi. 5. < lomptroller to publish notice of confirmation of assessment, etc, Interest to be charged if not puid within sixty days. § 990. No such assessment as is directed in and by the pre- ceding section shall be made after the continuation of the report of the commissioners, in cases of the opening of pnhlic squares or places (other than and except the streets and avenues) laid OUl by t commissioner of streets and roads in the city of New York, under and. hy virtue of the act entitled, "an act relative to improvements touching the laying out of streets and roads in the city of New York, and for other purposes,'" passed April third, eighteen hundred and seven, or any or either <>f the said pnhlic squares or places, as altered hy the Legislature, hut all the excess and balance of the sums or estimates of compensation and recompense that may be reported hy the said commission- ers in favor of the respective persons and parties entitled there- to, and of the expenses and charges of the estimate and assess- ment and report thai may he made in the premises, and all other expenses, disbursements and charges in the premises over and above the amount of the sums or assessments which may be assessed by the said commissioners upon the persons and par- tie-, lands and tenements, for the benefit of such public square or place, shall be borne and paid by the mayor, aldermen and com- monalty of the city of New York, without any such assessment and collection as is directed in and by section nine hundred and ninety-four. § iil>7. It shall be the duty of the comptroller to give public notice, by advertisement, for at least ten days, in the City Kecord. immediately after the confirmation of any assessment for a street opening, that the same has been confirmed, specify- ing the title of such assessment, and the date of its confirmation by the supreme court, and also the date of entry in the record of titles of assessments kept in the bureau for the collection of assessments and of arrears of taxes and assessments, and of Cro- ton water rents, notifying all persons, owners of property affected by any such assessment, that, unless the amount as- sessed for benefit on any person or property shall be paid w ithin sixty days after the date of said entry of any such assessment, interest shall thereafter be collected thereon as ^provided in the following section; and all provisions of Jaw or ordinance re- quiring any other or different notice of assessments and interest thereon are repealed. § 998. If any such assessment shall remain unpaid for the period of sixty days after the date of entry thereof in the said record of titles 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 seven per centum per annum, to be calculated from the date of such entry to the date of payment. CHAKOKS Oh COM MISSION KR8 TO BE TAXED. i W\K Whenever an estimate and assessment for loss and w->..-h. *». *u • Coinp. Werson or persons, no interest shall he demanded from snch per- son or persons upon 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 receive for or in consequence of any intervening time between the period fixed for the receipt of the amount of benefit and advantage and the payment of the amount of loss and damage. § 1000. No costs or charges to the said commissioners or oth- isas.oh. aoe, 112, ers shall be paid or allowed for any services performed under cvwtsof this title, unless the same shall be taxed by the said court, who et™ n to^ oners ' are required to make or continue rules to apply to the said bill taxe<1, of costs, the existing laws in relation to the taxation of costs, and the nature and proof of the services rendered and disburse- ments charged, as far as the same can be made applicable; and no unnecessary cost or charges shall be allowed. The fees of such commissioners of estimate and assessment, exclusive of necessary disbursements hereinafter mentioned, shall not exceed in the aggregate the sum of twenty cents a foot for the lineal extent of the street or avenue^ or the portion thereof so to be opened or altered; but when the assessment district shall extend beyond the street or avenue lying nearest to and having the same general direction as the street to be opened, the fees of i8so, C h. sio.si, such commissioners of estimate and assessment may be increased ™umate ners in the aggregate to not exceeding twenty cents for every twen- ty-five hundred square feet of territory embraced in the assess- ment district lying beyond the said nearest street or avenue; but in any case such additional fees of said commissioners shall not exceed ten cents for each lineal foot of the street or avenue or portion thereof to be opened or altered. Xo costs, charges or costs and expenses of any description shall be allowed in such proceeding or charged on any lands affected thereby, except the co/npensa- ' 0,np av; tion of the commissioners as above limited and their necessary disbursements for room rent actually paid, but in no case to ex- ceed one dollar per day; for advertising, printing or posting any notices required by law, and for any other necessary incidental expense, not exceeding one hundred dollars. 1001. A bill of said costs, charges and expenses shall be 18 68,ch. i88,$c, filed with the commissioner of public works at least ten days ^3 before the same shall be presented for taxation, and a notice of gjfj^*** 10 at least ten days shall be published in two of the daily news- papers published in the said city, of the time and place of taxing- said costs, charges and expenses, which shall be thereupon taxed by a judge of the supreme court or a referee under his charges. 1S02.ch. 483, §5. IMSCONTIMIM; l*K< »< KKDINfis. 1864, oh. 122, *2, Comp. 654. Expenses, how assessed. 1873. ck 885, $105, Comp. Oil U Abb. 107. Proceedings as to streets may be discontin- ued. 1839, oh. aoo, *r, Comp. Oil. 1818, ch. 210, $1, Comp. 03". Corporation may suspend opening, etc., 8treets for a limited periin] 10 N. Y. 318; 56 N. Y. 688; 67 Barb. 35. 1313, ch.86, §i;8, Comp. 042. Certain buildings to remain unremoved. special older, ami before the report of said commissioners shall he presented for confirmation. .' 1002. All moneys paid under the provisions of this title by the mayor, aldermen, and commonalty aforesaid, shall he as- sessed equally and proportionately, as far as the same may be practicable, upon the lands and premises benefited by the im- provement, and shall be a lien and charge thereon, and shall be applied, levied, and collected in the manner provided by law for the assessment, levy, and collection of similar expenses and dis- bursements for the reimbursement of the city treasury. § 1003. The hoard referred to in section nine hundred and fifty-five is authorized and empowered to discontinue any and all legal proceedings taken for laying out, opening, widening, straightening, extending, altering, or closing streets or avenues, or parts of streets or avenues, south of Fifty-ninth street, at any time before the confirmation of the report of the commissioners of estimate and assessment in such proceedings, if, in the opin- ion of said hoard, the piiblic interest requires such discontinu- ance, and with the power to cause new proceedings to be taken in suph cases for the appointment of new commissioners. The mayor, aldermen, and commonalty, acting by the authority which commenced such proceedings, shall be authorized at any time previous to the confirmation of the report by the said court, to discontinue all further proceedings relative to any improve- ment under this title, without the necessity of an application to said court for leave so to do. The mayor, aldermen and com- monalty may, except as in this act otherwise specially provided, suspend the opening, extending, enlarging, altering or improv- ing of any street, road, avenue, or public place, which may be ordered to be opened, extended, enlarged, or altered in the said city, for such time or times as they shall think proper, not ex- ceeding fifteen months in the whole, after the confirmation of the report of the commissioners of estimate and assessment. ? 1004. The said mayor, aldermen and commonalty may per- mit any building which shall be either partly or wholly included within the limits of any such street, avenue, public square, or place laid out in the said city, by the commissioners of streets and roads in the city of New York, under and by virtue of the before-mentioned act, entitled "an act relative to improvements touching the laying out of streets and roads in the city of New York, and for other purposes," and so to be opened as aforesaid, to remain unremoved for such time or times as they shall think proper. COMMISSIONERS Idli CI.OslN'o STHKKTS. 889 5 10(15. It shall hi' law ful for the commissioners of estimate i^.oi .;n>, ° ( omp. till. and assessment to administer oaths in all eases, in any manner , appertaining to the opening, extending, enlarging or altering of Swutaoatta. any street or public place in the said city. § 1000. Any notice now required or hereafter to be required ,'"„;'; l ','',,v^ 1 ' ,H, bylaw to be published in any proceeding for the opening, ex- J,''^:"','"',','' 1 '^ eluding, widening or altering any street, avenue, public place, square, or park in said city, shall hereafter be published in the City Record or, when authorized pursuant to the provisions of section sixty-six of this act, in not more than two daily news- papers. Whenever hand-bills now are or hereaf ter may he re- quired by law to be posted in any such proceeding, they shall be posted and affixed with pasto or other adhesive substance in three conspicuous places upon or near the lands to be taken in such proceedings, and proof of such posting shall be sufficient evidence without further proof of said notice having remained posted during the whole of the period required by law. § 1007. It shall he unlawful to open any streets or roads J? n c,, -3 8K 1 • " Comp. 010. through the grounds belonging to the corporation of St. John's st . jm.n s College College, in its actual occupation or use in the Twenty-fourth ward, at what was formerly known as Fordham. § 100S. Nothing contained in this title shall be construed as affecting any provision of special acts relating to particular dis- tricts or portions of the city, so far as such provisions are incon- sistent with the provisions of this title. Title 6.— Closing Streets, Avenues, etc. § 1009. The board of street openings and improvements is comp.'eif. 510 '' authorized and empowered to close all streets and avenues, closing of 1 « ' streets. or such parts thereof as they may deem for the public interest so to do, in that part of the city south of Fifty-ninth street, and to direct the counsel to the Corporation to take such proceed- ings in the name of the mayor, aldermen, and commonalty for the closing of such streets or avenues, or parts thereof, as are pro- vided by law, who shall thereupon apply to the supreme court for the appointment of commissioners of estimate and assess- ment in the matter of the" closing of said street, avenue, or part thereof, in the manner provided by law. And said board is also authorized and empowered to discontinue any and all legal p^eS^ proceedings taken for closing streets or avenues, or parts of maybl ts streets or avenues, south of Fifty-ninth street, at any time be- "j, , ' lsl "'' 1 Bnd authorized pursuant to section sixty-six of this act. in two of the public newspapers printed in said city, of the said deposit thereof in the said office, and of the day on which their report will be presented to the said court, and any person and persons, whose rights may lie affected thereby, and who shall object to the same, or any part thereof, may within ten days I'AVMKNT OF AWAKItS. after tho first publication of the said notice, stale liis, her. or their objections to the same in writing, to the said commission • ors, and the said commissioners, or such of thera as shall make such estimate, in case any objections shall he mad.- to the same, and stated in writing as aforesaid, shall reconsider their said estimates, or the part or parts thereof so objected to, and in case the same shall appear to them to require correction, hut ooi otherwise, they shall and may correct the same accordingly. j!JoMnp?Mb. ^ f' 1 *' s aid mayor, aldermen, and commonality shall, (•..n-oration t.. within four months after the conlirniation of the report of the |iny the kiiiiis 1 uBsoKsed. commissioners in the premises, by the court, pay to the n Bpec ioners were" therein named instead of assessors. w.j8. jj io] v Whenever and as often as the mayor, aldermen, and lu,",' jjwen? l ' commonalty of the city of New York shall l>e desirous to open, lay out. or form any street or public place, or to extend, enlarge, straighten, alter, or otherwise improve any street or public place, which shall be contiguous to, or in the neighborhood of any lot of ground fronting on any street or part of a street, which they may pray to liave closed as aforesaid, then it shall be lawful for them to unite in such application as aforesaid, an application to the said court to open, lay out, and form any such street or public place, or to extend, enlarge, straighten, alter, or otherwise improve any such street or public place, in pursuance of the provisions of title five of this chapter. 1MB, oIlms, §!>. fj 1019. When applications to close and to open, extend, enlarge. Duty and pro- straighten, or alter any street, lane, alley, or public place, shall commissioners, be united in the same application as aforesaid, it shall be the duty of the said commissioners to proceed to and make a just and equitable estimate and assessment of the loss and damage, if any, over and above the benefit and advantage, or of the benefit and advantage, if any, over and above the loss and damage, as, the case may be, to the respective owners, lessees, parties, and persons respectively entitled unto or interested in the lands, tenements, hereditaments and premises fronting on any road, street, lane, or alley, which application may be made to close as aforesaid, by and in consequence of closing any such road, street, lane or alley, or opening, extending, enlarging, straightening or altering any such street or public place ; and it shall not be lawful for the said owners, lessees, parties, and per- sons, respectively as aforesaid, to recover from the said mayor, aldermen and commonalty any larger sum on account of the premises than the sum so estimated to be their loss and damage over and above their benefit and advantage. _ • w §io. § 1020. When applications shall be joined as aforesaid it shall deduced from be the duty of the said commissioners to deduct .from the benefit. « I'lT.l.H SCllOoLs. 396 amount of the damages which may he sustained hy and in con sequence of opening, laying out, and forming any street or pub- lic place, or extending, enlarging, straightening, altering, or otherwise improving any street or public place, the amount which the road, street, lane or alley may he worth, if any, over and ahove the sum which the said mayor, aldermen and com- monalty may lie required to pay for the same as aforesaid, and to assess that sum upon the said mayor, aldermen and common- alty, or if the sum which they shall he required to pay for the *'»•;;, »;™' same as aforesaid shall exceed the value of the same, then it tion - shall he the duty of the said commissioners to award to the said mayor, aldermen and commonalty the amount of such deficiency, and to assess the same upon the property of those which may he benefited as aforesaid. § 1021. In all cases when no part of any lot or parcel of land, Jv.v,!,^,,,, ,,,,. or other premises under lease or other contract, shall he con- I'lS^ni tiguous to any road, street, lane or alley, after the closing of a otJa^JjjS. road, street, lane or alley as aforesaid, all the covenants, con- tracts, and agreements between landlord and tenant, or any other contracting parties touching the same or any part thereof, shall, upon the confirmation of such report in the premises, hy the said court, respectively cease and determine, and he abso- lutely discharged. a»-.-/. 5 2 Vi G 3 CHAPTER XVII. Education. Title 1. — The Public Schools and their Management '. § 1022. There shall he in the city of New York a hoard of ifoomp. 1 ^? 12, education, which shall, under that designation, have full control Bpardpi ' o 7 education. of the puhlic schools and the puhlic school system of the city, subject only to the general statutes of the State upon education. Said hoard shall consist of twenty-one commissioners of com- mon schools, appointed by the mayor. On the third Wednesday w. S3- of November, in every year, the mayor shall appoint seven com- when* 8 missioners of common schools, who shall take office on the first day of January next succeeding, and hold office for the term of three years. Any vacancy in the said office of commissioners 'of common schools, hy death, resignation, or otherwise, shall he filled by appointment by the mayor for the remainder of the unexpired term. Said commissioners shall hold no other office of emolument under either the citv. State, or national govern- appointed. Vacancies, etc. 39d Till-: SCHOOL DISTIMOTS. 1871, eh. 112. Ji. < 'on* p. 787. School dis- tricts. 1M73. oh. 618, ft, us amended 1874, ch. 880, Oomp. 73u. 1873. oh. 112, J". Oomp. 788. Inspectors to In- appointed t p % mayor. Vacancies, how filled. 1878, ch. 118, Sfi as amended ikt.». duSffl, |1, I'omp. 788. Vaoaneie 1851, eh. 386, §2. as amended 185-1, ch. 101. gs, Comp. 740. Board of education. 1873, ch. Hi ft. Comp. 738. Powers aud duties. 55 How. 170; 12 Hun. 073; 00 N. Y. 585 ; 3 Hun. 35: See 1873. ch. 112. 82. ments, except the offices of notary public and commissioner oi deeds. ,s' Krj:». The city of New York is hereby divided into eight school districts, as follows: First district— First, second, third, fourth, fifth, sixth, and eighth wards. Second district — Seventh, tenth, thirteenth, and fourteenth wards. Third district— Ninth and sixteenth wards. Fourth district FJeventh and seventeenth wards Fifth district — Fifteenth and eighteenth wards. Sixth district Twentieth and twenty-first wards. Seventh district— Twelfth, nineteenth, and t wenty-seeond wards. Eighth district — Twenty-third and twenty-fourth wards. >j 1"24. On the third Wednesday of Novemher in every year, the mayor shall appoint in each school district one inspector of common schools, who shall take office on the first day of Jan- uary next succeeding, and hold office for the term of three years. Any vacancy in said office of inspector of common schools, by death, resignation, or otherwise shall he tilled hy the mayor for the unexpired term. § 1($25. On the first Wednesday in Decern her in each year, the hoard of education shall appoint one trustee for each ward, to hold office for the term of five years from the first day of January then next. Said trustees shall he residents of the ward for which they are severally appointed. Any vacancy in the said office of trustee of common schools, hy death, resignation, or otherwise, shall he filled hy the hoard of education for the un- expired term. § 1020. The members of the board of education shall meet on the second Wednesday of January in each year for the purpose of organization, and thereafter, for the transaction of business., as often as they may determine ; they shall elect one of their number president, and shall appoint a clerk, and as many assist- ant clerks and other officers for the transaction of the business of the board as may be necessary, who shall severally hold their offices during the pleasure of the board, and whose respective duties, powers, and compensation shall be regulated and deter- mined by the board. Said board shall have full control of the public schools and public school system of the city, subject only to the general statutes of the State upon education. § 1027. The board of education shall have power : 1. To take and hold property, both real and personal, devised or transferred to it for the purpose of public education in the city of New York. POWERS OF BOARD OF EDUCATION. To appoint a city superintendent <»!' schools, and one or '■• N J Bupi * , . looj M N . V more assistant superintendents, and also a superintendent of " 1 I Alili, N ( il , school buildings, whose respective duties, powers, salaries, and ,' '' ,p ' terms of office, except as herein otherwise provided, sliall he em •.,„.. .,■■„ regulated and determined by the hoard of education : and to HiiatanU. employ, under thi' superintendent of school buildings, necessarj Workmen, and provide necessary materials for repairing, altering, and enlarging school or other buildings ; but this provision shall not be construed to compel the trustees of any ward to use or employ such workmen or materials for any purpose whatever. 3. To appoint principals and vice-principals for the grammar, primary, and evening schools under its control, upon the writ- SrtJgK&'efc ten nomination of a majority of the trustees of the ward, stat- Ji!;;;'!,^",','.',!";,",.. ing that the nomination was agreed to at a meeting of the board of trustees, at which a majority of the whole number in office were present. In case the persons nominated for the positions of principal or vice-principal by the trustees, as hereinabove provided, are not appointed by the board of education within twenty days after their nomination, the said board of education shall, after the expiration of that time, have the sole power to select and appoint such principal or vice-principal as said board may, by a majority of the whole number in office, at a general meeting or a special meeting called for that purpose, determine. 4. To discontinue any school whenever, owing to any nui- jll 1 ;^]!^*]^, sauce or other circumstance in the immediate vicinity of any ^ ch ^ w school, or to the small attendance of scholars therein, or other i'is.-.,niinii« •j ii i t oon of scnoob. sufficient reason, it shall appear to the board of education neces- sary and proper. But before discontinuing any school, the said board shall give notice to the trustees of the ward of its inten- tion to consider the propriety of such discontinuance, and in thirty days after such notice may proceed to investigate the matter, and if a maiority of the school officers of the ward shall consent to the same, and if the said board shall determine hy a vote of a majority of all the members thereof, that it is proper to close the same, it shall be the duty of said board to withhold all moneys which may have been apportioned or appro- priated for the support of said school, and the said school shall not thereafter participate in any subsequent apportionment of the school moneys. So soon as the same shall take effect, the comptroller of the city shall be notified thereof by the said board, and the said school-house and site may thereupon be used or disposed of as a part of the general property of the city. 5. To draw from the moneys which shall be raised for the '^m^cT J " purposes of public education such sums as may be required for fo5^ 2aon! b ' the purpose of defraying the necessary incidental expenses of the board, and such further sums as may be required for the i'OWKRS OF HOAKJ) OF KDLX'ATIOX. I . Y M 1 1 1 1 1 Jll t i< >) 1 Of schools, Rules 0( order, etc. [Tree academy, nml additional institutions. Hall of the board. 1SC3, eh. 473. S3. Comp. TOO. 1871, ch. 574. $100, subd. 2, Comp. 757. Personal property. 1851, ch. 380. $8, ns amended I864,ch.351,§13. Comp. 741. In what cases school officers to be removed. 3 Hun. 177; 17 Abb. 301. payment of the salaries of such clerk and other Officers B l Mia;, bo appointed by virtue of the authority vested in the board, and of such other expenses as maybe necessarily incurred by 1 1n- board in pursuance of the provisions of this chapter. To Visit and examine the schools subject to the provisions of this chapter. 7. To make rules of Order and bydaws for the government of the board, its members and committees, and general regulation- to secure proper economy and accountability in the expenditure of the school moneys. 8. To organize an institution for females similar to the free academy, as the same existed in eighteen hundred and fifty-one. When so organized, all the provisions of this chapter relative to the free academy shall apply to each and every one of the said institutions now existing or hereafter established fully, com pletely, and distinctly as they could or would if it was the only institution of the kind: to distinguish each existing and future institution by an appropriate title; and to purchase, erect, or lease sites and buildings for each and all of the said institutions, provided that no additional, institution shall be authorized or organized by the board of education unless a majority of the whole number of members of the said board shall vote in favor thereof. ;>. To use and control the premises known as the hall of the board of education, at the corner of Grand and Elm streets: to direct the purposes for which the same may be occupied, and t<» make all the repairs, alterations, and additions in aiid to the same which the board may deem advisable; and to provide such addi- tional sites and buildings as may be necessary for the purposes of this chapter, the title of- which shall in all cases be vested in the mayor, aldermen, and commonality of the city of New York, but no such additional site or building shall be provided except with the consent, by vote, of three-fourths of all the members of said board. , 10. To dispose of such personal property, used in the school or other buildings under the charge of the board, as the trustees or committees having the immediate charge thereof shall cer- tify is no longer required for use therein, and all moneys real- ized by the sale of any -such property shall be paid into the city treasury. 11. To remove from office any school officer who shall have" been directly or indirectly interested in the furnishing of any supplies or materials, or in the doing of any work or labor, or in the sale or leasing of any real estate, or in any proposal, agreement, or contract for any of these purposes, in any case in which the price or consideration is to be paid, in whole or in POWKliS OK HO A If I) <»| KDl ( ATlo.V pail, or directly or indirectly, out of any school moneys, or who shall havo received, from any source whatever, any commission, or other compensation in connection with any of the matters aforesaid; and any school officer who shall violate the preceding provisions of this section shall he deemed guilty of ;i misde- When guilty ot ... . misdemeanor. meanor, and upon conviction thereol, shall he punished hy a tine not exceeding one thousand dollars, and imprisonment in the city prison not exceeding one year, and shall also be ineli- gible to any school office. The hoard shall also have power to Bowtnuurn remove from office any school officer who shall have heen guilty «-• •».-! of immoral or disgraceful conduct in any matter connected with DIB official duties, or which tends to discredit his office or the school svstem. If one or more school officers or tax-pavers si,.,n n,.a. J x •/ Investigation. of the city of New York, shall present a written charge to the hoard of education, accusing any school officer of a violation of, or liahility to, any of the provisions of this section, it shall be the duty of the said hoard to cause the same to he fully invest i gated. All testimony taken upon anv sue h investigation shall c.mon pims 1 * , may compel he under oath; and the court of common pleas shall have power, J^SS? 1 * upon the application of the board.of education, to compel any witness who may he summoned to appear and testify before the said hoard or any committee thereof. 12. Whenever it shall appear to the hoard of education, that >*w. <-•> ™ ' , Comp. Tj6. tin 1 trustees of any ward are neglecting any school under their proceedings on control to the detriment of the pupils in said school, to take "nwtees? charge of such school, to manage the same, to furnish all need- ful supplies and to appoint the proper teachers therefor, until the first day of January next succeeding. But the said board of education shall not take charge of any such school on account of any alleged neglect until the board of trustees of the ward in which said school is situated shall first have been notified of the neglect charged, and have an opportunity to be heard before said board or its committees on the subject. 13. With the consent of a majority of the trustees for the km. <*.»», §«. " •> as amended ward, or without such consent, bv a vote of two-thirds of the i«M,ch ; .v.i.ji:. * Comp. n ' p 1 plr the board of education to decide finally upon every such appli- ^ 3 f " r new •cation within thirtv five davs after the same is presented to it; when appeal t .j, ■■, . , . _ *■ may be had to and it the said hoard shall omit to do so, or shall deny the appli- ^ d t_? peria " cation, and a majority of the inspectors for the district shall cer- tify that there is probable cause for granting the application , the trustees may appeal to the State superintendent of public in- struction, whose* decision in the matter shall be binding upon all too DUTIES OF BOABD or EDUCATION. the parties, and if adverse to the application, 1 1 1 « • same shall not be renewed during the term of one year next thereafter, aenerai 14. And for the purposes of this dhapter the saM board shall possess the powers and privileges of a corporation* .5 1028. It shall be the duty of She hoard of ednc.it ion : L8M,«i.MMa l. Ti, apportion all the school inonevs which shall bare been as amended L . i«4,c^.ipi, raised for the purposes of meeting the current annual expenses school moneys, of puhlic inst i uction, to tlie schools entitled to participate t herein hy the provisions of this cliapter. Co]>3 appor- 2. To file with the chamberlain of said city, on or before the died. first Monday of April in each year, a copy of their apportion- ment, stating the amount apportioned to the schools under Un- charge of the hoard of education, and to the truste es, managers, and directors of the several schools enumerated in this chapter. v is amended :;. To provide evening schools for those whose ages or avoca- i lomp. i i i. t ions are sueh as to prevent their attending the day schools estab- whooi"? lished by law, in such of the ward school-houses or other build ings used for school purposes, and in such other places in said city as they may from time to time deem expedient, and also to Schools for col- provide schools for colored children, and also a normal school ol- eic. t1 """' .school £or those desirous to become teachers, and for teachers, which shall be attended by such of the teachers in common schools as the hoard of education, by general regulations, shall direct, under penalty of forfeiture of their situations as teach ers by omitting to attend, which forfeiture shall bo declared by the board of education: and to appoint teachers for the normal and colored schools, and also upon the nomination of the trus- tees of the respective wards to appoint teachers for the evening schools, and said board shall furnish all needful supplies for the evening, normal, and colored schools. Supplies. 4. To furnish all necessary supplies, or make regulations for furnishing such supplies for the several schools under their care, but when such supplies are furnished by the board of edu- cation they shall be obtained by contract, proposals for which shall be advertised for the period of at least two weeks. As amended 5. To make and transmit, between the fifteenth dav of Jan- 367, §i. ' uary and the first day of February in each year, to the State perinteuaent superintendent of public instruction, and to the common coun- sctioX n cil of the city of New York, a report, in waiting, bearing date on the thirty-first day of December next preceding, stating the whole number of schools within their jurisdiction, specially designating the schools for colored children: the schools or so- cieties from which reports shall have been made to the board of education, within the time limited for that purpose; the length of time such schools shall have been kept open; the amount of public money apportioned or appropriated to said school or so- i>r m:s < >k hoard of kiuvatk >.v 401 eiety; the number taught in each school; tho whole amount of money drawn from the city chamberlain for the purposes of public education during the yea'- ending at tho date of their re- port, distinguishing the amount received from the general fund of the State, and from all other and what sources; the manner in which such moneys shall have been expended; and such other information as the State superintendent of public instruction may, from time to time, require in relation to common school education in the city and county of New York; and the report winch tin 1 board of education is hereby required to make shall be held and taken to be a full compliance with every law re- quiring a report from the said board, or any officer of the city and county of New York, except the city superintendent, rela- tive to the schools in the said city, or any matters connected _ Penalty f<>r not therewith. If the board of education shall neglect to make ataUa^ report such annual report within the time limited, the share of school moneys apportioned the city and county of .New York may, in the discretion of the State superintendent of public education, be withheld until a suitable report shall have been rendered. G. By general rules and regulations, to provide the proper i«i.rh.3«r.. §i& classification of studies, scholars, and salaries in such manner ism, ch. km. that, as near as practicable, tbo system of instruction pursued °'" P in the common schools, and the salaries paid to teachers shall be uniform throughout the city. jfti099. The title to all school propertv. real and personal, oawiflcation s r ' of studies, et<\ purchased with any money derived from the distribution or ap- i85i.ch.386, $20, portionment of the school moneys, or raised by taxation in the "<•!"■>»?. $11. city of New York, shall be vested in the mayor, aldermen and • commonalty of said city, but shall be under the care and control of the board of education, for the purpose of public education, and all suits in relation to the same shall be brought in the Ame&r vested in the ism, ck a>7. is, i" e~i Comp. iM<. Public School Society of the city of New York, as organized and DUTIES <>i- SCHOOL COMMISSIONERS. Trunin and es- tates of Public School KocieO . 1868, ch. 301. 1861, ch. 886. |8, Conip. r>. Powers nnil rlutics of commissioners Meetings of lioiinl Bep< 'its. K.xiimination of schools. inn. ch. IIS, |6, t lomp. 73N. KxistiiiR laws, how construed IK5I. L-h.:Wi, SS-V .17. Oomp, ! IS, 755. Clerk of hoanl. Clerk of hoard may administer oaths. 1861, ch. 386, as amended 18M,ch.861,S14, Comp. 745. Hut y of inspec- tors as to ex- penses of schools. Attendance and conduct of teachers and pupils; condi- tion of prem- ises. existing previous to its several acts in compliance with the pro- visions of act entitled ''an act relative to common schools in the city of New York," passed the fourth day of June, one thou sand eight hundred and fifty-tliree, which have not heen ton veyed hy 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 bo the lawful successors of the said society in the execution of every trust. § 103J. It shall be Hie duly of the commissioners of common schools: 1. To attend all tbe meetings of the board of education; and if any commissioner shall refuse or neglect to attend any three successive stated meetings of the board, after having l>een per- sonally notified to attend, and if no satisfactory cause of his non-attendance be ^liown. the board may declare his office va- cant. 2. To transmit to tbe board of education all reports made to tbem by the trustees and inspectors of their respective wards. 3. To visit and examine all the schools entitled to participate in the apportionment. jj 1082. Whenever in any laws the words board of education or commissioners of common schools shall occur, said words shall be taken to mean and comprehend respectively the board of education and commissioners of common schools as herein provided for. $ 1033. The clerk of the board of education shall have charge of the rooms, boflks, papers, and documents of the board, and shall, in addition to his duties as secretary of the board, perform such other clerical duties as may be required by its members or committees. He is authorized to administer oaths and take affidavits in all matters appertaining to the schools in the city and county of New York, and for that purpose shall possess all the powers of a commissioner of deeds, but shall not l>e entitled to any of the fees or emoluments thereof. § 1034. It shall be the duty of the inspectors of common schools, or a majority of them, in their respective districts, to examine in respect to every expense certified as correct by a ma- jority of the trustees of any ward in the district, and to audit every such expense which may be just and reasonable ; and no expense shall be paid unless audited in this manner. They shall also examine, - at least once in every quarter, all the schools in the district, in respect to the punctual and regular attendance of the pupils and teachers ; the number, fidelity, and competency of the teachers ; the studies, progress, order, and discipline of the pupils: the cleanliness, safety, warming, ventilation. DUTIES OF SCHOOL TRUSTEES. 408 and comfort of the school premises, and whether or not the provisions of the school law s, in respect to the teaching of sec (arian doctrines, or the use of sectarian hooks, liave heen vio- f^^f am '" latedj and call bhe attention of the trustees, without delay, to every matter remiiriny; official action. They shall also, on or To whom and J in when Idhjxm:- hefore the thirtv litst dav of December m each year, make a to™ to mok«< ■* " « report, w ritten report to tin- hoard of education and to the hoard <>f trustees, in respect to the condition, efficiency, and wants of the district in respect to schools and school premises. § 1035. It shall he the duty of the trustees for each ward, and o^'w'^' they shall have the power : Duty of J 1 trustee*. It To have the safe keeping of all the premises and other property, property used for or belonging to the ward schools and the ward primaries in their respective wards. 2. To appoint, by a majority vote, at a meeting of the board cSmfim.' v *' of trustees, teachers, other than principals and vice principals, . and also janitors. 3. Under snch general rules and regulations, and suhject to supplies. ° * An amenthe property and affairs of each school under their care ; and the titles of all books used, with such other information as the board of education shall require ; and for the purposes of this section, each department shall, whenever practicable, be considered as a separate school. 0. To hold, as a corporation, all personal property vested in or transferred to them for school purposes in their respective wards. 7. To render, at the expiration of their respective terms of office, to their successors, a just and true account in writing of all moneys received by them for school purpose^, and of the manner in which the same shall have been expended, and to pay any balance which may remain in their hands to their suc- cessors. » S. To meet statedly at times to be by them appointed, and to declare vacant, by a vote of a majority of the trustees of the ward, the seat of any person elected or appointed as a trustee, who shall refuse or neglect, without satisfactory cause shown by him to the said trustees, to attend any three successive stated meetings of the trustees, after having been previously notified to attend. § 103G. All expenses incurred for the support of common schools in the respective wards shall be ceiiified by the trustees of common schools in such wards, or a majority of them, and Sll'KKlNTKNPKNT OF SCHOOLS. delivered to the inspectors of said ward ; and it shall bo the duly kxp-iim..-., i„,« of said inspectors to examine and audit flic same, and upon said "!'!• ch inspectors being satisfied of tbeir correctness, to certify the same to the board of education. All bills audited and paid shall be tiled with the board of education. {5 1037. Upon a decision favorablo to the establishment of a 1 hm. ,.1 v * Lomp ,Kl. school or schools in any of the wards of the said city, it shall be Bom mginlnd lawful for the school Officers of said ward to proceed to organize one or more schools, such as may be authorized by the board of education, and to procure a school-house, by purchasing or hiring the same, or by procuring a site and erecting a building thereon, according to plans and specifications and contracts which shall have been duly filed with and approved by the board of education, the erection of which said building, and the fitting up thereof, and the fitting up of any hired building, shall be done by contract, proposals for w hich shall be advertised for two weeks previous to deciding upon estimates thereon, unless such fitting up shall not exceed the sum of two hundred dollar-. § 1038. The board of trustees for the ward, by the vote of the \%t£& 1 - |u majority of the whole number of trustees in office, may remove teachers employed therein, other than principals and vice- prin- cipals, and may also remove janitors, provided the removal is ap- proved in writing by a majority of the inspectors for the district, and provided further, that any teacher so removed shall have a right to appeal to the board of education, under such rules as it may prescribe, and the said board shall have power, after hear- ing the answer of the trustees, to reinstate the teacher. $ 1039. The city superintendent shall be, subject to such gen- ^S'jjjj'gj! era! rules and regulations as the State superintendent of public as amended / • • ^ * m -it' 1854, ch. 2Gt, fl, instruction may prescribe, and appeals from his acts and decis- Comp.jo. ions may be made to the superintendent in the same manner and Sn^enSo with like effect as in cases now provided by law ; and he shall ma prep,,rt make annually to the State superintendent of public instruction, at such times as shall be appointed by him, a report in writing, containing the whole number of schools in the city and county distinguishing the schools from which the necessary reports have been made to the board of education by the commissioners, inspectors, and trustees of common schools, and containing a cer- tified copy of the reports of the board of education to the clerk of the city and county, with such additional information as the State superintendent of public instruction may require. § 1040. The city and assistant superintendents of schools shall ^ m p h ^ ),s " take and subscribe, before the clerk of the board of education, the City superiii oath of office prescribed by the constitution of this State ; shall ary aud term each hold office for the term of two years, and until his successor is appointed, subject to removal by the board, on complaint, for 40G SUPERINTENDENT OF schools. • cause stated ; shall respectively receive such compensation as the board of education may designate, which shall not he changed during the term of office of any incumbent ; and shall be subject to such rules and regulations as the board of education may establish. It shall be specially the duty erf tlx- city superin- tendent : Jch2?h onor ] - To visit every school under the charge of the board of education as often as once in each year ; to inquire into all mat ters relating to the government, course of instruction, books, studies, discipline, and conduct of such schools, and the condi- tion of the school-houses, and of the schools generally, and to advise and to counsel with the said trustees in relation to their duties, the "proper studies, discipline, and conduct of the schools, the course of instruction to be pursued, and the hooksof elemen- tary instruction to bo used therein ; and to examine, ascertain, and report to the board of education whether the provisions of the act in relation to religious sectarian teaching and books have been violated in any of the schools of the different wards of the city ; and to make a monthly report to the board of education, stating which (tf the schools have been visited by him. and adding such comments, in respect to the matters above specified, as he may i^i*'"i < i"ioi. 1 consider necessary and advisable : and to transmit to the re- spective boards of ward trustees copies of so much of such reports as relates to schools under their management. of X ?"nohera 0n 2. Under such general rules and regulations as the board of lw^cKaMsifl education may establish, to examine into the qualifications of persons proposed as teachers in any of the schools under the charge of the board. Such examination shall be conducted by the city superintendent of schools, or such one of his assistants as he may designate, in the presence of at least t wo inspectors of com- mon schools, who shall be designated for the purpose by the by- Licenses laws of the board ( >f education. Licenses shall be granted to those persons found upon such examination to be entitled thereto, which shall be in the form prescribed by the said by-laws, shall be signed by the city superintendent, and by at least two inspect- ors designated for the purpose, who shall certify that they were present at the examination, and concur in granting the license. The license of any teacher may be revoked for any cause affect- ing the morality or competency of the teacher, by the written certificate of the city superintendent, and the written concur- rence of two of the inspectors for the district in which the teacher is employed ; but no such action shall be taken until at least ten days' previous notice has been allowed ; nor shall it take effect until such certificate of revocation has been filed in the office of the clerk of the board of education, and a copy served upon the teacher. It shall be the duty of the city superinten- Revocation of liivnsf. • SCHOOL TK U HKKs AM) OFFICERS. I"7 cleut to reexamine any teacher upon the written request of any • ««»»'« two inspectors of the district, or three trustees of the ward in which the teacher is employed. Any teacher whose license has > ■«<•■ , 9 - ~, . Mi|M-rlntfii(l been revoked as aforesaid, may appeal to the State supcrniten ,-„t dent of puhlic instruction, within ten toys after service of a copy of a certificate of revocation, by the service of a written notice of appeal upon the city superintendent, and in case such appeal is taken, the teacher shall not he disqnalitied until the re- vocation is continued by the State superintendent. The city superintendent, in his annual report to the board of education, shall include a list of the licences granted and revoked by him. 3. (ienerally, by all the means in his power, under the regu- General duty i. lations of the board of education in respect thereto, to promote i-c.i' 'h "101 sound education, elevate the character and qualifications of teachers, improve the means of instruction, and advance the in terests of the schools committed to his charge. ' •• 11 ■>'' • ~ us umt-ndi-u subscribe, before the clerk of the hoard of education, the oath \*^\^- prescribed. bv the constitution of this State, and give such secu- Superintend- " * i i • » i • «» ent of school city for the laithtul performance of the duties of his office as buiidinim the board of education may dire* t ; and the department under his charge shall be subject to such rules and regulations as the said hoard may establish, one of which shall prohibit the per- formance by him of any work on other account similar to that performed under the regulations so established. § 1042. Any teacher may be removed by the board of educa- JvmiJ'S.'' 11 ' tion upon the recommendation of the city superintendent, or of a majority of the trustees for the ward, or of a majority of the ^c' n ,a ^ T S: » inspectors for the district, but only bv a vote of three-fourths of Com P- 7 * i • -it -i* How rei- all the members of said board. 3 Hun, it | 1043. The following shall be substantially the form of oath ^i£^ a ? a J 88 ' or affirmation to be made by the teacher : ''A. B., of the city of New York, teacher of No. Form of oath department, being duly sworn or affirmed, declares and says, that to the best of (his or her) knowledge and belief, the average number of children, actual residents of the city and county of New York, at the time of attending said school, between the ages of four and twenty-one years, who attended said school or department, each school-time or half day from the day of to the first day of January, was Said average having been obtained by adding together the num- ber of scholars present each school-time or half day and dividing the total by four hundred and sixty.'' ^ 1044. No compensation shall be allowed to the commission- lssi.co.sas.w, ers, inspectors, or trustees of common schools for any services commissioners performed by them, but thn commissioners and inspectors shall Srtpay! 1 ' 1 *" 00. removed. 408 SCHOOL TEACHERS AND OFFICERS Id. $w, Comp. 755. School officers not to be interested in contracts. Teachers not eligible lis coin inbisloners or Inspectors. M. $31, Comp. 753. Penalty for neglect of duty d. S3-', as amended 1854, ch. 101, Comp. 754. Penalty for false reports. is5l,ch.SS6.§3l. Comp. 751. Costs of suit 1864, ch. 851, |8, Comp. 759. Officers to bp residents of the districts for which they are chosen. Id. §10. receive their actual and reasonable expenses while attending to the duties of their office, to he audited ami allowed hv the hoard of education. J S 1046. No school officer shall he interested in any contract, payments under which are to he made, in whole or in part, out of any moneys derived from the school fund or raised by taxa- tion for the support of common schools. No teacher employed in any of the schools entitled to participate in the apportionment of the school moneys shall be eligible to the office of commis sioner, inspector, or trustee of common schools. £ 1040. Every school officer who shall refuse or neglect to render an account, or to pay over any balance in his hands, at the expiration of his term of office, shall for each offense for- feit the sum of fifty dollars, which sum, together with paid unpaid balance, shall be sued for and collected by the hoard of education, who shall prosecute without delay for the recover}' of such forfeiture, together with the unpaid balance ; and in case of the death of such school officer, suit may he brought against his representatives, and all moneys recovered, aftec deducting expenses, shall l>e placed at the disposal of the hoard of education. ji 1047. Every person in the employ of the board of education, and every school officer, and every officer or teacher of a school or society, who shall willfully sign a false report to the board of education, shall, for each offense, forfeit the sum of twenty-five dollars, and shall be deemed guilty of misdemeanor ; and every such person or officer who shall willfully misapply any of the public funds committed to his care, shall be deemed guilty of embezzlement. ;> 1048. In any suit which shall hereafter be commenced against the commissioners or trustees of common schools for any act performed by virtue of, or under color of their offices, or for any refusal or omission to perform any duty enjoined by law. and which might have been the subject of an appeal to the superintendent, no costs shall be allowed to the plaintiff in cases where the court shall certify that it appeared, on the trial of the cause, that the defendant acted in good faith. But this pro- vision shall not extend to suits for penalties, nor to suits or proceedings to enforce the decisions of the State superintendent of public instruction. § 1049. Every school officer shall, at the time of his election or appointment, be a resident of the district or ward for which he is appointed, and every trustee removing from the ward for which he is appointed, and every school officer removing from the city, shall thereby vacate his office. § 1050. Every person appointed to a school office in said city shall, before entering on the duties of his office, and within fif- OOLLEGS Of THE CITY OF NKW STORK. 401» t »•*>!) daws from the time of bein^ notified of his appointment to ■ v »-i«.)9. grammar, primary, and evening schools. schools cinssi " r J fled. § 1054. Whenever the clerk of the city and county shall re- i85i,ch.386.fu, ceive notice from the State superintendent of public instruction of the amount of moneys apportioned to the county of New *' Y&ik for the support and encouragement of common schools therein, he shall immediately lay the same before the board of aldermen of said county; and the chamberlain of the said city shall apply for and receive the school moneys apportioned to the Pubitcaci i said county as soon as the same become payable, and place the mone> same in the city treasury. Title 2.— The College of the City of New York. § 1055. The College of the city of New York, formerly known im, oh at*, «n as the Free Academy in the city of New York, shall continue hihSJsw. to be a separate and distinct organization and body corporate, Sf '§8w York i> and as such shall have the powers and privileges of a college, oiKaabstion. pursuant to the revised statutes of this State, and be subject to the provisions of the said statutes relative to colleges, and to the 4:10 coi,i.k<;k ok tiik city of new yokk. visitation of the regents of the university, in like manner with the other colleges of the State. 1,1 ?: 105G. Tlx; members of the said board of education, together with the president of the college, shall he ex-officio the trustees wii"t"i... of the said college, and shall have and possess the powers con - tniBteen of „ mZ. college. 1 erred upon, and he subject to the duties required of the trustees of colleges by the revised statutes. The president of t he college iKVi. i-h. cm. shall be a member of the executive committee of the said ( ■in). trustees for its care, government, and management. '.'m,,', 1 '.,!' 1 $3, Ji 1057. All acts of the legislature which were in force on March thirtieth, eighteen hundred and sixty-six. in regard to the said Free Academy, and b> its control, management, support, and affairs, and which are not inconsistent with the provisions of this act, and not since modified or repealed, are hereby de- clared to be applicable to the said college. Sff 53 "' SS 105*. The ( 'ollege of the city of New York shall be entitled In'h'l^nV.'/.r!'''"' *° participate in the distribution of tho income of the literature and other funds in the same manner and upon the same condi- tions as the other colleges of the State, and the regents of the university of the State of New York shall pay annually to the board of education of the city and county of New York, the dis- _ tributive share of the said funds to which the said College of the city of New York shall by law be entitled, and which -sliall be .•ipplied and expended for library books for the said college. ^Muw. P. § 1059. The trustees of the College of the city of New York cump'roi shall annually, on or before the fifteenth day of November, re- ihuteeatora- port to the board of estimate and apportionment such sum, not port to board of 1 . , \ r supervisors. exceeding one hundred and fifty thousand dollars in any one B year, as they may require for the payment of the salaries of the professors and officers of the said college, for obtaining and fur- nishing scientific apparatus, books for the students, and all other necessary supplies therefor, and for repairing and altering the college buildings, and for the support, maintenance, and general expenses of said college, ifamend^' §3 ' $ 1060. The board of education shall continue to furnish. com^MSL 7 ' $1 ' through the College of the city of New Y'ork, the benefit of edu- cation gratuitously, to persons who have been pupils in the common schools of the said city and county, for a period of time to be regulated by the board of trustees not less than one year. And the trustees, upon the recommendation of the faculty of the said college, may grant the usual degrees and diplomas in the arts to such persons as shall have completed a full course of study in the said college. B ubd.t' 3S6 ' §3 ' 8 1061 - The trustees of the College of the city of New York lsa^Ktt, shall make and transmit annually, on or before the first day of comp. 743. February in each year, to the board of aldermen, and also to the AITOUTIONMKNT OF SCHOOL MONEYS. secretary of the hoard of regents of the university of tin- State luting n » to coIIck«v of New York, a report, dated on the thirty -first day ol Decem- ber next preceding, which report shall state the names and ages of all the pupils instructed in such college during the preceding year, and the time that each was so instructed, specifying which of them have completed a full course of study therein, and which have received degrees, medals, and other special testi- monials ; a part icular statement of the studies pursued hy each pupil since the last preceding report, together with the hooks such student shall have studied, in whole or in part, and if in part, what portion; an account or estimate of the library, philo- sophical 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 hoard of education re- ceived during the year for the purposes of such college, and from what sources, specifying how much from each, and the particular manner, and the specific purposes for which such moneys have heen expended; and such other information in relation to educa- tion in the said college, and the measures of the hoard of trustees in the management thereof, as the hoard of aldermen, or the re- gents of the university of the State of New York may. from time to time, require. Title ?>. — Miscellaneous. >j 1062. No school shall be entitled to or receive any portion iMi.ch.3S6.si8. ■* 1 Comp. 730. of the school moneys in which the religious doctrines or tenets Religious doc- of any particular christian or other religious sect shall be taught. i"oks. a " inculcated, or practiced,, or in which any book or books, con- taining compositions favorable or prejudicial to the particular doctrines or tenets of any particular christian or other religious sect 9hall be used, or which shall teach the docrines or tenets of any other religious sect, or *vhich shall refuse to permit the visits and examinations provided for in this chapter. But noth- ing herein contained shall authorize the board of education to exclude the Holy Scriptures, without note or comment, or any selections therefrom, from any of the schools provided for by this chapter; but it shall not be competent for the said board of , education to decide what version, if any, of the Holy Scriptures, without note or comment, shall be used in any of the schools; provided that nothing herein contained shall be so construed as to violate the rights of conscience as secured -by the constitution of this State and of the United States. § 10G3. The school established and maintained by the Five igss, ch. 406, |i, Points house of industry in the city of New York, the school ^"p- 768 - APPORTIONMENT OP SCHOOL MONEYS. Distribution of common school fund 1802, ch. 858, $1, Comp. "On. 1851, ch.886. §20, us uiihmkIimI 1K.M, CD, 101, Comp. 750. Id. } 21. Accidental omission to report not to forfeit moiit'y. 1861, ch.886, 522. 18Bi.ch.8SS, $30, Comp. 17-16. 1805, ch. 100, S24, Comp. 1773. as amended 1853,ch.301. §13, Comp. 751. ' established and maintained by the ladies' home missionary society of the Methodist Episcopal church, at the institution in Park street, near the place usually called the Five Points, in the said city, and the industrial schools established and maintained under the charge of the Children's Aid Society, iu the city of New York, shall participate in the distribution of the common school fund, in the same manner and degree as the common schools in the city and county of New York, and shall be sub ject to the same regulations and restrictions as are now by law imposed on the common schools of New York. £ 10(54. The board of education shall require from the execu- tive committees conducting schools by appointment of the board, and from the trustees, managers, or directors of the corporate schools entitled to participate in the apportionment of school moneys, a report in all respects similar to that required from the trustees of each ward by section ten hundred and thirty-five of this act. And in making the apportionment among the several schools, no share shall be allotted to any school or society from which no sufficient annual report shall have been received for the year ending on the last day of December im- mediately pr ec ed ing the apportionment. § 1065. Whenever an apportionment of the public money shall not be made to any school, in consequence of .any acci- dental omission to make any report required by law, or to comply with any other regulation or provision of law, the board of education may, in its discretion, direct an apportionment to be made to such school, according to the equitable circumstances of the case, to be paid out of the public money on hand, or if the same shall have been distributed, out of the public money to be received in a succeeding year. $ 1066. The New York Orphan Asylum school, the Roman Catholic Orphan Asylum school, the schools of the two half- orphan asylums, the school of the Society for the Reformation of Juvenile Delinquents in the city of New Y r ork, the school for the Leake and Watt's Orphan's House, the school connected with the alms-house of the said city, the school of the Associa- tion for the benefit of Colored Orphans, the schools of the American Female Guardian Society, the schools established and maintained by the New York Juvenile Asylum, by the New York Infant Asylum, by the Nursery and Child's Hospital, in- cluding the country branch thereof, the schools organized under the act entitled "an act to extend to the city and county of New York the provisions of the general act in relation to com- mon schools, passed April eleven, eighteen hundred and forty- two," or an act to amend the same, passed April eighteen, eighteen hundred and forty-three, or an act entitled "an act m NAUTICAL SCHOOL. U3 IQOVe effectually to provide for common school education in thvnty and county of New York, passed May seventh, eigbto— hundred and forty-four," or any of the acts amending the same, and in- cluding such normal schools for the education of teachers as the hoard of education may organize, and such schools as may he Xui\^\ i ■• organized under the provisions of this chapter, shall he subject won * y to the general supervision of the board of education, and shall be entitled to participate in the apportionment of the school moneys as provided for in this chapter, but they shall be under the immediate direction of their respective trustees, manage) s. and directors, as herein provided. $ 1067. The trustees, managers, and directors of any of the l^ii^d^* 88 ' corporate schools entitled to participate in the apportionment of c^p/raa the school moneys, may at any time convey their school-houses ^SSiw and sites to the corporation of the city of New York, and trans- S^p^to'* fer any of their schools to tho board of education, on the terms clty ' and in the manner to be agreed upon and prescribed by the board of education, so as either to merge the said schools in the ward schools or adopt them as ward schools ; and the samo shall then be ward schools, subject to all the rules, duties, and liabili- ties, and enjoy the same rights as if they had been originally es- tabhshed as ward schools. § 106S. The board of education are authorized and directed cSp?™?' 1 ' to provide and maintain a nautical school in said city, for the J;™ towubifsh education and training of pupils in the science and practice of nauticalscll00, navigation ; to furnish accommodations for said school, and make all needful rules and regulations therefor, and for the number and compensation of instructors and others employed therein ; to prescribe the government and discipline thereof, and the terms and conditions upon which pupils shall be received and instructed therein, and discharged therefrom, and provide in all things for the good management of said nautical school. And the said board shall have power to purchase the books, ap- Booim,etc. paratus, stationery, and other things necessary or expedient to enable said school to be properly and successfully conducted, and may cause the said school or the the pupils or part of the pupils thereof to go on board vessels in the harbor of New York, and take cruises in or from said harbor for the purpose of obtaining ;) practical knowledge in navigation and of the duties of mari- ners. And the said board are hereby authorized to apply to the United States government for the requisite use of vessels and supplies for the purposes above mentioned. 1069. The board of education is herebv authorized and re- J* 3 ^ ch - . " <* %A. Comp. 1786. quired to distribute to the managers of the New York lnstitu- j^to^ 100 ' tion for the Blind a ratable proportion of the said school fund to F' v **nto r r v. v managers. every blind pupil in said institution, without regard to age. t 1 I COl'ins AND JUDICIAL PROCEEDINGS. IHT3, oh. 28, ( !omp. 764. ExecutlTe cniiiiiiittrc Id. SI- Committee of chamber of commerce. Reports § 1070. The said board of education shall appoint annually at least three of their number, who shall, subject to the control, supervision, and approbation of the board, constitute an execu- tive committee, for the care, government, and management of such nautical school, under rules and regulations so prescribed and whose duty it shall be, among other things, to recommend the rules and regulations which they deem necessary and proper for such school. ? H»71. After the establishment and organization of the said school, the expenses thereof, and of carrying out the provisions of this chapter, shall bo defrayed from the moneys raised by law for the support of common schools in the city and county of New York. | 1*078. The chamber of commerce of New York is author- ized to provide for and appoint a committee of its members to serve as a council of the nautical school, whose duty it shall be, as far as may be, to advise and co-operate with the board of education in the establishment and management of such school, and from time to time to visit and examine the same, and to communicate in respect thereof with the board of education or such executive committee thereof, and to make reports to the chamber of commerce which ma}' transmit to the State super- intendent of public instruction such reports or any thereof, or an abstract of the same, with such recommendations as may be deemed advisable. 1831, ch. r., Comp. 1265. Citv hall. SI. lStil. ch. 4i. § Comp. 1266. Court rooms. CHAPTER XVIII. The Courts and Judicial Proceedings. Title 1. — Provisions applicable to Courts generally. § 1073. The term ''city hall of the city of New York,'" when used in any law of this State, is hereby declared to include, for all legal purposes, all buildings which shall be designated by the common council of the said city for the use of courts or public offices within that part of the said city bounded by Chambers street, Broadway, Park row, Chatham street and Tryon row ; but rooms or premises procured or hired in accordance with law for the use of any of the courts authorized by law to be held in and for the city and county of New York, or the first judicial PRACTICE IN COURTS LIMIT ED TO ATTORNEYS. 418 i ,>. ( iv Proc Cotup. 12C5. Co. Civ. Proo. Coiii|>. 1980. district of the State of New York, shall be deemed a part of the city hall of tho city of Now York for tin- purpose of holding a court therein. l()74. The mayor, or, in case of his absence or other dis- ability, tho recorder of the city of New York, may, by proc- nacesfor J ' L • f holding court. lamation, direct that the next ensuing term of any Court, other llian the court of appeals, appointed to be held in that city, shall be held in any building within the cil^" of New York, other than the building where tho same is regularly to be held, if, in his opinion, war, pestilence, or other public calamity, or the danger thereof, or the destruction or injury of the building, or the want of suitable accommodation, renders it necessary that some other place shonld be selected. The proclamation must be published in two or more daily newspapers, published in tho city of New York. § 1075. The first judicial district of tho State shall consist of g^*^* 1 tho city of New York. g 1070. In said city a special proceeding instituted before a judge of a court of record, or a proceeding commenced before a in New York * • . . . one juupe niav judge of the court, out of court, m an action or special pro- continue pro- J ** ' *■ ■ ceedinKS com- ceeding pending in a court of record, .may be continued, from ™ e n t ££j. betorc time to time, before one or more other judges of the same court, with like effect as if it had been instituted or commenced before the judge who last hoars the same. § 1077. A person shall not ask or receive, directly or indi- compfaoM rectly, compensation for appearing as attorney in a court, or Attorneys, make it a business to practice as an attorney in a court in said city, unless he has been regularly admitted to practice as an attorney and counsellor in the courts of record of the State. ^ 107S. A person who violates the last section is guilty of a p en ^ ty misdemeanor, and shall be punished by imprisonment in the county jail, not exceeding one month, or by a fine of not less than one hundred dollars, or more than two hundred and fifty dollars, or by both such fine and imprisonment. A judge or justice who knowingly permits to practice in his court a person who has not been regularly admitted to practice in tho courts of record of the State, is guilty of a misdemeanor, and shall he punished as prescribed in this section. But this and the last section do not apply to a case where a person appears in a cause to which he is a party. S 1079. No person holding the office of clerk, deputy clerk, ^ c £ ni £ r ^ 9 special deputy clerk, or assistant in the clerk's office, of a court cierks.etc .not of record in said city, shall be appointed, by any court or referee, etc. judge, a referee, receiver, or commissioner, except by the writ- ten consent of all the parties to the action or special pro- ceeding, other than parties in default for failure to appear or to plead. 410 MONEY I'AII) INTO COURT. Co. Civ. i'roc. *131,Comp.!»30. BummonB, service of. Co. ( iv. l'roiv )iSul,Coiiip.'J037 Service of papers. Co. Civ. 1'roc. |7M,Comp.8087 Actions called and passed. III. (,;■.»:.. Unchanged. Note of issue, what to con- tain. td s?rr. Notice of trial. Co. Civ. rroc. $745,Comp.:&X)6. Money paid Into court. 1831, ch. 516. as amended 1878. ch. 33. |1. oh. 175, §K Comp. 13G8. Property- exempt from taxation. § 10so. Personal service of the summons in an action against the mayor, aldermen, and commonalty of the city of New York, must he made hy delivering a copy thereof, within the State, to the. mayor, comptroller, or counsel to the corpora- tion. .i loSl. Where a paper is served or a return is made through the post-office in said city, the deposit of the package inahranch post-office has the same effect as a deposit in the general or prin- cipal post-office of that city. § 1082. Where an action or special proceeding, placed upon the calendar of a term of a court of record in said city, is regularly called and passed, without a postponement hy the court for good cause shown, it must thenceforth he placed on the same or future calendar, as if the date of the issue was the time when it was thus passed. § 1083. In a case specified in the last section, the party plac- ing the cause upon the calendar for a subsequent term, must state, in the note of issue, the date of the issue, as prescribed in that section. If he omits to do so, by reason whereof the cause retains its priority on the calendar, the court, on the application of the adverse party, or of its own motion, may strike the cause from the calendar. j> 10S4. Where a party lias served a notice of trial, and filed a note of issue for a term, at which the cause is not tried in said city, it is not necessary for him to serve a new notice of trial, or file a new note of issue for a succeeding term: and the action must remain on the calendar until it is disposed of. § 1085. Unless the court otherwise specially directs, money paid into court must he paid, either directly or by the officer who is required by law first to receive it, to the chamberlain, within two days after he receives it. A bond, mortgage, or other security, or a certificate or transfer of stock, taken upon the investment of money paid into court, must be taken to the chamberlain as treasurer of the county, in his name of office, or to such other county treasurer as the court specially directs. But this section does not prevent the court, upon the applica- tion of a party to an action, from directing in what manner or place money paid into court in the action shall be deposited or invested. § 1080. No property now exempt by law shall be exempt fiom levy or sale, under an execution, issued upon a judgment ob- tained in any court in the city of New York for work, labor, or services done or performed by any female employee when the amount of such judgment does not exceed the sum of fifty dol- lars^exclusive of costs. Whenever any execution issued upon 8 ILE8 BY REFKKKES. Co. Civ. Proo. J 1678. Salf. notion of. such a judgment shall be returned unsatisfied, the clerk of the £32*^ court wherein such judgment was obtained shall issue a further *°fc£ , l ? e r ; execution to any marshal of the City of Now York commanding trim to collect the amount due upon such judgment, or in default of payment thereof, to arrest tin* -defendant in such execution and him safely convey to the jail or debtor's prison of the county of New York, and commanding the jailor of said jail to keep the said defendant without henetit of jail limits until the said defendant shall pay the said judgment, or bo discharged according to law. hut such imprisonment shall in nojease extend beyond the period of fifteen days $ 1087. Notice of any sale, made in pursuance of any pro- vision of title. one of chapter fourteen of the Code of Civil Pro- cedure, must be given by the officer making it, when the property is situated wholly orpartlv in said city, by publishing notice of the sale at least twice in each week for the three suc- cessive weeks immediately preceding the sale in two daily papers published in said city. Notice of a postponement of the sale must be published iifthe papers wherein the notice of sale was published. § 1088. Sales of real estate hereafter made in the city and '.^amen 'i i county of New York, under the decree or judgment of any ^mphm.' court, may be made by the sheriff of said city and county, or by ^''"^r*, 1 ^ a referee appointed for that purpose, by such judgment or de- f cree; but when any sale is made by any officer other than the sheriff, in an action of foreclosure, no greater sum shall be charged or allowed as fees than the following. In cases of sale onfomV on foreclosure, the sheriff shall be entitled to receive the follow- " : * ,es big fees and no more: for receiving order of sale and posting notices of sale, ten dollars; for attending sale, ten dollars; for drawing each deed of premises sold, five dollars; for attending and adjourning a sale at the request of the plaintiff in the action or by order of the court, three dollars, but no more than three such adjournments in one action shall be charged for; for making report of sale, five dollars; for paying over surplus money, three dollars, and all disbursements made by him for printers' fees at to^pSSS? 611 *" the rate allowed by law therefor, fees of officers for taking ac- knowledgements and administering oaths, and all auctioneers" Auction-'-:-'' fees actually paid by him. but not to exceed for such auctioneers' fees twelve dollars for each parcel separately sold, which auc- tioneers' fees shall be paid by the purchase of the parcel in addi tion to the amount bid by him therefor. $ 1089. Any court of record in the city, or any judge or jus- oonit«rw«xd t ice thereof, shall have power at any time after the service of ^LEESum notice of the violation of any of the provisions of sections five uonfwf."'?. 6 " hundred and one or five hundred and thirty-seven, and 4 ! h SALES BY KM EREE* . 1W3, ch. 261. (S, Comp. H52. 1HG7, ch. f 50, *!'. Comp. 449. No injunction iiguinKt board except by supreme court on notice. 18G7, Cb. 700. $3, ( 'omp. 460. 1H80, ch. 551, $5. Injunction against assessors. Jb74, ch. C"»ii, fcl, Comp. 1207. Journal for publication of calendars, etc. upon the affidavit of one of the commissioners of 'health, to re- strain by injunction order the further progress of any violation named in said sections, or of any work upon or about the build- ing or premises upon which the said violation exists, ;ind no undert aking shall be required as a condition to the granting or issuing of such injunction, or by reason thereof. S : 1090. Scavengers duly licensed shall not be restricted, pre vented, or prohibited from carrying on their business except by action brought in which a trial by jury may be demanded by either party thereto. £ 1091. No preliminary injunction shall be granted against the board of health, or its officers, except by the supreme court, at a special or general term thereof, after service of at least eight days' notice of a motion for such injunction, together with copies of the papers on which the motion for such injunction is to be made. Whenever said board 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, but such board shall be liable in the same manner as if an under- taking had been given in the ordinary manner. § 1092. The board of assessors shall not be in any way en- joined, restrained, hindered or delayed in the performance of the duty imposed upon Uiem in section eight bundled and sixty- eight of this act. § 1093. The presiding justice of 1 he supreme court of the lirst judicial department, the chief judge of the court of com- mon pleas in and for the city and county of New York, the chief judge of the superior court of the city of New York, and the chief justice of the marine court of the city of New York, or a majority of them, shall designate a daily law journal, pub- lished in said city, in which shall be published all calendar's of the courts of record held in and for said city and county, which calendars shall contain the numbers and t itles of the causes and names of the attorneys appearing therein, with such particulars and notices in respect to such calendars, or the causes thereon, as may be specified by the clerks of said courts respectively, under the order of said courts, together with every notice or advertisement in legal proceedings wdiich may be required by law to be published in one or more papers in said city or county. If such notice or advertisement is required to be published in only one paper, 1 1 i>-n- such publication shall be made in said paper; but if such notice or advertisement is required to be pub- lished in more than one paper, then one of such requisite papers shall be the paper so designated ; provided that nothing herein contained shall be held to apply to , or authorize, or require any advertisement to be inserted in the journal to be designated as LAW LIBRARY aforesaid, which is directed by law or ordinance to be advertised or inserted in the " City Record," the official paper of the mayor, aldermen, and commonalty of the city of New York, nor to re- quire the publication in such paper <>f any advertisements, notices, reports, or statements which on December seventeenth, eighteen hundred and seventy-four, were under the direction and control of any officer of the State government, provided thai no greater sum shall be paid per folio than was at said date allowed by law. § 1004. The expenses of the publication of calendars, directed l m < <*:«?. I* ' 1 1 . * Comp. 1207. to be made bv the preceding section, for each of the courts Kxp.-nses.imw J 1 % paid. therein named shall be paid in the same manner as the expenses of printing and stationery for the use of said courts are now or shall hereafter be paid, and the amounts necessary for such pay- ments, which shall not exceed in the aggregate more than fif- teen thousand dollars per annum, shall be appropriated in the same manner as other appropriations are provided by law to be made, for the expenses of said courts; provided that no greater sum shall be paid per folio than that allowed by law on Decem- ber seventeen, eighteen hundred and seventy-four, provided, further, that not more than ten dollars per annum shall be charged to each annual subscriber therefor. «j 100."). There shall continue to be a law library located in the city of New York, which shall be known as the New York law justices of mi library. The said library shall be under . the care and manage- Setrariees. ment of the justices of the supreme court of the first judicial p^Iaut"'. 1 district, who shall be the trustees thereof. All appropriations made for said library shall be. paid to said trustees, to be by them disbursed in the purchase of books for said library. The said care of library, trustees may make rules and regulations for the management and protection of said library, and prescribe penalties for the violation thereof. They may sue for and recover such penalties, and may maintain actions for injuries to said library. They may procure proper furniture for said library, hire suitable rooms, employ a librarian, provide fuel and lights, and defray all the incidental expenses of the care and management of the said library. They shall yearly ascertain the amount necessary for the aforesaid purposes, and certify it to the board of estimate and apportionment, who shall provide for raising and paying the same. § 1006. The trustees of the State library are authorized to mbb, ch. :a, ja. place in the said library any duplicate of books in their possession Book* to be - , , , i i p i n furnished. which they may deem proper, and the clerk of the court of ap peals is required to send to said library one copy of the printed cases and points in all cases argued or submitted in said court. COMMITMENT OF HABITUAL DRUNKARDS. 1.1. |4. Misdemeanors. 1HCI, ch. III. Couip. 36'J. By whom, fur whnt time, ine- brinN'R com mltted to asylum. Proceed int."* be- fore conim it IIK'Ilt Id. SS. id.§;. .lusticeor judge to issue war- rant. 1864, ch. Ill, §8, Cnmp. 369. When inebriate may be tempo- rarily com- mitted. Mode of discharge. § 1007. Any person who shall willfully injure any of the hooks, furniture, or property of said library shall be guilty of a mis- demeanor. s 1008. The justices ol the supreme court, in the exercise of their jurisdiction within the city of New York, the justices of the superior court of s;iid city, and the judges of the court of common pleas in and for the county of New York, shall have power to commit to the inebriate asylum, under the control of t he commissioners of charities and correction, for a term not to exceed two years, all persons who, being actual inhabitants of the said city, shall be incapable or unfit for properly conducting their own affairs, inconsequence of hahitual drunkenness. Such commitment shall he made by any of said justices or judges, in any case where the facts referred to in this section shall he made to appear hy petition or complaint, duly verified and presented by any relative of such hahitual drunkard, or by the commis- sioners of public charities and correction, or any officer of the police doing duty within the said city, and upon return of a com- mission issued upon such petition or complaint. $ 1000. Upon the presentation of such petition or complaint, the justice or judge to whom the same shall he presented, shall proceed, in the same manner as is directed in title six of chapter seventeen of of the code of civil procedure, in relation to the care and custody of the persons and estates of idiots, lunatics, persons of unsound mind and drunkards, and according to the rules and practice of the supreme court in such cases. § 1 1 00. Upon becoming satisfied by return of a commission as heretofore provided, that any person is an habitual drunkard and incapable, in consequence thereof, of conducting his or her own affairs, said justice or judge shall have power, in his dis- cretion, to issue his warrant, committing the person so found to he an habitual drunkard, to the custody of the said commis- sioners of public charities and correction, to be detained in the said asylum for such period, not exceeding two years, as the said justice or judge may deem proper, and such warrant shall he executed by any member of the police, upon the request of said commissioners or one of them. Any such warrant, duly issued, shall be full and sufficient justification for all acts done, by any properly authorized officer, under and in accordance therewith. § 1101. Any justice or judge before whom proceedings may be pending under the three preceding sections, may, after filing of any complaint, and when in his judgment the circumstances of the case render it proper so to do, conmiit the person charged with being an habitual drunkard, to the said asylum while pro- ceedings on such complaint are pending, and all persons so tem- porarily committed shall be discharged from said asylum if, on UTIONS M1AINST THK CITY. return of a commission, it shall be determined thai they are not proper persons to be detained. \ 1102. Any person committed to the said asylum, by order of • any justice or judge as heretofore provided, may be discharged ^J™^^ 1 therefrom at any time before the expiration of the time for ■v ,um winch such person was committed, upon the order of any justice or judge having jurisdiction as herein provided, upon such jus- tice or judge being satisfied that such person is cured and fit to be released. Application for such discharge may be made by any person, provided, however, that previous notice of such applica- tion shall be given in writing to the said commissioners of pub- lic charities and correction. Upon any such application being made, the justice or judge receiving the same shall proceed in the same manner as upon writs of habeas corpus. § 1103. The supreme court in the first judicial district, the o^^im.' 11 ' court of common pleas, and the superior court shall have exclu- {SS; compl'w. sive jurisdiction of all actions or special proceedings wherein the i;.*<;i"Mv.-ju.i- J x i o diction in cer- mayor, aldermen, and commonalty thereof are made a party de- tawc"* 9 - fendant. ^ 1104. No action or special proceeding shall he prosecuted 11 — J Actions against or maintained against the said mavor. aldermen and common- the mayor. = J aldermen ami alty unless it shall appear by, and as an allegation in the com- commonalty. plaint or necessary moving papers, that at least thirty days have elapsed since the claim or claims upon which said action or spe- cial proceeding is founded were presented to the comptroller of said city for adjustment, and that he has neglected or refused to make an adjustment or payment thereof for thirty days after such presentment. If the plaintiff recover judgment in his ac- tion or in his special proceeding, he shall recover full taxable costs without regard to the amount of the judgment. >? 1105. All process and papers for the commencement of ac- M-l'- • • • ■ Procession tions and legal proceedings against the corporation of said city whom smwl. shall be served either on the mayor, comptroller, or the counsel to the corporation. £ 1100. Xo execution shall be lawfullv issued upon anv iudg- l ' 1 iJ : . ment recovered upon such a claim until after ten days' notice, in notice to t* * given before writing, of the recovery of such judgment shall have been given §?j* l * e * BCU " to the comptroller. §1107. The volumes entitled " The special and local laws af- - i . _ __ _ „ . Volumes mnv recting public interests m the citv or ZSew i ork, and printed bv thread in . * 1 J evidence. order of the legislature of eighteen hundred and eighty, may be Presumptive read in evidence and cited in any court or proceeding. Said vol- special and local lnw»* umes shall be considered as containing presumptively all special or local laws affecting public interests in force in the city of New York, on the first day of January, eighteen hundred and eighty, but this presumption shall not be considered as extending to TIJK SI I'KKMK Colin - . special laws relating to any corporation (other than the mayor, aldermen and commonalty), or to any association or society, nor shall the insertion or omission of any law relating to any such corporation be construed as in any manner affecting the cor- porate existence of any such corporation or its possession of its franchises. 1862, oh. 374, |7, Comp. 1272. a To pay CKtra to justices <>r supreme court. 1 855, ch. :>'.'>. |9 Comp. 1273. Salary of Jus- tice assigned. 1875, ch. 414. Jl, Comp. 1278. Co. Civ. Proc. J236. 1880, ch. 300. Governor may appoint Judge or other court to hold terms of supreme court. Case and ex- ceptions to be settled before judge who tried the action. Co. Civ. Proc. J232,Comp.2035. Two terms of court may be held. 1869, ch. 875, Jl, Comp. 1450. 1870, ch.382, Jl, Comp. 1451. 1867, ch. 415, §2, Comp. 1450. Resolutions of supervisors, Dec. 29, 1847; Nov. 23, 1854; Dec. 27. 1864; Title 2.— The Supreme Court. i 1108. It shall he lawful for the hoard of estimate and ap- portionment to provide for the raising by tax, and for payment to the justices of the supreme court resident in the first district, of such additional annual compensation as they may deem propel'. § 1 109. Whenever any justice of the supreme court from any judicial district, other than the first judicial district, shall he duly assigned to hold any court or perforin judicial duties in and for the first judicial district, it shall he lawful for the board of aldermen to pay such justices so assigned a sum not exceeding ten dollars a day for every day such justice shall sit and perforin such judicial duties, including the time necessarily devoted to the examination and decision of cases beard by such court while he may be a member thereof. | 1 1 10. The governor may, when in his opinion the public in terest so requires, designate one or more judges of the superior court, or of the court of common pleas, to hold terms of the cir- cuit court, and special terms of the supreme court, in said city. The designation must be in writing, and must specify each term, and the judge designated to hold the same. A case or excep- tions, in a cause tried at such a term, must be settled before the judge who held the same, and a judge thus designated may, after the expiration of the period of such designation, decide, finally determine, and dispose of any action, proceeding, or jno- tion that may have been tried or heard before him; and such judge, during the period of such designation, possesses, within the city of New York, all the powers of a justice of the supreme court, in or out of court, to make orders in any action or special proceeding in the supreme court. § 1111. Two or more terms of the circuit court may be ap- pointed to be held, and may be held, at the same time, in said city. § 1112; There shall be in the supreme court in said city the following clerks to be appointed b}* the county clerk: a law clerk and an equity clerk, at an annual salary of thirty-five hundred dollars each; a clerk of the general term, a clerk of the special term, and a clerk at chambers, at an annual salary of two thou- sand dollars each; a clerk of each of the parts one, two, and CLERKS AMI ATTENDANTS OF SUI'REMF COURT, three of the circuit, at an annual salary of two thousand dollars each, and two additional clerks lo he assigned l>> part our of the circuit, at an annual salary of fifteen hundred dollars each. § 1113. The judges of the supreme court within the first ju- dicial district, or a majority of them, from time to time, may appoint, and at pleasure remove, such attendants upon the court, including the circuit court and the court of oyer and ter- miner, as they think ne< essery for the due transaction of the husiness thereof; not exceeding four attendants for each part, and four for the general term. Their salaries shall he twelve hundred dollars per annum; hut the salaries of attendants ap- pointed after May twenty-ninth, eighteen hundred and l ighty. shall he one thousand dollars per annum. ij 1 114. The justices of the supreme court for the lirst judicial district, or a majority of them, must appoint, and may at pleas- ure remove, a stenographer for each term of the circuit court, for the general term of the supreme court, and for each special term of the supreme court, where issues of fact are triable, Which constitutes a separate part. Each stenographer so ap- pointed is entitled to a salary of twenty-five hundred dollars per annum. ' He must attend all the sittings of the part for which he is appointed. If any judge requires a copy of any proceed- ings written out at length from the stenographic notes, he may make an order, directing one-half of the stenographer's fees therefor to he paid by each of the parties to the action or special proceeding, at the rate of ten cents for each folio so written out, and may enforce payment thereof. If there are two or more parties on the same side, the order may direct either of them to pay the sum payahle by their side for the stenographers fees; or it may apportion the payment thereof among them, as the judge deems just. £ 1115. The judge who holds, in the first judicial district, an extraordinary term of the circuit court, or an extraordinary special term of the supreme court, must appoint a stenographer for that term, who is entitled to a compensation, at the rate and in the manner prescribed by law for the official stenographer. £ 1116. The justices of the supreme court of the first judicial district, or a majority of them, are hereby authorized to appoint from time to time, as shall be necessary, a suitable person to dis- charge the duties of crier of the supreme court in the city and county of New York; such person to be paid such compensation and in such manneu as the board of estimate and apportionment shall determine. § 1117. A motion, upon notice, in an action in the supreme court triable in the first judicial district, must he made in that district; a motion, upon notice, cannot be made in that district. M.ll.'ll 10, |H|* April HI, 1857: Mur< h 22. 1K|><: April 2rt. IK-ls Nov. 24. I Mil.!: (fab. 1. )8B0, Co. Civ. I'riw i'.i.t. e.,inp MOO Attendants upon oourti in New York city Israeli. 438. lHso, oh. 581, |E Co. Civ. IYim Sill : 18H0,ch.54 : 1871, oh, JW>, Stenographers in first district, Id. |3B& Stenographei-s for extra terms in New York city. i8Co. iii. -.tit;. Comp. 1274. Crier of court. Co. Civ. Proc. $$769, 770, Comp. 2(136. Motions, « hero made. J 2 4 BALE OF RIGHTS OF PRE-EMPTION. i8»g,cii. 302, §ao. ( 'oinp. 559. Review t< > be ul lowed by court. 1SI7, ch. 391, SI, u emended 1848, ch. 32, $1. Comp. 1275. Power of su- preme court to decree an abso- lute Hide. iai7. ch. 391, 52, Conip. 1275. Sale, how to be made and con- ducted. Proviso. ch. 32, §2. Comp. 1276. in an action triable elsewhere. But this section does not apply to a case where it is specially prescribed by law, that a motion may be made in the county, where the applicant, or other per- son to be affected thereby, or the attorney resides. In the first judicial district, a motion which elsewhere must be made in court, may be made to a judge out of court, except for a new- trial on the merits. § 111S. A certiorari to review and correct on the merits, any decision or action of the commissioners of taxes and assessments in pursuance of sections eight hundred and nineteen and eight hundred and twenty of this act, shall be allowed by the supreme court or any judge thereof directed to the gat<3 commissioner"-, on the petition of the party aggrieved. § 1119. In all cases where several persons are the owners, or claim to be the owners of any real estate or chattels real, lying within the bounds of the city and county of New York, having different estates, or estates in common therein, in possession, re- mainder or reversion, and which said pei^ons shall by virtue of such ownership, or claim to such ownership, be entitled or claim to be entitled by law to a pre-emptive right, to have, take, or demand the grant or lease of any other land, or easement in land, from the mayor, aldeimen, and commonalty of the city of New York, the supreme court of this State shall have power, and such court is hereby vested with full power and authority, on the application of either of the said owners, or of the said mayor, aldermen, and commonalty of the city of New York, to decree an absolute sale and conveyance of such right of pre- emption, and to make such disposition of the net moneys arising from such sale, after the payment of the costs and expenses of the proceedings, as shall be just and proper, according to 'the rights and interests of the said several owners. § 1120. Such sale shall be made and conducted on like notice by the like officer, and in the same maimer and form as sales of real estate on the foreclosure of a mortgage by virtue of a decree or order of said court, and a deed of conveyance for the said right of pre-emption shall in like manner be executed and deliv- ered to the purchaser, which deed shall vest in the purchaser absolutely all the claim, right, title, and interest of the owner of the said right of pre-emption, and every of them, of, in, or to the said right of pre-emption thus sold and conveyed; provided always, in every case the applicant shall give six weeks' previous notice of such intended application if the owners entitled by law to such pre-emption right are residents, and six months' previous notice of such intended application if the owners are non-resi- dents of this State, by publication for three months successively, twice in each week, in two of the daily papers published in the .11 KISOM "l it »N OK TIIK SI I'KlilOi: CITY COURTS. I-'.". city of New York prior to such application to the court for an order of sale; ami provided also, that the court shall he satisfied that such order of sale shall not interfere with or impair the obligation contained in any lease or contract made hy the said mayor, aldermen, and commonalty to or with any person or prisons whatsoever. >J L121. in all cases where any owner shall he an infant, a 11 - guardian shall be appointed for such infant, who shall give the cawof lnfintn like security, and possess the like powers, and discharge the like duties as in cases for the partition of lands. ^1122. Whenever any owner shall reside in the citv of New ta.M4,s. ,_ , . , , .. i ii i j Notice, how t« lork, notice of such intended application shall he served per- >•<• «-rv.-,i mm m _t owners. sonally on such owner, or hy leaving the same at his dwelling house with some person of suitable age and discretion at least twenty days before such application is made, and in all cases where such owner shall reside out of the said city and within any of the United States, and such place of residence be known to the applicant, such notice shall he served by mail, addressed to such owner at his place of residence at least three months be- fore such application is made. Proof of sucli service by affidavit shall be made to the court before any order of sale shall be made. Any of the parties to said suit may become the purchaser on said sale. Title ;'>. — The Court of Common Pleas and the Superior Court. § 1123. The court of common pleas for the city and county of < . ( n iw. New York and the superior court of the city of New York are i^j^'n^n- courts of record. The judges thereof are magistrates. The ' ( 1 court of common pleas for the city and county of New York and Kach court the superior court of the city of New York consist of six judges lodges ,c\S!et* for each court, one of whom must, from time to time, as a ,m]KP ' vacancy occurs, be appointed chief judge of his court, as pre- scribed in the constitution. ^ 1124. When the official term of any judge of the superior i8Jo,ch Be, 59. court or of the court of common pleas will expire at the close of sncces-so^ any year, by the effluxion of time or the disability of age, the 5jJ£ e £ nd ! "'" successor of such judge shall be chosen at the preceding general election. Vacancies otherwise occurring in the said offices shall he filled in the manner prescribed in the ninth section of the sixth article of the constitution. ii 1125. The superior court and the court of common pleas Co. civ. proc. respectively may, from time to time, by an order made at gen- oartainwipe« era! term, direct the clerk of the court to destroy any of the Strayed, following papers, now filed, or hereafter to be filed in his office, which the court deems to have become useless, to wit : Plead- 420 .JURISDICTION OK THK COCKT OF ings or copies of pleadings furnished for the use of the court- jury panels and returns of inferior courts, which have been ein; bodied in judgment-records or judgment rolls. But this provis- ion does not authorize the destruction of a judgment-roll or a paper incorporated or necessary to be incorporated into a judg- ment-roll. Co- civ. Proc. §1120. The civil jurisdiction of the superior court and the ( lenorol Juris court of common pleas extends to the following actions and mperior city special proceedings, in addition to the jurisdiction, power, and authority conferred upon either of said courts, in a particular case, by special statutory provision : 1. To an action of ejectment; for the partition of real prop- erty; for dower; to foreclose a mortgage upon real property or upon a chattel real ; to compel the determination of a claim to real property ; for waste ; for a nuisance ; or to procure a judg- ment directing a conveyance of real property ; and to every other action to recover or to procure a judgment, establishing, determining, defining, forfeiting, annulling, or otherwise affect- ing an estate, right, title, lien, or other interest in real property or a chattel real. But jurisdiction attaches under this sub- division only where the real property to which the action relates is situated within the city of New York. 2. To an action for any other cause, where the cause of action arose within that city ; or where the defendant is a resi- dent of that city ; or where the summons is personally served upon the defendant therein ; or where the action is brought to recover a penalty, or for any other cause of action given by the charter, a by-law or an ordinance of that city. 3. To an action to recover damages for an injury to real prop- erty, or a chattel real; or for the breach of a contract, express or implied, relating to real property or a chattel real; where the real property is situated within that city, or where the defend- ant is a resident of that city, or where the summons is person- ally served upon the defendant therein. 4. To an action to recover a chattel; to foreclose or enforce a lien upon personal property; or to recover damages for an in- jury to personal property; where the property to which the ac- tion relates is situated within that city at the time when the ac- tion is commenced. If the property consists of one or more sharefigfin the capital sfock of a domestic corporation or joint- stock association, whose principal place of business is located or established within that city, or of a debt due from, or money, or a thing in action, in the possession or under the control of, such a corporation or joint-stock association, it is deemed to be situated within that city, within the meaning of this subdi- vision . COMMON PLEAS AND SUTKttloK COURT. 4J7 :>. To a judgment creditor's action; where the judgment upon which the action is founled was recovered in the same court. ,. -.. moved Into remove to itself an action or a special proceeding pending m supremo court, either of said courts, for the purpose of changing the place of trial or hearing thereof. "Where an order for a removal is made, as prescribed in this section, the place of trial or hearing must he changed by the same order to another county. A certified copy of the order must be filed in the office of the clerk of the court in which the action or special proceeding was commenced. Thereupon it is removed into the supreme court ; and the subse- quent proceedings therein must be the same as if it had been originally brought in the supreme court. § 1133. Aji order for the removal of an action or special pro- i^^mp^ ceeding, as prescribed in the last section, can be made only upon in notice, and by a special term of the supreme court, where the orde al f pf motion might be made if the action or special proceeding was ^ap- pending in the supreme court, and brought in the county of New York; and in a case where an order, changing in like man- ner the place of trial or hearing, would be granted if the action or special proceeding was pending in the supreme court. £ 1134. An appeal from an order, made upon such a motion. M must be taken and heard in like manner as if the action or spe- £m*>ai from cial proceeding was pending in the supreme court and triable in removal the county of Xew York. Such an appeal brings up to the gen- |:;u REMOVAL OF ACTIONS INTO SUPRKMK COURT. id. an. ( Mer to htn.v proceedings to procure removal. Co. civ. Proc, t278,Comp ,1888. Removal to su- jirenie cimrt when JudtfCH of city court can- not act. Td. is; I Removal from supreme court to city court by consent. td. i-i7Z. Duty of Clerks when removal made. Co. Civ. Proc. ^276,Comp.ias>4. Removal not to affect validity of former pro- ceedings, etc. oral term, and thence to the court of appeals, if the order is ap pealable to that court, all questions which were before the special term, and the appellate tribunal must dispose of the same as if they were originally presented to it. £1185. An older to stay proceedings, for the purpose of af- fording an opportunity to make such an application for removal, may be made by a judge, authorized to make an order to stay proceedings, either in the court where the action or special pro- ceeding is pending, or in the supreme court, and with like effect, and under like circumstances. § 1130. If all the judges of either of said courts are, for any reason, incapable of sitting upon the trial of an action, or the hearing of a special proceeding pending therein, or if all, or all but one, of the judges of either of said courts are incapable of sitting upon the hearing of an appeal therein, the judges of the court, or a majority of them, must make and file in the office of the clerk of the court a certificate of the fact. Thereupon the action or special proceeding is removed to the supreme court ; and the subsequent proceedings therein must be the same as if it had been originally brought in the supreme court. § 1137. The supreme court, where the parties manifest in Writing their consent, must make an order directing that an action or special proceeding, pending in that court and triable in the county of New York, be removed to either of said courts as specified in the consent. A certified copy of the order must be filed in the office of the clerk of the court to which the action or special proceeding is ordered to be removed. Thereupon it is removed accordingly ; and all subsequent proceedings therein must be the same as if it had been originally brought in said court. § 113S. Where an action or special proceeding is removed from one court to another, the clerk of the court from which it is removed must forthwith deliver to the clerk of the court to which is it removed all papers filed therein, and certified copies of all minutes and entries relating thereto, which must be filed, entered, or recorded, as the case requires, in the office of the last-mentioned clerk. If the action or special proceeding is removed to the supreme court, and the place of trial or hearing changed, the delivery must be made to the clerk of the county in which the order of removal directs the trial or hearing to be had. £ 1139. The removal of an action or special proceeding does not invalidate or in any manner impair a process, provisional remedy, or other proceeding, or a bond, undertaking, or recognizance, in the action of special proceeding so removed ; REMOVAL OF \< HONS INTO SUPREME COUBT. 431 oach of which continues to have the same validity and effect as if the removal had not been made. Where bail has been given, the surrender of the defendant in the court t<> winch the action or special proceeding was removed, has the same effect as a surrender in the court from which it was removed would have had if the action or spec ial proceeding had remained therein. £ 1140. In an action or special proceeding brought in the ° 1 r ■ " W hen county superior court or the court of common pleas, an order may be "A3l-r made without notice, or an order to stay proceedings may be made upon notice by the county judge of the county where the attorney for the applicant resides, in a case where a judge of either of said courts might make the same out of court, and with like effect. ji 1141. Either of said courts has power, in an action or special w proceeding of which it has jurisdiction, to send its process and process to any 1 count v. other mandates into any county of the State for service or execution, and to enforce obedience thereto, with like power and authority as the supreme court. 1142. The judges of each of said courts, or a majority of Co. cit. Froc. them, must, from time to time, appoint the times for holding Appointment the general, special, and trial terms of their court. They must , " r " ,s * e,c ' also assign the judges to hold each of the terms, and designate the trial terms at which issues of fact are triable by a jury. A general, a special, and one or more trial terms may be appointed to be held, and may be held at the same time. The judges, or a majority of them, must also appoint reasonable times when a judge must attend at chambers, and designate the judge to attend for that purpose. Each appointment, made as prescribed in this section, must be signed by the judges making the same, and filed in the clerk's office. A copy thereof must be published in the newspaper printed in Albany, in which legal notices are required to be published, and in the daily law journal designated, according to law. at least once in each week, for three successive weeks, before a term is held by virtue thereof. >j 1143. A general term of either of said courts must be held {an^m^Ss by at least two judges. Two must concur to determine a cause, oenemi terms. , . i i i-i • b F w 'hom heM. otherwise it must be reheard ; except that if the remaining judge etc - or judges are disqualified to sit upon an appeal, the judgment or order appealed from must be affirmed, unless a rehearing is directed. £ 1144. A special term or a trial term of either of said courts r Id. $282. must be held by one judge. special ani § 1145. When the chief judge of either of said courts certifies u. pes. that a book of minutes, records, indices, or dockets of judgments. 1 32 CLERKS OF THE SUPEKIOK CITY COURTS. New records, etc., in place Of those undilu- ted or In jured. Id. i'ZS4. Clerks and deputy clerks. Id. *2>C> as amended 1879, ch. IMS. Special deput;. clerks. Co. Civ. Proc. Jj288,Comp.lS8l}. Assistants, etc. in clerks' offices. Co. Civ. Proc. $'2*U, C'onip. 1386. Stenographers. in the office of the clerk of the court, has become so mutilated or injured that it cannot be conveniently used or correctly examined, the clerk of the court must cause a copy thereof to be made. The expense of making the copy, not exceeding ten rents for each folio, is a charge upon the city, and it must^ be paid by the comptroller, upon the certificate of the clerk that the copy w as made pursuant to his direction. The copy, w hen certified by the clerk to be a correct copy of the original, has, presumptively, the elFect of the original. The original must be preserved, and may be referred to any time, by the direction of a judge of the court. § 1140. Each of said courts has a clerk w ho is appointed, and may be removed at pleasure, by the judges of the court, or a majority of them. Each clerk, by a w riting under his hand and the seal of the- court filed in his office, must appoint, and may at pleasure remove, a deputy clerk. The deputy clerk has all the powers, and may perform all the duties of the clerk, when the office of clerk is vacant, or at the clerk's office, w hen the clerk is absent therefrom, or at a term or sitting of the court, w hich the deputy clerk attends. Each clerk and each deputy clerk must subscribe, and tile in the clerk's office, the constitutional oath of office ; and is entitled to a salary, fixed and to be paid as pre- scribed by law. § 1147. A special deputy clerk appointed as prescribed bylaw, possesses the same pow ers as the clerk, at a sitting or term of the court which he attends, with respect to the business transacted thereat. § 1148. The clerk of each of those courts may appoint, and at pleasure remove, such special deputj cleiks and other assistants as he deems necessary ; but a special deputy clerk or an assistant, so appointed, is not entitled to any compensation out of the treasury of the city of New York, unless his compen- sation is fixed by law, or allowed puisuant to law. § 1149. The judges of each of those courts, or a majority of them, must appoint, and may at pleasure remove, a stenog- rapher for each term of the court, for the trial of issues of fact, constituting a distinct part. Each stenographer no appointed is entitled to a salary, fixed and to be paid as prescribed by law. He must attend all the sittings of the part for which he is ap- pointed. If the judge requires a copy of any proceedings writ- ten out at length from the stenographic notes, he may make an order directing one-half of the stenographer's fees therefor, to be paid by each of the parties to the action or special proceed- ing, at the rate of ten cents for each folio so written out, and may enforce payment thereof. If there are two or more par- ties on the same side, the order may direct either of them to .It'IUSDICTION OF THF Nl/PEUIOK CITY COCHTS. •133 pay the sum payable by their side for the stenographer's fees, or it may apportion the payment thereof anion- them, as the judge deems jnst. § 1150. The judge who holds ;in ext raordinary trial term of w. jaoo. either of those courts must appoint a stenographer for that torwSSmSm, term, who is subject to all the provisions of law relating to an assistant stenographer, and is entitled to a compensation at the rate and in the manner prescribed bylaw for the official stenog- rapher. § 1151. The judges of each of those courts, or a majority of J'h^ 1 them, must appoint, and may at pleasure remove, one crier for their court. Each crier so appointed is entitled to salary, fixed and to be paid as prescribed by law. He is not entitled to any other compensation. 1152. The clerks of the court of common pleas and the u^l*' I,roc ' superior court must account for all fees received by them re- cieri™ to ac- 1 " count for tees. spectively for their official services, and pay the same into the city treasury, as prescribed by law. § 1153. The judges, or a majority of them, of the court of Co. vw. iw. common pleas and the superior court, from time to time, may Attendants appoint, and at pleasure remove, such attendants upon the uponcour,^ courts of which they are respectively members, as they think necessary for the due transaction of the business thereof ; not exceeding four attendants for each part, and four for the general term. * ■ m §115-1. The court of common pleas and the superior court shall also have jurisdiction in the following cases : 1. Of applications by the general guardian of an infant and w^jSE*' by the committee of an idiot, lunatic, or habital drunkard for authority to agree to a partition of the real property of such infant, idiot, lunatic, or habitual drunkard, situated in the city. 2. Of applications for leave to prosecute the sheriff's official Ia bond, where he is liable for the escape of a prisoner committed to his custody, or is guilty of any other actionable default or misconduct in his office, where the application is made by the persons injured thereby. 3. Of applications for leave to prosecute the official bond of w 55If0 the action pending in a district COUTt of the city of New York, to bring before the court, to be examined as a witness, a prisoner confined in the jail of the city or county, or an adjoining county. A writ shall cot be issued, by virtue of this section, to bring up a prisoner, sentenced to death, nor shall if be issued to bring up a prisoner confined under any other sentence for a felony ; except where the application is made in behalf of the people to bring him up as a witness on the trial of an indictment, and then only by and in the discretion of the judge, upon such notice to the district attorney of the county wherein the prisoner was convicted, and upon such terms and conditions, and under such regulations, as the judge may pre- scribe. § 1150. Upon the production of a final order made upon the return to a writ of certiorari issued according to law. fixing the sum in which a prisoner confined in said city is to be admitted to bail ; specifying the court, and the term thereof, at which be is required to appear; and directing his discharge, upon bail being given accordingly, as required by law or. where such order was made by a court, upon the production of a certified copy to a judge of the court of common pleas or superior court, the judge must take the recognizance of the prisoner, with two sureties, in the sum so fixed, conditioned for the appearance of the prisoner, as prescribed in the order. Each person, offering • himself as a surety must show, by his oath, to the satisfaction of the judge, that he is a householder in the county, and worth twice the sum in which he is required to be bound, over and above all demands against him. It is not necessary that the prisoner should appear in person before the judge to acknowl edge the ra^ognizxnee. but it may b3 acknowledged by the pris- JURISDICTION OF TIIK SLPKKlOIi CITY COL" UTS. L85 oner, and Certified in like manner as a deed to bo recorded in the county. The judge must immediately file the recognizance with the clerk of the court before which the prisoner is bound to appear. He must also make a certificate upon the order, or the certified copy thereof, to the effect that it has been complied with. Upon production of the certificate, the prisoner is entitled to his disc barge from imprisonment, for any causo stated in the return to the certiorari. |- ^ 1 1 .*> T . Where a prisoner who stands charged upon a criminal < o. civ. proc. accusation with a bailable offense has perfected an appeal to the court of appeals, from a final order of the court of common pleas or the superior court affirming an order refusing his discharge or reversing an order granting his discharge, the eourt, from whose order the appeal is taken, or a judge thereof, must, upon his application, admit him to bail in the manner prescribed by .law, but the recognizance must be conditioned to appear at a general term of the court from which the appeal is taken, to ahide by and perforin its judgment or order, made after the de- termination of the appeal. >> 11.->S. The court of common pleas and the superior court c 2 12 £ iT - Proc have jurisdiction to issue a writ of certiorari in the same manner and to the same extent as the supreme court,' except in cases where it is otherwise expressly provided by law. 11 :»'«». In an action brought in the court of common pleas or ^°,^i v i^ oc the superior court to foreclose a lien upon a chattel, the court or a judge thereof has jurisdiction in a case provided by law to issue a warrant to the sheriff, commanding him to seize the chattel and safely keep it, to abide the final judgment in the action. £ 1160. Whenever, by the decision of the general term of the c ,°^* iv rrOL court of comn'ion pleas or the superior court, a construction is wheiyctk.^ given to a statute, an act done, in good faith, and in conformity tamed to that construction, after the decision was made, and before a reversal thereof by the court of appeals, is so far valid, that the party doing it is not liable to any penalty or forfeiture, for an act that was adjudged lawful by the decision of the court helow. £ 1161. The court of common pieas and the superior court r 5 °_ 4 Ci ^J' roc may each direct that money paid into that court in an action oomp. isbb. brought therein on a bond, mortgage, or other security, or public stock, in or upon which it has been invested or loaned, be trans- ferred and delivered to a general or special guardian, committee, or other trustee, upon his giving, or if he has given, security, satisfactory to the court for the faithful execution of his trust; or that a bond, mortgage, or other security, or public stock, be taken by and in the name of the guardian, committee, oi .H KISDK TION OK THE SlT'KKlOK CITY ( Ol IMS. Co. Civ. I'lu Comp WW. Co. Civ. Pi-oc. yJHO.C'oinp.iaKi. special Juris diction of the common pleas, Co. ( i\ . Proc, *jaufl, 8160, •-'188, itiOO. 2901. Insolvent debtors C I'l l H Civ. Trustees of property of prisoners. ( 10. Civ. Proc. $8410. Proceedings for change of name. Clerk of com- mon pleas to make return, etc. Co. Civ. Proc. S2418. Co. Civ. Vrou. §§-U32. mi. other trustees; and be collected, invested, or loaned, as the court directs, or as proscribed in the general rules of practice. 55 1 1 02. The court of common pleas and the superior court shall each continue to exercise the jurisdiction and powers vested in such court by law on the first day of September, eighteen hundred and seventy-seven, and according to the course and practice of the court, except as otherwise prescribed in the Code of Civil Procedure or subsequent acts. ji 1103. The court of common pleas has power and jurisdic- tion' to correct or discharge a judgment, entered in any court held within that city and county, upon a forfeited recognizance, or the docket of such a judgment, in like manner as if it was a judgment rendered in th;ft court; to remit a hue or forfeited recognizance, in a case where a county court can remit the Mime, and in like manner: and to entertain any special proceed- ing, which, in any county, except New York, may be instituted in the county court. .i 1 The court of common pleas has exclusive jurisdiction } 11 65. The court of common pleas and superior court have jurisdiction of applications to appoint one or more trustees to take charge of the property of a person imprisoned in a State prison, for a term less than for life; or in a penitentiary or county jail, for a criminal offense, for a Tonger term than one year ; in cases where the prisoner resided at the time of his im- imprisonment in said city, or, if he was not then, a resident of the State, where he is imprisoned in said city. § 11GG. The court of common pleas has exclusive jurisdiction of proceedings to change the name of any person residing in said city. § 1 107. The clerk of the court of common pleas must annu- ally, in the month of December, make a return to the secretary of State, of all the changes of names of persons, which have been made within his county, since his last return, as prescribed by law. • § 116S. A judge of the court of common pleas has jurisdiction in proceedings supplementary to execution, as provided in chap- CLERK OK THE COURT OF COMMON PLEAS. 487 ter seventeen, title twelve of the code of civil procedure, where the execution \v;is issued to Bald city from a court other thanthe marine court. |5 lid'.'. A judge of the court of common pleas has jurisdic- Hpwjbnjw tion to take and approve a recognizance iu behalf of a prisoner entitled to give hail in a sum fixed in accordance with law pend- ing an appeal from a final ordei duly made dismissing proceed ings of habeas corpus or certidrari, remanding him or otherwise refusing to discharge him. §1170. The common council must, by ordinance, assign the cZ^ffi&t ** (4erk of the court of common pleas a suitable office in the city cierirtbfflei hall in that city. ^ 1 1 7 1 . There may he in the court of common pleas a del nit v : - , * J L J Comp. 1287. clerk and twelve assistants. The salary of the clerk is six isss, ch. a*, fi, thousand dollars a year ; the salary of the deputy clerk is five '".v,', ... thousand dollars a vear; the salaries of eleven of the assistant clerks are two thousand five hundred dollars each a year, and Oamp.ism. the salary of one of the assistant clerks is two thousand dollars *-'<«,Comp.i»s a year; the salary of the stenographers is two thousand five hun- K^!! i( ',','!' ' died dollars each; the salaries of the officers or attendants are S°sVp! I> i: twelve hundred dollars each. But the salaries of the persons ap- J?" 9 " pointed after May twenty-ninth, eighteen hundred and eighty, PM.Oomp.aow to the positions of clerk, deputy clerk, assistant clerks, or at- tendants or officers to said court shall he .as follows: Of the clerk, four, thousand five hundred dollars; of the deputy clerk, two thousand dollars, and of the assistant clerks, one thousand five hundred dollars each; of the attendants or officers, one thousand dollars each, and such salaries shall be all that the per- sons holding such offices respectively shall he entitled to receive from the treasury of the city for any and all services rendered to the city or county during the term for which such salary shall be received. § 1172. The superior court shall be held at the city hall of the l';^;,', '', 1 1 Ki city of New York, and the terms thereof shall respectively be Terms. See Code Civ called after the different months in which they are held, and jjmo they may he continued and held from the time of their com- mencement, every day, Sundays excepted, until and including the last Saturday of the same month. § 1173. The clerk shall keep his office at the city hall of the M 9 city of New York, and attend the said court and officiate as clerk ciei*. thereof. § 1174. Writs of subpoena issuing e3, Cb. 610, Comp. 1441. ( MBcera and UHSlKtniltS to give security. l840.cb.lS4, |18, Comp. 15487. Kees of clerk. 48 How. 854. 1808, oh. 864, |1, Comp. 1289. 1869, ch. 875, {1, Comp. 12U0. Co. Civ. Proc. <284,Comp.l2H5. 1847, ch. 133, jT, Comp. 1140. Resolutions board of super- visors, Sept. IB, 1809. Ordinance com- mon council, May, 1872. Co. Proc. $250,Comp.2033. 1880, ch. BU, $2. to any sheriff or other proper officer of any county in this State who shall he subject to all the pains and penalties for not serv- ing or returning the same, in like manner as if the same had issued out of the supreme court, and the like process and proceedings may he issued and had thereon in the said court, as are usual in like cases in the supreme court, and with like effect . §1175. The hoard of aldermen ate -authorized and -empow- ered to require from the clerk of the superior court and from any of his assistants, such security for the faithful performance of their duty as to the said hoard may seem necessary and proper. § 1170. The clerk of the superior court shall receive for every trial from the party which shall bring it on, one dollar: on enter ing judgments, one dollar. He shall receive no other fee for any service whatever in a civil action, except for copies of papers at the rate of five cents for every one hundred words. Si 1177. There may be in the superior court one deputy clerk and thirteen assistant clerks. The salary of the clerk is six thousand dollars a year; the salary of the deputy clerk is five thousand dollars a year; the salaries of eight of the assistant clerks are two thousand five hundred dollars a year each; the salary of one of the assistant clerks is two thousand dollars a year; the salary of one of the assistant clerks is eighteen hun- dred dollars a year; the salary of one of the assistant clerks is fifteen hundred dollars a year, and the salaries of two of the assistant clerks are twelve hundred dollars a year each; the salaries of the stenographers are two thousand five hundred dol- lars a year each; the salaries of the attendants or officers tatt twelve hundred dollars a year each. But the salaries of the per- sons appointed after May twenty-nine, eighteen hundred and eighty, to the positions of clerk, deputy-clerk, assistant clerks, or attendants or officers, to said court shall be as follows: of the clerk, four thousand five hundred dollars; of the deputy clerk, two thousand dollars, and of the assistant clerks, one thousand five hundred dollars each; of the attendants or officers, one thousand dollars each, and such salaries shall be all that the per- sons holding such offices respectively shall be entitled to receive from the treasury of the city for any and all services rendered to the city or county during the term for which such salary shall be received. 1871, ch. 239, SI, Comp. 1293. Official bond of surrogate. Title 4.— The Surrogate. § 1178. Every person* hereafter appointed or elected to the office of surrogate shall, within twenty days after receiving no- tice of such appointment or election, execute to the people of this State, with two or more sufficient securities, being resident freeholders, a joint and several bond, conditioned for the faith- THE surroc; VTK. 189 I'ul performance of his duties, and for the application and pay- ment of all moneys and effects thai may como into his hands as such Burrogato in the execution of his office. The said bond shall he in the penal sum of fifty thousand dollars. It shall he properly acknowledged by all the persons who execute the same, and the sureties therein shall justify, in the aggregate, in doublr the penalty of the bond. Every such bond shall be filed wit baud recorded by the clerk of the county, and such record, or a certi- tied copy thereof, shall be evidence of the same force and effect as the original bond, in any action or proceeding against such surrogate or his sureties. $ 1119. The term of office of the persons who shall hereafter Sp^m' 1 " be elected to the office of surrogate shall be six years. ?J 1 1 80. In case a vacancy shall occur in said office by death, c^p^sas?' * 8 ' resignation, or otherwise, the board of aldermen are authorized ProvWon in to till such vacancy until the general election next ensuing the wewej happening of such vacancy, when an election shall be had to till the unexpired term of the officer whose term had so become va cant. §1181. The surrogate shall receive for his services as such a cmnphwi' * 1, yearly salary of twelve thousand dollars, which shall be paid in equal monthly payments. § 11S2. The assistants appointed by the surrogate of the city ^ ch ^ M, ' a and county of New York, pursuant to law, shall have power, Assistants t.. during the term of their appointment, to administer and certify oaths oaths and affirmations in all cases in which said surrogate is au- thorized to administer the same. No such assistant shall per- form any service until he shall have taken an oath of office be- ^ fore the clerk of the city and county of New York in the form prescribed by law in cases of other public officers, which oath shall be thereupon subscribed and filed in said clerk's office. 11 S3. In the county of New York the court of common co. cw. Proc. pleas for that city and county at a special term thereof must, jgu/eh. w», |i upon the presentation of proof of its authority, as prescribed in araunon pleas, the next section, exercise all the powers and jurisdiction of the cise powers of 1 * surrofrnte. surrogate's court, as follows : 1. Where the surrogate is precluded or disqualified from act- ing with respect to a particular matter, it must exercise all the powers and jurisdiction of that court with respect to that matter. 2. Where the office of surrogate of the county is vacant, or the surrogate is disabled by reason of sickness, absence, or lu- nacy, it must exercise all the powers and jurisdiction of that court until the vacancy is filled or the disability ceases, as the case may be. § 1184. The authority of the court of common pleas to act as pbua. T ' P,or prescribed in the last section, must be proved in one of the fol- T^nty. owing modes: 440 WHKX COMMON PLEAS TO ACT FOR SUBBOOATE. Co. Civ. l'roo. i-itm. Order of gen- eral term oh to disability, etc., of Hurrogate. Id. $2180. How order or appointment superseded. Id. §2490. Proceedings in court of com- mon pleas. L. Where the surrogate is disqualified or precluded from act- ing in a particular matter, that fact may be proved by the sur- rogate's certificate thereof; or, by -affidavit or oral testimony. 2. The fact that the surrogate is so disqualified or precluded, or that he is disabled, or that the office is vacant, and also the authority of the officer, or of the court, as the case may be, to act in his place, may be proved, and are deemed conclusively es- tablished, by an order of the general term of the supreme court, held within the department. § 1185. An order may be made, as prescribed in subdivision second of the last section, upon or without notice, as the general term thinks proper. It must recite the cause of making thereof; it must designate the court empowered to discharge the duties of the office of surrogate; and, if it relates to a particular matter only, it must designate that matter. Where the office of surro- gated vacant, or the surrogate is disabled by reason of lunacy, the attorney-general, if directed by the governor, must, or the district-attorney, upon his own motion, may, apply for the order; and the general term must grant it upon his application. The general term may also grant the order, upon the application of a party, or a person about to become a party, to any special pro- ceeding in the surrogate's court. Where the surrogate is sick or absent, the granting of the order rests in the discretion of the court, and its effects may be qualified, as the court thinks proper. § 1186. Where an order is made by the general term, as pre- scribed in the last two sections, for any cause except a vacancy in the office of surrogate, it may be revoked, without prejudice to any proceedings theretofore taken by virtue thereof, by the general term of the department embracing the surrogate's county, upon proof that it was improvidently made, or that the cause of making it has become inoperative. Such an order or appoint- ment, made upon the ground that the surrogate's office is vacant, is superseded, without any formal revocation, by the filling of the vacancy. After the order or appointment is revoked, or the vacancy is filled, as the case may be, the unfinished business, in any proceedings taken by virtue of the order or appointment, must be transferred to, and may be completed by, the surrogate, in the same manner and with like effect as where a new surro- gate completes the unfinished business of his predecessor. § 1187. In a special proceeding cognizable before a surrogate, taken in the court of common pleas, the seal of the court in which it is taken must be used, where a seal is necessary- The special proceedings must be entitled in that court; and the papers therein must be filed or recorded, as the case may be, and issues therein must be tried as in an action brought in that court. The DI TIKS OK SI HJJOCATK. I I 1 clerk of that court must sign each record which is required to be signed by tlic surrogate or the clerk of the surrogate's court . The issuing of a citation may lie directed, and any order intermediate the citation and the decree may he made, hy a judge of the court. <5 1188. The COUrt may" a1 any time, in its discretion, upon Oo^ci*. Pro* heing satisfied that the reason for the exercise of its powers and rrngtort jurisdiction has ceased to operate, make au order to transfer to 'urn-Kiit"^ the surrogate's court any matter then pending before it. Such an order operates to transfer the same accordingly. Immedi- ately after such a transfer, or after the revocation of the order of the general term, as prescribed in the last section but one, the surrogate must cause entries to be made in the proper hook in his office, referring to all the papers filed, and orders entered, or other proceedings taken, in the court of common pleas, and he may cause copies of any of the orders or papers to he made, and recorded or filed in his office, at the expense of the county. vj list*. The surrogate must, at his own expense, make and .V Vl^T rile in the office of the county clerk, between the first and surrogate to. - . . report fees. twentieth days of January in each year, a report containing a statement, verified by his oath, of all fees received or charged hy him for services or expenses since the last report, and of all disbursements chargeable against the same, or to the county, stating particularly each item thereof. 1190. The surrogate of the county of New York may sign WW, ch. ese, sa decrees, letters testamentary, of administration and guardian- ship, and orders to show cause, during the month of August or such other month as he shall designate for his vacation, wher- ever he shall be passing such vacation within the State. § 1191. The surrogate may appoint, and at pleasure remove, ^j iv Proc - as many clerks for his office, to be paid by the county, as the Clerks in gurro ■ ' pate's office. hoard of aldermen authorize him so to appoint. The board of aldermen must fix the compensation of the clerk or clerks so appointed, and may authorize them, or either of them, to receive, for their or his own use, the legal fees for making copies of any record or paper in the office of the surrogate. The surrogate may appoint) and at pleasure remove, as many additional clerks, to be paid hy him, as he thinks proper. §1192. A citation, notice, or other paper in the surrogate's £^ iv proc - court, directed to be published by the Code of Civil Procedure, Publication ot or by an order made pursuant to a provision therein contained, '° 12on. Where the surrogate seasonably certifies in writing to P|W the board of aldermen, that the examination of inventories and accounts of guardians required by law to be made annually can- not be made by him, or by the clerk of the surrogate's court or by any clerk employed in his office and paid by the county, the board must provide for the compensation of a suitable person to make the examination. § 1201. The board of aldermen" are authorized and empow- Amended 5 ' 3 ' ered to require from the assistants of the surrogate, such secu- comp.^wi ' ritv for the faithful performance of their duty as to the said ^Swcuritv board may seem necessary and proper. Title 6— The Marin^Comt. § 1205. The marine court of the city of New York is a Co Civ Proo court of record. * Comp - ,ak § 1206. The term of office of the justices shall be six years. ]8ro ch rig8 The justices in office when this act shall take effect shall con* Com P 1300 444 JURISDICTION OF MARINE COURT. ( ourt to con- sist Of hlX Jlls tleeu. TerniH of office, and when I8BS, eh, 88P, i-i. Comp. 1800. 1849, oh. 28. 7 Hun. 303. IBTO, oh. 582, |4, Comp. 1301. MSB, ch. 389, jjo Comp. l.m ( Yimpen«at ion of clt-rk. Co. Civ. Proc |315. i'omp. 1301. rnchaiiKcd. Jurisdiction. As amended 1877. ch. 41«. Co. Civ. Proc. Id. §316. Comp 1302. Unchanged. The last section limited. See 52 How. 94. tinue therein until the expiration of the terms for which they were respectively elected, subject to removal in cases now estab- lished by law. Two justices shall be elected at the general else* tion to be held in the year eighteen hundred and eighty-one, and the same number at the general election in each second year thereafter. Any vacancy shall be filled by appointment by the governor, and the person so appointed shall hold tbeoftce until the commencement of the political year next succeeding the first annual election after the happening of the vacancy at which such officer could be by law elected. The annual salary of each of the justices is ten thousand dollars. 1207. The clerk shall receive an annual compensation, which shall not be diminished during his term of office and which shall be in lieu of all fees and perquisites. .5 Il'iis. The jurisdiction' of the marine court extends to the following cases : 1 . An action against a natural person, or against a foreign or domestic corporation, wherein the complaint demands judg- ment for a sum of money only, or to recover one or more chat- tels, with or without damages for the taking or detention there of. \ '1. An action to foreclose or enforce a lien upon real prop- erty in the city of New York, created, as prescribed by statute, in favor of a person, who has performed labor upon, or fur- nished materials to be used in the construction, alteration, or repair of a building, vault, wharf, fence, or other structure ; or who has graded, filled in, or otherwise improved a lot of land, or the sidewalk or street in front of or adjoining a lot of land. 3. An action to foreclose or enforce a lien, for a sum not exceeding two thousand dollars, exclusive of interest, upon one or more chattels. 4. The taking and entry of a judgment, upon the confes- sion of one or more defendants, where the sum, for which judg- ment is confessed, does not exceed two thousand dollars, exclu- sive of interest from the time of making the statement, upon which the judgment is entered? § 1209. The jurisdiction conferred by the last section is sub- ject to the following limitations and regulations : 1. In action wherein the complaint demands judgment for a sum of money only, the sum, for which judgment is rendered in favor of the plaintiff, cannot exceed two thousand dollars, exclusive of interest, ana 1 costs as taxed ; except where it is brought upon a bond or undertaking, given in an action or special proceeding in the same court, or before a justice thereof ; or to recover damages for a breach of promise of marriage , or where it is a marine cause, as that expression is defined in the Jl'KlSIMC.TIUN <>!■ M A KIN K (OURT. 445 next M-ssion. Where tlif action is brought upon a bond or other contract, the judgment must be for the sum actually due. with- out regard to a penalty therein contained ; and, where the money is payable in installments, successive actions may be brought for the installments a^ they become due. 2. In an action to recover one or more chattels, a judgment ,\ c annot bo rendered in favor of the plaintiff for a chattel or chat tels, the aggregate value of which exceeds two thousand dol- lars. 13. The court has not jurisdiction of an action against an ex ecutor or administrator, in his representative capacity. Hut this subdivision does not prevent the court from continuing an action against an executor or administrator, or from substitut- ing an executor or administrator in place of a defendant in an action, in a case where it is prescribed that a continuance or sub- stitution may be made. § 1210. The following actions are styled in this title, marine j&vjoonlj? 0, causes, and the court possesses the same jurisdiction of such an ',^1,,. ,,,,,, „, action as the supreme court of the State: marine cause* 1. An action in favor of a person, belonging to a vessel in tho merchant service, against the owner, master, or commander thereof, for the reasonable value of services, or for the breach of a contract to pay for services, rendered or. to be rendered on board of tho vessel, during a voyage, wholly or partly per- formed, or intended to he performed by it. 2. An action in favor of or against a person, belonging to or on board of a vessel in the merchant service, to recover damages for an assault, battery, or false imprisonment, committed on board the vessel, upon the high seas, or in a place without the United States. But this section does not confer upon the marine court au- thority to proceed as a court of admiralty or maritime jurisdic- tion. .§1211. Application for the removal of a person from real ^, , , iv lr ": property, as prescribed in title two of chapter seventeen of the code of civil procedure, may, if the property or a portion thereof is situated in the city, be made to a justice of the marine court. § 1212. . The court, has not, nor has either of the justices r % ri y ' ,roc - thereof, power to naturalize an alien. Eofc § 1213. Said court shall continue to exercise the jurisdiction natwnSSe* and powers vested in it by law on September first, eighteen hun- co. civ. Proc. dred and seventy-seven, according to the course and practice of $- omp . laes. the court, except as otherwise prescribed by the code of civil procedure, or acts passed subsequent to said act. § 1214. The supreme court, at a term held in the first judicial I'm™ ' district, may, by an order made at any time after joinder of an 1 16 JUSTICES OF MARINE COURT. Removal of u<- tlon to Huprcmt court from marine court. Co. Civ. l'roc. Sb'JO, as amended 1877, ch. 416, Comp. 1303. Juatleea: tlicir nntnl duties. id. {821. How mupended from office. Id. §32.'. Chief justice, how desig- nated; his gene- ral duties, etc. issue of fact, and before the trial thereof, remove to itself an action brought in the marine court, for the purpose of changing the place of trial thereof. Where an order for removal is made, as prescribed in this section, the place of trial must be changed by the same order to another county, and the subsequent pro coedings therein must be the same as if the action bad been originally brought in the supreme court. The .provisions of sec tions three hundred and forty-four, tbree hundred and forty five, and three hundred and forty six of the code of civil pro cedure apply to an application to remove such an action, and to the proceedings upon and subsequent to the removal, as if the marine court was specified in those sections in place of the county court, and justic%>thereof in place of the county judge. § 1215. The court consists of six justices, one of whom is the chief justice of the court. Each justice must perforin his share of the labors and duties appertaining to the office. One of the justices must attend at the chambers of the court, from ten o'clock in the morning until four o'clock in the afternoon of each day, except Sunday, a public holiday, or a day upon which the inhabitants of the city of New fork generally refrain from business. Kach justice, while in the rooms of the court, and not actually engaged in the performance of other official duties, must act upon apy application for his official action properly made to him. The justice assigned to a trial term or a special term must remain in attendance until the day calendar is dis- posed of, or for such other time as is reasonable. ^ 121»J. Where it appears presumptively, to the satisfaction of the governor, that a justice of the court has been guilty of corruption, or other gross misconduct in office; or habitually neglects to perform his share of the labors and duties appertain- ing to the office; or is incapable of properly discharging the same; the governor may, in his discretion, make an order sus- pending that justice from the exercise of the duties of his office, and directing that his compensation cease. *Such an order must recite the grounds upon which it is made; and it remains in force, unless it is sooner revoked by the governor, until the final adjournment of the next session of the legislature; or. if the legislature is then in session, until the final adjournment of that session. $ 1217. The justices of the court, or a majority of them, must, from time to time, as a vacancy occurs in the office of chief jus- tice, designate one of their number to be chief justice. A certi- ficate of the designation, under the hands of the justices making the same, must be filed in the office of the clerk of the court. The person so designated shall be chief justice during his term of office. The chief justice has the like authority, within the JlSTICKs OF M AH INK COUHT 1)7 jtirisdictiou of 1 1 if court, as a presiding justice of tin- supreme court; and when he is present and is not disqualified, he must preside at a general term. •? 121S. The justices of the court, or a majority of them, may. from time to time, establish rules of practice for the court, not inconsistent with the code of civil procedure, or with the gen eral rules of practice estahlished as prescribed in section seven- teen thereof. The latter govern the practice in the court, as far as they are applicable thereto. £ 1219. The court is always open for the transaction of any business, for which notice is not required to be given to an ad verse party. The justices of the court, or a majority of them, from time to time, must appoint, and may alter, the times of holding general, special, and trial terms of the court. They must prescribe the duration of the terms; designate the" trial terms at which jurors are required to attend; and assign the justice or justices to preside and attend at each of the terms so appointed. In case of the inability of a justice to preside or at- tend, another justice may preside or attend in his place. Each trial and special term must be held by one justice, and each general term by at least two justices. Two or more general, special, or trial terms may be appointed to be held at the same time. The concurrence of two justices is necessary to pronounce a decision at a general term. If two do not concur, a reargu- ment must be ordered. .The justices holding a general term may order reargument, before themselves, or at a subsequent general term, of a cause heard by them, or at a previous general term. % § 1220. Each term bo appointed must be held at the city hall, except that auxiliary or additional parts, for the transaction of any business specified in the appointment may be held else- where within the city of New York, as designated in the ap- pointment. An appointment must be published in two news papers, published in the city of New York, at least once in each week, for three successive weeks, before a term is held in pur- suance thereof. S J 221. Each of the justices may, within the city of New York, administer an oath, or take a deposition, or the acknowl- edgment or proof of the execution of a written instrument, and certify the same in like manner and with like authority and effect as a justice of the supreme court. § 1222. In an action brought in the court, au order cannot be made, or a warrant of attachment granted, by an officer other than a justice of the court : and each provision of the code of civil procedure, which empowers an officer, other than a judge of the court in which an action is brought to make an order Co, Civ. iy. The clerk may designate as many of his assistants as the justices of the court, or a majority of.them, may deem neces- sary, as special deputy clerks. Each special deputy clerk pos- sesses, in the absence of the clerk and a deputy clerk, the same powers as the clerk, at any sitting or term of the court which he attends, with respect to the business transacted thereat. • § 1226. The clerk must receive, for the use of the city of New York, the fees allowed by law. He shall not perform any ser- vice, for which a fee is allowed by law, until the fee therefor is paid to him. He must, on the first day of each month, or with- in three days thereafter, render to the comptroller of the city an account, under oath, of all fees received, directly or indirectly, during the preceding month, by him, or by a deputy clerk, or either of his assistants, for any official service ; and he must, at the same time, pay the same into the treasury of the city of New York. AYhen the return and payment are so made, the clerk is entitled to receive his compensation for the period included in the return. He is not entitled to compensation for a period for which he has not made his return and payment. § 1227. The clerk of the court must appoint three stenogra- phers of the court, and may at pleasure remove either of them. The justices of the court, or a majority of them, mast, from time to time, assign each of the stenographers to duty at the trial terms. Each stenographer is entitled to a salary, fixed and to be paid as prescribed by law. He must attend each term to which he is assigned. IN I'niM'KKTKk OF MA KINK COUKT. t 19 ^ L228. The clerk of the court from time to time must appoint. > ' IW. J and may at pleasure remove, an official interpreter of the court, i877.oh.4W. ..,, «, , » 3 t ± \ • •% "Lai Interpreter. who is entitled to a salary, fixed and to be paid as prescribed by law. Before entering upon his oflicial duties, lie must subscribe, and til" in the ollice of the clerk of the city and county of New York, the constitutional oath of ollice. Ho must attend any trial or special term of the court, where his services are required; and the justices of tho court, or a majority of them, may, by order, regulate his attendance. § 1229. If the official interpreter knowingly and willfully, m.|«m falsely interprets any evidence, matter, or thing between a miiSSSucl v witness and the court, or a justice thereof, in the course of an action or special proceeding, ho is guilty of perjury. § 1230. The clerk of the court must appoint, and may at J^ Civ - Proc - pleasure remove, as many attendants upon the court as he (hems necessary, not exceeding thirteen ; the justices of the court, or a court may majority of them, may regulate their attendance. Each at- ants. etc. tendant is entitled to a salary, lixed and to he paid as prescribed by law. ^ 1231. The clerk, the deputy clerk, an assistant to the clerk, ™ $ , m ° ' Clerks, inter - the oflicial interpreter, or an attendant, shaU not receive any piytenand 1 7 J attendants not fee or compensation, except his salary, for any official service to receive fees, performed by him. >J 12:52: A justice of t lie court may, bv an instrument under i. Direction nnil rxocution of iiinndateH. Co. Civ. Proc. )i3'Jfi8. Co. C iv. Pi CKV SS1T37. 173K. Co. Civ. I'roc 13165. Summons. •I. An ordci duly made, in ;ui action pending in the court, requiring the performance of an act by a party thereto, or by an officer, may ho served upon a person hound to obey the or- der, and his obedience thereto maybe required in an v part of the State. 5. An order 1o show cause why a person Should not be pun- ished for a contempt of the court may be served by any person in any part of the State. 6. A warrant to apprehend, and bring before the court, a per- son charged with such a contempt, may be executed by the sheriff of the city and county of New York, or a marshal of that city, in any part of the State. 1234. In an action brought in the court, an order of arrest, a warrant of attachment, an execution, or a requisition to re- plevy a chattel, must be directed to and executed by the sheriff. \ny other mandate, which must have been directed to and exe- cuted by the sheriff of the city and county of New York, if it issued out of the supreme court, may, where it issues out of the marine court, be directed to and executed either by that sheriff or a marshal of that city, named therein. A marshal is entitled to the same fees as* the sheriff, upon a mandate directed to him, or upon the service of a summons ; and each provision of law, relating to the execution of a mandate by the sheriff, and the power and control of the court over the sheriff executing the . The defendant may require security for costs to be given where the plaintiff was, when the action was commenced, a person residing without the city. § 123G. In an action brought in the mating court to foreclose a lien upon a chattel, fhe court, or a judge thereof, has jurisdic- tion in a case provided by law to issue a warrant to the sher- iff, commanding him to seize the chattel and safely keep it to abide the final judgment in the action. § 1237. The summons in an action brought in the court must state that the time within which the defendant must serve a copy of his answer is six days after the service thereof, exclus- ive of the day of service, except in one of the following cases : 1. A justice of the court may, unon satisfactory proof, by affidavit, that either the plaintiff or the defendant resides without the city of New York ; or, where there are two or more plain- tiffs, or two or more defendants, that all the plaintiffs or all the defendants reside without that city, direct by an order that the defendant be summoned to answer within a shorter time speci- TIMK FOK I'KOtKKDI.NfiS IN MA KINK COURT. 1 5 1 fiod therein, not less than two days after the service of the sum- mons, exclusive of the day of service ; whereupon the summons must correspond to the order. The order must he indorsed upon or annexed to the summons, and a copy thereof must Ikj deliv- ered with a copy of the summons. The justice may, in his dis- cretion, as ;i condition of granting the order, require the plain tiff to give an undertaking, with one or more sureties, to the effect that the plaintiff will pay any judgment which maybe rendered against him in the action, not exceeding a sum speci- fied in the undertaking, which must he at least two hundred dollars. 2. Where an order directing service of the summons with- out the city of New York, or by publication is granted, the sum- mons must state that the time within which the defendant must servo a copy of his answer is ten days after the service thereof, exclusive of the day of service. If a summons, requiring the defendant to answer within a shorter time has been issued, as prescribed in this section, before an order specified in this sub- division is granted, the justice granting such an order may di- rect that the summons be amended accordingly, and thereupon the summons published, or served without that city, pursuant to the order, must correctly state the time. § 123S. The time within which a defendant in a case specified wny' in section four hundred and seventy-nine of the code of civil procedure must demand a copy of the complaint, and the time within which the plaintiff must serve the sdtne, after a demand thereof, as prescribed in that section, and the time within which a copy of a pleading, subsequent to the complaint, must be served, after the service of a copy of the preceding pleading, is the same number of days, as stated in the summons, within which the defendant is required to serve a copy of his answer, after service of the summons. But, except as otherwise pre- scribed in section thirty-one hundred and eighty-five of said act, a defendant, arrested before answer, has ten days after the ar- rest within which to demand a copy of the complaint or to serve a copy of his answer, as the case requires, and judgment must be stayed accordingly. >j 1230. The time for taking certain proceedings, in an action j^"^ brought in the court, is as follows: 1. Service of notice of non-acceptance of bail, within five days after the delivery,- to the plaintiff's attorney, of certified copies of the order of arrest, return, and undertaking, as pre- scribed in section five hundred and seventy-seven of the code of civil procedure. 2. Service of notice of justification of the bail, within five days after service of the notice specified in subdivision first of this section. 152 BERYICE OF KOTll B IN MA KINK COURT. :». Service of notice of exception to the sureties, in an under- taking given by the plaintiff, as security for the defendant's costs, within two days after service, upon 1 1 1 * - defendant's attor- ney, of a written notice of the filing thereof; and service of notice of the justification of the same, or new sureties, within •• t wo days after service of the notice of exception. Bu«f ,T ' Proc ' 8 1240. The time for personal service of certain notices, in an action brought in the court, is as follows: 1. Notice of justification of the sureties, in an undertaking given by the plaintiff, as security for the defendant's costs, not more than two days. 2. Notice of an application for judgment in a case specified in section five hundred and thirty-seven of the code of civil pro- cedure; notice of a motion to strike out a pleading in a case" specified in section five hundred and thirty-eight of said act; notice of an application for judgment upon the defendant's de- fault, ox of the execution of a reference, or writ of inquiry, or of an assessment thereupon, as prescribed in section twelve hun- dred and nineteen of said act— not less than two days. '.). Notice "of the justification of hail, not less than two nor more than ten days. 4. Notice of a motion, other than a motion specified in sub- division second of this section, not less than four days; but the court or a justice thereof may, upon an affidavit showing grounds therefor, yrescribe a shorter time by an order to show cause. 5. Notice of trial of an issue of fact, or of an issue of law; notice of the hearing of an appeal, or of any other hearing, the time for serving which is not expressly prescribed in either of the foregoing subdivisions of this section, or elsewhere in this title— not less than five days. G. Notice of taxation of costs, not less than two days; ex- cept where all the attorneys, serving and served with the notice, reside or have their offices in the city of New York, in which case one day's notice is sufficient. . Co. civ. Proc. §1241. Notice of trial of an issue triable at a tenu of the court, or- of the hearing of an appeal to the general term of the court, may be given for any day of the term. A note of issue must be filed at least two days before the day, or the commence- ment of the term, for which the notice of trial or hearing is given; and, if it relates to the trial of an issue of fact, or of law, it must, in addition to the matters specified in section nine hun- dred and seventy-seven of the code of civil procedure, state the day or the term for which the notice has been given. But this .and the last section do not apply to a case where special pro- vision is otherwise made in sections twelve hundred and fifty - one to twelve hundred arrd sixty, inclusive, of this act. I' I M K DKCISIO.N ML' ST BE PILED; 4o:i £ 1242. Thf timo within which the decision of the court must g»^£h Proc he filed, in a case specified in section ten hundred and ten of the code of civil procedure, is ten days after the cause is finally suit n fitted. The decision of the Court, in a case specified in section ten hundred and twenty-two of said act, is sufficient if it directs the judgment to he entered thereupon: hut, if so required by a party appealing, the justice by whom t ho decision was made must, within ten days after the appeal is perfected and notice thereof and of the requirement is given to him, make and file with tho clerk a special decision, stating separately the facte found and the conclusions of law. §124.°>. A counter-claim, specified in suhdivision second of sec- ^l:','" , r " tion five hundred and one of the code of civil procedure, cannot be interposed in an action brought in the court, unless it is of such a nature that the court has jurisdiction of an action founded thereupon; except that, in an action brought by an executor or administrator, any counter-claim may be interposed which could be interposed in a like action brought in the supreme court. A counter-claim" may be interposed in an action brought in the court, without respect to the amount thereof, and judgment thereupon, in favor of the defendant, may be rendered for any sum. § 1244. The court may, of its own motion, or upon the appli- iars. v " Ir ° r cation of either party, without the consent of the other, by order, direct a reference, to determine and report upon a question of fact, arising upon a motion, in any stage of an action. § 124."). A party to whom a sum is awarded, upon a trial, an «Sm T - Proc assessment of damages, or the execution of a reference or writ Portion of yer ° ' diet, etc., mav of inquiry, may remit any portion thereof, and take judgment be remitted. ' for the residue. j> 1240. Where it satisfactorily appears that a party, who is pnea Pr °' actually confined in jail by virtue of an order of arrest, or an execution against the person, issued in an action brought in the court, is physically unable to endure the confinement, and that he cannot procure bail, or the necessary SLireties in a bond for the jail liberties, as the case requires, the court, or a justice thereof, may, in its or his discretion, by order, direct the sheriff to release him from custody. The sheriff must obey such an or- der. After such a release from an execution against the person, another execution against the person of the judgment debtor, cannot be issued upon the judgment; but the. judgment creditor may enforce the judgment against property, as if the execution from which the judgment debtor was released had been returned without his being taken. § 1247. An order, directing the service of a summons, either 2g^ T - Rroe - • without the city of New York or by publication, may be granted ATTACHMENT IN MARINE COURT. service of «um- by the court, or by a justice thereof: hut only in a rase where a fflonfl without J jo j puhnrauon 1 '"' warrant of attachment has been issu-d, as 'prescribed in the last section, and personal service of the summons cannot he made, with due diligence, within that city. The plaintiff, when heap- plies for such an order, must show hy affidavit, to the satisfac- tion of the court or justice, that the case is within this section. Where an order is granted, as prescribed in this section, service of the summons without that city may be made, as directed in the order, either within or without the State. Sections four hundred and forty to four hundred and forty-five, both incln sive, sections six hundred and .thirty -eight, seven hundred and seven, and seven hundred and eight of the code of civil pro- cedure apply to the service or publication, pursuant to such an order, and to the proceedings relating to the same, and subse- quent thereto; substituting the words, " the city of New York,"' in place of the words, " the State," wherever the latter words occur. If the defendant is a resident of the city of New York, the order must also direct that a copy of the summons, com- plaint, and order be left at his residence, specifying it, with a person of suitable age and discretion, if, upon reasonable appli- cation, admittance can be obtained, and such a person found who will receive it; or if admittance cannot be so obtained, nor such a person found, by affixing the same to the outer door of the residence so specified. Co civ lToc. § 1248. In order to entitle the plaintiff to a warrant of at- s3,e9 tachment against property, he must show by affidavit, to the satisfaction of the justice granting it, that a sufficient cause of action exists against the defendant, to recover damages for one or more causes specified in section six hundred and thirty-five of the code of civil procedure, to an amount stated in the affi- davit; which, if the action is to recover damages for breach of a contract, must be stated over and above all counter-claims known to the plaintiff; and also that the case is within one of the fol- lowing subdivisions: 1. That the defendant is a foreign corporation, or a domestic corporation whose principal place of business is not within the city of New York. 2. That the defendant is not a resident of the State. 3. That the defendant, being a resident of the State, is not a resident of the city of New York, and has not an office within that city where he regularly transacts business in person. 4. That the defendant, being an adult and a resident of that city, has departed therefrom, with intent to defraud his credit- ors or to avoid service of the summons; or keeps himself con- cealed therein, with the like intent; or that., after proper and ATTACHMENT I N MARINE COURT 4.'.;. diligent effort to ascertain the place of the sojourn of such :i resident adult defendant, the same cannot he ascertained. .">. That the defendant, being an adult, has removed, or is about to remove, property from that city, with intent to defraud his creditors, or that he has assigned, disposed of, or secreted, oris about to assign, dispose of. or secrete property, with the like intent. 6. That the defendant, being an adtdt and a resident of that city, has been continuously without the United States more than six months next before the granting of the warrant, and has not made a designation of a person upon whom to serve a summons in his behalf, as prescribed in section four hundred and thirty of said act. or a designation so made no longer ve mains in force. § 1249. At the time of issuing any attachment or warrant, c*mp h iwr 5 ' the party applying therefor shall pay to the said clerk the sum l1 " rk '" of one dollar; and if a trial shall be had in the action so com inenced the plaintiff therein shall pay to the said clerk an addi- tional sum of two dollars and fifty cents, which said sums shall be received in lieu of all other fees now required by law to be paid the said clerk. 12.")0. Where perishable property has been levied upon, by oo.cit.ivoc, virtue of an execution or a warrant of attachment, the court may, perishable upon the application of the officer making the levy, by order, b^soM*™* 3 direct the sale thereof, at such a time and upon such a notice as it deems proper, and thereupon the property must be sold ac- cordingly. 1251. In an action specified in subdivision second of section Prc "' three hundred and seventeen of the code of civil procedure, the Arrest in cer- plaintiff may apply for an order of arrest, to accompany the summons, in the form and to the effect specified in the next sec- tion. If such an order is granted, the proceedings in the action must be conducted as prescribed in the following nine sections. * The justices of the court, or a majority of them, may from time court may reg to time, by one or more general rules, attested by the hands of Tainifes. the justices making the same, and filed with the clerk, regulate the manner in which an application for such an order may be made, and the cases in which an undertaking may be dispensed with. Until regulations are so established, the justice to whom the application is made may, in his discretion, require or dis- pense with an undertaking thereupon. $ 12">2. The order of arrest, granted as prescribed in the last ^° i: Civ Pwe section, must require the sheriff to arrest the defendant, and to bring him forthwith before the court, at the chambers thereof: or if, when he is arrested, the court is not in session at cham hers, to hold him to bail, in a sum specified in the order, for his 456 ORDER OF ARREST IN MARINE COURT. personal attendance at the opening of the court, on the next day thereafter, when it is in session at the chambers thereof. The Order must also direct that the defendant he summoned to an- swer the complaint in the action forthwith. Thereupon th< summons must conform to the order. fo.civ. pioc. § 1253. The sheriff, upon arresting the defendant, by virtue of such an order, must, at the same time, serve upon him the summons, and also a copy of the order of arrest, and of the pa- pers upon which it was granted. He must forthwith bring the defendant before the court, at the chambers thereof, if the court is then in session at chambers; otherwise, unless bail is given, as prescribed in the next section, he must take the defendant to the jail of the city and county of New York for the confinement of prisoners in civil causes. The keeper thereof must confine the defendant therein. On the next day thereafter, when the court is in session at chambers, the sheriff must take the defend- ant from the jail and bring him before the court. «8i'«o n *' rrot ' §1254. The defendant may give bail, by delivering to the sheriff, a written undertaking to the plaintiff, in the sum speci- fied in the order of arrest, executed by one or more sureties, to the effect that the defendant will attend in person at the opening of the court, at the chambers thereof, on the next day there- after when it is there in session; or he may deposit with the sheriff the sum specified in the order of arrest. In either case, the sheriff must foithwith release him from custody. Oo.gCiT. Proc. g 1255. Where bail is given, as prescribed in the last section, the officer taking the acknowledgment of the undertaking must, if the sheriff so requires, examine under oath, to a reasonable extent, the persons offering to become bail, concerning their property and their circumstances. The defendant may give bail, or make the deposit immediately upon his arrest, at any hour of the day or night; and he must have reasonable opportu- nity to seek for and to procure bail, before being committed to jail. Where a deposit is made, the money deposited must, be- fore the expiration of the next day thereafter, not being Sunday or a public holiday, be paid, by the sheriff, into court, to the credit of the action, by being p lid directly to the chamberlain. id. §3i32. § 1256. At any time after the return of the sheriff, and before after retura. final judgment, a justice of the court may admit a defendant in custody to bail, or allow him to make a deposit; and may direct his release, upon his giving bail or making the deposit accord- ingly. The sum to be deposited, or the sum specified in the un- dertaking of the bail, must be fixed, and the sureties in the un- dertaking must be approved, by the justice; who must be satis- fied, by their examination, or by other proof, respecting their sufficiency. The undertaking must be to the effect that the 3 ORDER Of ARREST I v - klARINE COURT. i 'u defendant will, at all times, render himself amenable to a j mandate which may he issued, 10 enforce ;i final judgment against him in the action. Article fourth of title first of chapter seventh of the code of civil procedure applies where hail is given as pr oscri bed in this or the last section. 3 1257. Unless hail is given, 01' a deposit is made. pre* u.fUM. scribed in the last three sections, the defendant must remain in defendant to w the jail by virtue of the order of arrest, until final judgment in ! ™ l '!V ' the action: and if the judgment is against the defendant, until the return of an execution against property, issued thereupon. But the court must direct him to he brought into court at the time of the trial ; and it may, in its discretion, direct him to be brought into court at any other time. In either case, he must betaken from the jail and brought into court accordingly. § 125S. The sheriff, after serving the summons and executing 9g^ v - Proc the order of arrest, must make a full return of his proceedings Return of thereupon, to the court at chambers. The return must be made forthwith, unless the court is not then in session at chamber-; in which case, it must he made immediately after the opening of the court, on the first day thereafter, when it is there in session. If the defendant has given bail, the undertaking of the bail must be returned, to be delivered to the plaintiff when the court so directs. ;> 12M». L'nless both parties sooner appear, the court must w. §3185. 1 *r m **-*i*t 1 ■ ■ ■ wait one hour after the return ; or, if the defendant has given utter return bail, one hour after the opening of the court. As soon after the parties appear, or after the expiration of the hour, as tin* business upon which the court is then engaged will permit, the court 'must take up the cause. If the plaintiff does not then appear, a judgment dismissing the complaint; with costs, must he rendered. If the defendant does not then attend in person, the plaintiff must then make bis complaint, and the defendant's default must be entered. If the plaintiff appears and the defendant attends in person, the pleadings must then be made, and issue must then be joined. The pleadings may be oral or written ; if they are oral, the clerk must enter the substance thereof in the minute-. If either party desires a trial by a jury, he must demand the same, at the time of the joinder of issue : otherwise the issue must be tried by the court without a jury. <5 1866. Where a trial by jurv is dulv demanded, the court at Ri31 Trial. chambers must direct the issue to 1k> tried, at a trial term, upon such notice as it deems proper, or without notice; it may also direct that the action have a preference upon the day calendar, either generally or for a particular day; and it may give such direction as it deems proper, with respect to filing a note of issue. Where a trial by jury is not duly demanded, or where ORDER <>l A.RRES1 IN MARINE COURT. the defendant is in default, the evidence must then, 01 at such subsequent time, either at chambers or at a D ial tenn or special term, as the court at chambers appoints, he given: and there- upon final judgment must l>e rendered. Bat the issue must he appointed to he tried within six days after the joinder thereof, unless both parties assent to a longer time : or a trial by jury is demanded, and there is no term of the court, at which it can he had, within that time. The trial cannot be adjourned, without the consent of both parties, beyond three calendar months from the joinder of issue. co^iv. proc. § 1201. Sections twelve hundred and fifty-one to twelve hun- dred and sixty, inclusive, of this act, do not prevent the plain- tiff, from commencing, and conducting in the ordinary man- ner, an action, for a cause specified in subdivision second of sec- tion three hundred and seventeen of the code of civil procedure. m. fsDn. |126&. Sections four hundred and thirty-eight, six hundred and three, sec tions six hundred and eleven to six hundred and nineteen, both inclusive, sections six hundred and thirty-six. eight hundred and twenty-seven, ten hundred and thirteen, and ten bundled and fifteen of the code of civil procedure do not apply to an action or a special proceeding brought in the marine court, or before a justice thereof, or to any proceeding therein. Sections thirty-two hundred and sixty-eight and thirty-two hun- dred and sixty-nine of said act do not apply to actions known as marine causes, or where an undertaking has been given as pre- scribed in section thirty-one hundred and sixty-five of said act. A plaintiff in an action brought in the court, who has an office for the regular transaction of business in person witbin the city of New York, is deemed a resident of that city within the mean- ing of sections thirty-two hundred and sixty-eight and thirty - two hundred and sixty-nine of said act. w. §3jc7. § 1203. Section thirty-two hundred and twenty-one of the code of civil procedure applies to an action brought in the court and to the judgment and execution against the person and prop- erty of the judgment debtor. w. |am. § 126-i. The application to the court of article second of title third of chapter ninth of the code of civil procedure is subject to the following qualifications : 1. The words, "'the city and county of New York, or either of the counties of Eichmond, Kings, Queens, or Westchester," must be regarded as substituted in place of the words, " the State," wherever those words are used in that article, with re- spect to the locality of a witness. 2. Interrogatories, framed pursuant to that article, can be settled only by a justice of the court. * 3. A commission, or order to take depositions, issued or APPEALS IN MARINE COURT. 459 granted, pursuant to that article, may he executed either within or without the State. &966i Money paid into the court, pursuant to any provision 1>r "' of the code of civil procedure, must, unless the court otherwise directs, he paid directly to the ehamherlain of tho city of New York, to the credit of the cause in which it is paid. The court may direct that money paid into court in an action brought therein on a bond, mortgage, or other security, or puhlic stock, 9&^j^F ne in or upon which it has heen invested or loaned, he transferred Comp mm and delivered to a general or special guardian, committee, or other trustee, upon his giving, or if he has given, security satis- factory to the court, for the faithful execution of his trust ; or that a bond, mortgage, or other security, or puhlic stock, to be taken by or in the name of the guardian, committee, or other trustee's: and be collected, invested, or loaned, as the court directs, or as prescribed in the general rules of practice. jj 1200. An appeal to the general term of the court maybe taken from a final judgment rendered therein, in a case where an appeal may he taken to the general term of the supreme court from a final judgment rendered therein, as prescribed in section thirteen hundred and forty-six of the code of civil procedure. § 1207. An appeal to the general term of the court may also r ^ riv Vroc - be taken from an interlocutory judgment rendered, or an order made, at a special term or a trial term thereof, or an order made by a justice thereof, out of court, in a case where an appeal may be taken to the general term of the supreme court from an inter- locutory judgment rendered, or an order made, in like manner, as prescribed in sections thirteen hundred and forty-seven, thir- teen hundred and forty-eight, and thirteen hundred and forty- nine of the code of civil procedure. § 126S. An appeal, authorized by the last section, must be Proc taken within ten days after service of a copv of the judgment Jtae toappeai » L J from order; or order appealed from, and a written notice of the entrv proceedings ~ r ' . J thereupon. thereof. In every other respect, titles first and fourth of chapter twelfth of the code of civil procedure, apply to and govern an appeal, taken as prescribed in either of the last two sections. 1209. An appeal may be taken to the court of common °^- 9 J Jlv Proc pleas for the city and county of New York from an actual deter- Appeal from ... i i xi • i r it •« » general term to mutation made bvtlte marine court of the city of New York, at common pleas; " . in what oases. a general term thereof, in either of the following cases : 1. Where a final judgment had been rendered Upon an ap- peal taken to the general term. 2. Where an order has heen made granting a new trial. But an appeal cannot be taken from an order granting a new trial upon a case or exceptions, unless the notice of appeal con- tains an assent, t>n the part of the appellant, that if the order is SALARIES OF MARINE COURT CLERKS, ETC. Co. Civ. Proc, J7o. Title- fust and third of chapter twelfth of the codeof civil procedure apply to and govern an appeal, taken as pre- scribed in the last section, except as otherwise! expressly pre scribed in the next two sections. § 1271. An appeal, authorized by the last* section, must be taken within twenty days after service of a copy of the judg- ment or order appealed from, and a wiitten notice of the entry thereof. The appeal must he heard at a general term of the appellate court. § 1272. The judgment or order of the appellate court must be remitted to the court below, to be enforced according to law. Upon an appeal from an order granting a new trial, on a case or exceptions, if tin* appellate court determines that no error was committed in granting the new trial, it must render judgment absolute upon the right of the appellant ; and thereupon an .i->essment of damages, or any other proceeding requisite to render the judgment effectual, may be had in the marine court. ? 1273. An appeal to the court of appeals cannot l)e taken in an action commenced in the marine court unless the court below allows the appeal by an order made at the general term which rendered the determination, or at the next general term, after judgment is entered thereupon. § 1274. Upon an appeal to the court of appeals, the notice of appeal and undertaking must be filed "with the clerk of the marine court, who must transmit the necessary papers to the court of appeals ; and the judgment or order of the court of appeals must be remitted to and enforced by the marine court. § 1275. The clerks, officers, attendants, and interpreter of said court receive the following salaries : The clerk, four thou- sand dollars : one deputy clerk, three thousand five hundred dollars, and the other deputy clerks, three thousand dollars each. The assistant clerks, two thousand dollars each. The stenograph ers, two thousand dollars each. The attendants, twelve hundred dollars each, and the interpreter, fifteen hun- dred dollars. But the clerk, deputy clerks, and assistant clerks appointed after May twenty-ninth, eighteen hundred and eighty, shall receive respectively ihe following salaries : The clerk, three thousand dollars ; the deputy clerks, -two thousand dollars each, and the assistant clerks, one thousand five hundred dollars each ; the attendants or officers, one thousand dollars each, and such salaries shall be all that the persons holding such offices or positions shall be entitled to receive from the treasury of said city for any and all services rendered to the city or county dur- ing the term for which such salary shall be received. THE JUDICIAL DISTRICTS. 161 § 1270. Costs awarded to a party to an action in .-aid Court in h lw the following cases must bo at the following rates : To the plaintiff for procuring an order of arrest, ten dollars. To either party for one term at which the cause is necessarily on the calendar, ten dollars. To either party upon an appeal to the general term taken from an Interlocutory or final judgment, 'or from an order granting or refusing a new trial rendered or made in said court, or upon an appeal to the court of common pleas, or on an appli- cation to the general term for a new trial, or for judgment upon a verdict rendered subject to the opinion of the court, or where exceptions are ordered to be heard in the first instance at the general term before argument, twenty dollars ; for argument, forty dollars ; for one general term at which the cause is neces- sarily on the calendar, ten dollars. § 1277. Where an application is made t6 a Court or a referee piv, n , r " to adjourn a trial, the payment to the adverse party of a sum not exceeding five dollars, besides the fees of his witnesses, and other" taxable disbursements, already made or incurred, which are rendered ineffectual by the adjournment, may be required, i?it 1 , i unient of a- a condition of granting the adjournment . § 1278. The clerk of said court shall collect and receive a coui]f isi?: 451 ' stenographer's feo of one dollar and fifty cents for each and ^SSS^S" even' trial had in said court. of.hycwk. Costs \i\vm n-l Title 0. — The District Courts. £ 127l». The city of New York is divided into ten judicial dis- isor, ch .3n. } i. tricts. in which there shall continue courts denominated district t^Th^ *i courts of the first, second, third, fourth, fifth, sixth, seventh, ^:^f; ' ' ill Ten districts. eighth, ninth, and tenth districts of that city respectively. They Co. Civ. Proc. are courts not of record. § 1280. The said districts are as follows: i85T, C h.3+i. 1. The first district embraces the first, second, third, fifth, ^cHS** l • "l II ' 1 12. Comp. 13V). and eighth wards. isso.ch. i*.', si. 2. The second district embraces the fourth, sixth, and four- f 'cl[i^ s teenth wards. is*>. «*• !»■ 3. The third district embraces the ninth and fifteenth wards. i. The fourth district embraces the tenth and seventeenth wards. 5. The fifth district embraces the seventh, eleventh, and thir- teenth wards. f>. The sixth district embraces the eighteenth and twenty-first wards. • 7. The seventh district embraces the nineteenth and twenty- lea.ch. arr, $a! second wards. 462 .jrjMSDMTKiN or J>IST1£I< T COl'IlTS. 1809, oh, 3; 7. Ml. 2, Conip.1319. 1873, ch. 313, $5. 1974, Ch. 329, IB, Comp. 1317. 1851, ch. 514. $7. Comp. 1329. Klcctlon niwl term of ofllce of Justices. 07 N. Y. 521. IHT,2, eh.M|l. Comp. 1329. Vncancles, how to bo filled. 1819, ch. 28. 1*57, ch. 311, §5, Comp. 1332. Just ices must be counselors. 1875, ch. 480, p, Comp. 1358. District court Justices, snlnrv of. Co. Civ. Proc. |>38fil. Jurisdiction. Co. Civ. I'roc. §2862. General civil iurisdietiou. 8. The eighth district embraces the sixteenth and twentieth wards. ;». The ninth district embraces the twelfth ward. . 10. The tenth district emhraces tlie twenty-third and twenty- fourth wards. ?; 1281. There shall he elected at t\m general election, to he held on the first Tuesday after the first Monday of November, eighteen hundred and eighty-seven, and once m every six years thereafter, by the electors of each of said districts, except the tenth, and in the tenth district on the first Tuesday after the first Monday of Novemher, eighteen hundred and eighty-live, and once in every six years thereafter, a justice to hold the court therein. Such justice shall enter upon the performance of his duties on the first day of January succeeding his election, and his term of office shall be for six years. Vacancies occurring in the office of justfce shall he filled at the then next ensuing elec- tion in the city, for the unexpired term, commencing on the first day of January next after said election. On the occur- rence of a vacancy, the governor shall appoint a suitable person to hold until the first day of January succeeding such election. § 1282. The justices must be residents of the city, and must be at the time of their election or appointment of the degree of counsellors at law of the supreme court of this State. £ 12S3. The justices shall each receive for their services as such justices the sum of six thousand dollars per annum, which sum shall be paid by the proper officers of said city in equal monthly installments. 1284. District courts and justices have such jurisdiction in civil actions and special proceedings as is specially conferred upon them by statute, and no other. § 1285. Except as otherwise prescribed in the next section, such courts have jurisdiction of the following civil actions : 1. An action to recover damages upon or for breach of a contract, expressed or implied, other than a promise to marry, ■where the sum claimed does not exceed two hundred and fifty dollars. 2. An action to recover damages for a personal injury, or an injury to property, where the sum claimed does not exceed two hundred and fifty dollars. 3. An action upon a bond conditioned for the payment of money, where the sum claimed to be due does not exceed two hundred and fifty dollars ; the judgment to be rendered for the sum actually due. Where the sum secured by the bond is to be paid in installments, an action may be brought for each install- ment, as it becomes due. 4. An action upon a surety bond, taken, by any justice of the peace. JURISDICTION OF DISTRICT COl' UTS. 4f,;; .\ An action upon a judgment rendered m a court of a justice of the peace, or in a district court of the city of New York, or in a justice's court of a city, being a court not of record. 6. An action to tecover one or more chattels, with or without damages for the taking, withholding, or detention thereof, where the value of the chattel, or of all the chattels, as stated in the affidavit made on the part of the plaintiff, does not exceed two hundred and fifty dollars. 7. An action to recover a penalty, given by the charter of the Pro ° city, or any by-law or ordinance of the common council of the city, or to recover a penalty given by a statute of the State; where all the penalties, to recover which the action is brought, do not exceed two hundred and fifty dollars.* 8. An action in behalf of the people of the State, brought by the direction of the commissioners of public charities and correction, or of an overseer of the poor, upon a bastardy or abandonment bond, in a case where it is prescribed by a special statutory provision that such an action can be maintained in a district court. 9. An action upon the bond of a marshal of the city, in a cemphwt^'' case where a justice of the court of common pleas orders it to be brought therein. 10. An action to foreclose a lien upon a chattel, for a sum of pSaP' 1Y '"" money, in any case where such a lien exists at. the commence- ment of the action, where the amount of the lien does not exceed the sum of two hundred and fifty dollars. 11. An action to recover any penalty given by chapter five 197!, c,i;,r4 - >" n hundred and thirty-four of the laws of eighteen hundred and seventy-nine, entitled ' ; an act for the preservation of moose, wild deer, birds, fish, and other game,"' or by any amendment thereof, where the offense was committed in said city or in an adjoining county, and the amount claimed does not exceed two hundred and fifty dollars. l-u.chfoji. 12. An action upon a surety bond taken in said court. r?^%*i'o V ' 13. The jurisdiction of these courts extends to actions against a domestic corporation, or against a foreign corporation having an office in the city, where the sum claimed or the value of the chattel, or of all the chattels, as stated in the complaint, does not exceed two hundred and fifty dollars. Neither of those courts has jurisdiction of any civil action, except as prescribed in this title. § 12S6. Such courts cannot take cognizance of a civil action iv - Proc - in either of the following cases: No jurisdiction . . in certain cases. 1. \\ here the title to real property. conies in question, as pre- scribed in title third of chnpter nineteen of the code of civil pro- cedure. .JURISDICTION" OK DISTRICT COURTS. L\ Where the action is to recover damages for an av-au!t, Itattery, false imprisonment, libel, slander, criminal coawwtB fcion, seduction, or malicious prosecution. 8. Where the action is brought against an executor or ad- ministrator, as such. c&mftwf. 12 ' 4 - Where the action is brought by any seaman or mariner, Certain actions. r other person belonging to any ship or vessel against the 1 K. I). S. 318. 1818, cb.«, |i08, owner or owners, master or commander of any such ship or omp. i»». vessel, for or by reason of the non-performance or breach of any agreement or contract made by such seaman or mariner, or other person, with the said owner or owners, master or com- mander, for services, or compensation for service, on board of any ship or vessel, during any voyage performed, or in part performed, by such ship or vessel. couip. iaso.' 4 ' 5. Where the action is against the mayor, aldermen, and commonalty of the city of New York. s^io. $5 128Y. In an action, specified in subdivisions one to seven, inclusive, and subdivision ten of the last section but one, where the damages claimed, or the value of the chattel, or of all the chattels claimed, as stated in the complaint, exceeds one hun- dred dollars, the defendant may, after issue is joined, and before Sd'Ls an adjournment has been granted upon his application, apply to totocommon t)l0 j ustk . e of the court in w hi c h t he action is brought for an order removing the action into the court of common pleas. Such an order must be granted upon the defendant's filing with the clerk an undertaking, in a sum fixed by the justice, not ex- ceeding twice the amount of the damages claimed, or twice the value of the chattel, or of all the chattels claimed, as stated in the complaint, with one or more sureties, to the effect that the defendant will pay to the plaintiff the amount of any judgment that may be recovered against him in the court of common pleas in the action so removed. From the time of the granting of the order, the court of common pleas has cognizance of the action; and the clerk of the district court must forthwith de- liver to the clerk of the court of common pleas all process, pleadings, and other papers in the action, and certified copies of all minutes, entries, and orders relating thereto, which must be filed, entered, or recorded, as the case requires, in the latter's office. s^'com^TsBs. § 1288. Said courts shall continue to exercise the jurisdiction and powers vested in them by law on September first, eighteen hundred and seventy-seven, according to the course and practice of the court, except as otherwise prescribed by the code of civil procedure, or acts passed subsequent to said act. as^amendid §4- § 1289. An action or proceeding of which the.se courts have d^msm".* 28 ' jurisdiction must be brought: w distimi t coikts to hk held. 1. In a omit hold in a district in which cither the plaintiff or ht w to defendant, OP ono of the plaint ill's or one of the defendants re- >/^vm> . 4i«; sidos, unless all the plaintiffs or all the defendants reside out of the city of New York, in w hich case the action or jnoceeding may he brought in either of the said districts. If the justice he either a party to the action or proceeding, or a necessary witness therein, or otherwise disqualified from trying the same, or there he a vacancy in the office of justice in that district, it may be commenced in any district except the one in which said justice holds the ci nut . 2. If the defendants lie a corporation created by law, in a court held in the district in which the plaintiff, or either of them, re- sides, or in which it transacts its general business, or keeps an office, or has an agency established for the transaction of busi- ness, or is established by law, except the corporation of the city of New York, which, except as in the next section provided, may sue in either of said district-. 3. By plaintiffs not residing in the city and county of New ^ r ^ a ' li " n York, in the district in which the defendant, or one of the de- gnJSy'aai fondants resides, and against a defendant or defendants not re- siding in said city and county, in the district in which the plain- tiff, or one of the plaintiffs resides; but where all the parties re- side out of said city and county, the action may be brought in ^p'^* 88 any district. No person who shall have a place of business in the city shall be deemed a non-resident under the provisions of this title. £ 1290. All actions brought or commemenced by or on behalf comp. h i353'.* 1- of the mayor, aldermen, and commonalty to recover a penalty Actions for , ' . ■* penalties. or fine for a violation of any corporation ordinance, where the amount of such penalty or tine shall not exceed the sum of two hundred and fifty dollars, must be brought in a district court, held in a judicial district in which the violation of such corpora- tion ordinance happened or occurred, and the justice of the same judicial district may direct any of the city marshals to collect the payment and make return in the same manner as now pro- vided by law. §1291. Those courts must be held at the places in their re- c5mp h i3^' s '' spective districts now or hereafter appointed by the common Comp. llE' **' council, and provided in accordance with law. But, in the first a ndwhere b heli district the courts shall bo held therein, or may be held in such ]! <7r cb ,, 5 '- s ' Conip. Illy. rooms as may be provided therefor by said corporation, in the park of said city. The court in the third judicial district shall be held on the secoud floor of the building known as the court- house in the third judicial district. The court in the eighth dis- trict shall be hold at such suitable place within said district as i*».cIi.sm.i8. the comptroller shall procure or cause to be procured, and a* tea WIIKKK OJSTKK 1 < Ol. KTS TO BE HELD. shall be provided in accordance with law. Said courts shall be held at such hours in every judicial day, or as often as the re- spective justices may direct, and must continue in mmon as long as the public interest requires. (VN.p'Vt:!; 1 10 § 1292. The justice elected in each district mast hold the court Justic^" " of therein, or if his office be vacant, or if he be absent from the i k"i>. k usual place of holding his court, or unable from illness to hold the same, it may be held by a justice elected in another district, and whenever the justice fails to attend, the clerk may adjourn couip. h i33i' * 43, in the same manner as the justice might have done. K at any inmstermi! time before tin- trial has actually commenced, it shall appear to the Satisfaction of the justice that he is a necessary witness on the trial of the cause, or is disqualified to try the same, he shall, by an Older entered in the cause, order the papers in the same to be transferred to a district court for an adjoining dis- trict, and the latter court shall then have jurisdiction to hear and try tin- same c«£p b i3& * * § 1293.. These courts haw official seals furnished at the ex- pense of the city, on which are engraved the arms of the State <>f New Fork, and the words li first district court : ' (or whatever district it may be), " New York city;" but nothing herein con- tained shall authorize such courts to issue certificates of nat- 3 uralization. Actionscon § 1294. Parties in these courts may prosecute or defend in partes, agefita person, or by agent or attorney, except that the marshal who ur m om.-j s. served the summons, order of arrest, warrant of attachment, or jury process cannot appear and act on the trial in behalf of either party. AppoLtu.ent § 1295 - ^ h< n a guardian is necessary he must be appointed «. Vardim.. j . the -j uistioo as follows: 3 E. D. S. 5CT. * J . .... L, If the infant be plaintiff, the appointment must be made before the summons is issued, upon the application of the in- fant, if he be of the age of fourteen years or upwards; if under that age, upon the application of some relative or friend. The consent, in writing, of the guardian to be appointed, and to be responsible for costs if he fail in the action, must lie first filed with the clerk of the court. 2. If the infant be defendant, the guardian must be ap- pointed at the time the summons is returned personally served, or before the pleadings. It is the light of the infant to nomi- nate his own guardian, if the infant be over fourteen years of age, and the proposed guardian be present, and consent in wri- ting to be appointed, otherwise the justice may appoint any suitable person who gives such consent, gam/' Prt summons. must summon him to appear before the justice in the court at iwr, oh. «< the court room thereof, ami al the time specified theroin, to an- ip, c i>. mo, $1, swer the complaint of the plaintiff, and must state the amount form of man IUOIIS for which the plaintiff will make judgment, if the defendant fail to appear and answer; it must ho subscribed by the clerk of the court out of which the same issued, or by his deputy in the name of such clerk, excepting that in actions brought by the corporation attorney of the city as such attorney the summons may be issued by him in his own name as such attorney, and in such actions 7\e shall not.be required to pay to the clerk of the court the fees in the action, but shall account therefor to the city treasury. § 1298. The time mentioned in the summons for the appear- j^'Mwnded ance of the defendant and the time of service must be as fol- ■»»•»•■»• lows: 1. When the defendants or either of several defendants is Returnoi summon*. not a resident of the City, the simu nous shall be returnable in not less than two m»r more than four days from its date. Such summons shall be served at least two days before the day for appearance mentioned therein. When the plaintiff or either of several plaintiffs is not a resident of the city, the summons may be returnable as above provided, and if so returnable, it shall be governed by the above rule of service. 9. In all other cases it must be returnable not more than twelve days from its date, and, except in the cases provided for in section thirteen hundred and seven of this act, must be served at least six days before the time of appearance. § 12!»(». When* the plaintiff does not reside in the city, and 18W » <*-*«i*». 1 . * » ' as amended has no place of business or of stated employment therein, or co^^sH;* 81 ' when the above is true of all the plaintiffs, before the issuing when under of the short summons as provided in the last section, there shall aSS 8 * be filed with the clerk of the court a written undertaking, execu- ted by one or more sureties, to the effect that if the defendant recover judgment such surety or sureties will pay all costs that may be awarded to defendant, not exceeding one hundred dol- lars ; if the defendant shall recover judgment in such case and the execution t hereon be returned unsatisfied, in whole or in part, the clerk shall deliver to the defendant such undertaking to be prosecuted according to law. § 1300. The summons must be served as follows : cn.3w.sn. . Conip. 1333. 1. If an action be against a corporation, by delivery of a copy summons, how to the president or other head of the corporation, or to the secre- tary, cashier, or managing agent thereof, or when no such of- ficer resides in the city, to a director resident therein. served. SERVICE OF SUMMONS. 2. If against a minor under the age of fourteen years by de livery of a copy to such minor, and also to Ids father, mother, or guardian, or if they he not within the city, then to any per- son having the care or control of such minor, <>r with whom he resides, or in whose .service he is. 3. If against a person judicially declared to be of unsound mind, or incapable of conducting his own affairs, inconsequence of habitual drunkenness, or for any other cause, and for whom a committee has been appointed, by delivery of a copy to such committee, and to the defendant personally. 4. In all other cases to the defendant personally, except as in tin's title otherwise specially provided. co^civ. ivoc g 1301 The summons, and, in a proper case, a copy of the complaint, or a precept in .summary proceedings, may be served by any person not a party to the action ; except that a person, other than a marshal, serving the same, must be fust empow- ered to do mi, either by the justice or in actions brought by the attorney t<> t lie corporation, on behalf of the city, by said attor- oMvn D im roof n ey, as now pi escribed bylaw. Proof of service thereof, by such a person, must be made by his affidavit ; which must state the particular place, time, and manner of service, and that the affiant knew the person so served to be the person mentioned and described in the summons as defendant therein. S^cfeukfli! § 1302. Every warrant of attachment or other process is - s°"cVnv. sued by or out of any said district courts, or by any justice or iwes«.*Iy clerk thereof shall, except as hereinbefore provided, be served iSFtZTt, and executed by a marshal of said citv. 1867, cta.8i4, • •> Comp.1888. ^ 1303. The summons, orders of arrest, and attachments is- onitrs.jt unvst sued out of these courts shall not be served out of the city and ments. county of New York. The action shall be deemed commenced See 18C6, cli.ij**. " . at the tune the summons is actually delivered for service. If the marshal or other person having the summons to serve can- not find the defendant* so as to serve him therewith as required by this title, he must so return, and the clerk shall, at the re- quest of the plaintiff, continue from time to time to issue others, until the defendant is served. &%$wt m ' § 1304. An order to arrest the defendant must or may be ^•jV lv Vrnc granted, directed to any marshal of said city, in the following Order of ficnc arret. i • n « now defendant the jail hy virtue of the order of arrest, until final judgment in to remain in the action ; and if the judgment is against the defendant, until the return of an execution against property, issued thereupon. But the court must direct him to be brought into court, at the time of the trial ; and it may, in its discretion, direct him to be brought into court at any other time. In either case he must be taken from the jail, and brought into court accord- ingly. 472 ATTACHMENTS IX 0ISTKKT COURTS. (tonro?iwfe ,W ' ^ lolo. The marshal making the arrest, or another marshal, Duty of hy direction of the justice, must keep the defendant in custody, unless he shall give the security for his appearance, or until he is duly discharged hy order of court ; hut in no case can such detention exceed forty-eight hours from the time of his first be- ing brought before the justice, unless within that time the trial of the action be commenced, or unless it he delayed at the n quest of the defendant*, or in consequence of his demand of a jury trial. If the trial of the action he delayed at the request of the defendant, or in consequence of his demanding a trial by jury, he must, unless he has given hail or made a deposit, file with the court the undertaking required by section thirteen hun- dred and sixty-tlure of this act, before such delay is granted to him. fvoiv. itoc. § i3io. A warrant of attachment against the property of one warrm.u^VaT or morc defendants must be granted, upon the application of the bemuto " m> plaintiff, as hereinafter prescribed, where the action is brought upon a judgment, or to recover for one or more of the following causes : 1 . Breach of a contract, express or implied. 2. Wrongful conversion of personal property. 3. Any other injury to personal property, in consequence of negligence, fraud, or other misconduct. »»• § 1317. To entitle the plaintiff to such a warrant, he must (shown to pro- show, by affidavit, to the satisfaction of the justice as follows : 1. That a suflicient cause of action exists against the defend- ant, to recover damages for j3ne or more of the causes specified in the last section. If the action is upon a judgment, or to re- cover for breach of a contract, the affidavit must show that the plaintiff is entitled to recover a sum stated therein, over and above all counterclaims known to him. 2. That the defendant is either a foreign corporation, or not a resident of the State; or, if the defendant is a natural person, and a resident of the State, that he has departed, or is about to depart, from the county where he last resided, with inteni to de- fraud his creditors, or to. avoid the service of a summons, or keeps himself concealed, with the like intent; or if the defendant is a natural person, or a domestic corporation, that he or it has removed, or is about to remove, property from the county where the defendant, being a natural person, last resided, or, being a corporation, last kept its principal office, or from the county in which the action is brought, with intent to defraud his or its creditors, or has assigned, disposed of, or secreted, or is about to assign, dispose of, or secrete, property, with the like intent; or that the defendant, being a natural person of full age, and a resi- dent of the State, has been continuously without the United cure a warrant VTTACHMKNTS IN DI.sTKRT 001 RTS. 17: States for the -pace of tax mouths or more, immediately before the application, and cither that he has not made a designation of a person, upon whom to serve a summons in his behalf, as proscribed in section four hundred and thirty of the Code of Civil Procedure, or that service upon the person SO designated cannot he made, with due diligence, in the county where Die person making the designation resides. The affidavit must 1m? tiled with the justice, when the warrant is granted. ^ 1818. The warrant must he granted by the justice at the Og^ciT. r*oo. time when the summons is issued, and must be issued by the poe^Jjuhi clerk; and it must he indorsed thereupon, or annexed thereto, wm-ram. r-.m. ' 1 ' t an. I content-) It must be subscribed by the justice, and must briefly recite the ground of the attachment. It must require the marshal, to whom the -8111111110113 is delivered to attach, on or before a day specified therein, which must be at least six days before the re- turn day of the summons, and safely to keep, as much of the defendant's goods and chattels, within his county, as will satisfy the plaintiff's demand, with the costs and expenses, and to make return of his proceedings thereon to the justice, at the time when the summons is returnable. The amount of the plaintiff's de- mand must be specified in a warrant, as stated in the affidavit. j> 1819. Before granting the warrant, the justice must require id. s*o6. a written undertaking to the defendant, on the part of the plain- 1 udertnk: ">-' tiff, with one or more sureties, approved by the justice, to the effect that, if the defendant recovers judgment, or the warrant of attachment is vacated, the plaintiff will pay all costs which may be awarded to the defendant, and all damages which he may sustain by reason of the attachment, not exceeding the sum specified in the undertaking, which must be at least twice the amount of the plaintiff's demand, as stated in the warrant; and that if the plaintiff recovers judgment, he will pay to the de- Co. civ. Proe. fendant all money received by him from property taken by 5 virtue of the warrant of attachment, or upon any bond given therefor, over and above the amount of the judgment and inter- est thereupon. § 1320. The marshal to whom the warrant of attachment is Co. civ. proo. delivered, must execute it at least six days before the return day warrant, i. . .. of the summons, by levying upon and taking into his custody so much of the goods and chattels of the defendant, not exempt from levy and sale by virtue of an execution, including money and bank-notes, which he finds within his comity, as will satisfy the plaintiff's demand, with the costs and expenses. He must safely keep the property attached, to be disposed of as prescribed in this title, and must immediately make an inventory thereof, stating therein the estimated value of each item or article. executed. 17-1 A TTACII.MK.VJ S IN OISTKKT COUKTtt. td, s»io. Service of nun- moiiK nnd vrar- rant imon defendant Undertaking i>v defendant ; re- delivery to him id. 12911 Claim by tliird person; bond and delivery thereupon. Id. §2913. Action upon bond § 1321. The marshal must, immediately after making tin- inventory, and at least six days before the return day of the summons, serve the summons, together with tho warrant of attachment and inventory, upon the defendant, by delivering to him personally a copy. of each, if he can, with reasonable diligence, be found within the county ; or, if he cannot be so found, by leaving a copy of each, certified by the constable, at the lasl place of residence of the defendant in the county, with a person of suitable age and discretion ; or, if such a person cannot be found there, by posting il on the outer door, and also deposit- ing another copy in the nearest post-office, inclosed in a sealed post-paid wrapper, directed to the defendant at his residence ; or, if the defendant has no place of residence in the county, by delivering it to the person in whose possession the property attached is found. § 1322. The defendant, or his attorney or agent in his behalf, may, at any time before judgment is rendered in the action, execute and deliver to the marshal an undertaking, to the plaintiff in a sum specified therein, at least twice the value of the property attached, as stated in the inventory, with one or more sureties, approved by the marshal or by the justice who issued the warrant ; and to the effect, that if judgment is rendered .against the defendant and an execution is issued thereupon, within six months after the giving of the undertak- ing, the property attached shall be produced to satisfy the execu- tion. Thereupon the marshal! must deliver the property to the defendant. § 1323. If a person, not a party to the action, claims any property attached, which is not reclaimed by the defendant, as prescribed in the last section, he may, at any time after the seizure and before execution is issued upon a judgment rendered in the action, execute and file with the clerk a bond to the plaintiff, with one or more sureties, approved by the marshal or by the justice, in a penalty at least twice the value of the property claimed, and conditioned that, in an action upon the bond to be commenced within three months thereafter, the claimant will establish that he was the general owner of the property claimed at the time of the seizure ; or, if he fails so to do, that he will pay to the plaintiff the value thereof, with interest. The marshal must thereupon deliver the property claimed to the claimant. § 1324. A judgment for the plaintiff, in an action upon a bond, given as prescribed in the last section, must award to him the value of the property seized and delivered to the claimant, with interest thereupon from the time of the delivery. If the amount so recovered exceeds the amount which the ATTACHMENTS IN DISTUKT COl/KTS. 17.-. plaintiff recovers in fche action in which the warrant of attach- ment was issued, he is liable to Hie defendant in that action for the excess. § 1325. It' the warrant of attachment is vacated or annulled, the Vror defendant may maintain an action, upon the hond specified in wi..n .lefmd- v 71 * nn t nmy pros** the last two-sections, in lus own name, in the same manner and ' »f »">'■• f with the like effect as the plaintiff might have done if the war- rant had remained in full force. ' 1320. The marshal executing the warrant of attachment 1,1 ; 1 ... ill Hotum or war must, at the time when and place where it is returnable, make nu>< a return thereto, under his hand, stating all his proceedings thereupon. He must deliver to the clerk, with the return, each hond or undertaking delivered to him, pursuant to any of the foregoing provisions of this article, and a certified copy of the inventory of the property attached. The return must state the manner in which the warrant and inventory were served, and, if they were served otherwise than by delivering a copy thereof to the defendant personally, the reason therefor, arffl the name of the person to whom the copy was delivered, unless his name is unknown to the marshal ; in which case the return must describe him so as to identify him, as nearly as may be. § 1327. A defendant, whose property has been attached, mav, 1,1 . , ' 11 ' , . . .. / Motion to vh upon the return of the summons, applv to the -justice who cateormodirj , - i , » warrant, etc. granted the warrant of attachment to vacate or modify it, or to increase the plaintiff's security. Such an application may be founded upon the papers upon which the warrant was granted ; or upon proof, by affidavit, on the part of the defendant, or upon both. If it is founded upon proof on the part of the defendant, it may be opposed by new proof, by affidavit, upon the part of the plaintiff, tending to sustain any ground for the attachment, recited in the warrant, but no other. The justice may, upon the return of the summons, or at any other time to which the action is adjourned, vacate the warrant of attachment upon his own motion, if he deems the papers upon which it was granted insufficient to authorize it. § 132S. Vacating the warrant of attachment does not affect the u ° trfect of va 'fti jurisdiction of the justice to hear and determine the action, where ,n < w <"-n">t. the defendant has appeared generally in the action ; or where the summons was served personally upon him ; or where judgment may be taken against him, as being indebted jointly with another defendant, who has been thus summoned or has thus appeared. In every other case the justice who vacates a warrant of attachment against the property of a defendant must dismiss the action as to him. K O P. 5 I7«'. ATTACH MKNTS IN DISTRICT COl lCTs "J** 8 ; 8 1329. Where the defendant lias not appeared, and the *otp,! < r "!",',' 1 '|'i'" H summons has not been personally served upon him. and property , , w 1 of the defendant lias been duly attached by virtue of a warrant, which has not been vacated, the justice must proceed to hear and determine the act ion : hut in an act ion subsequently brought, the judgment is onfy presumptive evidence of indebtedness, and the defendant is not barred from any counter- claim against the plaintiff. The execution, issued upon a judgment so rendered; must require the marshal to satisfy it out of the property so attached, without containing a direction to satisfy it out of am other property. r.i:V' h " " § 1330. In an action to foreclose a lien upon a chattel, if the plaintiff is not in possession of the chattel, a warrant, command- ing the proper officer to seize the chattel, and safely keep it to abide the judgment, may be issued, in like manner as a warrant <>f attachment may be issued in an action founded upon a con- tnirt; and the provisions of law applicable to a warrant of attachment issued out of the court, apply to a warrant issued as prescribed in this section, and to the proceedings to procure it,and after it has been issued; except as otherwise specified in the judgment. A judgment in favor of the plaintiff, in such an action, must correspond to a judgment rendered as prescribed in section seventeen hundred and thirty-nine of the code of civil procedure, except that it must direct the sale of the chattel by an officer to whom an execution, issued out of the court, may be directed ; and the payment of the surplus, if its safe keep- ing is necessary, to the county treasurer, for the benefit of the owner. §sm9. § 1331. ^iii action to recover a chattel, with or without fora"huttH damages for the wrongful taking, withholding, or detention brought thereof, can be brought before a district court, in a case and subject to the qualifications specified in sections sixteen hun- dred and eighty-nine, sixteen hundred and ninety, sixteen hun- dred and ninety-one, and sixteen hundred and ninety-two, and subdivision seventh of section twenty-eight hundred and sixty- two of the code of civil procedure. ™ ?*!!» § 1332. The plaintiff may, at the time when the summons is Plaintiff mav ° * - ' uTffldavitand lssue "i uu ^ n °t afterwards, require the chattel to be replevied as undertaking prescribed in sections thirteen hundred and thirty-three to thir- teen hundred and forty-five, inclusive. For that purpose, he must deliver to the justice an affidavit and an undertaking, similar in all respects to the affidavit and undertaking required to be delivered to a sheriff, as prescribed in sections sixteen hun- dred and ninety-five, sixteen hundred and ninety-seven, sixteen hundred and ninety-nine, and seventeen hundred and twelve of REPLEVIN IN DWIKICT COURTS. 177 the code of civil procedure; except thai the sureties in the under- taking must he approved by the justice. § 1333. Upon receiving the affidavit and undertaking, tie- justice must indorse upon or attach to tin- affidavit a written re- quisition, subscribed by him, requiring the marshal to whom the summons is delivered, to replevy the property described in tho affidavit, on or before a day specified in the requisition, which must, except in the case of a non-resident defendant, !>«• at least six days before the return day of the summons. The affidavit and requisition must be delivered to the marshal with the summons. £ 1334. The marshal must execute the requisition, as a sheriff m. ftao., is required to execute a requisition, in an action brought to re- caver a chattel, as prescribed in sections seventeen hundred. S&venteen hundred and one, and seventeen hundred and two of the code of civil procedure; except that he must, save in the case of a non-resident defendant, serve the summons, affidavit, and requisition within the time and in the manner prescribed by i', 1 ,,;.,'!" section thirteen hundred and twenty-one of this act for the ser- service of sum " mons, etc. vice of a summons, warrant of attachment, and inventory. § 1335. The marshal must, on or before the return day of the Id summons, make a retain to the requisition, under his hand, marshal, stating all his proceedings thereupon; and file it, with the affi- davit and requisition, with the clerk. The return must stab the manner in which the summons, affidavit, and requisition were served; and, if they were served otherwise than by deliver- ing the requisite copies to the defendant personally, the reason therefor, and the name of the person to whom the copies were delivered, unless his name is unknown to the marshal; in which case, the return must describe him so as to identify him, as nearly as may be. § 1336. At any time after the chattel has been replevied, ex- ppoa cept in tho case of a non-resident defendant, and at least two Defendant maj days before the return day of the summons, the defendant, un- ties; proceed - " _ ings thereon. less he requires a return of the chattel, may serve upon the plaintiff, or upon the marshal, a written notice that he except^ to the plaintiffs sureties; otherwise he is deemed to have waived nil objections to them. If such a notice is served, the sureties must- justify upon the return of the summons; or the plaintiff must then give new undertaking to the same effect as the original undertaking, with other sureties, who must then ap- pear and justify before the justice. § 1337. At any time before the return day of the summons, J' 1 , v _ _ ■_ " 7 i - itju,. Defendant ma v the defendant mav. if he does not except to the plaintiffs reclaim chattel; * A * proceeding sureties, serve upon the clerk a notice that he requires the re- "hereon, turn of the chattel replevied. With the notice he must deliver f7s REPLEVIN IN' DISTRICT COl'RTS. Id. *2'J20. Justification of Hiirutk's. ?81fl. Id. gjy27. When nml to whom marshal must deliver chattel. Id. §292$. Penalty for wronR delivery bv marshal. Co. Civ. Proc. Id. §3929. Claim of title by third person. to the clerk an affidavit and an undertaking, similar, in all re spects, to those required to he given by a defendant upon re quiring a return of a chatted, as prescribed in sections seventeen hundred and four and seventeen hundred and twelve of the code of civil procedure, omitting the provision in the undertaking, " or if the action ahates in consequence of the defendant's death." The sureties in the undertaking must justify before the justice upon the return of the summons. If the plaintiff has stated separately in his atlidavit the value of one or more chattels or classes of chattels, as prescribed in section sixteen hundred and ninety-seven of the code of civil procedure, the defendant may require a delivery of part of the property replevied, as prescrihed in that section. 1338. Except as otherwise expressly prescrihed in this title, the examination and Qualifications of the sureties, and the allowance of the undertaking, upon a justification pursuant to either of the last two sections, must be the same as upon a jus- tification of hail, as prescrihed in sections five hundred and seventy-nine, five hundred and eighty, and Jive hundred and eighty-one of the code of civil procedure, substituting the justice for the judge; but after BQCfa allowance, the undertaking inu-i he filed with the clerk. The marshal is thereupon exonerated from liability. £ 1330. If the defendant neither excepts to the plaintiff's sureties nor requires the return of the chattel, within the time prescribed for that purpose; or if he fails to procure the allow ance of his undertaking; or if the plaintiff, after the defendant has excepted to his sureties, duly procures the allowance of hi* undertaking, thy marshal must, except in the case specified in the next section but one, immediately deliver the chattel to the plaintiff. If the'plaintiff, after the defendant has excepted to his sureties, fails to procure the allowance of his undertaking; or if the defendant, after he has required the return of the chat- tel, procures the allowance of his undertaking, the constable must immediately deliver the chattel to the defendant. 13-10. The marshal [who delivers to either party, without the consent of the other, a chattel replevied by him, except as prescribed in the last section, or X>y virtue of an execution issued upon a judgment in the action, forfeits to the party aggrieved the sum of one hundred dollars, and is also liable to him for all damages which he sustains thereby. § 1341. The provisions regulating the proceedings, where a person, not a party, claims property which has been replevied, and the rights of such a person, and of the sheriff, as prescribed in sections seventeen hundred and nine, seventeen hundred and ten, seventeen hundred and eleven, and seventeen hundred and REPLEVIN IN DISTRICT COURTS. 17'.' twelve of the Code of Civil Procedure, apply to a like ease in an action, brought as prescribed in this title, substituting the mar shal for the sheriff; except that service of ;i notice and a copy of the claimant's affidavit, upon the plaintiff's attorney, as pre- scribed in section seventeen hundred and nine of said act, must he made either upon the plaintiff personally, or upon the attorney who appears for him before the justice; and that the sum specified in the undertaking, given by the plaintiff to the marshal, need not exceed, in any case, three hundred dollars. 1842. Where a chattel has been replevied, and the defendant ra.f»w. has not required tin 1 return thereof, pending the action, as pre- 'i''.'! u'i"^ scribed in the foregoing sections, he may, in his answer, demand "' r ' judgment for the return thereof, either with or without damages for the taking, withholding, or detention. § 1343. Section thirteen hundred and Beventy-three, section ia. laasi. seventeen hundred and thirty-one. excluding subdivision first JI[e actiouf s thereof, and sections seventeen hundred and twenty-two, seven- "^kin" u " teen hundred and twenty-six, seventeen hundred and thirty, soventeen hundred and thirty-two, seventeen hundred and thirty - three, seventeen hundred and thirty- four, and seventeen bun died and thirty-five of the Code of Civil Procedure, substituting the marshal for the sheriff, apply to the proceedings "in an action in a district court to recover a chattel, .md to an action against the sureties in an undertaking given therein, except as other- wise specially prescribed in this title. § 1344. Where the defendant does not appear, and the sum- w - mons has not been personallv served upon him, and a chattel, when summon., . not persopnllv or part of a chattel, to recover which the action is brought, has served, been replevied, and the proceedings thereupon have been duly taken, as prescribed in this title, the justice must proceed to hear and determine the action, with respect to that chattel, or part of a chattel; or, if the action is brought to recover two or more chattels, with respect to those which have been replevied, in like manner and with like effect, as if the summons had been person- ally served. £ 1345. - Whore the summons has been personally served upon ^e^,^,, the defendant, or where he appears, the justice must proceed to ?auuret : o tod by hear and determine the action, although the plaintiff has not re- ri> r |nvv quired the chattel to be replevied, or the marshal has not been able to replevy it. § 1346. The pleading must take place at the time the sum- Co (jv ,. roc mons is returned served, or at such other time as the justice may . ., , /. ii When plaintiff direct. In an action brought to recover upon or for the breach ™^»^eco™ of a contract, express or implied, the plaintiff may serve summons; pro- it i ^ ceemngs upon the defendant, with the summons, and in like manner, a thereupon. 180 ACTION ON BASTAItUY HON U.S. IS5r. ch.M4, JIH Comp. law. I8H0, ch. £46, |S, BUM. 13. 1862, ch. a*, |1 Camp. 1351. Additional jurisdiction conferred. Co. civ. Proa 1852. Upon the delivery of the undertaking to the justice, the action before him is discontinued, and each party must pay his own costs. The costs so paid by either party must be allowed to him, if ho recovers costs in the new action, to be brought as pre- scribed in the two last sections. If the plaintiff fails to deposit with the justice a summons and complaint in the new action, before the expiration of twenty days after the delivery of the undertaking, the defendant may jnaintain an action against the plaintiff to recover his costs before the justice. §1353. If the undertaking is not delivered to the justice, he ^^ lv lVoc has jurisdiction of the action, and must proceed threin; and the ,^forejSsti"e defendant id precluded, in his defense, from dra wing the title in ttouw^ 011 question. §1354. If, however, it appears upon the trial, from the IJ ^ MM - i • i • ,i , ., ■ .... Kffectof fniltir* planum s own showing, that the title to real property is in tojjjyeunder- question, and the title is disputed by the defendant, the justice must dismiss the complaint, with costs, and render judgment against the plaintiff accordingly. § 1355. In the new action, to be brought after an action before id. ^wr. a justice is discontinued, by the delivery of an answer and an colnesin te undertaking, as prescribed in the last six sections, the plaintiff: pK'urs own must complain for the same cause of action only upon which ho s owms ' relied before the justice, and the defendant's answer must set up t he same defense only which he made before the justice. If the id. $4957. action is to recover a chattel which was replevined in the justice's J^S" court, each undertaking, given in the justice's court, continues befonjuatiloe, to be valid in. and is applicable to, the new action. caMe* ppU § 1356. Where in an action before a justice, the plaintiff has id. §2958. two or more causes of action, and the defense, that the title to m to one of 8 real property will come in question is interposed, as to one or of V a e ction au!>os more, but not as to all of them, the defendant ma^y deliver an answer and undertaking as prescribed in sections thirteen hun- dred and forty-nine and thirteen hundred and fifty of this act, with respect to the cause or causes of action only, in which title will so come in question. AYTiereupon the justice must discon- tinue the action as to those causes of action only; the plaintiff may commence anew action therefor in the proper court: and the original action must proceed as to the other causes. § 1357. Application for the removal of a person from real w .$3aw. property as prescribed in title two of chapter seventeen of the 1-82 PROCEEDINGS To DISPOSSESS TENANT. 1808, eh.4M.fl4, as amended 1 H7i*. eh. i<«, ('hiii)i l.'J.VJ See 1880, ch.245, 19, subd. 9. Process. In summary' pro- ceedliiKS, by whom to be served. Co. Civ. Proo. IlispOKS'-SS 1 >l ' . oeealnffs; btb- cept where re- turnable, etc. Id. -{2844. Answer Proo Co. Civ Cause may be transferred to another district court for trial. 1857, ch.SH.S21, Conip. 133«. Id. §2o. Trials. 1 E. D. S. 18; 3 id. 59. code of ( i\ il procedure, may be made to the district court of the district within which the property, or a portion thereof, is situ- ated. Kvei v precept in summary proceedings to dispossess ten- ants shall he served and executed by a marshal of said city, ex- cept a-* provided in potion thirteen hundred and one of this act. ,, : loba. The petition must he filed with, and the precept mufti ho issued hy the clerk of the court; and the precept must be made retumahle before the court, at the place designated, pur suant to law, for the holding court; and all subsequent proceed- ings in the cause must lie had at that place, except as otherwise prescribed in the next section but one. If, upon the return of the precept or upon an adjourned day. the justice is unable, by reason of absence from the court room of sickness, to hear the cause, and it is not adjourned by the clerk in accordance with section twelve hundred and ninety-two of this act, or it is sh0WIl by affidavit that he is for any reason disqualified to sit in the cause, or is a necessary and material witness for either part y, a justice of any other district court of tin- city may act in his p*lace at tin- same court room. § 1359. -At tin- time when the precept returnable, without waiting as prescribed in an action in the district court, the per- son to whom it i- directed, or his landlord, or any person in possession or claiming possession of the premises, or a part thereof, may til*', with the judge or justice who issued the pre-, cept, a w ritten answer, verified in like manner as a verified an- swer in an action in the supreme court, denying generally the allegations, or specifically any material allegation of the petition. § 13G0. At the time of joining issue, the justice .sitting in the cause may, in his discretion, upon motion of either party, or, if no justice is present, the clerk may, by consent of both parties, make an order transferring the cause for trial, to a district court of an adjoining district, which thereupon has the same jurisdic- tion and power, at its own court-house, as if the pro]>erty was situated within its district. § 1361. The court may at the time of pleading, or at any other time before the trial, require the plaintiff or defendant to exhibit to the inspection of the adverse party, with liberty to copy the same, any writing or account declared on or set up in the way of offset or counter-claim, or if not so exhibited, may prohibit its afterwards being given in evidence. § 1362. The trial of the action may be adjourned by the court, or on the application of either party, for a period not exceeding eight days at any one adjournment, unless the defendant is un- der arrest, in which case it shall not be adjourned to exceed PROCEEDINGS TO DISPOSSESS TENANT. llcation Inr adjournment forty-eight hours, except hy consent of the defendant; and ad- journment for nioro than forty-eight hours in such cases, except on application of the defendant, or hy his consent, discharges the defendant from custody, hut the action may proceed, not- withstanding such discharge, and the defendant shall he suhject to arrest on the execution, in the same manner as if lie had not heen so discharged. The trial may he adjourned for a longer period hy consent, or where neither party ohjects to the same. § 1363. If the application for the adjournment of the trial he JIJSJ on the part of the defendant under a^ual arrest, before it can be granted he must execute an undertaking, with one or more suf- ficent sureties, to he approved by the justice, which approval must he indorsed on the undertaking, to the effect that he will appear on tin; adjourned day. and not depart until duly dis- charged according to law, or until after the trial and judgment, and that ho will surrender himself into custody if any execution be issued upon the judgment when obtained against him in <#ie action. § 1304. An adjournment may be had either at the joining of u -* 27 - issue, or at any subsequent time to which the cause may stand « t °^!?68. tS adjourned on application of either party, for a period longer than eight days, but not to exceed ninety days from the return of the summons, upon executing an undertaking in writing, with one or more sufficient sureties, to the effect that he will pay •to the plaintiff or defendant the damages, costs, and extra costs, in case judgment shall be rendered against him in the action, upon proof by the oath -of the party or otherwise, to the satis- faction of the justice, that such party cannot be ready for trial before the time to which he desires an adjournment, for the want of material evidence, describing it ; that the delay has not been made necessary by any act or neglect on his part since the action was commenced, and that he expects to procure the evidence at the time stated by him. All bonds taken upon the tm, cb,a?,fi|B adjournment of any Cause shall be good and valid against the obligor or obligors, although subsequent adjournments are had after the execution of such bond or obligation. £ 1305. The justice may impose upon the party applying for comp.'il"'.^' an adjournment such conditions as to him may seem reason- able. £ 1300. If tho plaintiff fail to appear at the return of the summons and make his complaint, the action must be dis- pear by piom- • r ' tier. missed. § 1307. Any justice may, upon motion made before him, open [^mms:* 1 *' and set aside any default made in any action tried before or by when default » J * may be opened. him, and may award such costs, not exceeding ten dollars, as a see is Abb. i. condition for opening such default against the party in default. 184 .iritOKS IN DISTRICT COUBTS, i«ur,ch. 311,530. Com p. 1337. 1880, ch. SI5, $3, subd. 13. ]-.,;.< h .111. $31. C'onditionnl testimonv. 1880. eh ! inibd. 13. «, {3. l«or,ch.3lt.p'J, Comp. im Subpoennv Co. Civ. Troc. Bill. "Oernp. 1354. List of trial jurors to bo selected. 1K57,ch 344,^33, Comp. 13-38. List of jurors. as in his discretion shall ho just and propel". He may, likewise, as a condition of opening SUCh default, order such party in de- fault to give an undertaking, with sufficient sureties, to the effect that such defendant will not sell, assign, or transfer any of his property with intent to hinder, delay, or defraud the plain- tiff in the Collection of Ins claim or demand, if he shall prevail on the trial of such action, and that lie or his sureties will pay the amount of any judgment recovered against such defendant in such action. § 13G8. Sections twentyaine hundred and eighty to twenty- nine hundred and eighty-seven, inclusive, of the code of civil procedure apply to these courts, hut the power and authority therein given is extended so as to authorize the issuing of com- missions to take the testimony of witnesses residing out of this State, except as in this title otherwise expressly provided. § 1.300. Whenever any action pending in either of said courts shall he commenced by the actual service of process, or when the defendant shall have appeared in the action, either party may have the testimony of any witness who is about to leave the city and county of New York, and will probably continue absent, when the testimony is required, taken conditionally, to be used on the trial of such action, in the same manner and with like ef- fect as provided by sections eight hundred and seventy-one to eight hundred and eighty-three, inclusive, of the code of civil procedure, which apply to those courts, except as in this title otherwise expressly provided. § 1370. Subpoenas requiring witnesses to appear and testify on the trial of an action, on the demand of either party, shall be issued out of these courts by the clerks thereof, in the same form and served in the same manner as subpoenas issued out of a court of record, but shall not be served out of the city and county of New York, or an adjoining county thereto, and for neglect or refusal to attend and testify as required by such subpoenas, such witnesses may be attached and punished in the manner provided by law for punishing similar neglect or refusal in courts of record; witnesses are entitled to twenty-five cents for each day's attendance on the trial of an action. §1371. A list of trial jurors for each of the district courts must be selected by the commissioner of jurors, and must con- sist of not loss than fifty, nor more than one hundred jurors. A person shall not be placed upon such a list who. does not reside in the district in which the court is held. The commissioner of jurors shall, on or before the first Monday of September in each and every year, furnish the clerk of each of these courts with a list of the names, residence, and occupation of the persons liable to do jury duty, and who are borne upon said list. The clerk of JLROHS IN DlsilMt T COl UTS. 4N'. tho court who shall receive such jury list, must writ.' on a slip of paper tho name of each of the persons so furnished, and place the same in a box, to be called the undrawn jury box. The Sfofj 1 * l ' ,vc judge of each district court must impose a fine of twenty-five R>mp.wM dollars upon each person duly drawn and notified to attend the court as a trial juror, who fails to attend as required by the no- tice. The clerk of the court must, within ten days thereafter, transmit to the commissioner of jurors a certificate showing that the fine has been so imposed, and stating how the notice to at - tend was served upon the delinquent, in order that the same proceedings may be had as in the case of a delinquent juror in a court of record. A judge or a clerk who violates this section forfeits one hundred and fifty dollars for each offense. § 1372. A trial by jury must be demanded at the time of C om P h im 5 ' U joining an issue of fact, and is waived if neither party then do- Truibyjwy. maud it; when demanded, the trial of the case may he adjourned ]l™y >nf!0t until a time fixed for the return of the jury. The clerk must publicly draw twelve persons from the undrawn jury box, and deliver the list thereof to a marshal,' or to a person deputed by the justice for that purpose, with a written or printed notice, directed to each person named in the list, requiring him to at- tend as directed as a juror, at a time specified therein, out of which number six of the persons attending shall be drawn to try the cause, provided that number appear. § 1373. But in all cases where both parties to any action shall [™\p\£?' SI ' assent thereto, or where any party shall have claimed and the whenjinyoi other shall assent thereto, the justice of said court shall order a 7, eh. tit, <»0, Com. 1888. Adjournment after return of Jury td. Hi. Competency of jurors. Id. $-12. Verdicts Id. SH, Swearinp jury, etc. Id. 5-45. When action may be dis- missed. j: i:)7C. The ballots containing the names of tlx- jurors sum moiled and not drawn, must be returned by the clerk to the undrawn jury box, to he drawn as in the fir-t instance. The ballots containing the names of the jurors who served, must he placed in a box to be called the drawn jury box, until all the other names have been drawn therefrom, and, as often as that happens, the whole number must be returned t<> the undrawn jury box, as in the first instance. § 1377. Before a party can be entitled to a jury, he must de- posit with the clerk at the time he demands a trial by jury, the sum of three dollars and the officer's fees for summoning the jury, from which the clerk must refund to the party the fees of all jurors who do not attend, which jurors' fees not refunded and the officer's fees must be included in the judgment, as part of the costs, in case the party calling the jury recover judg- ment. § 1378. No adjournment can be granted after the return of the jury unless the party requiring the same, in addition to the other conditions imposed upon him, deposit with the clerk to be immediately paid to the jurors attending, the sum of twenty- five cents each, which amount in no case is to be included its part of the costs in the judgment. § 1379. If either patty object to the competency of a juror, the question thereon must be tried in a summary manner by the 'justice who may examine the jurors or other witnesses on oath. § 13*0. The verdict of the jury must he general for the plain- tiff for a specific sum, or for the defendant, or where there is a counterclaim or set off proved for the defendant in a specified sum, but when the*re are several plaintiffs or defendants, the verdict may be for or against one or more of them, and the judgment must be entered therein immediately after the ren- dering of the verdict. § 1381. The swearing of the jury, and the mode of conduct- ing the trial, are the same in these courts as they are in courts of record. § 1382. Judgment that the action be dismissed, with costs, without prejudice to a new action, shall be rendered in the fol- fowing cases : 1. Where the plaintiff voluntarily discontinues the action be- fore it is finally submitted. 2. When he fails to appear at the time specified in the sum- mons or upon adjournment. 3. When it is objected at the trial, and appears by the evi- dence that the action is brought in the wrong district, or by a plaintiff not a resident in the county, without giving the secur- DISMISSAL OF COMPLAINT. 4 W 7 ity required by this title, or tbat the court has not jurisdiction ; but if tbe objection bo taken and overruled, it IS CaUS8 only Of reversal on appeal, and does not otherwise invalidate the judg- ment, if not taken at tbo trial it is waived, and the court will be deemed to have jurisdiction. 4. Where the plaintiff does not prove bis cause of action. §*13s;i. When the defendant fails to appear and answer, w »»«• judgment must be given for the plaint ill", as follows: pearud" * p L In a case where a written complaint has been served with oolcJrPw tbe summons in accordance wit h the foregoing provisions of this • 8m title, unless the defendant, upon the return of the summons; or, if the cause has been adjourned by the clerk in accordance with law at the time to which it was adjourned, files a written an- swer, verified in like manner, denying one; or more material alle- gations, or, generally, each allegation of the complaint, or set- ting forth new matter, constituting one or more defences or counterclaims, the justice must render judgment in favor of the plaintiff, for the sum claimed in the complaint, with costs, with out putting the plaintiff to any proof. The provisions of this section apply, where the action is against two or more defend- ants jointly indebted, and the summons and a copy of the com- plaint are served upon or one more, but not upon all of them; in which case, judgment may be taken, as prescribed in this sec- tion, against all the defendants, in like manner and with like effect as a judgment taken as prescribed in section three thous- and and twenty of the code of civil procedure. 2. In other cases the justice must hear the evidence of the plaintiff, and render judgment for such sum only as shall appear by the evidence to be just, but in no case to exceed tbe sum specified in the summons. § 13S4. Upon the issue of fact joined, if a jury trial benotde- «B7,ch.|*4,|4' manded, as required bv this title, the justice must hear the evi- issues or fact, deuce, and decide all questions of fact and law, and render judg- ment accordingly within eight days from the time the same is submitted to him for that purpose, except when the defendant is under arrest, and has not given security for his appearance; in such case the justice shall render his judgmeat immediately after the close of the trial. All issues of law shall be heard and decided by the judge, without a jury. £ 13S5. Where the amount found due to either party exceeds m. $10. the sum for which the justice is authorized to enter judgment, such party may remit the excess, and judgment may be entered for the residue. £ 13SG. When a judgment is rendered in a case where thede- w. iw. fendant is subject to arrest and imprisonment thereon, it must i'^lu^i be so stated in the judgment and entered in the docket. n"e d nt lmprison ' 4S8 TKIAI.S IN MK'J'HN "I COl'UTS. 31 X. Y. BO: 28 How. 225. Id. J78. Conip. 1310. Special proceedings. Id. S79. Powers and authority of Justices when engaged Id trluLs. 18T3, ch. 533, {I, C'omp. 1397. 1837, ch. 481, SC. Comp. 1305. Saving clause. 1807, cu.344, §77, C'omp. 1315. Justices to take depositions. 1880. ch 215, £3, • subd. 13. Co. Civ. Proc. $3017. Transcript of judgment ; docketing the same. See Co. Civ. Proc. $3220. § 1387. The trial of an action-" or special proceeding may be continued from day to day or from one day to any other day or days until the same is finished. A special proceeding com- menced before one justice may he continued before any other justice having jurisdiction of the subject matter, the BOOM a> though it had been originally commenced before him. A tran- script of any proceedings had before either of said justices* or of any paper hied with the clerk, or of the minutes of any testi- mony taken by or before said justice, certified by the clerk to be correct, slvall be presumptive evidence of the facta therein contained. § 1388. The justice, when actually engaged in the hearing or trial of any special proceeding, shall have all the power and au- thority that are conferred on these courts by section fourteen hundred and fifteen, and he may compel the at tendance of wit- nesses on the trial of such special proceeding the same as if it was the trial of an action pending in a couit of record, except that when the proceedings are before him as such, and not be- fore the court, subpeenas shall be signed by the justice, and he is authorized to punish witnesses for neglect t<> attend the same, as courts of record are authorized to do. § 13S9. No justice of a district court shall exercise any power or authority appertaining to any police justice except as other- wise specially provided in this title. § 1390. No process, suit, judgment, execution, or proceeding had before either of the courts held by either of the said justices shall abate or be discontinued by reason of the death, removal from office, or vacancy in office of any justice, but the respective successors in office of the said justices shall proceed to hear, try, determine, and give judgment in and upon the same, and upon all matters and things pending before and undecided by their predecessor in office, with the same powers, jurisdiction, and au- thority as their predecessors had. § 1391. The justices of each of the courts may, in the city of New York, by virtue of his office, administer oaths, take depo- sitions and acknowledgements, and certify the same in like- manner and with like effect as if he were a justice of a court of record. Sections nine hundred and fourteen to nine hundred and seventeen, inclusive, and section thirty-three hundred and nineteen of the code of civil procedure apply to the justices of these courts. § 1392. The clerk of the court in which a judgment is ren- deied, except in an action to recover a chattel, must, upon the application of the party in whose favor the judgment was ren- dered, and payment of the fee therefor, deliver to him a-tran- script of the judgment. The county clerk of the county in TRANSCRIPTS OF DISTRICT ColKT J 1' 1)( ! M KNTS. which the judgment was rendf#d, must, upon the presentation o£ tin- transcript, and payment of the fees therefor, indorse thereupon the date of its receipt, tile it in his office, and docket the judgment, as of the time of the receipt of the transcript, in a hook kept by him for that purpose, as preseiihed in article third of title first of chapter eleventh of the code of civil pro eednre. Thenceforth the judgment is deemed a judgment of the court of common* pleas, and must he enforced accordingly; except that an execution can be issued thereupon, at the option of the judgment creditor, either by the county clerk, as pre scribed by section thirty hundred and forty-three, of the code of civil procedure, directed to the sheriff, or by the clerk of tin- district court, directed to a marshal, in case the execution is issued to a marshal, it must be in the same form and executed in the s^me manner as if the judgment had not been so dock- eted. The judgment is not a lien upon, and cannot be enforced against real property, unless it is for twenty-five dollars or more, exclusive of costs. § 1394. If the action, in which the judgment is rendered, is ^ e ^;" n ^ one of the" actions specified in subdivision first or second, of sec- j^," Kain ~ l tion twenty-eight hundred and ninety-five of the code of civil procedure, or if an order of arrest was granted, and was exe- cuted, in a case specified in subdivision third of that section, and, in either case, if the defendant is a male person, there must be inserted in eacli transcript given, as prescribed in the last section, the words, "defendant liable to execution against his person:" and a like note must also be made in the docket of the judgment made by the county clerk. § 1394. The clerk of the court in which a judgment is ren- m. jana; in dered for a chattel, which has been delivered to the unsuccessful a chattel party, or for the value thereof, in case a return thereof cannot be had, must, where the value exceeds twenty-five dollars, upon the application of the party in whose favor the judgment was rendered, and payment of the fee therefor, deliver to him a transcript of the judgment, stating the particulars thereof. The county clerk of the county in which the judgment was ren- dered must, upon the presentation of the transcript, and pay- ment of the fees therefor, indorse thereupon the date of its receipt, file it in his office, and docket the judgment, as of the time of the receipt of the transcript, in a book kept by him for that purpose, as prescribed in article third of title first of chap- ter eleventh of the code of civil procedure, and must also enter in the docket the particulars of the judgment, as stated in the transcript. Thenceforth the judgment is deemed a judgment of the court of common pleas, and must be enforced accordingly; except that an execution can be issued thereupon only by the 490 TKANS< KlI'TS HI DISTRICT COl'KT JUJjOMKNTM. Co. Civ. Proc. Ji30a0. Judgment ■tr.mi i joint debtor*. Ul. i'JiNl. Doclfptint; th( wimo; net ion In-IVU|H ill. 1(1. $3022. Docketing Judgment In another county. county clerk, as prescribed in4Bction thirty hundred and forty three of said code. § 130$. Where an action is brought against two or more per- sons, jointly indebted upon contract, and the summons is served upon one or more, but not upon all of them, if the plaintiff re- covers judgment, it must be entered against all, in the mode prescribed in section nineteen hundred and thirty-two of the code of civil procedure. Sections nincteeYi hundred and thirty- tbree, nineteen hundred and thirty-four, and nineteen hnndred and thirty-live thereof, apply to such a judgment, and to each execution issued thereupon; except that, where the clerk of the court or the county clerk issues the execution, he must make the indorsement prescribed in section nineteen, hundred and thirty-four thereof. 1300. The clerk who gives a transcript of a judgnu^it, taken as prescribed in the last section, must distinctly designate, in the transcript, each defendant who was not summoned. Thereupon the clerk who dockets the judgment must make in the docket, under or opposite the name of each defendant not summoned, an entry. a< prescribed in section nineteen hundred and thirty- six of the code of civil procedure; and the provisions of that section apply to the judgment so docketed. An action upon a judgment so docketed, can be maintained in a district court against the defendants summoned, only in a like case, and with like effect," as if they were the only defendants in the original action. An action may be maintained against the defendants not summoned, as prescribed in section nineteen hundred and thirty-seven thereof, in any court having jurisdiction thereof ; and the plaintiff is entitled to costs, upon recovering final judg- ment therein, where the sum remaining unpaid is twenty-five dollars or more. . § 1397. The county clerk with whom a transcript is filed, as prescribed in either of the foregoing sections of this title, must furnish to any person applying therefor, and paying the fees allowed by law, one or more transcripts of the docket of the judgment, attested by his signature. A county clerk, to whom such a transcript is presented, must, upon payment of the fees therefor, immediately file it, and docket the judgment in the appropriate docket-hook kept in his office, in like manner as the judgment was docketed by the first county clerk. The judg- ment, when docketed as prescribed in this section, has the like effect, with respect to the enforcement thereof, or any proceed- ings thereunder, or by virtue thereof, in the county where it was so docketed, as if it was rendered by a justice of the peace of that county, and docketed upon filing his transcript; except that where an application for leave to issue an execution is neces- EXECUTIONS IN DISTRICT COURTS. sary, it must be made to the county court i»f the county where the judgment was rendered. $.1398. Whenever any judgment! shall be rendered against l^f^^ any marshal or his sureties in anv of the district courts, a tran Tnu,...rip« of script thereof shall he tiled in the oflicc of the clerk of the court ^«mm ■ marshal of common pleas, and from the tiling of such transcript such judgment shall he deemed to he a judgment of such court, and shall he enforced in the same manner as other judgments of said court. And no execution on such judgment shall issue to anv other officer than the sheriff of the city and county of New Vork, and all such executions must be made returnable fco the clerk of said court. $ 1 ::',»;». The execution, when issued out of the district court, u\V'*' v " must be directed to ;i marshal, subscribed bv the clerk of the To «-h.»m <•*<■ " CUtlOll to iKSUC court in which the judgment was rendered, or by his successor t< < «i...m in office, and must bear date of the day of its delivery to the of- 1 r, *" r ' " lr ficer to be executed. It must intelligibly refer to the judgment by stating the names of the justices before whom, and the dis- trict where, and the time when rendered, and the amount of the judgment, and if less than the whole is due. the true amount due thereon. It must require of the marshal substantially as follows: 1. If it be a case where the defendant cannot be arrested, ii K;^ , '. ln i1 ;; '/ must direct the officer to collect the amount of the judgment, or the amount due thereon, out of the personal property of the debtor, and to pay the same to the party entitled thereto. 2. If it be a case where the defendant may be arrested, in addition to the foregoing, it may direct the officer, if sufficient property of the defendant liable to execution cannot be found to satisfy the judgment, that he arrest the defendant and com- mit him to the jail of the county until he pay the judgment, or be discharged according to law. 3. It must further, in all cases, direct the officer to make re- turn of the execution and a certificate thereon shewing the manner in which he has executed the same, in twenty days from the time of his receipt thereof, to the court from which the execution issued. £ 1400. Upon an execution on a judgment against joint debt- oJ^j^ifu ^ ors, upon one or more of whom the summons was not served. Executions . . i ' f i' it i ugainst Joiut the execution must contain a direction to collect the amount debtors, out of the joint property of ah the defendants, and the separate property of the defendants upon whom such summons wa- served, to be specified by name. If such judgment be also such that the defendants are subject to arrest thereon, the execution must further specify the names of the defendants served with the summons, who may be arrested for want of property. m BXEOl Hons IN DI6TBICT COl'RTS. M. $M Id. £&S. Kt-iiewal of fxecutloiiH. Co. IYoc. [8B7.oh.M4, {48, Comp i;jkj. ikni, , )i i:i SUM. 13. lBT'.l.ch. iSC §88. Imprisonment on body execu- tiou. Co. Civ. lYoc. ^3221. : Enforcement of certain Judgments m favor of working women. § 1401. When the execution directs the arrest of the defend- ant for want of sufficient personal chattels, if there be not sufficient subject to levy known to the officer, or if, upon de mand by the officer of the defendant, he fail to produce sufli cient property, the officer may, without further delay, arrest the defendant ; when arrested, the defendant must be conveyed to the conXmon jail of the county, and there kept in custody untij (he execution, ' with costs, he paid, or b<» discharged hy due course of law. ..' 14:>. Sections thirty hundred and twenty-four, thirty hun- dred and twenty-seven, and thirty hundred and forty-three of the code of civil procedure apply to these courts except as herein otherwise expressly provided. 1404. Any judgment recovered in an action brought in pur- suance of the provisions of subdivision eleven of section twelve hundred and eighty-five of this act may be collected and the payment thereof enforced by execution against the person, and any person imprisoned by such execution shall be so imprisoned for a period of not less than five days and at the rate of one day for every dollar or fractional part thereof of such judgment and interest when the same exceeds five dollars, and such imprison- ment shall not be satisfaction of such judgment ; but no person shall be more than once imprisoned upon any such judgment or execution. § 1405. In an action, brought iu either of those courts, by a female to^recover for services performed by her, if the plaintiff recovers a judgment for a sum not exceeding fifty dollars, exclusive of costs, no property of the defendant is exempt from levy and sale by virtue of an execution against property, issued thereupon ; and, if such an execution is returned wholly or partly unsatisfied, the clerk must, upon the application of the plaintiff, issue an execution against the person of the defendant for the sum remaining uncollected. A defendant, arrested by virtue of an execution so issued against his person must be actually confined in the jail, and is not entitled to the liberties thereof ; but he must be discharged after having been so con- fined fifteen days. After his discharge, an execution against his person cannot be issued upon the judgment, but the judg- IIAIUUTY OF MARSHAL ON KXKCUTION. I1C ment creditor may enforce the judgment against property, as if the execution, from which the judgment dehtor is discharged, had been returned without Ins bring taken. 1400. A defendant cannot be arrested, nor his property sold {^^j^* 88 ' on execution after twenty days from its issue or renewal, but property levied on within the twenty days may be sold after renewal. ;j 1407. A marshal is liable to a party in whose favor an exe- id. cution is issued to him for the amount thereof in the following S^JSSX 01 cases : t. When lie Buffers the twenty days to elapse without making a true return thereof, and tiling the same with the clerk of the court, and paying to him or to the party entitled thereto the money collected thereon by him. 2. When he - willfully or carelessly omits to levy on property of the defendant, or if the defendant be liable to arrest, to arrest and imprison him within the twenty days, or having arrested the defendant fails to commit him to the county jail within the twenty days. § 1408. Whenever an execution has been returned satisfied in J^* 5 * whole or in part, where a transcript of the judgment has been executions filed in the county clerk's office, a certificate thereof, signed by the clerk of the court in which the judgment was rendered, may • be filed in the office of the clerk of the county, who shall there- upon enter satisfaction for the amount so satisfied ; judgments docketed in these courts may be satisfied in the same manner as judgments docketed in courts of record. 1409. Every clerk of these courts must keep a book, w.f»- denominated a docket, in which must be entered by him : entered In L. The title of every action or proceeding in which a sum- mons, order of arrest, attachment, or precept is issued, or when parties voluntarily appear. 2. The date of the summons, or precept, and the time of its return, and if an allowance of an order of arrest to arrest the defendant or of a warrant to attach his property was made, such facts must also be stated. 3. The time when the parties, or either of them, appeared ; a minute of their pleadings, if in writing, referring to them ; if not in writing, a concise statement of a material part of the pleadings. 4. Every adjournment, stating on whose application, whether on oath, evidence, or consent, and to what time. 5. When a trial by jury is demanded the demand must be stated, and by whom made, and the time appointed for the trial, and the return of the jury. •lockets. 104 I'KKS IN OIHTKKT COURTS. 1867, cli.3ll.JC0, Oomp. 1343. Entries In dockets. 28 How. 19 i.l C/,1 [u'li > Id. §6'.'. Dutv of clt-rks. Id. jjC3. Clerks may issue execu- tions. Id. §01. Certified copies of papers snail be evidence.- Id. §66, Comp. 1343. 1880. ch. 2tf, §3, pubd. 13. Id. §07, Comp. 1343. Fees of courts. 0. The names of the jury sworn, the names of the Ifitoeewefl sworn, and at whose request. 7. The verdict of the jury and when received; if the jury dis- agree and are discharged, that fact must he stated. 8. The judgment of the court, its amount, and the costs in the action. • 9. The issuing of execution, when issued, and to whom; the renewals thereof, if any, and when made; the return and when made, and a statement of any money paid to the clerk, and when and by whom. 10. The giving of a transcript to he filed in the c. unity clerk' , office, and when given. 11. The receipt of a notice of appeal or order to make or amend a return, stating the time of the receipt thereof. § 1410. The several particulars in the last section specified must ho entered under the title of the action or proceeding to which they relate, and at the time when they occur. Such en- triee in the docket, or a transcript thereof, certified hy the clerk or his successor in office, with the seal of the court thereon im- pressed, are evidence to prove the facts as stated therein. § 1411. The clerk must keep an index to his docket, in which must he entered the names of the parties to each judgment, with a reference to the page of entry; the names of the plain- tiffs and defendants respectively, must he entered in the index in alphabetical order. § 1412. It is the duty of every clerk of these courts to deliver to his successor in office his official dockets and papers on file in his" office, as well his own as those of his predecessors which may he in his custody, there to he kept as puhlic records. § 141:5. A clerk with whom the docket of his predecessor is deposited may issue execution on a judgment there entered and unsatisfied, in the same manner and with the same effect as though ho was clerk of the court at the time the judgment was rendered. § 1414. A copy of a paper on file in the office of the clerk in either of these courts, certified hy him or his deputy as such, shall he prima facie evidence thereof. § 1115. Sections eight to thirteen, inclusive, of the code of civil procedure apply to these courts. § 141G. The following are the fees of these courts, when the plaintiff's demand is less than fifty dollars: 1. For all proceedings when the defendant does not answer, including judgment, transcript, and execution, one dollar and fifty cents. 2. For all proceedings to and including the joining of issue, if an order of arrest or warrant of attachment be issued, one KXTKA COSTS IN DISTHK T I'Ul KTS. 195 dollar and fifty cents. If there be n<> order of Arrest 01' attach- ment issued, one dollar. 3. Koran adjournment, twenty-live cents to be paid by tin party requesting the same. 4. For taking testimony conditionally, or issuing a commission to take the testimony of witnesses out of the city, fifty cents. f>. For all proceedings after issue to and including trial by w»fc«b.wi. H jury, if there ho one, -two dollars and titty cents. If there he no trial by jury, two dollars. 0. For judgment upon the issue and any proceedings aftei wards •including transcripts, executions, returns, and all other proceedings and entries, fifty cents. 7. Postage actually paid on serving or receiving a commission to take testimony, and the actual expense of taking the same. 8. For a transcript of the docket of judgment, six cents; for ffii^ta?' certifying a copy of a paper on file in the clerk's office, ten cents for each folio of one hundred words, except returns upon appeal. !>. All necessary disbursements paid hy the party recovering judgment. § 1417. When the plaintiff's demand is for fifty dollars or more, at the time of issuing any summons, warrant of attach- c^n. i^' ment, or order of arrest, the partv applying therefor shall pay ' , ;' mnn i j flftv dollars. to the said clerk the sum of one dollar; and if a trial shall be had in the action so commenced the plaintiff therein shall pay to the said clerk an additional sum of three dollars and fifty cents, which said sums shall he received in lieu of all other fees now required hy law to bo paid the said clerk. §1418. In summary proceedings to recover the possession of (■?,;;,', 'Virlr' ?: lands, the fees of officers, except where a fee is specially cierics fees given in chapter twenty-one of the code of civil procedure, must co.civ.Proc be at the rate allowed by law in an action in said courts, aadare Amount of limited in like manner; unless the application is founded upon coUected" an allegation of forcible entry or forcible holding out; in winch case the judge or justice may award to the successful party a fixed sum as costs, not exceeding fifty dollars, in addition to his disbursements. The final order awarding costs may be docketed, and an execution may be issued to collect the costs awarded thereby, in like manner as if the final order was a judgment, rendered in the 1 court, of which the judge is the presiding officer. §1410. Marshals' fees for services rendered before judgment ly : - ch ■* ii -i r *- ,, J Q Comp. 134-1. may be included therein, when it is in favor of the party liable Marshals- fees, therefor; and in addition to the fees now allowed by law, they shall receive the sum of twenty-five cents for every copy of the (96 EXTRA COSTS IN DISTRICT COCHTs. Id. |T0. Extra eoata. 1853, cU. CI 7. «». I. Oo. Civ. Proc. $3235. Costs after dU continuance; upon nn>>» er of title. 1P02, cu. m, |s. Comp. 13M. Ten per cent, may be allowed. 1*;?.<-U. 5.24, $33. Co. Civ. l"roc. §13131, 3232. Costs in action by working woman. complaint served hy them with the process by which the action is commenced. § 1420. When the plaintiff's demand to for the recover) of fifty dollars or more, the plaintiff, where the defendant docs not appear, shall recover the sum of seven dollars; and in all such cases where an issue shall be joined and a trial had, the sum of twelve dollars as costs, in addition to other fees. If judgment be given against the plaintiff for any cause in any such action, after an appearance by the defendant, the defendant shall re- cover seven dollars, where judgment is rendered without a trial, and ten dollars where a trial shall have been had. in addition to the other costs, but the plaintiff shall not recover such co t unless judgment be rendered in his favor for fifty dollars or more, nor shall either party be entitled to such costs unless he has an attorney actually engaged in the prosecution or defense of the action. Such costs shall be entered in the judgment, and belong to the party in whose favor the judgment is entered. § 1421. Where an action brought in a district court has be -n discontinued, as prescribed by law, upon the delivery of an answer, showing that title to real property will come in ques- tion; and a new action, for the same cause, has been commenced in the proper court; the party, in whoso favor final judgment is rendered in the new action, is entitled to costs; except that, where final judgment is rendered therein, in favor of the de- fendant, upon the trial of an issue of fact, the plaintiff is en- titled to costs, unless it is certified that the title to real property came in question on the trial. § 1422. Upon a recovery being had in an action brought upon a bastardy or abandonment bond, by the commissioners of charities and correction or the overseers of the poor, in addition to the other costs therein, the court shall make and the clerk shall enter in the judgment an additional allowance of ten per cent, on the amount recovered. § 1423. *YVhen the action is brought by virtue of the pro- visions of subdivision eleven of section twelve hundred and eighty-five of this act, the plaintiff shall only be entitled to costs to an amount equal to the amount of the recover}". § 1424. In an action brought to recover a sum of money for wages earned by a female employee, other than a domestic ser vant; or for material furnished by such an employee, in the course of her employment, or in or about the subject matter thereof ; or for both; the plaintiff, if entitled to costs, recovers the sum of ten dollars as costs, in addition to the costs allowed in a district court, unless the amount of damages recovered is less than ten dollars; in which case, the plaintiff recovers the sum of five dollars as such additional costs. Where the em- CLERKS OF DISTRICT COl RTS. 407 ployee is the plaintiff in such an action, she is entitled, upon a settlement thereof, to the full amount of costs, which she would have recovered, if judgment had been rendered in her favor, for the sum received hy her upon the settlement. * 1426. Whenever a justice of the court of common pleas ' !i * J * Com j). 1470. shaP order the hond of a marshal to he prosecuted in any of the When ImjihI district courts, the said justice upon said motion may award the ecuted 1>ns aggrieved part y his reasonahle costs ou such motion, not exceed- ing the sum of ten dollars, which shall he included in the judg- ment obtained upon such hond. § 1 tii»;. The rules and regulations of the supreme court shall & apply to the district courts, as far as the same can he made ap- Kui.s. .t<- „r plicahle, and such changes, alterations, and additions as shall he oi>pii.-.it.,,i^ • I . ; -ii i i • • ,rict cm "**- from time to tune made in and to said rules and regulations hy said supreme court, shall affect the said district courts in the same manner as the said supreme court is affected hy them; and such alterations, changes, and additions shall he as binding upon said courts as upon the said supreme court. 1427. There .shall be a clerk and an assistant clerk in each ltj2. ch - U8 - $$1.3. of the district courts, who shall be appointed by the justices of comp.ja». said courts, respectively; they shall hold office for the term of m' ' . ...in"? six years from the date of appointment. The said clerk and BTx.^rSi! 1 ' 1 ' assistant clerk shall each receive a salary of three thousand dol- kn.t.'stb- lars per annum. The comptroller is authorized and directed to r ^ l m r p 7n,ii,. r i.> pay the salary of the clerks, in monthly installments, out of the , ( '" > r ^ nl "' f ' i ." fi n city treasury. The clerk, the assistants, or deputy clerks, and tor fees. all other attendants of said courts, shall receive no fees or com- pensation for their own use whatever, for any services by them performed by virtue of their oliices other than their salaries. § 1428. It shall be the duty of the clerk of each of these £'^1','. >: "' eOlirts: Duties of clt*rks. J. To keep the seal of the court, and affix it to the certificate of the transcript of the docket of judgment, or any other certifi- cate, when required so to do. 2. To record the proceedings of the court. 3. To keep the records and other books appertaining to the court. 4. To tile papers delivered to him for that purpose in any action. 5. To attend the sitting of the court of which he is clerk, to administer oaths in an action, in the presence of the court and under its direction, and to receive the verdict of the jury. G. To authenticate by certificate or examplilieation as may be required, the records or proceedings of the court, or any other paper appertaining thereto and filed with him. CLERKS OF DISTRICT COURTS. 7. To exercise the powers and perform the duties conferred and imposed upon him by this title. 8. In the performance of his duties to conform to the direc- tion of the court. Office hour* y. To keep his office open for the transaction of business, every judicial day, from nine o'clock in the forenoon to four o'clock in the afternoon. gMJ 1;J| . § 142!*. It shall ho the duty of the clerk of each of these Payment of courts to collect and receive all the fees thereof, including the treasury fees allowed by law in summary proceedings to recover lands, (vlmp h im' and to account for and pay the same into the city treasury, monthly, under oath, on the first day of each and every month, or within three days thereafter, which account shall contain tl it- title of each case and the amount of fees received therein, and the salary of such clerk shall not lie paid until he shall have si; accounted and paid, and he shall perform no service until he shall have received the legal fees thereof. can^i$& ,w ' 8 14:i0 - Bray clerk hereafter appointed shall, before he !.r"!'i. l rks' 1M ' K ^'ders on the performance of his duty, execute and file with the clerk of the city and county of New York a bond in the penal sum of five thousand dollars, with two or more sufficient sureties, to be approved by the mayor or one of the judges of the court of common pleas (such approval to be indorsed thereon), to the effect that he will faithfully perform the duties of his office, and pay into the city treasury all moneys he may receive, belonging to the city, and to pay all moneys that may be deposited with him in any ac'tion to the party entitled to the same. For any and every breach of this bond the court of common pleas, or a judge thereof, may order the same to he prosecuted in the name of any person entitled to such money. u.V& cj 1431. The clerk of each of these courts is authorized to administer oaths in the city of New York in the same manner and with like effect as if he was a clerk of a court of record. 1858, en. s»,|i. ^ 1432. Each justice appoints the officers necessary to 1867,ch.344,$05, , * , ~. , . . , , * comp. im attend the court. Such officers or attendants appointed before 1880. ch. 521, §2. . 1 r May twenty-ninth, eighteen hundred and eighty, receive an annual salary of twelve hundred dollars. Such officers or attend- ants appointed after May twenty-ninth, eighteen hundred and eighty, receive an annual salary of one thousand dollars. 1866, ch. 745, §i, g 1433. The several justices of the district courts are author .\ppointraent ized and empowered to appoint an officer for'each district court, interpreter. ^ s ] ia n De known and designated as district court interpreter, and who shall hold office during the pleasure of the justice of the court to which he is appointed. The interpreters shall each satan- of receive an annual compensation of twelve hundred dollars. APPEALS FROM DISTRICT COURTS. 49'J >} 1431. The justices Of the district courts are respectively au- Co. proc. jco, thorizod to appoint a stenographer in their several courts, whose 1870, ch. 741 >i duty it shall he to take l ull stenographic notes of all proceedings in trials had therein; he shall hold his ollicc during the pleasure of the justice of the court, and shall receive a salary of two thou- sand dollars per annum. §1435. The justice of each district court is authorized and .iu.sti.vt.. empowered to appoint a janitor for such court, who shall hold ! ..' ofliee during the plcasun; of and ho suhject to the direction of the justice of the court for which he is so appointed. He shall Salary, ho paid a yearly salary of nine hundred dollars. ;i 143& The city shall furnish at its expense rooms, furniture, iy,;..-n ;u blanks, stationery, and fuel for these courts. ' p ' >i 14:;7. Words used in this title in the past or present tense $«o, include the future as well as tho past or present; words used in Application of the masculine gender include the feminine and neuter; the sin- word8, gular number includes the plural and the plural the singular; the word ''person" includes a corporation as well as a natural per- son; writing includes printing or printing paper; "oath" in- cludes altirmation or declaration; "signature" or "subscrip- tion" includes " mark," when the person cannot write, his name being written near it, and witnessed by a person, who shall write his own name as witness. The following terms also named in this title have the signilication attached to them in this section, unless otherwise apparent from the context : 1. The word "attorney V signifies an attorney of the supreme court of this State, duly licensed to practice as such. 2. The word "district" signifies judicial district. 3. The word "clerk" signifies the clerk of the court where the action is pending. 4. The word "marshal" signifies any person authorized to perform the duties of a marshal. 5. The word " corporation " includes every association having any corporate rights, whether created by special acts of legisla- . ture or under general laws. £ 1438. An appeal from a judgment may be taken in the co.civ.Proc. cases and in the manner prescribed in articles first and second of ]J™jeais. title eighth of chapter nineteenth of the code of civil procedure, with respect to an appeal to a county court from a judgment rendered by a justice of the peace, and not otherwise. Such an appeal must be taken to the court of common pleas. ^ 1439.' In all cases of appeal from the decision of a justice of i8t4. ch. .w. §i. ° 1 r J Comp. 1359. one of the district courts, where a transcript of the stenographer's stenofrrapher* minutes of the testimony given on the trial becomes a necessary fees ' part of the justice's return, the stenographer's fees for the mak- ing of such transcript shall be computed at the rate of ten cents CHIMKS AND MISDEMEANORS. If f,, cli. Mil. V-'i, Comp. 1835. Transcript of process, etc, certified, to be evidence. for every one hundred words, and be paid in the first instance by the appellant, and afterward be taxable by him as a disburse mont In the appeal. | 1440. A transcript of the process, pleadings, and judgment had before any of tbe said justices, of the execution Issued thereon, if any, and the return thereon, if any, when subscribed and certified by the justice or clerk, and a certificate of the clerk of the city and county of New York indorsed thereon or attached thereto, under tbe seal of the court of common pleas of the said county, certifying that the person subscribing such transcript was, at the date of such judgment, such justice or clerk, sball be prima facie evidence in any court of justice in this State to prove tbe facts contained in such transcript, and no more. TitU Crimea cui'd Criminal Procedure l8Br.cfa.415, Ml, C'oujp. 1 133. Nuisances near boundary lines. Record of con viction to be filed. 4 R. S. eh. 8, tit. I,|28, Comp. 112. Jurisdiction of criminal courts in New York. 1833. ch. 11. $11. Coinp. 1408. Punishment for second offense $ 1111. Whenever any nuisance shall be erected or continued on or near the boundary lines of the counties of New York, Westchester, and Queens, the same, and the persons by whom such nuisance sball bave been erected or continued, may be indicted in either county injuriously affected thereby ; and there- upon the same proceedings shall be had and taken, and the sen tence of the court may be enforced in the same manner as if the said nuisance was situated witbin the county in which the in- dictment was found. The record of any conviction under this section shall be filed in the clerk's office of the county in which such nuisance is located ; and thereupon process shall be issued to the sheriff of such county to abate such nuisance in the same manner as if the conviction Was had in the county in which the record was filed. > 1417. Every person who shall lay hand upon the person of w another, or upon the clothing upon the person of another, in ^^p '* "' said city and county, with intent to steal, as a pickpocket, under such circumstances as shall not amount to an attempt to rob, or an attempt to commit larceny, shall be deemed guilty of an assault with intent to steal, and shall be punished as is now pro- vided by law for the punishment of misdemeanors. It shall not be necessary to allege or prove, in any prosecution for an offense under this section, any article intended to be stolen, or the value thereof, or the name of the person so assaulted. r,02 CRIMES AND MISDEMEANORS. 1888, i ll. 11, Oomp. M07. Killing through tllC Streets. iv.',, <-h ;n). v-'. C'ouip, 400. Oattle, etc., not to go on u tilk-- lsor, ota. ci'i. |£ t'omp. 310. Penalty for ill-facing public urinals. 1880, ch. 358, SSI. B. Soliciting pat- ronage for hotels, etc., on clocks, etc.. pro- hibited without license. ,5 1448. Any person whosliall drive or ride any horse through any stieet, lane, alley or public place in the city of New York with greater speed than at the rate of live miles an hour, shall be deemed guilty of disorderly conduct, and upon conviction thereof by any such magistrate?, either upon tlx- confession of the party or competent testimony, may be fined for such offense any sum not exceeding ten dollars, and in default of payment of such line, may be committed to prison by such magistrate until the same be paid, but such imprisonment shall not exceed ten days. £ 1449. No person in charge of any cattle, sheep, pigs, swine or calves shall, if able to prevent it, permit any such cattle, sheep, pigs, swine or calves to pass upon or across any sidewalks in said city, and any person violating any provision of this sec- tion shall be deemed guilty of a misdemeanor, and on conviction be punished by a fine of not less than ten, -nor more than fifty, dollars, or by imprisonment in the penitentiary for not more than thirty days, or by both such fine and imprisonment. 1880, ch. 353, $4 Licensed per- sons to wear badge. Id. §5. j5 l i:>o. Every person defacing or damaging public urinals maintained by the department of public works, or writing or posting notices, figures or devices thereon, shall, on conviction before any police justice, be subject to a penalty of fifty dollars, or imprisonment for the term of three months in the peniten- tiary, in the discretion of said justice. § 1451. Any person who shall, without having obtained a license as provided by laAv, carry on the business, or engage in the occupation of soliciting, upon any street, 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 jurisdiction, 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 pas- sage in any such steamer, steamboat, ship, vessel or railroad, shall be deemed guilty of a misdemeanor, and shall be punished by imprisonment for not less than three months nor exceeding one year. § 1452. Every licensed person, whenever employed in solicit- ing passengers or patronage for steamers, steamboats, ships, vessels or railroads, or patronage for hotels or inns, shall wear conspicuously upon his coat a metal badge containing the num- ber of his license, said badge to be of such form and to bear such further inscription as shall be prescribed by the mayor of the city. If he shall fail to comply with the provisions of this sec- tion he shall be liable to a fine of not less than twenty-five dollars for each offense, and shall also forfeit his license. No ('HIM KS AND MISUKMKANOH.S. 503 person not duly licensed as aforesaid shall wear any such badge, or any badge purporting to he that of a licensed runner or solicitor, under a penalty of twenty-live dollars for each offense. «j 14f>:>. Whenever a conviction shall he had in any criminal court in the city of New York, of any person for bin ing or receiving any personal property feloniously stolen from another, knowing the same to have heen stolen, such person may be sentenced, in the discretion of the court, to imprisonment in the penitentiary of the said city for the saute term of time for which such person may hy law l»e sentenced to imprisonment in a State prison. 1454. All persons who may have actually abandoned then- wives or children in the city of New York, without adequate support, or in danger of becoming a burden on the public, or who may neglect to provide, according to their means, for their wives or children, are hereby declared to be disorderly persons within the meaning of title fifth of chapter twentieth of pari first of the revised statutes, and may bo proceeded against as such in the manner directed by the said title. And it shall be the duty of the magistrate before whom any such person may be brought for examination, to judge and determine from the facts and circumstances of the case, whether the conduct of any person amounts to such desertion or neglect to provide for his wife or children. £ 1455. Every person who shall threaten to abandon, or who shall have actually abandoned his family, wife, or child in the city of New York without adequate support, or in danger of becoming a burden upon the public, or who may neglect to pro- vide, according to his means, for his family, or any member of said family, is hereby declared a disorderly person. $ 1450. In case of the conviction of any such person as a dis- orderly person, the magistrate convicting shall mg,ke an order specifying a certain sum to be paid to tho commissioners of charities and correction of said city, weekly, for and towards the support of the family of said defendant ; and all provisions of law in relation to the enforcement of orders for the support of bastard children in said city, after conviction, shall, as far as practicable, apply to the enforcement of any order made in pur- suance of this section, by the magistrate convicting ; except that the order shall be for the stated period of one year, and that any appeal from, or amendment to said order, shall be exclusively for the action of the court of special sessions. § 1457. No person who shall have been convicted as a dis- orderly person, as aforesaid, and who shall have been committed to prison, in pursuance of the provisions of the preceding section IVnulty fur fulse rep- resentation. 1880, eh. 853, |4. 1K33. ch. II. |18, Com p. 1408. iiuyiiitf itolen property, id. jr. Coiiip. i lor. Persons who abandon their wives or children. 1860, ch. 508, $3 Comp. 1412. Disorderly person*. Id. {4. In case of con- Tiction. Hun. 81* Id. §o. How dis- charged. * 504 DISORDERLY CONDUCT. tmo.ch. .W, |80, Conip. 1410. Whnt deemed disorderly con- duct. Unmuzzled, vicious dogs. Pn ml it iite*. Threatening insulting In liavlor. Id. . Every person who shall use any threatening, abusive, or insulting behavior with intent to pitN.dkU a breach of the ptftjee or whereby a breach of the peace may bo occasioned. £ 1459. Whenever it shall appear, on oath of a credible wit- ness before any police justice in said city and county, that any person in said city and county has been guilty of any such dis orderly conduct as in the opinion of such magistrate tends to a hreach of the peace, the said magistrate may cause the person so complained of to he brought before him to answer the 8aid charge. £ 14G0.. It shall and may be lawful for the recorder or either of the police justices to discharge any disorderly person, on his or her entering into a bond or recognizance, with such security and to such an amount as may be deemed proper (but if not thought necessary may be dispensed with) to the mayor, alder- men, and commonalty of the city of New York, conditioned that such disorderly person shall leave the State within a given time, and not return again within a certain given time, to be specified in such bond or recognizance, and also to be of good behavior during the time he or she shall remain in the said city, previous to his or her leaving the same. All such bonds or recognizances entered into as aforesaid shall he lodged in the office of the clerk of the said cityof New York, and on a broach of the condition thereof it shall be lawful to sue and. recover on any such bond or recognizance in any court having cognizance thereof. § 1461. In all complaints before any magistrate in the city of New York, for disorderly conduct, it shall be lawful for such magistrate, if in his opinion such disorderly conduct tends to a breach of the peace, to require the party against whom such conduct may be proved, either by his or her own confession, or by competent testimony, to give sufficient surety or sureties, for his or her good behavior, for any term not exceeding twelve VA(iUANTS, KTC months, and the magistrate who may have required such surety ur sureties may. in his discretion, at anytime discharge the same. jj 1402. Any pei-son convicted as a disorderly person must he committed hy the magistrate to the city prison or penitentiary for not exceeding six months at hard labor, or until he give the security required hy law or either. 140:5. If any child shall he found in a state of want and sut fering, or heing ahandoned or improperly exposed, or neglected hy its parents, or such other person as may have it in charge, or begging for alms, or soliciting charity from door to door, or in any street, highway, or public place within the city, the recorder or any police justice shall, on complaint and competent proof thereof, commit such child to the alms-house or other place provided for the support of the poor, to be kept employed and instructed in useful labor, until discharged by the commissioners of charities and correction, or until bound out by said commis- sioners as an apprentice by them ; and' the aforesaid provisions shall extend to the children of all such persons as may be con victed of being common prostitutes, or keepers of bawdy houses, or houses for the resort of common prostitutes. $1^64. All persons who, being habitual drunkards, are desti- tute and without visible means of support, or who, being such habitual drunkards, shall abandon, neglect, or refuse to aid in the support of their families, who may be complained of by such families ; all persons who shall have contracted an infect- ious or other disease in the practice of drunkenness or debauch ery requiring charitable aid to restore them to health ; all com- mon prostitutes, who have no lawful employment whereby to maintain themselves ; all able-bodied or sturdy beggars who may apply for alms or solicit charity ; all persons wandering abroad, lodging in watch-houses, out-houses, market places, sheds, stables, or uninhabited buildings, or in the open air, and not giving a good account of themselves ; all persons wandering abroad and begging, or who go about from door to door, or place themselves in the streets, highways, passages, or other public places, to beg or receive alms, within the said city, shall be deemed vagrants. § 1465. It shall be the duty of every peace officer, whenever required by any person, to carry, convey, or conduct such vagrant before the recorder or one of the police justices, for the purpose of examination. If such magistrate be satisfied by the confession of the offender or competent testimony, that such per- son is a vagrant within the description aforesaid, he shall make up and sign a record of. conviction thereof, which shall be filed in the office of the clerk of the court of" sessions ; and shall bv war- IHMI. ch. 448, 1833, ch. 11, J18. Oomp, 1409. children aban- doned by parents 1381. ch. 442 $893. 1S33, ch. 11, SI. Comp. 140ti. Persons who shall be deemed vagrants. Id. S§2, 3. Examination. Committed to alms-house or penitentiary. VAGRANTS, ETC. rant, under his band, commit such vagrant, if not a notorious offender, and he he a proper object for such relief, to the alms- house for any time not exceeding six months, there to be kept at hard laljtpr j or if the offender he an improper person to he sent to the alms-house, then such person shall be committed for the like time to the penitentiary. in«7, oh. 4oo, ji, <$ 14/66. Whenever any female between the ages of fourteen and Comp. 1411. ° * l l n i wii.-n f.-imii..s twenty-one years, shall be brought by the police, or shall volun- S'lousocf " " tarily appear before a committing magistrate in the city of New York, charged with being a prostitute, or admitting herself to be such, and professing a desire to reform, and it shall appear that such female lias never been an inmate of the penitentiary, such magistrate shall make an order, that in lieu of being committed to the work -house or penitentiary, the said female shall be removed to and detained in one of the following institutions, viz.: The Protestant Episcopal House of Mercy, New York ; the Roman Catholic House of the Good Shepherd, foot of Eighty-ninth street ; or the Magdalen Female Benevolent Asylum and Home of Fallen Women, provided that the magistrate shall designate in such order as the place of detention such one of the institu tions above named as may be selected by the person so com- mitted, unless notice shall have been received from such institu- tion that there is not room for the reception of further inmates. 1844, ch. sis, «$ 14tJ7. In cases of offenses committed in the city and county art 4, |U. • i «. comp. li.ii of New York upon persons being, at the time of the offense 'i^of offMisPK committed, in the said city and county, and being non-residents .'iKail'st " of the said city and county, either upon the person of such non- residents or by taking or receiving from such non-residents money or property, the district attorney may apply to any judge of said city and county, possessing the powers of the supreme or superior court or. court of common pleas, for an order to take 1 he testimony, de bene esse, of all witnesses in the matter being in but not residing in said city and county; such judge, in his discretion, may grant an order so to take such testimony, which order shall specify the length of notice of such examination Notice to be that shall be given to the accused. The district attorney shall served on ° ' accused. serve upon the accused the notice so directed by such judge, the witness shall be examined in the presence of the accused, his direct and cross-examinations shall be reduced to writing in questions and answers, and shall be signed by the Avitness and certified by the judge; the examination shall, by the officer taking the same, be filed in the office of the clerk of the court of sessions in the city and county of New Y^ork, and may be used before a grand jury, and all courts and tribunals having jurisdiction of the subject-matter, in the same manner and with the like effect as the witness could be, were he personally pres- RECOGNIZANCES. cut upon the trial of the accused; all questions may !>;• raised as to the admissibility of the testimony of the witness, and to questions and answers that could be raised to witness and his examination in open court. ^ 14t'»S. The examination of a non-resident witness, or a wit ... art :t. ness about to depart beyond the jurisdiction of the court, may, Oomp mm on the application of the district attorney, or the party accused, upon his giving notice to the district attorney, betaken in the manner provided in the last section. j5 14(59. In all cases in which, by the provision of titles fust isss, ch. ilh and second of chapter second of part fourth of the revised i^XJ,,',,, statutes, any magistrate in the city of New York might require J;,',^' 1 ' ''''' any person to enter into a recognizance, with sufficient surety or sureties, to appear at the next court of general sessions, it shall be lawful for any such magistrate, either in addition thereto or in lieu thereof, to require any such person to enter into a recognizance, with sufficient surety or sureties, to keep the peace to the people of this State, and particularly to any per- son requiring such security for a term not exceeding twelve months; and in default of giving such recognizance, with suffi- cient surety or sureties, to commit such person until the same may be entered into, and the magistrate who may have required such sureties may, in his discretion, at any time discharge the same. >j 1470. Every recognizance taken by any court, or by any m ( . h m ... magistrate, coroner, or other officer, to appear and answer at 1428 any court, and the complaint, inquisition, affidavits, and other recognizance* papers upon which such recognizance is founded, shall be filed in the office of the clerk of the court at which the party is thereby recognized to appear, within ten days after the same is so taken. ^ 1471. Whenever a recognizance to keep the peace or to be i86o,ch. 506,$iq, of good behavior shall be ordered by any magistrate or court in cost^bywhom said city and county, the said magistrate or court may require pald the person so ordered to enter into such recognizance, to pay one dollar as the costs of such proceeding, and in default of pay- ment thereof, may commit the person so ordered to prison until the same be paid, for a period not to exceed one day. All costs wnenandto collected in pursuance of this section shall be paid over forth- nrhom i )a1d - with, if collected in a court of record, to the clerk of such court : and if collected in a police court or elsewhere, to the chief clerk of the police court of the district in which such costs shall have been levied. All moneys so collected shall be paid over to the Moneys to i,e city treasury, in like manner and for a like purpose as other g«wS£ costs, fees, fines, or emoluments are now directed by law to be paid by such clerks. violated Forfeiture SOS RECOGNIZANCES. c^p h wl' ,!< § u ^ 2 - Kvtuy recognizance to keep the peace, or to be of good tokeeStS? *' 1>onavior > or for ^ot" (except bucIi rec ognizances for good Jae- peaoe. Jiavior as shall be taken on conviction of disorderly persons, and such recognizances to keep the peace as shall be made returnable to the court of general sessions of the peace), that shall be entered into in the city and county of New York, shall be forthwith filed in the office of the clerk of thocourt of special sessions; and whenever it shall appear that any such recognizance has been IteSSnSen violated, it shall be the duty of the district attorney in said county to move before the said court of special sessions for the forfeit lire of the recognizance. The said court of special sessions may, upon proof of the violation of any such recognizance, direct the same to be forfeited, by an order entered in their minutes; and the clerk of said court shall return the said recognizance, when forfeited, with a certified copy of the minutes of forfeiture, to the said district attorney, that it may be presecuted. Any act or behavior on the part of the principal in such recognizance which would have been cause for an order to find surety for good behavior or to keep the peace in the first instance, shall be deemed a breach of the condition of such recognizance. (^ip h in-i i ^ i § 14f 8. Whenever any recognizance to keep the peace, or to nnee, where be of good behavior, shall be discharged before the expiration of the period for which it shall have been taken, the court or magis- trate discharging may require, as a condition of such discharge, that a fine not to exceed the amount a police justice in said city is authorized to inflict for disorderly conduct tending to a breach of the peace, shall be paid, for the use of the city of New York. And all fines so paid into any police court of said city, or into the court of special sessions aforesaid, shall be paid into the city treasury, under like provisions as exist for the- payment of fines collected in either of said courts for the use of said city. c^£ b m£' ST ' £ 1^74. "Whenever complaint on oath or in writing shall be Breach of made before any one of the police justices, that any person has recognizance. committed a breach of the condition of any recognizance, the forfeiture and prosecution of which is provided for in section fourteen hundred and seventy-two, the said justice may issue his warrant for the arrest of said persons so complained of ; and upon said person being brought before him, the said justice shall proceed in the same manner, as far as practicable, as is prescribed 1881. ch. 442. by law for the prosecution, examination, discharge, committal, or bailing of persons charged with misdemeanors before police justices in said city. In case the person so complained of can- not be found within thirty days it shall be- the duty of said police justice to return said complaint to said court of special sessions in the same manner as complaints for misdemeanors are returned, with his certificate of the fact; and the said court of 1595. » Kl I • KJN1ZAN< BS. Bpeda] BOSBionG shall proceed thereupon a- provided in sections fourteen hundred and seventy-five, fourteen hundred and Beventy seven and fourteen hundred and seventy-* ight. g 1475. Upon such complaint, mentioned' in the preceding aSa^iiSt^ section, bein lnto in like manner as complaints in cases of misdemeanors are heard and determined in said court ; and if it shall appear to said court that the principal in such recognizance has committed a breach of the condition of such recognizance, the said court shall there- upon pronounce such judgment, and that the recognizance be forfeited as aforesaid. § 1470. The recognizance taken from any person so com- w.|0 plained of, in pursuance of the provisions of the last section but one, shall he exclusively for appearance at the court of special sessions aforesaid, and it may, as well as any other recognizance which the said justices may he authorized to take for the appear- ance at said court of sessions of any person charged with a criminal offense, or with any misconduct whatever, require as a condition of such recognizance, that in the meaptime and unt il such recognizance shall have been discharged, the said person so recognized shall keep the peace or he of good behavior, or both, towards the people of the State of New York ; and such recog- Recognizance 1 c id lor appearance. nizances shall be subject to forfeiture and prosecution in like manner as is provided in section fourteen hundred and seventy- two for the forfeiture and prosecution of recognizances hy the court of special sessions and district attorney aforesaid. § 1477. Whenever it shall appear to the said court of special m. sw. sessions that any breach of the conditions of any recognizance diuons. D has been made, the forfeiture and prosecution of which is pro- vided for in sections fourteen hundred and seventy-two, or fourteen hundred and seventy-six, the said court shall have power to cause the principal in said recognizance to be brought before it. If it shall appear that the principal cannot be found, then the said court sliall cause reasonable notice to be given to the surety or sureties, who. if the principal does not appear may come in and defend, but in case there be no appearance of prin- cipal or surety after such notice, or no defense, the said court may proceed to examine and determine the said matter with the like power, force, and effect as if the principal or surety, or both, were present and defending. § 1478. Whenever any person shall have been recognized to ap- p ui *^ er re pear at the said court of special sesaions, and shall have appeared nizance. as bound by such recognizance, and said court shall have heard the matter in pursuance of which such recognizance shall have been taken the said court mar. in its discretion, and if the PKOSKI i riON OF KEOOONIZANCKS. Act to apply in other I I8flt),ch.508,*ll, Coinp. 1415. Prosecution of recognizances. 1*11. y order, vacate and set aside any judgment heretofore entered, or that may he hen: after entered, upon the forfeiture of such recognizance against such principal or 'surety, or either of them, cm payment to the . ehamherlain of all costs included in such judgment, and of all expenses incurred in the apprehension or recapture of such principal. § 14s;?. Any one of the judges presiding at the court of gen- tern, oh. m. |i, eral sessions of the peace in and for the city and county of New u York, and any justice presiding at court of oyer and terminer in rouajudg said county in whichever court any recognizances shall he for- Mttf racogni feited may, upon the certificate of the district attorney that the ™S niay ^ people of the State of New York have lost no rights hy reason of the failure of a surety to produce a principal incompliance with the terms of a recognizance given hy them, and that hy reason of the principal being produced the said people of the State of New York aie in as good a position to prosecute said principal as when such failure occurred, whether such principal has been tried or whether a nolle prosequi has been entered or not, by order vacate and set aside or modify any judgment here- tofore entered or that may be hereafter entered upon the forfeit- ure of such recognizance against such principal and surety, or against oither, and as to either, on payment to the chamberlain of all costs included in such judgment or judgments, and of all expenses incurred in the apprehension or recapture of such principal, and if such fine shall have been paid or judgment col- Repayment of lected, in whole or in part, upon such forfeited recognizance, the > court may, in its discretion, direct the same or any part thereof to be remitted, and the officer, district attorney, or chamberlain, in whose hands the money remains, must pay the same or the part remitted, according to the order, retaining the costs, if any, as aforesaid. $5 14S4. The clerk of the county where said judgment is dock- id. ss. eted, upon the receipt of a duly certified copy of the order of [.iw. 1 "™'" such court vacating, remitting, or modifying such judgment, shall enter the same upon his docket, and the judgment referred to in said order shall thereupon be and become vacated, re- mitted, or modified in accordance with the terms of said order. § 14S5. Whene ver any magistrate in said city and county iaiocii.GO8.ii0, shall make an order requiring any person to enter into a recog- Sy^ ^ nizance for his appearance at any court in said city and county, ">« to ^ the said magistrate ma)- authorize any other magistrate of said city and county to let said person to bail, either before or after commitment; and any recognizance so taken sball be of the NO PEES TO BE RECEIVED FOK ABRE8T6, BT( . IWfcl, ch. II, S'J, < lomp, HOH. Power of police justices. IKIli, ell. nil. 8, $K, ( lomp. 1 IS5. Mail, by whom lo l)C taken. 1844, . li 818, Si ( lomp, yaw. Habeas corpus. liail )S4«. ch. SK. art 3, §7, Conip.1425. Pro vision re- specting bail. IS61. ch. 333, SI. Oomp. 1428. When fines re- duced or reinit- <«d. :»9 N. Y. 83. same power, force, and effect aw if taken by the magistrate making the order. 1407. A search warrant must be executed and returned to withinwhn ...... time warrant the magistrate bv whom it was issued, within rive days after its must be °* * ' " executed and date. After the expiration of such time the warrant, unless returned, executed, is void. § 140S. The warrant for the commital of the father of a has- j^;/^ 44 ^ tard must direct his committal to the city prison. The warrant for the committal of the mother of a bastard, or a woman preg- nant of a child likely to be born such, who refuses to disclose the name of the father must direct her committal to the city prison. 514 TIIK DlSTKNT ATTORNEY . Id. jjtfW. id. tsao. Id. |905. Id. Iiett. 866. jj J -I'.»9. Warrants for t lie committal of vagrants, who are improper persons to be committed to the alms-house, must be for their committal to the city prison or penitentiary. § 1500. An apprentice or servant, committed according to law, must be committed to the city prison. £ 1501. Undertakings given by persons charged with being disorderly persons maybe prosecuted in the name of the mayor, aldermen, and commonalty, and the amount collected shall be paid into the city treasury for the benefit of the poor. § 1502. Undertakings to obey an order in relation to the sup- port of a bastard, or of a child likely to be born a bastard, or of its mother, may be prosecuted in the name of the mayor, alder- men and commonalty, and costs may be recovered against the cil v in the same manner as in any other action. IK0. ch. *i Pomp. 13Hfi. 1868, ch. KM, $1 Com |>. 11(10. 1876, Oh, S59, |fi Gamp. 13«7. 1«75, Hi 480, $2 ( tomp. 13H« 1 R. S. ch. 5,,ti( I, $15. District attorney, salary of. Number of as- sistant district attorneys. 1823, ch. 25C, §2. Comp. 1400. Fees, how dis- posed of. Id. M. Comp. 1460. Duty of district attorneys In reference to fees of clerk. Title 8. — The District Attorney. i 1503. The district attorney shall receive for his services as such district attorney, a yearly salary of twelve thousand dol lars. which shall be paid in equal monthly payments. There shall be four assistant district attorneys for said county, who shall each receive a yearly salary of seven thousand five hun- dred dollars. The office is so far local as to require the residence of the district attorney within the city. § 1504. All fees which are by any law of this State allowed to or receivable by the clerk of the court of oyer and terminer and of the court of general sessions, shall continue to be col- lected and received by the said officer for the use of the mayor, aldermen, and commonalty, and said officer shall use his best endeavors to collect, or cause to be collected, all the fees incident to his office, and shall, at least once in every three months, ren- der a just and tine account,' under oath, to the comptroller of the said city, of all such fees so collected and received by him up to the time of the exhibition of the said account, and shall forthwith pay over the amount of the moneys so received to the chamberlain of the said city. ;> 1505. It shall be the duty of the district attorney to aid and assist the clerk of the court of oyer and terminer and of the general sessions of the peace, in the collection of such fees of his office as cannot be collected without legal assistance, and all fees of the said clerk collected by the district attorney, shall be accounted for by him, under oath, at least once in every three months, to the comptroller, in his regular quarterly accounts, and he shall also, immediately after such accounting, pay over the amount tfiereof to the chamberlain of the said city. COL'KT OK OYKK AND TKRMINEH. 515 Title ;>. — 2%e ( 'o"r/ <>/ Oyev and Terminer, $ l.'.ot'.. It shall and may be lawful for the hoard of aldermen to ikih, .-n. •■»:, ji. assign such place in the said city as may to them seem most con- • <' ducivo to the public convenience for the holding of the court of Oomp.wk oyer and terminer and jail delivery, to be held in and for the 1J 1509. All fines imposed by the court of oyer and terminer, i8», <±. sar, |T, except as in this act otherwise provided, may he at any time mp ' im remitted hy the judge imposing the same, and in addition to such remission the court may, in its discretion, substitute imprison- ment. All such fines shall be collected by and paid to the clerk of said court, and by him accounted -for to the chamberlain, with a statement under oath. § 1510. The clerk of the court of oyer and terminer and gen- ifflo, eh. is, p, eral sessions of the peace in and for the city and county of New cierkof the York, may appoint some proper person as deputy, to hold his SSSt ^deputy, office during the pleasure of the clerk ; who, whenever the said iW4*d£oa^ ; clerk shall be absent from the city, or by reason of sickness or any other cause, shall be incapable of performing the duties of his office, may perform all the duties required by law to be done by such clerk ; which deputy shall, before he enters on the duties of his office, take the oath of office prescribed in the constitution of this State, and as often as such deputy shall die, resign, or be removed* from office, or become incapable of executing the duties of the office, another may be appointed in his place. Every such appointment shall be in writing, under the hand of the clerk, and shall be filed in his office. 5 in JUDGES OF GENERAL SESSIONS. 4 K. S. oh. s, tiii>- 4, $«;, Comp. 139". Co. Civ. Proc. |iao3,Comp.!i030. 8lenotfrnplier. IS69, oh. .'.90, jl Com p. 1391. Salary of olork and deputy. 1 K. S. eh. 5, title 1, IIS. Comp. 113*5. §1511. The clerk of the court of oyer terminer shall, with- out requiring any lees, on the application of any person indicted in said court, issue subpoenas as well during the sitting of the court as in vacation, for such witnesses as defendant shall require, residing in or out of the county, which shall he made returnable at any day of the sitting of the court at which the attendance of the witness shall he required. 8 1512. The judge presiding at a term of the courtof oyer and terminer must designate a stenographer of the supreme court to act as stenographer for that term during its .sitting, who is not entitled to any compensation, in addition to his salary, except that if a copy of any proceedings, written out at length from the stenographic notes, is required for the use of the presiding judge or the district attorney, the stenographers fees therefor are payable, on his certificate, as a county charge. $5 1513. The clerk and deputy clerk of the court of oyer and terminer shall each be paid the sum of two thousand dollars per annum for services as such clerk and deputy. The office of clerk of the court of oyer and terminer and general sessions is so far local as to require tho residence of every person holding such office within the citv. 1881, ch. iU, ||u,ai, so. Its jurlsdk-- Hon. Id. §s:. Division of court. Id. §53. Parts, by whoia heUi. Title, 10. — The Court of General Sessions and its Judges and Officers. § 1514. The court of general sessions of the city and county of New York is a court of sessions and has original jurisdiction of criminal actions. It has jurisdiction: 1 . To try. determine and punish, according to law, all crimes, including crimes punishable with death or imprisonment in the state prison for life; 2. To exercise, in cases arising in the city and county of New York, the same powers as are conferred by statute upon courts of sessions in other counties; . 3. To try and determine any indictment found in the court of oyer and terminer of the city and county of New York, which has been sent by order of the court of oyer and terminer to and received by the court of general sessions; and, 4. To exercise such powers as. are now defined by special statute relating thereto. § 1515. The court of general sessions of the city and county of New York is divided into three parts. § 1516. Any one of the three parts of the court of general sessions of the city and county of New York may be held by the recorder of the city of New r York, or the city judge, or the judge of the court of general*sessions. A judge of the court of common pleas for the city and county of New york may also hold it. JUDGES OF UK NIC! I AT, SESSIONS. 517 § 1517. Each part of the court of general sessions in and for u |M the city and county of New York, may be held each month, iu duration commencing on the first Monday and continuing BO long as, in the opinion of the judge sitting, and of the district attorney, the public interest requires, hut one part only is required to be held during the months of July and August, and two parts only during the rest of the war. The court of general sessions is ]*'•'■ )"■ 5' empowered to extend any of its terms, and to make successive J;,'' extensions of any such term, and to make any adjournments of To extend tha the said com t, within its discretion, by anv order or orders to said terms and * [ i j j make effect duly entered in its minutes. adjournment* i 151S. It shall be the tint v of the commissioner of public >?»• v \?-?- * c ° * 1 tomp. 13S7. works to supply lit and proper accommodations for the holding ;VmsVor i,1m of said court, such as may be approved bv the court; and the '»k court. IBM ch \\'* said court of general sessions shall have the same powers to di- rect suitable provision to be made for its accommodation as those possessed by the supreme court. § 15K>. There shall be elected at the general annual election [^ m ^ h ^ ,$1 - in and for the city and county of New York, held in the month Recorder, of November, in the year eighteen hundred and ninety-four, elected, and in every fourteenth year thereafter, in the same manner ^259 5 ' chs that other county officers of said city and county are elected, a eJ m p.^3s*f°' sr recorder for said citv and count v. who shall hold his office for ;&»:. ch. w 53. J ' Comp. 1380. the term of fourteen years from the first day of January next successor, after said election; on which day he shall enter upon the dis- charge of the duties of his office. All laws relating to general elections shall be deemed to apply to the elections authorized by this section, so far as the same are applicable thereto. In case r ^ vl s ^°" ■ a vacancy shall occur in the office of recorder, by death, .resig- vacancy nation or otherwise, before or after said date, the board of alder- men are authorized to fill such vacancy. At the general election next ensuing the happening of such vacancy, an election shall be had for the full term. § 1520. The recorder is a magistrate. His salary shall be ch - 442 - twelve thousand dollars a year, which shall be paid in equal war, ch. tts, monthly payments, and he shall not be allowed any other com- is? 5, c°h™j*>. pensation for holding any other court or for acting in disposses- im, ch. ser, §3. sion or other judicial proceedings appertaining to his office. Coinp 1 § 1521. There shall be elected in the city and count}- of New ism. ch. 905.51. __. , Comp. 13h5. York, at the general election held in the month of November, in aty judge to b« the year eighteen hundred and ninety-two, and in every four- teenth year thereafter, a judicial officer, to be designated as the city judge, who shall enter upon the duties of his office on the first day of January next after his election, and hold his office for the J* 8 * **:J2?' **■ . Comp. 13S7. term of fourteen years. All laws relating to general elections Mode of •shall be deemed to apply to the elections authorized by this sec- r»ls .1 LOOKS OF (JKNKKAL SESSIONS. Successor. 1850, eh. 205, §6 C'omp. 1380. 1857. ch. 446, SIM, Comp i:ihi His powers. DC Nt Y. 070. ishv.'. ch. ir.\ I860, ch. 206, S3, Comp. vm. Co. Civ. Proc. §22*1. 1875, ch. 480, $1, Conip. 138C. 1872. ch. 367. |S, Oomp, 1388. Oftiee for. 1850, ch. 205, (j-l, Oomp. 1386. 1875, ch. 250, $1. Comp. 1387. Additional judge of court of general sessions. 1881. ch. 412. $147, Co. Civ. Proc. §2234. Id. §2. 1875, ch. 480. §1. Comp. 1386. 1872, ch*3G7. «3, Comp. 1388. 1857. ch. 446. §48, Comp. 1888. tion, so far as the same are applicable thereto. Such elections shall take place at the general election next preceding the expi- ration of the term of office of the person holding the same for the time being. If a vacancy occur in the office of city judge by death, resignation, or otherwise, before or after said date, it shall be filled at the general election held next after the hap pening thereof, and the person chosen shall enter upon the du- ties of his oflice on the first day of January next succeeding his election, and hold his oflice for the full term of fourteen years thereafter; but no election shall bo held to fill any vacancy, which shall happen between any election at which a city judge shall have been chosen and the first day of January next thereafter. In case of a vacancy the powei*s conferred upon the city judge may be exercised by any of the judges of the court of common pleas. The city judge is a magistrate. All judicial powers vested in the recorder of the city of New fork are conferred upon such city judge, and he shall, concurrently with said recorder, perform and discharge all judicial duties imposed upon such recorder. He shall have jurisdiction of proceedings for the removal of persons from real property where the property or any portion thereof is situated in said city. He shall receive for his services as such city judge a yearly salary of twelve thousand dollars, which shall be paid in equal monthly install- ments. No other compensation shall be allowed to him for holding any other court or for acting in dispossession or other judicial proceedings appertaining to his office, 1522. The city judge shall have an office to be provided and properly furnished by the city of New York, and shall attend thereat at all reasonable hours for the transaction of business, except when engaged in holding court. § 1523. There shall be elected at the general election in No- vember, eighteen hundred and eighty-nine, on the expiration of the present term of office, and in eveiy fourteenth year there- after, a judge of the court of general sessions of the peace, and who shall be designated " the judge of the court of general ses- sions," and who shall have the same power, authority, duties, and privileges in all respects as the city judge of said city. He is a magistrate. He shall have jurisdiction of proceedings for the removal of persons from real property, where the property or any portion thereof is situated in the city. The judge of the court of general sessions shall hold office for the term of fourteen years, to begin upon the first day of January next following his election. He shall receive for his services as such judge of the court of general sessions a yearly salary of twelve thousand dol- lars, which shall be paid in equal monthly installments. No other compensation shall be allowed to him for holding any CLKKK OF (J F.NF.U A I. SKSSIONS. 51H other court or for acting in dispossession or other judicial pro- ceedings appertaining to his office. §1524. He shall have an office to he provided and properly oomp.i8M. furnished by the hoard of aldermen, and shall attend thereat at all reasonahle hours for the transaction of business, except when engaged in holding court . po'iniea- com 't shall appear to lie necessary ; the salaries shall be paid out Salaries, how of the city treasury, in monthly installments ; but the salary of each officer or attendant shall in no case exceed twelve hundred dollars per annum, and the salary of each officer or attendant appointed after May twenty-ninth, eighteen hundred and eighty, now removed, shall be one thousand dollars. Such officers may be removed by the court, but their successors shall be appointed by the judges ' of the court ; provided, however, that no other officers or clerks shall be appointed by said judges than is by law provided for. iS5o. ch. 337, § 1 535. All the provisions of law whatsoever in force on Api il twelfth, eighteen hundred and fifty-five, relating to courts of oyer and terminer, and regarding trials of indictments for capi- tal offenses and for offenses punishable by imprisonment in the State prison for life, and regarding sentences thereupon, - and writs of error, bills of exceptions, certiorari.-;, and writs of habeas corpus arising upon trials of such indictments, are hereby ap- plied to the said court of general sessions except as modified by acts passed after said date. Comp. 1389 Application of laws. P0WER8 OF M>i in OF GENERAJ SESSION'S. OXl S 1630. Every oonvietion lor a capital offense, or lor one 11 >; , . ° • IIS llllli'M.I. (I punishable as a minimum punishment hv imprisonment in State 1 'ill i prison for life, shall bo brought before the supreme court and ::>s.\ court of appeals from the said court of general sessions!))' a writ of error, with a stay of proceedings as a matter of right ; and the said appellate court may order a new trial, if it shall be satisfied that the verdict against the prisoner was against the weight of evidence or against law, or that justice requires a new trial, whether any exception shall have been taken or not in the court below. § 1537. The court of general sessions shall have power at all ''l,,^',.,,,, .. times to make rules and regulations tor its government and con- 00011 ' " I duct, and to enforce the same by imprisonment for contempt, or by fine, or by both. It is a court of record. § 153S. All fines imposed by the court of general sessions may SLL 7 ' be remitted by the judge imposing the same, and in addition to such remission the court may, in its discretion, substitute im- prisonment. All such fines shall be collected by and paid to the clerk of said court, and by him accounted for to the chamberlain with a statement under oath. -> * ~r>r> rm j • n ■% • -■• 1880. ch. 42, $2, 1^39. Ihe time for drawing a grand jury to serve at any Comp. 1898. term of the court «of general sessions, shall be at the time of drawinggrana drawing the names of jurors for the trial of issues of fact in said iseeco. csv. court ; and all the provisions of law in relation to grand juries, uas. ' the return and summoning of the jarors, their powers, duties, and liabilities for neglect, are declared to be applicable to the grand jurors so to be drawn, except as otherwise specially di- rected. § 1540. In all complaints of assault and battery, tried before [^p 1 ^* 11 '- the court of general sessions in the city of New r York, the said cost of trials liii ■ • i ii ■». , for assault and court shall have power, m its discretion, to order the complainant battery, to pay the costs incurred by reason of such complaint, and to commit such complainant to custody until such costs be paid : provided they shall be satisfied that su?h complaint was ma- licious, or without any reasonable or probable cause, and provided such imprisonment shall not exceed two days. Title 11. — The Police Courts and Justices and their Powers. 1881, ch. 442, § 1541. The police justices shall be eleven in number, and they ss", . shall respectively be appointed on nomination by the mayor and r s °-^P. h 13 ^ » confirmation by the board of Aldermen. Any name once nomi- Coi °p- "° 5 - nated and rejected shall not be again submitted for either of said police justices justices, and the names nominated shall be acted on in the order appointed, of their nomination ; but confirmations may be made of any names nominated, though once rejected, and the mayor shall continue to nominate until everv ulace is filled. THIS roi.ICK JU8TICK8. IW3, ch. 538, )>r Comp. 139S. » Certificate of lippOillftTK'llt. Id. Solaris. tel.* V). Vacanei** - Id.SU Not to receive fees, etc. $ 154-j. Upon the completion of am appointnent of a police justice, certificates of the same shall be made out in dui>licitt<* by the clerk of the board of aldermen, dated on the day of any such confirmation, ami the same shall he signed by the mayor and president of the hoard of aldermen, of which one copy shall 1)0 delivered to the police justice BO appointed, and the other shall be filed by said clerk in the office of the clerk of the count) of New York, within twenty-four hour-, of the time of the said appointment. And from and after any such appointment BO certified, the person 30 appointed shall be deemed and taken to be a police justice of the city of New York, duly appointed, and shall take the proper oath. Such justices are magistrates. § 1543. The salaries of the police justices appointed hereun- der shall be eight thousand dollars a year, which shall not be di- minished during the term Of office, and shall be provided for and paid by the city of New York in equal quarterly install ments. § 1644. The terms of office of two of said justices in office at the passage of this act will expire on the fourth day of Novem- ber, eighteen hundred and eighty-two. the term of one other then in office will expire on the thirty-first day of December, eighteen hundred and eighty -three, the terms of two others then in office will expire on the fourth day of November, eighteen hundred and eighty-three, the term of one other then i.n office will expire on the twenty-fifth day of November, eighteen hundred and eighty nine, the term of one other then in office will expire on the eighth day of September, eighteen hundred and ninety, the terms of two others then in office will expire on the eleventh day of December, eighteen hundred and ninety, the terms of two others then in office will expire on the t wenty-second day of No- vember, eighteen hundred and ninety-one. Upon the expira- tion of any term or the happening of any vacancy (by death, removal, resignation, or other cause), in respect of an)* police justice (or his office), such vacant place or term shall be filled and supplied by the appointment of a new police justice for the residue of any such unexpired term, in case of a vacancy, or for a new term which shall be a term of ten years, in case of ap- pointment after the expiration of a term of ten years, as the case may be, under the provisions herein contained. $ 1545. No police justice appointed hereunder shall receive, enjoy, or share any fees, percmisites, or compensation of any- kind, directly, or indirectly, other than his said salary; nor shall he hold any other office, or carry on or be engaged or in- terested in any pursuit connected with the administration of justice, but shall devote his whole time and capacity, so far as the public welfare demands, to the duties of his said office. P.OAlil) OF l'OLICK .It STICKS. :>S.) $ 154G. Such appointed police justices shall constitute the »». cu.ws.si* board of police justices, and discharge the functions thereof, and juatiom may elect a president from their own Dumber, and remove him and elect a successor at their pleasure : and all the meetings of such hoard shall be* public, and all its proceedings shall be re- corded in its books of minutes by its secretary and shall be pre- served. Such board may designate a police clerk to act as sec- retary of said board, and from time to time substitute any other, and fix a reasonable compensation to be paid for the services of such secretary. Such board shall establish public rules relative M.-.tm, r - to its meetings, which, as far as possible, shall be held at regular times, for the order and transaction of its business thereat, for the keeping and preservation of the minutes of its doings, for the appointment of clerks and its other appointments, and for the public inspection of such minutes, under the care of the sec- retary, at reasonable times. Such board shall have the authority iv.n.o , -i.-.k- and duty of appointing all police clerks, but there shall be only Sr?* . 1 six such clerks, and of regulating the time, place, and manner of the discharge of the duty of such clerks. Such clerks shall respectively be appointed for the term of four years, and shall receive a certificate from such board stating such term and when it will expire ; and a duplicate of such certificate shall be filed by the secretary of such board in the office of the clerk of the county of 2s ew York; and before any such clerk shall enter upon ler^, eh. as, the discharge of his duty, he shall file in the office of the comp- is^chjsei.is troller of the city, a bond in the penal sum of five thousand dob Bonds of lars, with two sureties, and conditioned for the faithful dis- charge of his duty as a police clerk, and the due accounting for and payment of all money by him received as such clerk, and the form and execution of such bond shall be approved by a certificate of a judge of said superior court indorsed upon the same. Upon the question of any appointment of a clerk or clerk's assistant, the members of said board shall vote as their names are called by the secretary, and the vote of each member shall be recorded in such minutes, and a majority of the whole board voting together shall be required to appoint a police clerk; but the majority of the members attending any regular meeting of the board may appoint police clerks' assistants, interpreters, Interpreters, stenographers, and other necessary attendants, and may remove 6 the same, and the secretary shall record the vote of each mem- ber of said hoard ; provided, however, that such clerks' assist- ants, stenographers, and interpreters shall be appointed for a term of two years or to fill a residue of such unexpired term, and that such assistants shall have notice of the cause of their proposed removal, and an opportunity for an explanation in the presence of such board before they shall be removed, and the 521 do Mil) or rouu; ji sticks cause of any removal shall be briefly entered on such miii- BaiariM. ntes. The salary of such police clerks shall be four thousand dollars per year, which shall not be diminished during such term, payable quarterly, but the salary of the said clerks appointed after May twenty-ninth, eighteen hundred and eighty, shall be three thousand dollars per year, and none of them shall hold any other office or be interested in any other business connected with the administration of justice, but they, shall give their whole time to the duties of their clerkship, and shall reside in the city of New York ; and the police clerks' assistants and other assistants at any police court shall obey the reasonable directions of such police clerks; subject, however, to the proper orders of the police justices presiding and the board of police OampAm.' justices. The salary of the interpreters shall be twelve hundred dollars. Com£ h i40o!* 18 ' § 1547. The rules for regulating the business of the police Rules, etc. courts to be held by said justices and the business of said board of police justices heretofore by said board prepared, published, and a copy thereof filed, duly certified by the secretary of said board, with the clerk of the city and county of New York, shall, with any amendments which such board may make, publish, and file as aforesaid, so far as consistent with the constitution and laws of this State, be binding on said police justices and shall regulate the business of such police courts and boards. And among other provisions of said rales, for securing a vigor- ous, orderly, and just administration in said courts, they shall contain regulat ions : tohoU 1- As to the justices who shall hold such courts at times and places to be specified, and shall provide for a rotation of justices holding the same. "ours. 2. As to the hours when the same shall be open and when closed each day, and what officers and assistants shall be in at- tendance. order of 3. As to the order of business and the manner of its dis- charge, including the taking of bail and entering into recog- nizances. Manner of 4. As to the manner in which the police clerks and their keeping 1 .record*. assistants shall keep complete records of the doings of said courts and justices, and perform their other duties in a uniform manner. cases of va- 5. As to the hearing and disposition of all cases of vagrancy, and of cases where the order of the police justice may deprive any person of his or her liberty, or impose a fine. Disposition of 6. As to the collection and disposition of any moneys by any police clerk, and as to keeping accounts of the same ; and ULLKS AND HEPOKTS. 525 IlllVf IXM'II IIIU'll- Publicity of 7. Providing for tho keeping by such police clerks of books of Jj" ^ 1 ; records containing the names and sex, and, as near as may be, gg^jgg 1 the age of all persons against win 'oinplaints or charges have been made, the nature and date of the complaint or charge, and the name and residence of the complainant, giving street and number; the /late and nature of all warrants or other process issued, and against whom ; the dates, nature, and result of all examinations ; the date of the reception and the name and the disposition of all prisoners; the names of all persons waiving ex- aminations ; the names of all persons giving bail and its amount, and the names and residence of all bondsmen ; the name, resi deuce, and the age, as near as possible, and the sex of all per- sons committed, fined, convicted, held for trial, or sent to the sessions for trial, and for what cause, and by what justice, and at what date ; the date at which any fine or costs are paid, by whom, and the amount ; the name, residence, and age and sex of all persons discharged, by what justice, of what charge, and at what date, together with a suggestion of the cause of such discharge; the filing, care, and prosecution of recognizances; the name and residence of all attorneys appearing in respect of any chargo or on any hearing, and the reasons for any unusual delay in any proceeding. 8. And such rules shall contain proper provisions in regard records* to the publicity of any portion of such records under the au- S^onVtor tbority of the section fifteen hundred and fifty-tw r o of this act. ca " M ' But no charge, complaint, or person brought before one justice shall be sent before another, except for adequate cause, to be fully and at once entered upon the records kept by such police clerks and signed by the justice; no person shall be committed or recommitted for examinations, save for necessary cause, to be then stated clearly upon such records; the hearing upon no charge shall be adjourned to another day without the sugges- tion of the reason therefor being entered on such records, nor shall any charge he dismissed or any prisoner be discharged without record of the same having been before the justice so dismissing or discharging the same, and the name of such prisoner and the nature of the charge. § 154S. The said board of police justices shall have power to lseo.cbsofuai. o 1 Conip. 1-418. make needful rules and regulations for the maintenance of order May make rule* in and about the said police courts and court of special sessions lotions, and the offices appropriated to the use of the magistrates, clerks, and officers thereof respectively, and all persons willfully vio- lating any such rule or regulation may be arrested and pun- ished in the same manner as is now provided by law for the punishment of disorderly conduct tending to a breach of the peace in said city. 526 BULBS AND REPORTS. Id. |8S, 1878, ch.588, jjl4 Comp. 1-101. ■{••port tn !><■ mailt- niiiiiiallv Wliii I t. lain. !Sr3,ch. -138,115. Comp. 1408. Clerks to be responsible for records, etc. § 1549. The concurrence* of « majority of all the members of said board of police justices shall be necessary to adopt any reso- lution of said board. §1550. It shall farther be the duty of 'such board of poUoe justices annually, on or before the first day of December, to cause to be prepared by its said secretary, and to supervise a re- port, the original of which shall be filed in the office of the clerk of the city and county of New York, and to have as many copies thereof promply printed and published, in economical pamphlet form as may be possible, at an expense not exceeding one thousand dollars annually; but no more than one thousand copies Shall be SO printed in any year; and copies thereof shall be sent to the governor and mayor, and to the principal officers, libraries, and institutions in the city and State of New York, and a record of such distribution shall be preserved. Such re- ports shall set forth, beside the action of said board and its said rules, such general statistics and causes of crime in said city, and such explanations of existing deficiencies in criminal ad- ministration, and suggestions of remedies for the same, as said board of justices may think will be useful to the public. Said annual report shall also contain the separate reports which said board shall cause to be annually made to itself, under oath, by each of said police clerks, and which latter report shall set forth at least the following facts: First. The amount and kind of business done at each of the police courts of the city and before each police justice, and during what period each of said justices has officiated at any such court, respectively, during the pre- vious year, and during what hours such court has been open. Second. What services have been performed by each police clerk so reporting, the amount of money he has received as such clerk, from whom, naming each person, at what date and on what account; and the disposition made of the same. Third. And in general form, all the facts and matters which are herein provided to be contained in the records to be kept by such police clerks, so far as they relate to the previous year, but in conform- ity to the proper regulations to be made by said board of police justices; and especially all the facts required to be recorded under the fifth and seventh subdivisions of section fifteen hun- dred and forty seven, but the names of no persons proceeded against in said courts need be given. § 1551. Such police clerks shall be responsible for the records and papers pertaining to such police courts; shall cause them to be conveniently filed and indorsed; shall keep clear and full minutes of all business done at such courts or before such justices, as such rules may require, so that the disposition of and proceedings in regard to every matter and person brought before * I'OUC'K cl.KKKS AM) ('Ul HT UOOMS. a police justice or court shall appear; and fchey shall he responsi* hie to tlio hoard of polieo justices. 1552. It shall he the duty of said boa id t<» prepare, or cause to he prepared, the proper hlanks for making such reports, and to tahulate the facts contained in the separate reports of said police clerks, so that their said annual report shall clearly pre- sent the annual administration of justice in said police courts. And so far as a reasonable regard for the public interest may require, said hoard may prevent undue publicity of proceedings hefore any justice in respect of any charges, pending attempts to make arrests, and also in cases where there is good reason to think such publicity is sought for the gratification of malice or pernicious curiosity. § 1553. Every police clerk shall, on or hefore the fifth day of 1,1 *' : each month, pay over to the comptroller of the city whatever comptroller tq moneys have come into his hands as such clerk during the pre- vious month, and shall accompany such payment by a sworn return in writing, signed hy such clerk, in such form as such comptroller shall prescribe, setting forth from whom each por- tion of said money was received, at what date and for what ac- count it was paid; and the comptroller shall file and preserve such returns; and every warden of a prison, authorized to col- lect any fine, shall, at the same time and in the same manner as is provided in respect of said clerks, pay over to said comptroller all such moneys, and shall therewith deliver the like sworn re- turns as is required of such clerk. ^1554. The court-room and other rooms on the first floor of jwr,ch.5i. & the court-house building in the third judicial district, shall be set Court rooms, apart for the use and occupation of the second district police court. The board of police justices shall designate and regulate i*co, ch. bos, i .. the portions of the court house and place for the detention of comp. him. prisoners in the fourth district which shall he set apart for the use of the police justices. § 1555. It shall be the duty of the hoard of police to cause !878,ch.588,$i8, . , ... . . _ 1 Comp. 1403. some intelligent and experienced person connected with the Board of police police force to attend at such police courts in cases where there cnoed person is need of such assistance, who shall, to such extent as the rules atten '' ' ° nr1s of such board of police justices may reasonably require, aid in bringing the facts before such police justice in proceedings pend- ing in such police courts. £ 1 550. No person shall practice or be entitled to be heard, IJ § 19 - save in his or her own defence, before such police courts or jus- tVeV"fore prft< tices, except members of the bar of the- State of New York en- titled to practice before the supreme court ; and it shall be the duty of such board of police justices to investigate and report in writing upon cases of abuse of practice or violation of such rules. police courts. 528 REMOVAL OF POLICE JU6TII I . 1878,ch.48B,|20. Oomp. 1408. Removal of justices from office.. Id. $21. Charges i. -ii 1 1 1 - 1 a police iustii e Id. 522. Corap. UOJ. Hearing before court of com- mon pleas. by any attorney in respect of any proceeding before any such police justice or pending in a police court. The attorney affected shall bo allowed a fair opportunity for explanation, and shall answer all proper questions before such board. Such report of the board thereon, duly certified by the secretary, shall be filed in the office of the clerk of the county of New York, and a copy thereof shall be sent to the presiding justice of the supreme court in the first judicial department. § 1557. Any such police justice or police clerk may be re- moved by the court of common pleas for the city and county of New York, for either or any of the following causes: 1. For any cause for which a justice of the supreme court or a justice of the peace may now in any manner be removed. 2. For corruption and malfeasance in office. 3. For habitual neglect, carelessness, or inefficiency in the discharge of the duties of a police justice or clerk, or for willful disobedience to any of the provisions of this title. 155S. Whenever any judge (save of common pleas j or jus- tice having any jurisdiction in the city of New York, the mayor of said city, the district attorney of the county of New York, or any five taxpayers and residents of said city shall present to the chief judge of the said court of common pleas written allega- tions which, if true, would authorize the removal of any such police clerk or police justice therein named, said court shall promptly adopt and make public a set of rules, which it may from time to time amend, for the bringing and the regulation of proceedings before such court for the removal of any clerk or officer which, by law, it may be authorized to remove. Such rules, among other things, shall provide for charges to be made by any said officer or persons authorized to prefer such allega- tions, with the reasonable certainty for due notice thereof to the clerk or officer accused for due opportunity of hearing, on the part of such officer, and for the proceedings and final action, by removal or otherwise, on such charges by said court of common pleas. § 1559. Upon any such charges being thereafter filed with the clerk of said court of common pleas for the city and county of New York, against any police justice or police clerk, such court shall promptly proceed with the hearing and to the decis- ion of the same by removal or dismissal, according to such rules or as they may be amended. And on any such hearing the chief judge, or the other judge who may be selected by the judges to preside, shall have all the power of a judge holding a jury trial for the purpose of preserving order and of compelling the attend- ance and swearing of witnesses, enforcing answers to questions and punishment for contempt. Such charges shall be heard and THE POLICE .11 STICKS. "> - J!> decided in a summary manner, giving the clerk, officer, or jus tice charged clue opportunity of being heard summarily ; and in caso of removal the causes thereof shall bo assigned in the order of removal. The hearing shall be had in public in the rooms of said court of common picas, may be adjourned from time t<» time as justice may demand, and the clerk of said court shall make a record of its proceedings and preserve them in such hooks as would he used it' they were taken at a general term of Mich court. It shall he the duty of all the judges of such court of common pleas to attend such hearing, hut a majority of all the judges of such court in office at such time shall he a quorum and an order of removal signed by a majority Of such judges shall he valid and the act of said court. The vote on each charge shall he Openly taken and shall he recorded, and the order of removal shall he forthwith signed by the members of the court approving the same, and filed with the clerk of the county of New York, and a duplicate shall be recorded in the minutes of Mich hearing; and from the date of such filing the officer, justice, or clerk therein purporting to be removed, shall cease to be such justice, officer or clerk, and his office and position shall be deemed vacant. § 1560. Any wilful false swearing in any case where an ins,ch.68& oath is authorized or made under this act shall be deemed per- mp ' jury. ;S 1&61. it shall be the duty of the city of New Vork and its several officers to supply and pay for whatever may be neces- »«Hui,84 saTy for the transaction of the business of the police courts and board of police justices in sajd city, to supply all proper book-, stationery and furniture, and to pay all the salaries, compensa- tions, expenses, and disbursements herein authorized ; and for that purpose the board of estimate and apportionment shall an- nually cause the proper amounts to be levied, raised, and appro- priated for the purposes aforesaid, but the proper authorities of said city may require all such expenditures, and the number of persons employed about such courts and the salaries (save those herein affixed) to be no more than the public interest, in their opinion, require. §1562. In all cases of arrest for intoxication or disorderly cS&Aa! ,S6 ' conduct, in the city of New Vork the police justices shall have Intoxication or power, in addition to holding the party to baii for good behavior, <-«"^ct 1> to impose a fine not exceeding ten dollars in each Case, or to commit to the city prison not exceeding ten days, each day of imprisonment to be taken as a liquidation of one dollar of the fine. j> 1563. The police justices shall in every case of commitment i^.cti.^s.ii, for vagrancy, file»or cause to be filed i:i the office of thecl^rk a Corap Wm 530 THE I'OLICE JUSTICES. tteco ; .i i» vii record ol th<' proceedings had before them, oi either of them prancy cases to ... ' KefliMi. and such record shall contain, as part thereof, the proof* or con- fession taken by such justice, together with the prisonei V. < a atnination. Whidi record shall he substantially in the follow ing form: The undersigned, one of the police justices of the city of New York, hereby certifies that A B was this day brought before me on a charge of being a vagrant (or on his own confession, of being a vagrant, as the case may be), and that upon diligent ii; <|uiry and examination made of the charge so preferred against the said A B. and upon the proofs, and the examination of the said A B hereto annexed, it appearing that the said A B is a vagrant within the provisions of the statutes in such case made and provided; therefore, I. the said justice, did so adjudge, and thereupon I. the said just ice, by warrant under my hand and seal, committed him. the said A B, so adjudged to be a vagrant as aforesaid, to the penitentiary, workhouse, or almshouse, as the case may be. In witness whereof, 1, the said justice, have hereunto 9&i mj hand and affixed my seal, this day of \. n. 18 0. D, police justice. L L - 8.] iw^ch aw *"' § STo person committed to the penitentiary, workhouse, comp. im' or almshouse as a vagrant, as above directed, shall, unless upon .'K-wia-i'' 1 a writ of habeas corpus or certiorari, except by order of two of the commissioners of charities and correction, be discliarged be- fore the expiration of the term for which he was so com- mitted. ld $ 3 § 15G5. Any police justice violating any of the provisions of the two preceding sections shall be deemed guilty of a misde- meanor. 1844, ch. 315. §8, § 156G. In cases of complaints for assaults and batteries the Comp. 1419. ° . 1 Complaints for magistrate may require that the complainant pay the fees au- thorized by law. In case the examination shows that the com- plaint is just and legal, the magistrate shall return such fees to the complainant. Should said complaint be frivolous or mali- cious and untrue, the magistrate may charge to the complain- ant and receive from him, all the costs and fees now authorized in such proceedings, which costs and fees shall be paid to the clerks, who shall monthly pay all such fees into the city treasury, accompanying such payment with an affidavit or affirmation that the sums so paid are all the fees received by them for any matter or cause specified in this section. i86o,ch. 606, sis, 8 15C7. Any recognizance to keep the peace, or to be of good Comp. 1415. " %. * ■ <~> a m. i vj behavior, or both, taken by any police justice m said city, may be for any sum that any court in said city is authorized to fix in any such recognizance. THE COURT OF BPECIAL SESSIONS. 531 ;> 1468. The polios justices and persons acting by their orders ■•>> .m. v\ shall have power to examine (lie hooks of any pawnbroker, his i^-'. >\j*'- * ,; clerk or clerks, if they deem it necessary, when in search of Books of pawn stolen property, and any person having in his possession a I-xnmi™^' b " pawnbroker's ticket, shall, when accompanied by a policeman, or by an order from the Superintendent of police or captain of police, be allowed to examine the property purporting to be pawned by said ticket ; but no property shall be removed from the possession of any pawnbroker without the process of law required by the existing laws of this State, or the laws and ordi nances of tin? cit y regulating pawnbrokers. A refusal or neg- lect to comply in any respect with the provisions of this sec- tion, on the part of any pawnbroker, his clerk or clerks, shall be deemed a misdemeanor, and punishable as such, Title 1l\ - The Court of Special Sessions. §1569. The court of special sessions in the citv and county 18M « ch : of New York has jurisdiction : " Jurisdiction. I. To try and determine according to law all complaints for misdemeanors, unless the defendant elects to be tried at the court of general sessions, or the court of special sessions sends the case to the court of general sessions for trial ; •2. To remit fines imposed by it, and in place of the fine re- mitted, substitute, in its discretion, imprisonment; 3. By an order entered in its minutes, to declare forfeited the recognizance of a defendant, taken by the court, to appear thereat, upon his failure so to appear; 4. To impose the same punishment as is authorized by statute to be inflicted in like cases tried in the court of general sessions of the peace of that city and county ; 5. By warrant attested in the name of any one of the justices authorized to hold the court, signed by the clerk thereof, and entered in the minutes of the court, to enforce its judgments and orders; to bring before the court all accused persons for trial and judgment in all cases in which it has jurisdiction; to issue sub- poenas for the attendance of witnesses, attachment for con- tempt, and other process necessary for the proper conduct of the court ; 6. To require the principal in a recognizance to appear at the. court, and enter into a further recognizance to keep the peace, or to be of good behavior, or both, toward the people of the State, for a period not exceeding one year, and in default thereof - to commit him to prison till he be discharged therefrom according to law. § 1570. The police justices, by the vote of a majority, have id.**, the exclusive power^to appoint the clerk, deputy clerk, stenog- 532 THE CLERK OF SPECIAL SESSIONS. Id. itoi. Term of office. Id. JOT. Court, iv hen held. How consti- tuted. 1R58, ch. 2«2, M, Comp. 1 181 IKiH. cl). Jfi. ( 'omp. 1 fvtlnrv, etc. 1808, Cb. §2. Comp. 1 U'3 Duty of sucb clerks. Id. ja. Clerk to cer- tify sentences to "sheriff. 188l,ch.«2,§7«. In whit cases to proceed to trial. raphcr, Uiterpreteri and < 4 1k*i- officer of the court of special sessions. §1571. The term of office of the clerk and deputy clerk of the court of special sessions is the same as the term of office of the police justices of that city. ,4 1572. The court of special sessions may he held as often and at such times as'the justices thereof may think expedient. It may he held by any three of the police justices, who shall sit alternately, except that one of their number may be selected to preside; and the said justices shall meet in convention and assign the justices to hold the several terms of said court. § 1573. The salary of the clerk shall be six thousand dollars, and that of the deputy clerk shall be five thousand, and shall not be increased or diminished during their continuanoB in office. Such salaries shall be paid out of the treasury of the city and county of New York in equal monthly payments. Before en- tering upon the duties of their respective offices, the said clerk and deputy clerk shall severally take and subscribe, before the clerk of the county, the oath £>t office prescribed by the constitu- tion, which oath shall he filed in the office of the county clerk. They shall also severally execute a bond to the people of the State in the penal sum of one thousand dollars, with sufficient sureties, to be approved by the city comptroller, conditioned for the faithful performance of their duties according to law, which bond shall be filed in the office of the said city comptroller. § 1574. It shall be the duty of said clerk or his deputy to administer the oath or affirmation required by law to be admin istered in the said court ; to issue all subpoenas for witnesses on the part of the people, and to furnish, when required, the nec- essary blanks for witnesses on the part of the defense. § 1575. Whenever sentence shall be pronounced upon any person convicted of any offence in the said court of special sessions, the clerk thereof shall, as soon as may be. make out and deliver to the sheriff of the said city and county, or his deputy, a transcript of the entry of such conviction in the minutes of the said court, and of the sentence thereupon, duly certified by the said clerk, which shall be sufficient authority to such sheriff or deputy to execute such sentence, and he shall execute the same accordingly. § 1576. When the court of special sessions in the city and county of New York has jurisdiction, it must_ proceed to the trial, in the following cases : 1. When the defendant has requested to be tried in such court ; 2. When (having omitted for twenty-four hours to give bail, as required by the magistrate before whom he was brought, for POWERS OP COPUT Ofc' SPECPVP SESSIONS, his appearance at the next court of general sessions of the city and county of New York) a jury is not demanded by him, on being brought before the court of special sessions for trial. l. r >77. Tf, in the case mentioned in the second subdivision 6£ M - * 741 the last section, a jury be demanded, the court of special inndwt.iiimi* •~ j. j I n -x- - x , . , , " * _ , tram to pro- sessions must proceed to the examination of the charge, and <■ itoeauni i i i 11 i /» i ft % . nation of hold the defendant to answer or discharge him, m same manner char K « as the magistrate before whom he was originally brought might have done. 5 1578. The trial must, in all cases, be before the court ' d . 5 ;'' , I rial to Iw Without a jlll'V. before court. J » w ithout a Jur> ^ 157l>. Subpo'iias for witnesses, and the certificate of thejudg- w. ment, must be signed by the clerk of the court, who must also s I l ,i', I I !i 1 !;;, l l C. s '"' enter all the proceedings of the court, and the sentences upon cate/oPjuV convictions, in a book. of minutes, and when necessnrv. certify mrpVowedin'its • i j- «, of court and t tlO prOCeeamgS Of the COUrt. sentences upon § 15S0. Fines, imposed by the court, must be received by the id. §746. clerk, if paid before committal in execution of the judgment. commUtaTtn He must every thirty days, render to the comptroller of the ^ e ^ kl to city, accounts of the fines imposed and received by him. and of "l,",.', 1 ;;;!;!!",'/ the expenses attending the court . rendered § 1581. All lines, not paid to the clerk, as provided in the id. snr. last section, must be received by the sheriff of the city and ta^Sito 6 county of New York ; who must, within thirty days thereafter, account Hi8 pay them to the comptroller of the city, in the same manner as andToVhom' he is required to pay fines imposed by the court of general rendeml - sessions of the city and county of New York, and received by him. § 1582. No transcript of a conviction had in the court of special id. jtjs. sessions need be certified or filed ; but a copy of the minutes of of° conviction the conviction, certified by the clerk, is conclusive evidence of ceSflecTcopT the facts contained therein. § 1583. In all cases of misdemeanors in the city and county of New York where the accused, upon being arrested and Comp 142 °- i . , • - , .... .. tiii i Misdemeanors brought before the committing magistrate, shall elect to have may be tried by ,,. ° inn . , , , - . court of special his case heard and determined by the court of special sessions, session*, the affidavit of complaint shall be forthwith filed with the clerk of said court, to the end that said court may proceed to hear and determine the same according to law. If the accused be admit- ted to bail after electing to be tried by the court of special ses- sions, a recognizance shall be taken for the appearance of said accused at said court of special sessions, which shall also be filed with the clerk. of said court ; and if the accused shall fail to appear, pursuant to the condition of said recognizance, the said court shall, by an order entered in their minutes, direct the same to be forfeited, and the cbrk thereof shall return said of minutes.con • elusive evi- dence. 1859, ch. 491, {1, 534 KECXKJNIZA.WKS IN SPECIAL SESSIONS. Id. <*, C'omp. 1421. Powers of court. Id. |3. Witnesses inn}' be paid in cer* tain cases. I860, ch. 508. S35,Conip. 1418. ( Vrk to be provide*! with seal. Id. §i:>, Comp. 1415. Keeopni/ancis. Id. sl3, C'omp. 141o. Laws relate e to recog- nizances to apply. 1633. ch. 313, Corap. 1119. recognizance, with a Certified copy of the minutes of the court forfeiting the same, to the district attorney of the city ami county of New York, to the end that said accused and sureties may he prosecuted thereon according to law. § 1581. Subpoenas for the attendance of witnesses, attach- ments for contempt, and other process necessary for the proper conduct of said court, shall he tested in the name of any one of the justices authorized to hold the court, and signed In the clerk. Subpoenas issued for the attendance of witnesses in said court shall he served by some proper person or persons, wider the direction of the clerk thereof. § 1585. When any person shall have been committed as a witness in behalf of the people of this State in any cause pend- ing in the court of special sessions, and it shall appear that such person is poor, the said court, in its discretion, may. by an order in its minutes, direct the county treasurer to pay such witness such sum of money, not exceeding ten dollars, as shall seem reasonable to the court. The clerk of said court shall immedi- ately make out and deliver a certified copy of such orfler to the person in whose favor the same is made, without exacting any fee for such service. Upon the production of such certified copy to the chamberlain, he shall pay to the person authorized to receive the same the sum of money so directed to be paid, which shall be allowed to said treasurer in his accounts. § 1580. The seal heretofore provided for the court of special sessions in said county, on which is engraved the arms of the State, and the words "court of special sessions, county of New York," shall continue t© be the seal of said court, and all pro- cess issued by said court shall be^sealed with the said seal and signed by the clerk of said court. § 15S7. Every recognizance for appearance at the said court of special sessions shall be returnable as heretofore ; and every recognizance for appearance at said court, or that shall be taken before said court, shall be subject to forfeiture and shall be prosecuted in the manner provided in this act for the forfeiture and prosecution of recognizances by the court of special sessions and district attorney. § 158S. All provisions of law in relation to the taking and discharging of recognizances to keep the peace in said city, by one of the police justices, shall apply as far as practicable, to the taking or discharging by the said court of special sessions of any recognizance authorized to be taken under the provisions of law. § 1589. All persons convicted in said city fo*r the violation of any law cognizable by -a police justice may, in addition to the fine or penalty, be required to pay the costs and charges accru- ing thereon. REPORTS OK CONVICTION'S IN SPECIAL SESSIONS. 53. r , S> 1590. Any recognizance to keen the peace or to be of good iwo.c^soe.jia, o J tri II o Corap. 1411. behavior, or both, by the court of special sessions may be for any sum that any court in said city was, on April seventeenth, eighteen hundred and sixty, authorized to fix in any such recog- nizance. is 1591. Whenever any magistrate in said city shall bind over, i*". rh.son. sir. , , Couip. nit;, or commit any person for his appearance at the court of special witn.-wn , , , , . iii bound over by sessions, to answer any criminal charge or oilier misconduct, he ,,■,,..-„, /1Ul .-.., may also bind over the witnesses for the prosecution to appear and be examined in the said court, in the same manner that any magistrate may bind over, by recognizance, witnesses to appear and be examined in the court of general sessions of the peace aforesaid; and the said court of special sessions shall have power to bind over, in similar manner, each and every witness for the prosecution, in any matter to be heard and determined by said court. All provisions of law in relation to proceedings after This act, no« 1 . . 1 . and when to orders for the recognizance of witnesses to appear at said court «ppiy- of general sessions shall, as far as is practicable, apply to any order to enter in recognizance made in pursuance of this section for the enforcement thereof; and all the provisions of sections fourteen hundred and seventy-two to fourteen hundred and seventy-nine, inclusive, in relation to the violation, forfeiture, prosecution, settlement, or discharge of any other recognizance shall apply, as far as practicable, to any recognizance taken under the provisions of this seotion. § 1592. The clerk of the court of special sessions shall, within C omi> h i475 ' $8 ' three days after the first day of each month, transmit to the cierk or court . • n i *-/• ..of special ses- secretarv ot state a transcript of the entry of every conviction sionsofthe l-i-i • i t i . .. . peace to trans had during the preceding month in the special sessions of the mit entry or ° r ° r conviction. said city and county, which transcripts shall contain the name of the offender, a description of the offense in such form as the said secretary shall prescribe, and the sentence upon each con- viction. $ 1593. An application for the allowance of an appeal from u*i.eu. 44s, 1 * 1 SS'51, too. a judgment of the court of special sessions, can be made only to Appeal front the recorder, or city judge, or judge of general sessions. The slsSons. affidavit and allowance of the appeal must be delivered to the clerk of the court of special sessions, within five days after the allowance of the appeal, and w T hen so delivered the appeal is deemed taken. 536 COMMITMENT <>F CHILDREN TO INSTITCTIONS. Title 13. — Commitment of Children to Incorporated Institutions. mi, ch. la;, |4, § 1594. The managers of the Society for the Reformation of ok amended T -i t-v n- . ,. . - 1865, ch. v.x $2, Juvenile Delinquents m the city of >c\v loik shall have power, of the mana in their discretion, to receive and take into the house of refuge established hy them, all such children, who shall he taken up or committed as vagrants, or convicted of criminal offenses, in the said city, as may, in the judgment of the court of general ses- sions of the peace, or of the court of oyer and terminer, in and for the said city, or of the jury before whom any such offender shall he tried, or of the police magistrates, or of the commis- sioners of charities and correction, he proper ohjects; and the said managers shall have power to place the said children com- mitted to their care, during the minority of such children, at such employments, and to cause them to he instructed in such branches of useful knowledge, as shall he suitable to their years and capacities; and they shall have power, in their discretion, to hind out the said children, with their consent, as apprentices or servants, during their minority, to such persons, and at such places, to learn such proper trades-and employments, as in their judgment will he most for the reformation and amendment, and the future henefit and advantage of such children, lew, ch. its, § 1595. It shall he the duty of all courts and magistrates hy Comp. 1783. whom any juvenile delinquent shall he committed or sent to the to U nscena°nnKe house of refuge, to ascertain the age of such delinquent hy such of delinquents. p r00 f s as ma y he in their power, and to insert such age in the order of commitment, and the age thus ascertained shall be deemed and taken to he the true age of such delinquent. In wnenmaiift cases where the age of the delinquent so committed is not so tain age of ascertained and inserted in the order of commitment, the said managers shall, as soon as may be after such delinquent shall be received by them, ascertain the age of such delinquent by such proof as may be in their power, and cause the same to be entered in a book to be designated by them for that purpose, and the age thus ascertained shall be deemed and taken to be the true age of such delinquent, id s* § 1590. All children under the age of sixteen deserting their deemed disor- homes without good and sufficient cause, or keeping company derychddren. w dissolute ot vicious persons against the lawful commands of their fathers, mothers, guardians, or other persons standing in the place of a parent, shall be deemed disorderly children, id. § 1597. Upon complaint made on oath to any police magis- magistrate to trate against any child within said county, under the age of issue warrant, gj^gg^ ^ j-, j g or j ier p aren t or guardian, or other person stand- ing to him or her in place of a parent, as being disorderly, such COMMITMENT OF CHILDREN To INSTITUTIONS. Magistrate or justice shall issue his warrant for the apprehen- sion of the offender, and cause hini or her to he brought hefore himself or any other police magistrate for examination. Jf such M » k ' <•■■-■ 1 ■■' J r ° conviction iukI magistrate he satisfied hv competent testimony that such person ; '"""< <•' ° VI j i house of is a disorderly child within the description aforesaid, he shall "'"»-'" make up and sign a record of conviction thereof, and shall hy warrant under his hand commit such person to the house of refuge, and the powers and duties of the said managers in rela- tion to the said children shall he the same in all things as are prescribed as to other juvenile delinquents received hy them ; provided, however, that any person committed under this sec- tion shall have the same right of appeal secured hy law to per- sons convicted of criminal offense ; hut on any such appeal mere informality in the issuing of any warrant shall not he held to he sufficient cause for granting a discharge. § 1598. Whenever it shall appear to the managers of the So- «n^ch.«»,|i, ciety for the Reformation of Juvenile Delinquents in the city of when man- New York, that any of the delinquents confined in the house of pfyTor'Snk'r refuge or under their care, shall have been guilty of attempting Unquentsto *" willfully to set fire to any building belonging to the institution countyjwa? or any combustible matter for the purpose of setting fire to any such building, or that any delinquent shall have been guilty of violence to any officer or inmate of the institution, or of openly resisting the lawful authority of the officers of the institution, or of attempting, by threats or otherwise, to incite others to do so, or shall by gross or habitual misconduct exert a dangerous and pernicious influence over the other delinquents, it shall be lawful for the said managers to submit a written statement of the facts in any such case to a justice of the supreme court in the first ju- dicial district, or the superior court or to a judge of the court of common pleas, and thereupon to apply to him for an order au- thorizing the temporary confinement of such delinquent for cor- rection in the penitentiary or county jail of the county of New York, or in the penitentiary or county jail of the county from which the delinquent was committed. § 1599. It shall be the duty of the justice or. judge so applied m. §2. to forthwith summarily to inquire into and take proof of the tota^SStS? facts of the case, and if it shall appear to him that the statement order" is substantially true, and that the case is one in which the ends designed to be accomplished by the institution or its general welfare will be best promoted by his doing so, he shall there- upon make an order authorizing the confinement of the delin- quent in the said penitentiary or county jail in the city of New York, or in the penitentiary or county jail of the county from which the delinquent was committed, for a limited period to be expressed in the order, and not exceeding the period of six 53S COMMITMENT OF CHILDREN TO INSTITUTIONS. Superintendent or Keeper to re- ceive delin- quents bo com- mltted. Id. 83. When to he returned tu house of i ef ll).'<- Jd. j4. 1'ernons not to he discharged. 1857, ch. 1MB, SSL a, us amended 1878, ch. 165. Jl. Oomp. 1788. months. And the superintendent or keeper of the said peniten- tiary or county jail determined upon by said judge and named in said order, is hereby authorized and required to receive sueh de- linquent and detain him during the period expressed in such or- der, unless the managers shall previously to the expiration of such period direct him to be returned to the said house of refuge. § 1G00. At the expiration of the period limited by the said order, or sooner, if the said managers shall direct it, the superin tendent or keeper of the said penitentiary or county jail shall re- turn such delinquent to the custody and care of the superinten dent of the said house of refuge to be further dealt with accord- ing to the laws, rules, and regulations ordained for its govern- ment. § 1601. No person convicted of vagrancy or of any criminal offense, and committed to or confined in the house of refuge es- tablished by the said society in the city of New York, shall be discharged by habeas corpus or certiorari from such confine- ment, on the ground that no certificate of such conviction has been filed, or on the ground of any variance, misdescription, misnomer, or any defects or imperfections in matter of form contained in the record, process, entries, judgment, order of commitment, returns, or other proceedings under or in pursu- ance of which such commitment was made; provided that such certificate be filed, or such variance, misdescription, misnomer or defect or imperfection in matter of form be corrected by order of the court before which such writ of habeas corpus or certio- rari is returnable. § 1602. Whenever any girl under the age of fourteen or boy under the age of ten years, shall be brought by any policeman, before the mayor or recorder, or any other magistrate of the said city, upon the allegation that such child was found in any street, highway or public place in said city, in the circumstances of destitution and suffering, or abandonment, exposure or neg- lect, or of beggary, specified and defined in section fourteen hun- dred and sixty-three of this act, and it shall be proved to the satisfaction of such magistrate, by competent testimony, that such child is embraced within the said section, and it shall further appear to the satisfaction of such magistrate, by compe- tent testimony, or by the examination of the child, that by rea- son of the neglect, habitual drunkenness, or other vicious habits of the parents or lawful guardian of such child, it is a proper ob- ject for the care and instruction of the American Female Guard- ian Society, such magistrate, instead of committing such child to the alms-house of said city, or to such other place, if any, as may have been provided by the common council thereof, in his COMMITMENT OF CHILDREN TO INSTITUTIONS. 539 discretion, by warrant in Writing, under his hand, may commit such child to the said society, to be and remain under the guardianship of its managers, until therefrom discharged iii manner prescribed by law. Such commitment shall be by war rant, in'substanee as follows: To J D , one of the policemen of the citv of New Form or com n tne chare York: You are hereby commanded to take charge of C — E , a child under the age of fourteen, who has been proved to me, by competent evidence, to be embraced within section fourteen hundred and sixty-three of the act entitled, etc., etc., giving the title of this act, and who also appeal's to my satisfac- tion to be a proper object for the care and instruction of the man- agers of the American Female Guardian Society, and shall de- liver the said child without delay to the same society, in Thir- tieth street, between Madison and Fourth avenue; and for so doing this shall be your sufficient; warrant. Dated this day , eighteen hundred But no variance from the preceding form shall be deemed material, provided it sufficiently appear upon the face of the warrant that the child is committed by the magistrate in the ex- ercise of the powers given him by this section. Any order so executed* made by any such magistrate shall be executed by any police- man to whom it shall be delivered by the magistrate, by convey- ing the child therein named to the Home for the Friendless, and such child shall be detained in said home until discharged or re- moved therefrom in the manner hereinafter provided. * 1603. Immediately upon the making of any such order, the 1857, ch. 249, «a. * 1 " 4. as amended magistrate making the same shall deliver to a policeman of the [^^-^ ■ SI - city a notice, in writing, addressed to the father of such child, if Duty of magi* its father be living and resident within the city, and if not, then to its mother, if she be living and so resident ; and if there be no father or mother of such child resident within the city, then ad- dressed to the lawful guardian of such child, if any, or to the person with whom, according to the examination of the child, and the testimony, if any, received by such magistrate, such child shall reside ; in which notice the party to whom the same i-: addressed shall be informed of the commitment of such child to the said Society, and shall be notified that unless taken there- from in the manner prescribed by law, within ten days after the service of such notice, the child therein named shall be deemed legally surrendered to said Society, for the purposes, and within the true intent and meaning of the sixth section of its act of in- . corporation, passed April sixth, eighteen hundred and forty- nine. Such notice shall be served by the policeman to whom it how shall be delivered, by delivering the same to the party to whom it shall have been addressed, personally, or by leaving it with ",40 COMMITMENT OF CHILDREN TO INSTITUTIONS. Id. H\ 6. Further duty of magistrate. Want of proof. Id. $7. Final order. Id. §8. Commitments for insufficient cause. some person of sufficient age, at tho place of residence or busi- ness of such party, and it shall l>e the duty of such policeman immediately to report the fact and the time and manner of £ucb service, to the magistrate. § 1004. If the party to whom such notice shall have been ad- dressed, or any other person, shall, within the time therein specified, proveTo the satisfaction of the magistrate issuing the same, that the circumstances of want and suffering, or other cirenmstances described in section fourteen hundred and sixty- three of this act, under which such child shall have been found, have not been occasioned by the habitual neglect or misconduct of the parents or lawful guardian of such child, then it shall be the duty of such magistrate, by order in writing, addressed to the managers of the said Society, to direct such managers to de- liver such child to the custody of the party named in such order, who shall thereupon be entitled to take such child away from the said Societ y. If* such proof shall not be produced within the time above prescribed, it shall be the duty of the magistrate by whom the child shall have have been committed to the said So- ciety, to make and transmit to the managers thereof a jioticein writing, to that effect. § 1005. If any child who has been {"previously arrested, and delivered to the parent or guardian, as hereinbefore provided, shall again be found in either of the conditions described in said section fourteen hundred and sixty-three, the magistrate before whom such child is brought, upon proof thereof, may forth- with make a final order for committing such child to the care and instruction of said Society, without giving the notice provided for in the last section but one. § 1606. If at any time after a child shall have been com- mitted to the said society, it shall be made to appear to the satis- faction of the board of managers of the said Society, that such child was on insufficient cause, false or deficient testimony, or otherwise, wrongfully or improvidently so committed, the said board of managers shall, on the application of the parents, guard- ian or protector, and also, if, after a child shall have been properly committed to the said Society, by virtue and in pursu- ance of the foregoing provisions, any circumstances should oc- cur, that, in the judgment of the board of managers of said home, would render expedient and proper the discharge of such child from the guardianship of said board, having a due regard for the welfare of such child and the purposes of said Society, the said board of managers, on the application of the parents, guard- ian, or protector of such child, may, in ther discretion, deliver up the child to its parents, guardian or protector, on such rea- ('I'M MITMKNT OK I'HlLDltKN TO INSTITUTIONS. sonable conditions as the said hoard of managers may deem rigid and proper. ■S 1007. The said managers shall have power and il shall be IfS^Se?' their duty, whenever any child intrusted or committed to their gj^f^ '- vl - chartre. shall, hv the commission of anv infamous crime, or hv Power* and du ° ' V • a a a a 8 ,,lou ' confirmed hahits of vagrancy, have hecome so degraded and de- win. based as to be an improper subject for their care and manage ment, to return such child to the committing magistrate, or other proper authorities, to be disposed of in due course of law. j>«i0os. Whevever any child above the age of seven and un- 1%]'$ dor the ago of fourteen years shall be brought by any policeman SsEchJw?, |i, before the mayor or recorder or any other magistrate of the said ^ mp,1 J?* city, upon the allegation that such child was found in any way, ;;;;|],'j£ ,I ^? tal street, highway, or public place in said city, in the circumstances "^ l ]"'\ bb K of want and suffering, or abandonment, exposure, or neglect. Qr ©f beggary, specified or defined in section fourteen hundred and sixty-three of this act, and it shall be proved to the satisfac- tion of such magistrate, by competent testimony, that such child is embraced within the said section, and it shall further appear to the satisfaction of such magistrate, by competent tes- timony or by the examination of the child, that by reason of the neglect, habitual drunkenness or other vicious habits of the parents or other lawful guardian of such child, it is a proper ob- ject for the care and instruction of the New York Juvenile Asy- lum such magistrate, instead of committing such child to the alms house of said city 01 such other place, if any, as-may have been provided by the common council thereof, in his discretion, by warrant in writing under his hand, may commit such child to said corporation, to be and remain under the guardianship of its directors until therefrom discharged in manner prescribed by law. Such commitment shall be by- warrant, in substance as follows : "To A. B., one of the policemen of the city of New York : You are hereby commanded to take charge of A. B., a child under the age of fourteen and above the age of seven jears, who has been proved to me, by competent evidence, to be em- braced within section fourteen hundred and sixty-three of the act entitled, etc., giving the title of this act, and who also ap- pears, to my satisfaction, to be a proper object for the care and instruction of the corporation created by an act entitled ' An act to incorporate the New York Juvenile Asylum,' passed June thirtieth, eighteen hundred and fifty-one, and to deliver the said child without delay to the said corporation, at its house of reception in this city, and, for so doing, this shall be your sufficient warrant. 542 COMMITMENT OF CHILDREN TO INSTITUTIONS. < >rder ho« executed. ]85r,ch.!H9, Jl I .is nui'-ndi'il 1HC0, CO. 245, J',* Conip. 17-10. Not ice of magistrate to father, etc. l»Abb. ft!. Id. |U, ns amended 18C6, cu. 345, $3. Service of notlco. Report of ser- vice to magis- trate. Record of service. In what case child to be sur- rendered to father, etc. " Dated this day of eighteen hundred Any order so made hy any such magistrate, shall be executed by any policeman to whom it shall he delivered hy the magistrate, by conveying the child therein named to the house of reception to he established hy said corporation ; and Biich child shall bo de- tained in such house of reception until discharged or removed therefrom in the manner hereinafter provided. . 1609. Immediately upon the making of any such order, the magistrate making the same shall deliver to a policeman of the city especially detailed for that service, a notice in writing, ad- dressed to the father of such child, if its father is still livi»g, and resident within the city, and, if not, then to its mother if she be living and so resident ; and if there be no father or rnotherof such child resident within the city, then addressed to the lawful guardian of such child, if any, or the persons with whom, accord- ing to the examination of the child and the testimony, if an v. re ceived by such magistrate, such child shall reside, in which no- tice the party to whom the saint! is addressed shall be informed of the commitment of such child to the house of reception of said corporation, and shall be notified that unless taken there- from in the manner prescribed by law, within twenty days after the service of such notice, the child therein named will be and become the ward of said corporation. ? 1610; Such notice shall be served hy the policeman detailed for that service, by delivering the same to the party to whom it shall have been addressed, personally, or by leaving it with some person of sufficient age at the place of residence or business of such party, and it shall be the duty of such policeman imme- diately to report the fact and the time and manner of such ser- vice to the magistrate, and enter in a book to be provided for that purpose, and kept at the house of reception of the New York Juvenile Asylum, the fact of having served such notice, the time and manner of such service, and the fact thus recorded shall in all cases be presumptive evidence of the proper service of such notice. If the party to whom such notice shall have been addressed, or any other person, shall, within the time therein specified, prove to the satisfaction of the magistrate is- suing the same, that the circumstances of want or suffering or other circumstances described in the said section fourteen hun- dred and sixty-three, under which such 'child shall have been found, have not been occasioned by the har itual neglect or mis- conduct of the parents or lawful guardians of such child, then it shall be the duty of such magistrate, by order in writing, ad- dressed to the superintendent of the house of reception of said corporation, to direct such superintendent to deliver such child to the custody of the party named in such order, who shall COMMITMENT OF CHILDREN" TO INSTITUTIONS. M: thereupon bo entitled to take such child from the said house of reception. But if such proof shall n<»t In* produced within the wi..n .>ro«r oi 1 ■ _ _ T * r . ■•inn, .in,. -hi time above des> magistrate to (five exclusive control of child to corporation. Duty of policeman. 1851, ch. 332.§14, as amended 18G6, ch. 245, §5, Comp. 1742. lYoceedings relative to children who leave home or associate with vicious per- sons, and who are complained of by parents, etc. ing about, will keep him or her on his own promises, or in some lawful occupation, and will cause such child to ho sent to some school at least four months in each year, until he or she becomes fourteen years old. Such magistrate or justice as aforesaid may in his discretion require security for the faithful performance of such engagement. If such child has no parent, guardian or master, or none can be found, or if such parent, guardian or master refuse or neglect for twenty days to enter into such an engagement, and to give such security, if required, such magis- trate or justice shall by warrant under his hand, commit such child exclusively to said corporation. If the engagement pro- vided for in this section shall be habitually or intentionally violated, such magistrate or justice shall, on complaint thereof in the manner already described in this section, cause such child to be again brought before him for examination, with notice to the person by whom the engagement was made, or if such per- son cannot be found, or no longer has the custody of such child, then with notice to the person having the guardianship or con- trol of such child, if any such person there be, to attend such ex- amination, and if the complaint shall be satisfactorily estab- lished, the magistrate or justice, as aforesaid, shall by warrant commit such child exclusively to said corporation. Nothing herein contained shall be construed to relieve the person who has so violated his engagement from the penalty prescribed by sec- tion second of chapter one hundred and eighty-five of the laws of eighteen hundred and fifty-three, and the provisions of that section are extended to this sectfon, as far as the same are ap- plicable. It shall be the duty of every policeman who shall find any child in the condition herein described, to arrest and to bring such child before such magistrate or justice, to be dealt with in accordance with the provisions of this section. The board of police are hereby authorized and required to make necessary and suitable regulations for carrying into effect the duty hereby imposed upon said policemen. § 1613. If any child in the city of New York, between the ages of seven and fourteen years, shall desert his home without sufficient cause, or shall keep company with dissolute or vicious persons against the lawful command of his or her father, moth- er, guardian, or other person standing in the place of a parent, then upon complaint upon oath by such parent, or other person standing in the relation of parent, any police magistrate of said city shall cause such child to be brought before himself, or any other magistrate or justice for examina- tion. If such justice or magistrate be satisfied by com- petent testimony that such child is one of the class of persons described in this section, he shall, by warrant under his hand, commit such child, in his discretion, to the charge of said cor- COMMITMENT (»[' ( 'If II.DKKN TO INSTITI TK )NS. 54S poration. Nothing in this section contained shall prevent pro- ceedings from being taken under other statutory provisions ap- plicable to the class of children described in this section. Per- sons committed under this and the preceding section shall he subjected to the same general treatment as other children com- mitted to the charge of said corporation, or voluntarily intrusted to it. § 1014. If any child who has heen previously arrested and M -* tt delivered to the parent or guardian, as hereinbefore provided, of child, shall again be found in either of the conditions described in said section fourteen hundred and sixty-three of this act, the magis- trate before whom such child is brought, upon proof thereof, may forthwith make a final order for committing such child to the care and instruction of said corporation, without giving the notice provided in section sixteen hundred and nine. £ 1615. If at any time after a child shall have been commit- m.|ib, ted to the said New York Juvenile Asylum, it shall he made to be disc harmed, appear to the satisfaction of the board of directors of the said asylum that such child was on insufficient cause, false or defici- ent testimony, or otherwise wrongfully or improvident!}" so com- mitted, the said hoard of directors shall, on the application of t he parents, guardians; or other protector of such child, discharge the child from the said asylum and restore it to such parents, guardian or protector ; and also, if after a child shall have been properly committed to the said New York Juvenile Asylum, any circumstances should occur, that in the judgment of the board of directors of the said asylum would render expedient and proper a discharge of such child from the said asylum, having a due regard to the welfare of the child, and the purposes of the asylum, the said board of directors on the application of the parents, guardian or protector of such child, may, in their dis- cretion, discharge the child from the said asylum and restore it to its' parents, guardian or protector, on such reasonable con- ditions as the said board of directors may deem right and proper. lGlt'.. The sakl corporation shall have power to return to ™ a * Ine "nded the committing magistrate, or other proper authorities, to be c^p h i7«!' $ *' disposed of in due course of law, any child whatsoever, who, for any reason in the judgment of the directors of said corpora- tion, shall not be a proper subject for its care. It shall also have In what case power to transfer such child to the custody of the commissioners return of public charities and correction, or to any other incorporated trat^orhand public institution for the care of vagrant, homeless, orphan or commissioner* ' ,' . , , „, , .... of public criminal children, and to make with such institution suitable charities and j . i> t correction. and needtnl arrangements for the care, support and education of such child. Said commissioners or such institution shall have COMMITMENT <>!• CHILDREN TO INSTITUTIONS. l'ower of said comnilwli hum i 1bT4. cu.3!)}, $3 Coup. 1752. ( 'ertaln chil- dren nmy be committed to Its care. 1*03. ch. 448, «8, 9. Comp. 1757. 1875, ch. 21N, $2, Com p. 1763. ('•'rtain chil- dren found clcs I ittlt<- to hi: committed to New York ( 'athollc Pro- tectory- 1671, ch. 83, Comp. 1762. Regulation concerning. Duty of policeman power on their part to receive; such child from the -New York Juvenile Asylum, and to enter into the arrangements for the care, support and education thereof heretofore specified in this section, anything in its charter or the laws governing it to the contrary notwithstanding. § 1C1T. The several magistrates in the city of New York, and the commissioners of charities and correction are authorized to commit and transfer to the care and management of the corpor- ation known as the Home for Christian Care such children or persons as may come under their jurisdiction, and who may he eligible hy the constitution and by-laws of the said corporation. § 101$. Whenever any child above the age of seven and under the age of fourteen years, shall he # brought by any policeman of the city of New York before any magistrate of said city or the court of special sessious, upon the allegation that such child was found in any way, street, highway, or puhlic place iu said city, in the circumstances of want and suffering or abandonment, exposure, or neglect , or of heggary. specified or defined in section fourteen hundred and sixty-three of this act, and it shall be proved to the satisfaction of such magistrate or court, by com potent testimony, that such child is embraced within the said section, and it shall further appear to the satisfaction of such magistrate or court, by competent testimony, or by the examin- ation of the child, that, by reason of the neglect or vicious habits of the parents, or other lawful guardian of such" child, it is a proper object for the care of such corporation, such magistrate, instead of committing such child to the alms-house of said city, or such other place, if any, as may, have been provided by the common council thereof, in his discretion, by warrant in writing under his hand, may commit such child to the New York Cath' olic Protectory, to be and remain under its care until therefrom discharged in manner prescribed by law. Such commitment shall be hy warrant, in substance as follows : " To A. B., one of the policemen of the city of New York: You are hereby commanded to take charge of C. D., a child under the age of fourteen and above the age of seven years, who has been proved to me, by competent evidence, to be embraced within section fourteen hunched and sixty-three of the act en- titled etc., etc., giving the title of this act, and who also appears to my satisfaction to be a proper object for the care of the cor- poration known as the New York Catholic Protectory, and to deliver the said child, without delay, to the said corporation, at its house of reception in this city, and for so doing this shall be your sufficient warrant. " Dated this day of , eighteen ." An order so made by any such magistrate or couit shall be guardian. COMMITMENT OF CIIILDKEX To INSTITUTIONS. .">47 executed by any policeman to whom it shall ho delivered hy the magistrate or court, by convoying tho child thoroin namod to the house of reception, established by said corporation, and such child shall he detained in such house of reception until dis- charged or removed therefrom in the manner hereinafter pro- vided. § 1010. Immediately upon the making of any such order the comp.Vw.'* 10, magistrate or court making the same shall deliver to a policeman ^eroSon 1 " of tho city, especially detailed for that service, a notice, in writ- chK&ofitM ing, addressed to the father of such child, if its father be living and resident within tho city, and if not, then to its mother, if she be living and so resident, and, if there be no father or mother of such child resident within the city, then addressed to the law- ful guardian of such child, if any, or to the person with whom, according to the examination of the child, and the testimony, if any, received by such magistrate or court, such child shall re- side, in which notice the party to whom the same is addressed shall bo informed of the commitment of such child to the house of reception of said corporation, and shall be notified that, unless taken therefrom in the manner prescribed by law, within twenty days after the service of such notice, the child therein named shall be committed to the asylum of said corporation. § 1020. Such notice shall be served by the policeman detailed for that service, by delivering the same to the party to whom it shall lutvu been addressed, personally, or by leaving it with some person of sufficient age at the 'place of residence or business of such party; and it shall be the duty of such policeman imme- diately to report the fact, and the time and manner of such ser- vice, to the magistrate or court, and enter in a book to be pro- vided for that purpose, and kept at the house of reception of said corporation, the fact of having served such notice, the time and manner of such service, and the record of such fact shall in all cases be evidence of the proper service of such notice. When- ever, after careful and diligent search and inquiry, the police- man whose duty it was to serve the notice above described shall not have found either the father, mother, legal guardian, or per- son with whom, according to the examination of the child, and the testimony, if any, received by such magistrate or court, such child shall have resided, it shall be the duty of the super- intendent of the house of reception to cause the following no- tice, with blanks properly filled up, to be posted up in a conspicu- ous place in the police station-house nearest the alleged residence of the child, viz.: M Notice. — this is to certify that . a child of about the age of years, hair, eyes, complexion, in height, and said to be of descent, was on the Id. Manner of service. Form of notice, Ms COMMITMENT OF CHILDREN TO INSTITUTIONS. l«G3.ch. »l«,jl2, Com p. 1*09. When chilil to be delivered to parent or . (111! •!■!>>. id. §r When child to be removed from house of reception to the asylum. Id. "14. When child to be discharged from asvlum. day of . eighteen , committed by lo tin- house of reception of the New York Catholic Protectory, and that after careful search and inquiry made by , neither the parent, legal guardians, nor persons with win. in -aid i-. alleged to have resided, can be found. "New York. , eighteen Superintendent." And the posting of said notice, as above required, shall be deemed as equivalent to having duly served it on the parent or guardian, or person with whom the child alleged he or she had resided, in cases where they or either of them could be found. 55 1G21. If the party to whom any such notice shall have been addressed, or any other person, shall within the time therein specified, prove to the satisfaction of the committing magistrate, or court, tbat the circumstances of want and suffering, or other circumstanct s above described, under w hich such child shall have been found, have not been occasioned by the habitual neg- lect or misconduct of the parents or lawful guardian of such child, then it shall be the duty of such magistrate, or court, by order in writing, addressed to the superintendent of the house of reception of said corporation, to direct such suj)erintendent to de- liver such child to the custody of the party named in such order, who shall thereupon be entitled to take such child from the said bouse of reception. >j 1»;22. If such proof shall not be produced witbm the time above prescribed, it shall be the duty of the magistrate, or court, by whom the child shall have been committed to the house of reception, to make and transmit to the superintendent thereof, a notice in writing to that effect, and thereupon the child named in such notice shall be removed from such house of reception to the asylum of said corporation. Whonenever the parent, guard- ian, or next of kin of any child between the ages of seven and fourteen years, about to be finally committed for any of the causes specified in the preceding sections, shah request the magis- trate to commit such child to said corporation, it shall be the duty of such magistrate or court so to commit such child. § 1023. If, at any time after a child shall have been commit- ted to the said corporation, it shall be made to appear to the satisfaction of the said corporation that such child was, on in- sufficient cause, false or deficient testimony, or otherwise wrong- fully or improvidently so committed, the said corporation shall, on the application of the parents, guardians, or other protector of such child, discharge the child from the said asylum, and re- store it to such parents, guardian, or protector: and. also, if after a child shall have been properly committed to the said corpora- tion, any circumstances should occur tlrat, in the judgment of COMMITMENT OF CHILDREN TO INSTITI TI< )NS 649 Trustees to have the con- trol of certain orphans and indigent tho said corporation would render expedient and proper a dis- charge of such child from the said asylum, having a duo regard to the welfare of the child, the said corporation, on the applica- tion of the parents, guardian, or protector of such child, may, at discretion, discharge the child from the said asylum, and re- store it to its parents, guardian, or protector, on such reasonable conditions as the said corporation may deem right and proper. § 1624. Whenever any child intrusted or committed to the q^ j7VI charge of said corporation shall, hv the commission of any in- when chin i. , -i -ii-i v. , bo returned to famous crime, or hv continued evil hahits, have become so de- committing <• ' m magistrate graded and dehased, in the opinion of the said corporation, as to he an improper suhject for its care, the said corporation shall have powei to return such child to the committing magistrate, court, or other proper authorities*, to he disposed of in due course of law. $ 1G25. The trustees for the time heingof the Hebrew Benevo- i2wn«ideS H lent Society, shall have the sole and exclusive custody and control compare?' 51 of the persons of such orphans, half- orphans or indigent children of the age not exceeding thirteen years, as they may agree to maintain, provide for, educate and instruct during the minority of children such orphans, half-orphans and indigent children, provided, that in respect to any orphan, its legal guardian or nearest relative, or one of the governors of the alms-house, and in respect to any half-orphans or indigent children, the parents or surviving parent, or legal guardian, shall consent, in writing, to such child being maintained, provided for, educated and instructed by said society, or that such half-orphan or indigent child shall be com- mitted to the care and custody of said society by any court, magistrate, or police justice of the city of New York, in any case where such court, magistrate, or police justice shall acquire jurisdiction under any law of this State, and in such case such court, magistrate or police justice shall have the like power and authority, with the consent of said trustees, to commit to the bvcou'moud care and custody of said corporation as can now be exercised in " ms ' stra es ' regard to any other public institution ; and the said corporation can, by agreement and transfer from every other institution hav- ing the legal custody of any orphan, half-orphan or indigent chil- dren, obtain the care and custody of such child or children, in like manner as by such aforesaid consent or commitment, and the said apprentice!" 5 trustees shall have the power and authority, on the arrival of any such orphan, half-orphan or indigent child at the age of thirteen years and upward, to bind them out to be taught and instructed in some necessary or useful employment, on such terms and restrictions, and to such persons and upon such conditions as the Te ™f. a " 1 iciven by super cause a notice substantially in the following form, with the intendent of . » * , house of reeep- blanks properly filled, and subscribed by the superintendent of tion relative to • deserted child, the said house of reception, to be furnished to the police commis- sioners, who shall cause the same to be posted in each of the police station-houses in said city, viz. : " Notice. — This is to certify that a child of about the age of , hair , eyes , color , was on the day of , 18 , found in the city of New York, abandoned or deserted, and has been placed in the custody »f the New York Infant Asylum, and unless reclaimed according to law, within thirty days, such child will remain in the charge and custody of said corporation. ''Dated 18 . Superintendent." Siu^c^p^iTes § 1629. If within said period of thirty days after such notice whendSfls shall have been so posted, any person claiming to be the parent claimed. or ] aw f u l guardian of such child shall make oath thereof before some magistrate of the city, such magistrate shall thereupon issue a summons to said corporation to appear before him, at a COMMITMENT OF CHILDREN TO INSTITUTIONS. 5M time and place to be specified, not less than two nor more than four days from the service thereof, to attend the hearing of said claim for such child, and with said summons shall he served a copy of the affidavit so made hefoie said magistrate. Cpon the hearing, if the claimant shall establish by competent testimony, to the satisfaction of the magistrate, that such claimant is the parent or lawful guardian of such child, such magistrate; shall thereupon make an older for the delivery of such child to such claimant. And the said claimant may thereupon remove the towhafccaaM said child from the custody of the said corporation; provided, mandedto J 1 . custody of however, that if it shall satisfactorily appear to such magistrate corporation that such claimant, from habitual drunkenness, or other vicious or depraved habits, or mode of life, or from indigence or lunacy, or other cause, is an unfit or improper person to have the care and custody of such child, he rhall thereupon dismiss the snid claim, and remand such child to the care and custody of said corporation. And in case upon the hearing the claimant shall fail to establish by competent testimony to the satisfaction of the magistrate that such claimant is the parent or lawful guardian of such child, then such magistrate shall thereupon dismiss the claim and remand the child to the care and custody of said corporation. , § 1G30. In case no such claim shall be made within said period cz££im. of thirty davs, or being made within that period, shall be dis- Time in which , . ii-i -ii children are to missed bv the magistrate, then such child shall remain and be remain in , - . , . custody of deemed to bo in the lawful care and custody of the said corpora- corporation, tion ; if a female, until the aje of eighteen years, and if a male, until the age of twenty-one years, unless sooner discharged by said corporation, as hereinafter provided. § 1031. If at any time within three years after any child, so w. §12. found abandoned or deserted as aforesaid, shall have been in- children to i<» trusted to the custody of said corporation as above provided, it parents, etc. shall appear to the satisfaction of the board of managers, or any justice of the supreme court or county judge, that such child was, for any cause, wrongfully or improvident!} 1 " so intrusted, the said board shall thereupon, on the application of the parents or guardian of said child, discharge the said child, and restore it to such parents or guardian. And in case at any time after such abandoned or deserted child shall have been intrusted to said corporation, it shall appear to the board of managers, having due regard to the welfare of such child and the purpose of said corporation, expedient or proper to discharge such child, the said board of managers may, in their discretion, thereupon discharge such child and restore it to its parents, guardian, or other pro- tector, on such reasonable terms and conditions as the said board may deem right and proper. 552 JURISDICTION CEDED TO THE UNITED STATES. IRCS, ch.lOfl, $13. Comp. 1770. In what CUM children may be delivered to magistrate, etc ' § 1032. Whenever any child being in the custody of the said corporation, shall, by the commission of any crime, or by con- firmed evil habits, have become so degraded or debased as, in the opinion of the board of managers, to be an improper subject for the care and management of said corporation, the said cor- poration shall have the power to deliver such child into the cus- tody of some magistrate or other competent authority of the city and county of New York, to be disposed of in due course of law. 1 R. fi. rh. L titles, $3, Comp. 1517. In the harbor of Now Vork. 1800, ch. 802, *8>. 2. 3, Comp. 1 130, 1525. 1873, ch. 320, {SI, 2, Comp. 1137. 1528. Jurisdiction ceded to United States over such lands. 1S06, ch. 154, $1, Comp. 1525. Consent of State given to purchase West Hank. Title 14. — Jurisdiction Ceded to the United Slides. $ ]•'»:;:;. Jurisdiction lias been heretofore ceded to tin 1 United States over the following described property: 1. Bedloe's island, Ellis or Oyster island, and Governor's island, but such jurisdiction does not prevent the execution on the said islands of any process, civil or criminal, issuing under the authority of this State. 2. So much and such portion or portions of the easterly end or extremity of the lands and lands under water, commonly known as the Battery extension, with the open slip or basin at the easterly end thereof, not exceeding two hundred and fifty feet, and necessary for the purpose of erecting and establishing a barge office and other suitable buildings and structures for the transaction of the public business connected with the United States revenue service, and for the landing of revenue and other government boats and barges for the use, convenience and ac- commodation of the United States custom house for the port of New York, together with the slip or basin eastwardly adjacent thereto, together with the passage of not less than seventy-five feet' in width from the aforesaid lands and premises, over and across the lands adjacent thereto, known as the Battery ground, for purposes of ingress and egress to and from Whitehall street, and the triangular piece of land, lying westwardly of and ad- joining the said lands and between such lands and' the slip or basin in the battery known, as the New Whitehall boat slip; but such jurisdiction does not impede the execution of any process, civil or criminal, except so far as such process may affect the real or personal property of the United States within the ceded territory. 3. Such portion of the lands under water comprising what is known as West Bank in the lower bay of the port of New York, and Old Orchard Shoals, as may be required and occupied by the United States in the erection thereon of wharves and ware- houses for the reception of goods and merchandise arriving in said port in vessels subject to quarantine by the laws of this State, but such cession is subject to the right to serve thereon Jl'KIKDICTION t'KDKI) TO THK I'NTTKI) STATKS. any process, either civil or criminal, issued under the authority of the laws of this State. 4. Robin's Reef, New York harbor, containing an area of less '"•'•<->i «j. ' ' ° ttl to 3. than one acre. The said jurisdiction is ceded upon the express wmp.im. condition that the State of New York shall retain a concurrent BtatootNm jurisdiction with the United States, in and over the property ooncurreni . Jurisdiction aforesaid, so far as that all civil and criminal process which may issue under the laws or authority of the State of New York may be executed thereon in the same way and manner as if such jurisdiction had not been ceded, except so far as such process may affect the real or personal property of the United States; but the jurisdiction ceded, continues in respect to said property so long as the same shall remain the property of the United States, and be used for public purposes, and no longer. 5. The land formerly const ituting a portion of the City Hall c^mpV™ 3, ; ' Park and now used as a post-office, together with such land ad- Xp. ims*' joining the same on the north,. which may hereafter be con- comp. isb. veyed to the United States by virtue of the provisions of chap- ^Vnvnt" 1 " ter thirty-three of the laws of eighteen hundred and seventy- J urls<,ictlon nine. Jurisdiction is ceded, upon the express condition that the State of New York shall retain a concurrent jurisdiction with the United States in and over the said land, so far as that all civil or criminal process, \s hich may issue under the laws or author- ity of said State, may be executed therein in the same manner as if such consent had not been given, or jurisdiction ceded, except so far as such process may affect the real or personal property of the United States. The jurisdiction ceded continues in respect to said land so long as the same shall remain the property of the United States, and be used for public purposes, and no longer. » G. The property fronting on Wall street, now occupied by i8w,ch. w, the United States as an assay office; and also the property north oomp. i5?o. of the same fronting on Pine street, and also the property ad- joining said Pine street property on the east, and now occupied by the United States for revenue purposes. The jurisdiction IS Condition upon ceded, upon the express condition that the State of New York (striven, shall retain a concurrent jurisdiction with the United States in and over the said property, so far as that all civil and criminal and other process which ma}' issue under the laws or authority of the State of New York, may be executed thereon in the same way and manner as if such consent had not been given or jurisdiction ceded, except so far as such process may affect the real or personal property of the United States. But the juris- diction ceded continues in respect to" said property, and to each portion thereof, so long as the same shall remain the property of the United States and be used for public purposes, and no longer. 554 COMMISSIONER OF JURORS. 1»52, ch. 123, SSI to 5, Comp. 1524. Consent of State Riven to purchase. State to retain concurrent Jurisdiction. 7. Thai certain tract, piece, or parcel of ground, real estat< and premises, lying and being in the first ward, and constituting the entire square formed by Wall, William, and Hanover streets, and Exchange place, and the building and improvements erected thereon, covering the whole of said square, and used for the purpose of a custom house. The said jurisdiction is ceded upon the express condition that the State of New York shall retain a concurrent jurisdiction with the United States in and over the said property, so far as that all civil and criminal pro cess, which may issue under the laws or authority of the State of New York, may be executed thereon in the same way and manner as if such consent had not been given or jurisdiction ceded, except so far as such process may affect the real or per- sonal property of the United States; but the jurisdiction ceded shall continue in respect to said property, so long as the same shall remain the property of the United States and be used for public purposes, and no longer. CHAPTER XIX. 187», ch. 26C. fl, Comp. 1495. Salary and allowance of commissioner. 66 N. Y. 162. 18T0, ch. 539, SIT, Corap. 1496. Salary of com- missioner. See 18T9, ch. 5 Daly, 485. 1*47, ch. 495, $2, Comp. 1495. Bond of commissioner. 68 X. Y. 162. Jurors. Title 1. — Hie Commissioner of Jurors. • § 1C34. The commissioner of jurors shall be paid in full satisfaction for his services a j-early salary of five thousand dollars. § 1G35. The commissioner of jurors shall be allowed, for con- tingent expenses, including clerk hire and all other incidental expenses, a sum not to exceed six thousand dollars per annum, which shall be audited and paid as the expenses of other officers of said city and county are audited and paid; and said salary and allowance shall be in lieu of all fees or compensation here- tofore a charge upon the county of New York, or the mayor, aldermen, and commonalty of the city of New York. § 1636. The commissioner of jurors shall execute a bond to the mayor, aldermen, and commonalty of said city, in the pen- 1 alty of five thousand dollars, with two sureties to be approved by the said mayor, conditioned for the faithful discharge of his duties. HOARD TO SELECT (JItAN'I) Jl'KoKS. § 1637. The commissioner of jurors shall he the judge of the <-i> . , , . Comp MM qualifications of grand jurors. He shall hear and determine all commissioner claims for exemption, and shall keep a record of all exempts, t'ermm°™uim!i and of the period of time for which said exemptions are allowed. f " r ' x "" ,>tlon Title 2.- -Grand Juror*, ' er aa such, and not following any other calling. 2i A practising physician, surgeon, or surgeon dentist having patients requiring his daily professional attention, and not following any other calling, and a licensed pharmaceutist or pharmacist while actually engaged in his profession as a means of livelihood. 3. An attorney or counsellor-at-law regularly engaged in the practice of the law as a means of livelihood. 4. A professor or teacher in a college, academy, or public school, not following any other calling. 5. The holder of an office under the United States, or tho State, or city or county of New York, whose official duties, at the time, prevent his attendance as a juror. G. A consul of a foreign nation. 7. A captain, engineer, or other officer, actually employed upon a vessel, making regular trips: or a licensed pilot, actually following that calling. 8. A superintendent, conductor, or engineer, employed by a railroad company, other than a street railroad company, or a telegraph operator, employed by a telegraph company; who is actually doing duty in an office, or along the railroad or tele- graph line of the company, by which he is employed. 9. A grand juror, or a sheriff's juror, for the year, selected pursuant to law. 10. An officer, non-commissioned officer, musician, or pri- vate, actually serving in a brigade, regiment, battalion, com- pany or troop, of the national guard of the State, uniformed and equipped, according to law, and faithfully performing his duty, by making the parades, and attending the drills, inspections, and reviews, required by law; or a general or staff officer, ac- tually, performing duty as such; or a person who has been hon- orably discharged from the national guard, after five years' ser- vice, in either capacity. 11. A person who has been honorably discharged from the military forces of the State, after seven years' faithful service therein. But in order to entitle a person to exemption, under this subdivision, his service must have been performed before 'the twenty-third day of April, eighteen hundred and sixty-two. EXCUSES FROM JTJEY DUTY. 55D Co. I Proc. either as a general or staff-officer, or as an officer, non-commis- sioned officer, musician, or private, in a uniformed battalion, company, or troop, of the militia of the State, and armed, uni- formed and equipped according to law; or a portion thereof, during that period and in that capacity, and the remainder, since the twenty-third day of April, eighteen hundred and sixty-two. as a member of the national guard of the Stat". 12. A person who, after faithfully performing the duties "i a fireman, in a fire company or tire department, duly organized according to the laws of the State, for live successive years, has been honorably discharged therefrom. 13. A person who is physically incapable of performing jury duty, by reason of severe sickness, deafness, or other physical disorder. 14. A person holding office under the tire or police depart raent of the city; or otherwise especially exempted by law. § 1655. The evidence of the right to exempt ion. as prescribed in the last section, is as follows: com P . uoi. 1. Under subdivision tenth thereof, where the applicant IS a right tocxpmp member of a company or troop, the certificate of the captain, or cas^" *" other commanding officer thereof, dated within three mouths of the time of presenting it. Or the commissioner of jurors ma}*, in his discretion, receivo the certified list, specified in the next section, as sufficient evidence thereof. Where the appli- cant is a regimental officer, or a sta IT- officer, the evidence of the right to exemption is the certificate of the major-general, or other officer, commanding the first division. 2. Under subdivision tenth thereof, where the applicant has been discharged, or under subdivision eleventh or twelfth, the certificate of discharge; and, where it does not show all the facts, the affidavit of the applicant, or of another person ac- quainted with the facts. 3. Under subdivision thirteenth thereof, the certificate of a re- liable physician, or the affidavit of the applicant, or both ; or any other evidence satisfactory to the commissioner. 4. Under any other subdivision thereof, an affidavit of the applicant, or an affidavit satisfactory to the commissioner, of another person in his behalf, stating the facts, entitling the ap- plicant to exemption. Each certificate specified in this section must be accompanied with satisfactory proof, by affidavit, of the genuineness of the signature thereto; and each affidavit and certificate must be filed with the commissioner of jurors, and must be kept open by him, at all reasonable times, to public in- spection. § 165G. The captain, or other commanding officer, of each PrCH ' company or troop in the first division of the national guard. .-.Co EXCUSES FKOM JURY DUTY. Military offi- cers required to certify to commissioner persons per- forming full military duly. W. >10*4, Conip. 150J. Jury' year; length of jury service re- quired and nllowod. Id. §1085. When court may tempo- rarily excuse juror from attendance. must deliver to the commissioner of jurors, on or before the first day of July in each year and at any other time when he may require it, a list, certified by him, containing the full name and residence of each member and officer of his company or troop, who is uniformed and equipped, and faithfully performs his duty, as prescribed in subdivision tenth of the last section but one. No other name shall be inserted in the list. The list must be filed in the commissioner's office. The major-general or other officer, commanding that division, must, when necessary, issue orders to cany this section into effect. He must also furnish to the commissioner of jurors, when so required, a list, certified by him, containing the name and residence of each officer or other member of that division, not comprised in the lists of the companies and troops. An officer who neglects or refuses to perform the duty specified in this section; or who includes, in a list certified by him, the name of a person who is not described in this section; or who gives a false certificate, in a case speci- fied in the last section, forfeits the sum of fifty dollars for each o flense. § 1657. The jury year, in the city and county of New York, commences on the first day of October. A person who has ac- tually served as a trial juror, in a court of record of the State, within that city and county, twelve days within a jury year, is entitled to be discharged by the court; except that he shall not be discharged until the close of a trial in which he is serving, when the twelve days expiie. A person discharged, as pre- scribed in this section, is thereafter, during the same jury year, exempt from jury service in any county of the State. Where ihe cert ificates of one or more clerks of the courts, made as pre- scribed in section sixteen hundred and sixty-two, show that a person is entitled to a discharge, as prescribed in this section, the commissioner of jurors must, upon request, certify to the fact. A person cannot serve as a trial juror in courts of record at more than two terms in a jury year. § 1658. The judge holding a term may, in his discretion, ex- cuse a trial juror from sevice at that term, for not more than three days at a time, where the exigencies of his business re- quire his temporary exemption. The judge may also discharge for the term one or more jurors, notified and attending, whose further attendance is not required for the trial of issues at that term. Or he may discharge, until a day certain, one or more jurors, notified and attending, whose attendance will not be re- quired for the trial of issues until that day. Each 'juror so dis- charged until a certain day must attend at the opening of the court on that day, and thereafter until he is discharged, without further notice. If he fails so to do. he is liable to the same CLERK'S It KTI" ItN OF Jl'KY SKUN K K. Co. Civ. lY<>c punishniciit, and the same proceedings must be taken, as if he had failed to attend at the time fixed in the notice given to him. ,^ 16.">1>. Except as prescribed in the last section, a court or a m »i*c. , . - ,, ' * j • i • In other cns<-«, judge shall not excuse a person liable to serve as a trial juror, jurortobe and duly drawn and notified, unless it is shown, by the oath onX!*'^' 5 of the juror, or, if he is unable to attend, by the oath of an- other person acquainted with the facts, that he is then neces- sarily absent from the city, and will not return in time to serve; or that the interests of the public, or of the juror, will be ma terially injured by bis attendance; or that he is physically un- able to serve; of that his wife, or a near relative of himself or his wife, has recently died or is dangerously sick. Where a per- son liable to serve is excused, in a case specified in this section, or where a person, notified to attend a term as a trial juror is entitled to and claims an exemption, he can be excused only by the judge holding the term which he has been notified to at- tend. Such an excuse does not extend beyond that term. § 1660. A person who has been notified to attend as a trial juror, and who applies to be excused, as prescribed in the last V omp ie0 t ■ J ' 11 Juror applying section, must bring the notice, if he has received it, into court, ■«■> '>•; jo j excused must and present it in open court to the judge; or, if he cannot per- produce notice. sonally attend, he must send it by a person capable of making the necessary proof in relation to his claim to be excused. A note of the excuse, and of the reason therefor, attested by the judge, who must append his signature or his initials thereto, must also be made upon the notice to attend; or, if the juror has not brought it into court, upon a separate piece of paper; which must be transmitted to the commissioner of jurors, by the clerk, as part of the return, made as prescribed in section sixteen hundred and sixty-two. § 1661. A person serving as a trial juror elsewhere than in a u. sioss. court of record is excused from jury duty in a court of record court C noTo n f only during the time of his actual service elsewhere. an L °xcuse. hen § 1662. The clerk of each court of record in the city and *' 08 ? f . ° ■* Clerk of C ourt countv of New York must, within ten davs after the close of to certify to J ' ' commissioner each term for which trial jurors have been drawn, or after the "nee e"cSse» discharge of the trial jurors, if they are discharged before the ^^ Btc - ot close of the term, return to the commissioner of jurors the cer- tified copy of the minute of the drawing of .the jurors, received from the sheriff, and the sheriff's return thereto, or a copy of each paper, certified by the clerk; together with each notice or other paper, attested by a judge, as prescribed in the last sec- tion but one. The clerk must also deliver to the commissioner therewith his certificate, specifying distinctly and in detail, as follows: Id. $1090. Commissioner of jurors to select trial jurors: his (fenernl po» ers Co. Civ. Proc. 11091. Coui]>. 1504. Commissioner may appoint assistants, etc., who may ad- minister oaths. Id. |1092. All public offi- cers required to aid the com- missioner. K62 CLERK'S, ktc, of commissioner of jukobS. \ J. The name and residence of each juror who attended and served; the number of days the juror attended for the purpose of serving; and the number of days he actually served. 2. The name and residence of each juror who was excused or discharged; with the reason therefor. 15. The name and residence of each person notified who did not attend or serve. i. The^Jjame and residence of each person fined, and the date and amount of his fine,, unless the tine has heen remitted, as prescribed in section sixteen hundred and eighty-two of this act. The return and certificate must he filed in the commissioner's office, and shall not he altered or corrected, except in pursuance of an order of the court. If a clerk fails to make a complete return and certificate as prescribed in this section, he is guilty of a contempt of the court; and the commissioner of jurors must institute the appropriate proceedings to punish him ac- ordingly. § 1003. Trial jurors must he selected hy the commissioner of jurors, who must alone decide upon their cmalifications and ex- emptions, except as otherwise expressly prescrihed in this title. But this section does not impair the right to challenge a particu- lar juror at the trial. The commissioner may issue to a person entitled to an exemption a certificate of that fact, which ex- empts the person to whom it is granted from jury duty during the time limited therein. He must keep a record of all proceed- ings before him or in his office. He is entitled to and must col- lect, for the henefitof the city, for a copy of a paper furnished hy him, the same fees as a clerk of a court of record. § 1004. The commissioner of jurors may from time to time appoint, and at pleasure remove, one or more assistants, clerks in his office, and messengers, and may fix their compensation, subject to the limitation fixed hy law as to the total expenses of his office. He may designate, in writing, an assistant to attend, in his place, the drawing of jurors for a particular term. The commissioner, or each assistant whom he designates for the pur- pose by a certificate, tiled in the office of the county clerk; may administer an oath or affirmation in relation to any matter em braced within the provisions of this title. § 1G05. The president and commissioners of the department of taxes and assessments, the police commissioners and all other public officers in the city of New York, must render to the com- missioner of jurors all the assistance in their power to enable him to procure the names of persons liable to serve as trial jurors. DUTIKS OF ( OM.MISSIONEK OF JURORS. jj 1000. The commissioners of I he sinking fund must take care ul skxo. that suitable rooms and other accommodations are provided for SeoaSSnSh the use of the commissioner of jurors. If, hy iho first day of b^£5i Boe ' March in any year, suitable rooms have not been provided for his use, for the year commencing on the first day of May next ensuing, he may- lease suitable rooms for that year and may pay the rent out of the money received by him for fines and penal ties. But a lease so made shall not take effect until a majority of the members of the board, specified in section sixteen hun- dred and eighty-seven, indorse thereupon a certificate signed by thcm, to the effect that, in their opinion such a lease is neces- sary, in consequence of the omission to make other suitable pro- vision, as prescribed in this section; that the rooms leased are required for the proper. performance of the duties of the com- missioner; that the rent payable therefor, by the terms of the lease is, in their opinion, reasonable; and that the lease is in all other respects fair, just and proper. §1607.,. The commissioner must commence the preparation of Id $ ia >'- lists of trial jurors in the month of May iu each year. For that be prepared, purpose the names of the persons liable to serve as trial jurors sionertodecido must be entered in suitable books, alphabetically, with the occu- tions - pation, place of business and residence of each, as far as those particulars can be conveniently ascertained. After the first day of June he must publish a notice, for at least ten days, in not less than six of the newspapers published in the city, that claims for exemptions will be heard by him. He may insert in or append to the notice copies of such portions of the statutes re- lating to jurors as he deems expedient. He must hear and de- termine all claims for exemption, and must keep a record of the persons exempted, and of the period of time for which the ex- emption of each is allowed. $ 1GGS. The commissioner may cause to be personally served Froc - on any person within the city a notice requiring him to comp.1303. attend at the commissioner's office at a specified time, not less be required to than twenty-four hours after the service of the notice, for the JuroAuawutj purpose of testifying concerning his own liability, or the liability of any other person, to serve as a juror. A person so notified must attend and testify accordingly. If he fails to attend, as Penalty for specified in the notice, for any cause except physical inabibty, ' s ° ience or if he refuses to be sworn or to answer any legal and pertinent question put to him by the commissioner, he forfeits fifty dol- lars for each failure or refusal. One or more successive notices may be served upon the same person, where he fails* to attend, as required by a former notice: and he is liable to the same pen- alty for e'ach failure so to attend. But the commissioner may, in his discretion, dispense with the personal attendance of a per- 564 DKAWINti TRIM, JTKOKS. Id. $1000. ( lommlssloner to return lists to county clerk; correc- tion of lists. Id. §1097. Old ballots to be destroyed nnd new i allots deposited : sup- plemental lists ; new ballots therefor. id. |iooa Comp. 1506. Number of jurors to be drawn for each term of court of record. Co. riv. Tree. §1009. When jurors to be drawn; what officers to attend drawing. son so notified, where another person, cognizant of the facts, is produced and testifies in his stead; and where a person lias so attended twice, be cannot he required to attend again in the same jury year. § 1GG9. On or before the first day of October, in each year, the commissioner must return to the clerk of the city and county of New York, to he filed in his office, certified copies of the lists, prepared by him, of the persons liable to serve as trial jurors in the courts of record for the ensuing jury year. He may, from time to time thereafter, strike from the lists kept by him the name of a person who is found by him to be exempt or dis- qualified. In that case he must record the reason why the name is stricken off. § 1G70. When the certified copies of the lists have been re- turned, as prescribed in the last section, the ballots for trial jurors used in the previous year must be returned by the county clerk to the commissioner, who must destroy those which are not required for the current jury year. The ballots for the cur- rent jury year must be prepared by the commissioner, who may use, for that purpose, so many of the ballots prepared for the previous year as he deems expedient. The ballots, so pre pared, must be delivered by the commissioner to the county clerk, and deposited by the county clerk, or his deputy, in a box, as prescribed in article second "of title third of chapter ton of the code of civil procedure. The commissioner may, from time to time thereafter, return certified copies of additional lists, containing the names of persons liable to serve as trial jurors, which were omitted from the former lists; and ballots contain- ing those names must be prepared in like manner and used for the residue of the jury year. § 1071 . The number of trial jurors to be drawn for each term, and each separate part of a term, of a court of record in the city, at which issues of fact are triable by jury must be fixed by a general order of the court, or, if it is not so fixed for a term or a separate part of a term, by a written order of the judge appointed to hold the same. The order, or a certified copy thereof, must be filed in the office of the county clerk. If the number has not been fixed, in either mode, at the time of the drawing, one hundred trial jurors must be drawn for each term, or for each part, if the term consists of two or more separate parts. § 1G72. On a da}', designated by the county clerk, not less than fourteen nor more than twenty days before the day ap- pointed for holding in the city a term of a court of record, at which issues of fact are triable by jury, the commissioner of jurors, in person, or by an assistant designated by him DRAWING TRIM. JURORS. tho sheriff of the city and county of New' York, in person, or by his under-sheriff; and one or more judges of courts of re- cord, residing in the city, must attend, at the office of the county clerk, to witness and assist in the d rawing of trial jurors for the term. £ 1 7:5. At least six days before the drawing tho county clerk *M1M°- must publish notice thereof in at least three newspapers pub- drawing lished in the city. He must also cause w ritten notice thereof to be served upon tho sheriff, the commissioner of jurors, and at least three judges of one or more courts of record, residing in the city. ;i 1G74. If at least one judge of a court of record, residing in 1,1 $ 1101 ■ ., ., i i . . „ . . Proceedings M the city, and also the commissioner of jurors, and the sheriff, \n omcersdouot person, or represented, as prescribed in the last section but one, " PI *' ar do not attend, the clerk, or in his absence, the deputy-clerk, must adjourn the drawing to the next day. Thereupon the clerk must forthwith cause to be served upon the absent commis- sioner or sheriff, and upon at least three judges of one or more courts of record, residing in the city, written notice to attend the draw ing upon the adjourned day. £ 1G75. If the officers specified in section sixteen hundred and Id . * lhyi seventy-two attend upon the adjourned day, but not otherwise, bedmwnoiL the clerk, or in his absence, the deputy clerk, must proceed, in their presence, to draw the jurors. § 167G. The drawing must be conducted as follows: 1. The county clerk or his deputy must shake the box con- Id § 1103 - taming the ballots, so as thoroughly to mix them. minute: 2. Ho must then, without seeing the name contained in any ballot, publicly draw out of the box one J>allot; and continue to draw, in like manner, one ballot at a time until the requisite number has been drawn. 3. A minute of the drawing must be kept by one of the at- tending officers, in which must be entered the name contained in each ballot drawn before another ballot is drawn. 4. After drawing the requisite number, the minute of the drawing containing the names of tho persons drawn, with the proper additions of each, and specifying for what court and for what term they were drawn, must be signed by the clerk or his deputy and the attending officers, and filed in the clerk's office. § 1G77. If the term consists of two or more separate parts, [tnVp.^io; the trial jurors for each part must bo drawn, and a minute of m.; where - * term consists the drawing must be made, signed, and filed, and the subse- p^ t woormore quent proceedings must be the same as if it was a distinct term. 566 FAILURE Or JUJIOK8 TO ATTKNJ). Id. $1105. Commissioner may issue notice to Jurors drawn. Co. Civ. Proc. 11100. Sheriff to no- tify Jurors and make return. Id. $1107. Clerk of rourt to certify as to mode of serv- ice. Id. S110X, as amended 1877, ch. 410. Court may or- der new panel to be drawn during term. Id. §1109. Comp. 1508. Court of record to fine juror for non-attend- ance; power to remit tine. § 1G78. The commissioner may issue to a trial juror so drawn a printed- «otice, informing him that he has been drawn, and will be duly notified by the sheriff, "and containing copies of such portions of this title as the commissioner deems advisable. § 1G79. The clerk must deliver to the sheriff a certified copy of the minute, or of each minute, if there are two or more. The sheriff must notify each juror named therein to attend the term or part for which he was drawn, by serving upon him, at least six days before the commencement thereof, a notice, addressed to him, stating that he has been drawn as a trial juror for and is required to attend the term or part specified in the notice. The notice may be served personally, or by leaving it at the juror's Ijpsidence or usual place of business, with a person of proper age and discretion. Before the commencement of the term or part, the sheriff must tile with the clerk the certified copy of the minute, with a return, under his hand, indorsed thereupon or annexed thereto, naming each person notified, and specifying the manner in which he was notified. § 1GS0. The clerk of each court, for a term of which trial jurors are notified to attend by the sheriff, must certify to the clerk of the board of aldermen each case where less than a ma- jority of the persons named in a minute of a drawing are re- turned as personally served. The board of aldermen are pro- hihited from allowing or paying any fees or charges to the sher- iff for notifying any of the persons named in that minute or for making a return thereupon. A clerk of a court who omits to notify the clerk of the board of alderman, as prescribed in this section, is liable to a penalty of one hundred dollars for each omission, to be recovered by any person suing therefor. § 1681. At any time* during the sitting of a term of court of record in the city, the court may direct an additional number of trial jurors to be drawn for the term, or for the part, at which the order is made. The order must specify the number to be drawn and the time of drawing. The drawing may be made either in open court, under the direction of the judge, or in the ordinary manner, except that notice is not required.. The sheriff must forthwith notify the jurors drawn, by such a notice as the court directs, to attend the term or part at the time specified in the order. § 16S2. Where a person, duly sworn and notified to attend a term of a court of record as a trial juror,' fails to attend at the time specified in the notice, or from day to day, the court, at that term, must impose upon him a fine of not less than fifty or more than two hundred and fifty dollars. A fine thus im- posed may be wholly or partly remitted, by direction of the judge, iu open court, before the end of the same term, BHERIFF'S JUR0B8. oCT how selected. Punishment for non-atteml nnce; clerk's and upon good cause shown, otherwise it shall not he remitted, except as prescribed in sections sixteen hundred and tighty-six and sixteen hundred and eighty-seven. Kach remission, so made « hy the judge, with the reason therefor, must he entered in the minutes of the* court. This section applies to a special juror as well as to an ordinary trial juror. § 1GS3. Where a person, duly drawn and notified, fails to at idjliio. tend and serve at a term of a court of record, as required hy tMurraSdand law, without having heen excused, the court, hesides imposing ™rv. I .*' lWt " a fine as prescribed in the last section, may direct the sheriff to arrest him' and bring him hefore the court ; and when he has been so brought, it may, in its discretion, compel him to serve. § 1GS4. A list of trial jurors for each of the district courts -m. sun must he selected hy the commissioner of jurors, and must con- fn™™ urn!'* sist of not less than fifty nor more than one hundred jurors. A person shall not he placed upon such a list who does w>t reside in the district in which the court is held. The judge of each dis- f^i^gf?* trict court must impose a tine of twenty-five dollars upon each person duly drawn and notified to attend the court as a trial juror who fails to attend as required hy the notice. The clerk of the court must, within ten days thereafter, transmit to the commissioner of jurors a certificate showing that the fine has heen imposed, and stating how the notice to attend was served upon the delinquent, in order that the same proceedings may be had as in the case of a delinquent juror in a court of record. A judge or a clerk who violates this section forfeits one hundred and fifty dollars for each offense. § 1G85. The hoard for the selection of grand jurors must, at Co. civ. Proc. . 51112 the time when it selects the grand jurors fpr each jury year, also sheriff's jury: select from the fists of trial jurors for that year the names 1 of not less than one hundred and twenty nor more than one hun- dred and fifty persons, to constitute the sheriff's jurors for that jury year. Tho commissioner of jurors must forthwith trans- mit to the sheriff of the city and county of 2s ew York a list, certified by him, containing the names of the persons so selected, with the proper additions of each, and showing that they have heen selected as prescribed in this section. The sheriff must cause ballots to be prepared as prescribed in article second of title third of chapter ten of the code of civil procedure, and to be deposited in a proper box. Where the sheriff is authorized or required by law to impanel a jury for any purpose, the requisite number of ballots must be drawn from the box, as prescribed in that article, by the sheriff, or by his under-sheriff or deputy sheriff. But the sheriff may, in his discretion, divide the names contained in the list into three pan°ls, each containing an equal number of names as nearly as may be. In that case, he must etc. 568 HO A HI) FOR KM OHOKMKNT OF JURY FINES. M. 11118, UN aincixlt-il 1879, ch. M2, Couip. iwj. Proceedings before commis- sioner. Co < St. I'roc. $1114. Board for en- forcement of jury fines ; proceedings before it. designate the months in which each panel will he used, so that the jury duty shall be distributed equally, as nearly as may be, among the jurors ; and ballots shall be deposited in the box at the beginning of each month, containing the naiu'-sof t ho jurors designated for that month. § 168G. The commissioner of jurors must cause a notice to bo served upon each delinquent trial juror returned as having been fined, stating the amount of the fine and the time at which he was fined, and requiring him to attend before the commissioner, at the latter's office, on a specified day and at a specified hour, and show cause, if he has any, why the fine should be wholly or partly remitted, or why payment of the fine should not be en- forced. The notice must be served at least six days before the day therein specified. If the sheriff's return shows that notice to attend a; atrial juror was personally served upon the person lined, tffb notice to show cause, as prescribed in this section, maybe served upon him either personally, or by leaving it at his residence or usual place of business, with a person of suitable age and discretion ; otherwise it must be served upon him per- sonally. If a person so notified fails to attend, the fine must be enforced. If he attends he may demand a hearing before the board for the enforcement of jury fines : otherwise the commis- sioner must decide with respect to the remission of the whole or any part of the fine, and the sufficiency of the cause shown, if any ; and his decision is conclusive with respect to that fine, unless thejoerson fined, within ten days thereafter, serves upon him a written demand of a hearing before the board of en- forcement. In that case the commissioner must appoint a time for the hearing, and the person fined must then attend without further notice. § 16S7. The presiding justice of the supreme court, in the first judicial department, *he chief judge of the court of common pleas, the chief judge of the superior court, the chief justice of the marine court, the mayor, the recorder, the city judge, the jildge of the court of general sessions, and the commissioner of jurors, constitute the board for the enforcement of jury fines. The board must meet at the office of the commissioner of jurors, on the last Monday in October in each year, and on the last Monday of each month thereafter, until and including the following month of June; and as much oftener as the business before it requires. Three members of the board constitute a quorum. The board, either upon a hearing or when acting upon the commissioner's decision, as the case requires, has exclusive power, except as in this title otherwise prescribed, to remit the whole or any part of a fine. The board or the commissioner may, in its or his discre- tion, hear testimony, or determine a case upon affidavits, and JUIfY FINKS. 509 may, from time to time, adjourn the hearing or final disposition of a particular case: g K'.ns. The hoard may compel the attendance of any person ,"„;,;!';•„, required to appear before it, as prescribed in the hast section but a ffi"*J> cm ' n one. It may issue a warrant, directed to the sheriff of the city and county of New York, commanding him to arrest and bring before the hoard a person who fails to attend at the time appointed for hearing his case, or to pay a fine imposed upon him and not remitted by the board. If a delinquent trial juror, duly drawn and returned by the sheriff as personally notified to attend a term, or personally notified to attend before the com- missioner, as prescribed in the last section but one, is, in the opinion of the board, able to pay his tine, the board may make an order directing the sheriff to arrest him, and imprison him in the county jail until the fine is paid, not exceeding thirty days. The sheriff must obey such an order. The board ma}' make an order directing that a person paying a fine imposed upon him, be excused from jury duty for a period not exceeding one year. 8 1689. After ten davs have expired since the final decision of 1,1 _ ., . . Commissioner the board of enforcement, with respect toa fine, as prescribed m tofesue warrant ' 1 5f -i to collect fines: the last section but one, if the fine has not been remitted or paid, sherurspowew ' and duties the commissioner must issue a warrant, under his hand, directed thereupon to the sheriff of the city and county of New York, reciting the facts and commanding the sheriff to collect from each person named in the schedule annexed thereto the sum set opposite that person's name in the schedule, and to pay over the same to the commissioner. The schedule must contain the names of persons fined and" notified to show cause, whose fines have not been wholly paid or remitted ; it must show the amount of each one remaining unremitted or unpaid, and the residence or usual place of business of each person fined, as far as it can be con- veniently ascertained. The sheriff must collect each fine, by a levy upon and sale of the personal property of the person fined, as prescribed by law, where an execution against property is issued upon a judgment rendered in a court of record. The sheriff is entitled in each case, to the same fees as upon such an execution, to be collected in, the same manner. He must return the warrant and schedule, with his proceedings thereupon, to the commissioner, within thirty days after the delivery thereof to him, and must then pay over the money collected, less his fees. His return, may be compelled by the supreme court, in the same manner as the return of an execution against property issued upon a judgment rendered in that court. For his failure to collect a fine an action may be maintained against him, in a case where such an action may be maintained by a judgment creditor against 570 JURY FINES. Co. Civ. I*roe. 41117. Comp. loll. Uncollected flues to be dock eted and enforced as lodgments. Id. $1118. Commissioner to receive fines, etc. His account ; now rendered and settled. a sheriff failing to collect an execution against property, and with like effect. The provisions of section sixteen hundred and ninety-two apply to such an action. § 1690. The commissioner must, within thirty days after the return of the warrant to him, file with the clerk of the court by which cadi uncollected fine was imposed, a certificate to the effect that the warrant has heen returned, and showing what fines remain uncollected. Thereupon the clerk must make, in the docket-hook of judgments kept by him, the same entries, as nearly as may he, with respect to each uncollected fine, as if it was a final judgment rendered in an action. If the fine wan imposed hy a court other than the supreme court, the clerk thereof must immediately transmit a transcript of the entries to the clerk of the city and county of New York, who must file it, and make the appropriate entries in his docket-book of judg- ments. The commissioner must pay the clerk's fees, at the rate allowed for similar servire-;, with respect to judgments. When the entries have heen made, the fine, with interest, becomes a lien upon the real property of the person fined, as if it was recovered hy a judgment in the same court ; and an execution to collect it may he issued, directed to the sheriff of the city and county of New Yofk, as upon such a judgment. The commissioner has, in relation to the execution and the satisfaction of the fine, all the powers of the attorney for a party recovering such a judg- ment, in relation to the judgment and the execution issued there- upon. §1691. The commissioner of jurors must receive all money paid or collected for fines or penalties, as prescribed in this title, and he may make all payments therefrom which he is author- ized hy this title to make. He must give a receipt for any money paid to him for a fine or penalty. He must keep a just and faithful account of all receipts and payments, by items, showing the name of the person from whom each sum of money was received and to whom each sum of money was paid, and must, at all reasonable times, keep his account open to public inspection. At fhe end of each calendar year his accouftt must be verified by his affidavit to the effect that it is in all respects just and true, and that he has not received any sum of money during the year for* which he has not charged himself in the account. The account thus verified must be aud- ited and certified by at least three other members of the board for the enforcement of jury fines, and the commissioner must thereupon pay over to the chamberlain "of the city the balance, if any, in his hands. The account thus audited and certified must immediately be transmitted by the commissioner to the clerk of the board of aldermen, and must be published in the news- PUNISHMENT YOU H 1*1 BEKY Ml .11 ROR 571 paper designated, as prescribed by law, for the publication of the official proceedings of city officers. §1092. The corporation attorney of the city of New York gfcOr. *»* must, when required l»v the eoniinissioner of jurors, prosecute corp.,niiior. « «• « i ii attorney to in the proper court an action for the collection of each penalty prosecute for 11 . a iHsnaltles; com incurred as prescribed in this title; unless hois satisfied, upon promise. etc.. an examination of the case, that there isa defense to the action. The action must he maintained in the name of the.mayor, alder- men, and commonalty of the city of New York, as plaintiffs. The commissioner, with the assent of the corporation attorney, may compromise, settle, or discontinue an action so Drought. From the proceeds of an action prosecuted to judgment and execution, or compromised as prescribed in this section, the corporation attorney may retain the taxable or taxed costs. He must pay over the remainder to the commissioner. § 1693. A physician who knowingly gives a false certificate, Comp, 1512. or makes a false representation, for the purpose of enahling or S^SmsV* assisting a person to he discharged, excused, or exempted from !"ff c SS? e cer service as a trial juror in the city and county of New York, is guilty of a misdemeanor. § 1691. A person to whom application is made, within the p^ons re- city of New York, by the commissioner of jurors, or hy his Jl^nform 1 ! authority, for information as to a fact, upon which the liability for^e?^!^. Of himself or any other person to serve as atrial juror depends, and who refuses to give information relating thereto, which he can give, or knowingly give-, false information relating thereto; or a person who knowingly makes to the commissioner of jurors, or to a person acting hy his authority, a false represen- tation as to the identity, residence, or any other matter relating to the liability of himself or any other person to serve as a trial juror, forfeits fifty dollars for each offence. j) 1C>95. A person who gives, pays, promises, or offers money £1^^,,^,,,. or any other thing to the commissioner of jurors, the sheriff, bribery of om », j . 7 cers, etc.. by the county clerk, or other clerk of a court; or to the deputy of, j " n>rs < irav - T ' or a person employed by, the county clerk or other clerk of a court; or to an officer, messenger, or other person, employed by the sheriff or the commissioner of jurors— >,f or the purpose of enabling or assisting himself, or any other person named or drawn as a trial juror, to evade, or to be discharged, exempted, or excused from service; or who knowingly makes a false state- ment or representation to a judge, the commissioner of jurors, or a member of the board of enforcement of jury fines, for such purpose; or who knowingly retains, conceals, suppresses, or willfully destroys a notice to attend, before the commissioner of jurors, or at a term of a court, or any other paper, relating to the liability to serve, or service, as a trial juror, left at the 672 AITOKTIONMLNT OK MARSHALS. id. §im Id. ; for officer accepting' hribfi. etc. Co. Civ. Proc. |11M. Comp. 1518. Id.; forconceal- inR offer to tnke bribe, etc. Id. 1125. False swearing ; v.lien perjury residence or place of business of another, who has been named or drawn as a trial juror, is guilty of a misdemeanor. The dis trict attorney must prosecute for each offense, specified in this or the next two sections, which comes to his knowledge. § 1600. An officer, or a person employed by the sheriff, by the commissioner of jurors, or by the county clerk, or other clerk of a court, who takes money, or any other thing as a gift, bribe, or payment, for the purpose of enabling or assisting a person named or drawn as a trial juror to evade, or to be dis < harged, exempted, or excused from jury duty; or who will fully and knowingly prevents or hinders the execution of any provision of this title, is guilty of a misdemeanor. g 1697. A person named or drawn as a trial juror, to whom cyi offer or suggestion to procure his discharge, exemption, or excuse from jury duty, for or in consideration of a corrupt inducement or reward, is made by any person, and who fails within twenty-four hours thereafter to inform the commissioner of jurors thereof, is guilty of a misdemeanor. § 1698. A person who swears falsely in an affidavit, or testi- fies falsely upon an incpiiry, made as prescribed in this title, is guilty of perjury, in a case where falsely swearing in an affi- davit used upon a motion in a civil action, or falsely testifying upon the trial of an issue of fact in such an action, would con- stitute that crime. CHAPTER XX. MARSHALS AND NOTARIES PUBLIC. Title l.—The Marshals. 1871, ch. 804, 61. Comp. 1479. 1875, ch. 349, Comp. 1480. 1873, ch. 835, §25, Comp. C8. Number and manner of ap- pointment of snarshals. Vacancies, how filled. 18C2, ch. 484, §4, Comp. 1475. 1875, ch. 349. Ccrop. 1480. "§ 1699. In eighteen hundred and eighty-five, the mayor shal) nominate] and, by and with the consent of the board of alder- men, appoint thirty-seven marshals, who shall hold their respective offices* for the term of six years from the first day of May in said year. Any person appointed after the commencement of the term ns herein pre- scribed shall hold only until the expiration of such term and until a successor is duly appointed and qualified. There shall be appointed in like manner, in every sixth year ACTIONS ON MARSHALS' BONDS. thereafter, the same number of marshals, who shall hold office for six years from the first day of May in the year in which they are required to be appointed. Tlie provisions of section one bundled and six of this act apply thereto. H u b of said mar shals shall be a resident of the district wherein the court for or to which he is appointed is located. Two of said marshals shall be assigned to tbo district' court in the district composed of the Twenty-third and Twenty-fourth wards. ;> 1700. No marshal shall be permitted to enter upon the aS^Hre!' **' duties of the office until he shall execute a bond, with two suffi- Hond. rient sureties, who shall be residents of and shall own real estate in the county of New York to the amount of double the penalty of the bond, to the mayor, aldermen, and commonalty of the city of New York, in the penal sum of one thousand dollars, jointly and severally to answer the said mayor, aldermen, and commonalty, and any parties that may complain, conditioned that such marshal shall well and faithfully execute the duties of said office of marshal without fraud, deceit, or oppression, such sureties to justify in double the amount of such bond. The said ^ppjpvai ot J . sureties. bond shall bo delivered to the mayor of said city for approval, who shall judge of and determine the competency of the sure- ties; and should he approve of the same, he shall note his ap- proval thereon, and shall cause such bond to be filed in the office Bondtobefued. of the clerk of the court of common pleas, within ten days after the same shall have been approved of by him, and he shall either approve of or reject such bond within five days after the same shall have been presented to him for that purpose. § 1701. Any person who shall be aggrieved by any official h ■ misconduct on the part of any marshal, and who may desire to bond ecutlon 01 prosecute his official bond, and who shall have first obtained judg- ment against such marshal for official misconduct, may move before a justice of the court of common pleas, at the chambers thereof, after giving such marshal and his sureties eight days, previous notice of intention so to do by personal service of said notice on them, stating when such motion will be made, and of the papers to be used on such motion, for leave to prose i cute such official. bond in his own name, and such leave shall be granted upon it appearing satisfactorily to such court: 1st. That a judgment has been obtained in his favor against such marshal for official misconduct, specifying the time when and the court whereby such judgment was rendered, and the amount thereof. 2d. That transcript of such judgment has been filed in the office of the clerk of the city and county of New York, specify- ing the time when soch'transcript was filed and execution issued, and that said sheriff has returned said execution wholly or 574 ACTIONS ON MARSHALS' BONDS. 1MB, eh, 464, ST Coiup. 1476. Where bond may be prose- Id. |& Transoript of judgment. To wbora exe- cution to issue. Id. |9. Comp. 1477. Bin try to be made on bond. Id. §10. Amount col- lected to be credited on bond. partly Unsatisfied, after having demanded payment thereof of such marshal; and his neglect or refusal to pay the same, and if any payments have been made on such execution, specifying the amount thereof, but where such marshal shall have died or removed from the county, a demand for the payment of the amount of such execution shall not be necessary. 3d. That such judgment is wholly or partly unpaid, specifying the amount uncollected or unpaid, and that the sure- ties have been served with the notice and papers hereinbefore mentioned. § 1702. Such justice.may order such bond to be prosecuted in any of the district courts or in the marine court, "and either of said courts shall have jurisdiction inactions brought on such bond, upon such leave being granted, and the said justice upon Maid motion may award the aggrieved party his reasonable costs on such motion, not exceeding the sum of ten dollars which shall be included in the judgment obtained upon such bond. § 1703. Whenever any judgment shall be rendered against any marshal or his sureties in the marine court, or in any of the district courts, a transcript therereof shall be filed in the office of the clerk of the court of common pleas, and from the filing of such transcript such judgment shall be deemed to be a judgment of such court, and shall be enforced in the same manner as other judgments of said court. And no execution on such judgment shall issue to any other officer than the sheriff, and all such executions must be made .returnable to the clerk of said court. § 1704. The clerk of said court shall make a memorandum on the official bond of every marshal, upon the filing of ever}' transcript of a judgment obtained against him and his sureties, and of the time when and the court whereby such judgment was rendered, and the amount thereof, and shall be entitled to a fee of fifty cents therefor, which the court rendering judgment shall have power to include in such judgment, together with whatever other disbursements are or may be necessarily in- curred in said action, and the said bond shall be" canceled to the amount of such judgment. § 1705. Whenever any action shall be commenced against the sureties of any marshal, and such sureties shall pay the amount for which such suit is brought, and the costs and dis- bursements incurred therein, or any part thereof, the party or parties so paying shall be entitled to have such sum so paid credited upon such bond, upon presenting the certificate of the plaintiff or his attorney in such action, acknowledging such payments to such clerk aforesaid, and upon such clerk indors- t < MANUALS I I 1 " 57! mg such payment on such lioud.il sli;i!l li.- ( ;i!i< » i«;d to the amount N paid. w a£eTiiVto the city and county of New York as he may deem necessary, iwo, ch. 180. {s. provided the number in commission at any one time shall not exceed twenty-seven hundred and ten. But there may be from time to time appointed, in addition to such number, one notary iro ch 8~ §1 on * ne application of each bank located in said city. At the time ^Th^l °f subscribing or filing the oath of office the clerk of the city and comp.1473. county of New York shall collect from the person appointed the NOTAKIKS PIBUC. ' sum of fifty cents, and the said clerk shall annually account therefor to the State treasurer. But such clerk shall be entitled ^X.l,T to retain from the gross amount so received the fees now noUrie * allowed hy law to him from the State for notify ingsuch notaries public of their appointment to office, for giving notice to the governor of such notaries public as have taken theoath of office, and for giving such notice of notaries public who have neglected to take the oath of office, or of vacancies created for any cause in such office. 1713. Any notary public appointed for the county of Kings, Queens. Richmond. Westchester, Putnam, Suffolk, and Rock- c2£^«8?' iU land, or for the city and county of New York, upon filingacerti- tf u^5abiie tied copy of his appointment, with Ins autograph signature, in n^, n ^; s yfi ,„ the clerk's office of any other of said counties, is hereby £3™£&nt- authorized to exercise all the functions of his office in such aT" other ' other of said counties, and also iu the county in which he re— 881(1 counUefl sides lor each of such counties, with the same effect as he now possesses by law in the county for which he is appointed. And ^UrtSorte the county clerk of any of said counties in whose office any notary public, appointed as aforesaid, shall have filed a certified copy of his appointment, with his autograph signature, is hereby authorized and required, whenever so requested, to subjoin to any certificate of proof or acknowledgment, signed by such notary public, a certificate under his hand and official seal, speci- fying that said notary public has filed a certified copy of his appointment, with his autograph signature, in his office, and was, at the time of taking such proof or acknowledgment, duly authorized to take the same, and that said clerk is well ac- quainted with the handwriting of said notary public, and verily believes that the signature to the said certifiate of proof or ac- knowledgment is genuine. And any conveyance so proved or conveyances ° " so acknowl- acknowledged, and having such county clerk's signature sub- J^ ' 1 " joined thereto, shall be entitled to be read in evidence or to "be evidence, recorded in any of the counties of this State, 578 DUTIE8 OF THE sIIFIUFF. ClIAI'TKK XXJ.' Amount of penalty In hl:t bond. I K. S. ch. IS, art. .">, $$08, on, Comp. 1-137. Filing of 1>ond : onth of suit t it's. 1.1. J75. Co. Civ. lYoc. jiao. Custody of in lis Co. Civ. I*roc. IMS. 1880, ch. 154. |1. Office to lie kept open every day except Sundays and legal holi- days. ( ifflce hours. When holiday falls on Sun-" dav. 18t<0. ch. 398, |1. Tin; ( 'or nt v Offk khs. Title I. The Sheriff. $ 1714. The bond to be executed by the sheriff of the city* and county of New York shall be in the penal sum of twenty thousand dollars, with two sureties. Every such bond shall be filed in the clerk's office of the county, and the clerk shall, at the- time of filing the same, administer an oath to each of the sure- ties named therein, that lie is a freeholder within this State, and worth the sum of twenty thousand dollars ; which oath shall be indorsed on the bond, and subscribed by each of tho sureties in the presence of the clerk, who shall, notwithstanding, judge of and determine the competency of such sureties. 1715. The sheriff shall have the custody of the jail used for the confinement of persons committed on civil process only, and of the prisoners in the same. The building now used as a jail for the confinement of such persons shall be and continue the jail of the city and county of New York for the confinement of such person-. The liberties of the jail are the whole of the city. § 1710. The sheriff shall keep his office open for the transac- tion of business every day in the year except Sundays; the first day of January, commonly called new year's d%; the twenty- second day of February, known as Washington's birthday; the thirtieth day of May, commonly called decoration day; the day observed as the anniversary of American independence: election day; the day appointed by the governor of this State as a day of general thanksgiving, and the twenty-fifth day of December, commonly called Christmas, from nine o'clock in the forenoon to four o'clock in the afternoon. Whenever any of the holidays mentioned aforesaid shall fall on Sunday, the Monday next fol- lowing shall be deemed and considered as the first day of the week or Sunday, and a public holiday. § 1717. All orders of arrest, warrants of attachment, execu- tions and proceedings to recover personal property in civil ac- tions, except when the sheriff is a necessary party thereto, made or issuing out of any court of record in the city and county of New York, whether by statute or otherwise, shall be issued to the sheriff onlv. SALAKY AND FEES «>»' *'<>i NTH < LKRK. § 171b. The sheriff shall, on the rhst day oJ e\eiy month, , 1 ^;; i i';'",Jf 4 " transmit to the secretary of state, a statement of the number of J*^,',"^? persons convicted in courts of special sessions during the pre- ceding month in New York. Such statements shall specify the crimes, the whole number convicted, sex, age, nativity, married or single, degree of education, religions instruction, parents liv- ing or dead, whether before convicted of any crime or not. and whether temperate or intemperate. All courts in the city 01 New York having jurisdiction in eases where criminal convic- tions are had, are hereby, for the purposes of this chapter, de- clared courts of special sessions, whether composed of one or more police magistrates. Title 2.— The County Clerk. S 1719. The clerk of the citv and county of New York shall mch- jap p u " * Comp. 1443. be chosen at a general election. § 1720. In every case where a vacancy shall occur in the office i k. b. ch. s, of clerk of the city and county of New York, the governor shall oomp. i4 : ;b. appoint some fit person who is eligible to the office to execute &mp h i4w.^' tin 1 duties thereof until it shall be supplied by au election. The Comp. 144:1. person so appointed, after taking the oath of office and execut- Zmwot^w. ing a bond, if one be required of the officer in whose place he shall be appointed, shall possess all the rights and powers, and be subject to all the duties and obligations of the officer to whom he succeeds. When the light of office of a person elected to the office of clerk shall cease before the commencement of the term of service for which he shall have been elected, a special election shall be held to elect a successor. § 1721. The office of clerk of the city and county is so far local as to require the residence of every person holding such office oomp'. was, within the city. § 1722. There shall be allowed to the clerk a salary at and ls^ch. 482, after the rate of three thousand dollars a year as his compen- H omp - ,m - J 1 Compensation sation, which shall be in lieu of all fees, perquisites, and emoiu- of cia*. ments for discharging the duties of county clerk, and for the per- formance of any other duty prescribed by law, directly or indi- rectly, to the said clerk, or which he may perform by virtue of that office, except as in the next section provided. The board The board or ' r 1 r aldermen may of aldermen may in every second year after the year one thou- mm T^ft^a^S" sand eight hundred and eighty-one, increase or diminish the salary of the county clerk, but uo such increase or diminution shall reduce such salary below two thousand dollars or increase it above three thousand dollars. § 1723. The clerk shall be entitled to charge and receive for isss. ch- 1«, his services, in addition to his salarv. in making searches in his Lom P- 1447 _~ . „ Clerk"8 fees cu office, as follows: thonzed. Dl TIES OF THE COUNT V CLKH.'C. id. J ). Competent Miarehers to be r nploycd. ld.«Sl. Clerk to make searches with- out delay. Clerk liable for damages for errors. 1847, eh. 842. Jl. as amended 1853, ch. 010, $1, Comp. 143'.'. Fees and emol- uments shall belong to the city ot New York. Id. $§7, 8, as amended 1861,-ch. 15. Comp. 1440. Assistants may be appointed. Appointments to be made in writiiMr. For searching the dockets of judgments and decrees, and transcripts of judgments and decrees, fifteen cents per year. For searching all other matters of record he may be required to search for, five cents per year respectively. For returning in his search any judgment or other matter of lien five cents each. It shall be lawful for the said clerk to retain to his own use the fees specified in this section. § 1724. It shall be the duty of the said clerk to provide a suf- ficient number of competent searchers, for the prompt and cor- rect dispatch of the business of that department, at such com- pensation as he may consider their services reasonably worth ; and the searchers in'.the said office shall draw no salaries from the city treasury. £ 1725. It shall be the duty of said clerk on the receipt of any order directing the searches in his office, to cause the same to be made without delay, and to certify the correctness of his return within ten days from the receipt of the requisition therefor, and he shall be [held legally liable for all damages resulting from errors, inaccuracies, or mistakes in his return so certified by him; and in case be shall not have completed and certified such requi- sition for search at the expiration of the ten days aforesaid, then he shall forthwith complete and certify such return, with like liability, arid forfeit all fees above allowed therefor. F THE < tH'N'I'V l !LERK. 15 How. ISO. the discharge of his duties; and the officer who shall appoint any such assistant sliall be responsible for the act of such as- sistant $ IT-JS. It shall he the duty of the clerk to keep an efl^'l ac- JJJSkwtai count in a book or books to be provided for that purpose, at the ' expense of the people of the city of New York, of all fees, per- 5E8J*S" quisites, and emoluments actually .received by such officers, re- jjgj, spectively, for any service done by him or his assistants in his or their official capacity, hy virtue of any law of this State; and of all fees, perquisites, and einolunients which such clerk shall be entitled to demand and receive from any person for any service rendered hy him in his official capacity pursuant to law. Such hooks shall show when and for whom every such service shall have been performed, its nature, and the fees chargeable there- for; and shall, at all times dining office hours, he open to the in- spection, without any fee or charge therefor, of all persons de- siring to examine the same; and they shall he deemed a part of the records of the office in which they shall he kept, and shall be preserved therein as other books of records are. § 1720. A transcript of such accounts to be made in such form 1 c^£vukV°' as shall be prescribed by the comptroller of the citv, shall be Transcripts <>r * J 1 •< ' accounts to l»r transmitted by such officer for each calendar month and within ^V.m'ptV.'.i'i.'V 1 ten days from the expiration thereof, to the comptroller, which month| v shall be verified by the oaths of such officer, or by his assistant, which transcript shall contain a statement of all moneys received by such officer for fees, perquisites, and emoluments, for ser- vices done by him or his assistants, in his official capacity by virtue of any law of this State since making the last preceding transcript and return specifying the total amount received from each person and the name of each person; and also a statement of the fees, perquisites, and emoluments which such officer or his assistants shall be entitled to demand from.any person for services rendered in his or their official capacity, by virtue of any law of this State since making the last preceding return, which shall have been made by such officer, specifying the amounts chargeable to such person, the names of such persons, and the character of the service rendered. And the verification of every account so transmitted to such comptroller shall be positive, and not upon information or belief. $ 1730. Xo account for the compensation for services of any c ^;p h i£f?' i neglect, etc 1866, ch. KB. SSL a, Comp. 1119. 1847, ch. 43a, $7; 1801, eh. 15, Comp. 1150. 1867, ch. 415, $2, Comp .1450. 1869, ch. 875, §1, Conip. 1 ISO. 1870, Ch. 382, SI, Comp. 1451. Resolutions of supervisors. Deo. 29, 1847; Dec. 22, 1863; Feb. 27, 1860; May 20, 1863; Nov. 24, 1869; Dec. 28, 1854; Deo. 23, 1862; Dec. 27, 1852; Mar. 2. 1863. 1867. ch. 415, Comp. 1449. Repairing records. See 1846. eh.122. 1731. Any officer referred to in this title, who shall receive to his own use, or neglect to account for in such mode as the board of aldermen may direct, any fees, perquisites, or em' e ^ e and be subject to the same duties and responsibilities as the dep- 1 ^ ow - J 5y uty county clerks in the various counties of this State are pos- o«np. 1453. 1 sessed of, and subject to their respective offices. The compensa- :#84- DUTIKS OF THK HVJ ilSTKI! tion of each of said officers shall he fixed and paid by the said register. As often as such deputy register shall die, or he re- moved f rorn office, or remove out of the said city and county, or he- come incapable of executing the office, another shall he appointed in his place, hy writing, under the hand and seal of the register; and every such deputation or appointment shall he recorded in the office of the clerk of the city and county of New York; which said deputy register shall, in case of the death of the said register, perform all the duties and receive the emoluments ap pertaining to the said office of register, and he subject to the same penalties that the register of said city and county would he liable to if living, until a new register he appointed and duly sworn. CmpAuZ.** 4 ' § l?4rl. The register shall keep open his office for the tiansac- Rgrfrter'i tion of business, everv day in the year, except Sundavs and such office, when to » , „ , i , - . , f , ,, a be kept open, other days as are or shall he declared hy law to he holidays, from nine o'clock in the forenoon to four o'clock in the after- noon. Oom^iiS!'' 1 ' It shall be the duty of the register to assign one or custody of more suitable persons in his office to have the custody of the records in said office during office hours, by whom or in whose presence, under the direction of said legister, all examinations of such records shall be made; such persons, however, shall be paid by such register, and not bv the city and countv of New York. oSa^im'^ § 1743. It shall be the duty of said register to cause any and Renters every written order or written requisition for search to be made without delay, and to be certified and ready for delivery within twenty days from the receipt of such written order or requisi- tion by him, and he shall be liable for all damages and injuries re- sulting from errors, inaccuracies, or mistakes in his return so certified by him, and from dela3*s in completing such orders or requisitions; and in case any such order or requisition shall not be completed and certified within said twenty days, the said register shall forthwith complete and certify the same, and shall forfeit all fees therefor. comp h i4M §159 ' § 1744 - A11 tnat P art of the du *y performed prior to the ninth Register s office day of April, eighteen hundred and thirteen, by the clerk of the city and county of New York which appertains and relates to the registering of mortgages, and to the recording of deeds, con- veyances, and other writings, which by law are directed, or here- Register to be after mav be directed to be registered or recorded, shall continue appointed. •> ° ' His rights and to be held, exercised, and enjoyed by the register in and for the city and county of New York; and such register shall have and enjoy all the rights and powers and perform all the duties which were formerly performed by the clerk of the city and county of powers. DUTIES OF THE REGISTER. New York in relation to the recording and registering <.>!' deeds, conveyances, mortgages, and other writings. 1745. The transcript of all records certified by the said u "'' register may he read in evidence in any court of this State, with- Tn>nK.ript«oi out further proof of such deed, conveyance. Or other writing so SSdtyhimdc ed m the said < >lhce. >; 174t.. Whenever anv such assessment, rate, tax, charge, 1 r r! - , ' 1, 1 ?. • * ' , ' 07 Comp. 14.V>. debt, dutv, or demand shall be satistied or discharged, and a r.mr> ... i„ certificate signed by the incumbrancers, their successors, exec- certificate utors, administrators, or assigns, or any person by them then - unto authorized, and proved and acknowledged in the manner by law required for the acknowledgment or proof of deeds, shall be produced to the said register, such register shall enter into the said book of registry a minute of such discharge and certificate, which minute shall be deemed and taken to be a full and abso- lute bar to the first entry of such note or memorandum of such assessment, rate, tax, charge, debt, duty, or demand; but it shall not be necessary for the said register, on entering such minute or registering any such note or memorandum aforesaid, to record or register the same, or any certificate of the proof or acknowl- edgment thereof, at length or more fully than hereinbefore is directed; and the said register shall be entitled to demand and receive from the person producing such certificate of discharge, for entering such minute thereof, the sum of twenty-five cents. § 1747. The said register shall make an index to each book of u. no registry ot mortgages and incumbrances, and also a general in- of resism dex to all the said books of registry of mortgages and incum- brances, and shall from day to day and time to time, as the said mortgages and incumbrances shall be registered or entered as aforesaid, make an entry in the index of the books wherein the same shall be registered or entered, and also in the said general index of the name and names of each and every mortgagor, debtor, and owner or proprietor of land, mortgagee, incum- brancer, and party named in such mortgage, or in such note or memorandum of assessment, rate, tax, charge, debt, duty, or demand, so to be registered or entered as aforesaid, arranged alphabetically under the initial letters of the name of each and every mortgagor, debtor, owner, or proprietor of land, mort- gagee, incumbrancer, and party named therein, with proper references in the said general index to the book of registry, wherein the said mortgages and incumbrances shall be entered or registered, to which books of registry and indexes all persons shall have free access for search at all reasonable times during the daytime, and which the said register shall be bound to ex- hibit to those who wash to search. Xo additional charge shall 580 IHTlF.S OF tHK HFJ . Is'l EH. 1818, ch.ee. $io.-. Comp. l I'll Id. J170. Deeds to be recorded. 1618, cb. Hfi.jin. Comp. 1490. DeedH hereaf- ter made to be recorded. id. sirs. Register to note on deed tin- time when left with bim. Record to bear corresponding date, Id. SITS. Register to make an Index to each book of record. 1,1. § J 74. 1S43, ch. 199, §1 Comp. 1-444. ho made for. such indexes as arc herein directed to be mads \>\ the said register. j, ; 171s. No deed or conveyance in fee simple absolute of any lands, tenements, hereditaments, or real estate within the city and county of New York, which hath been made and executed since the first day of April, in the year of our Lord one thousand eight hundred and eleven, shall be deemed or ftiken to be good and effectual in the law, as against any subsequent purchaser or mortgagee bona fide, and for valuable consideration, and without notice of such prior deed or conveyance, unless such deed or con- veyance was recorded at length in the office of the clerk of the said city and county, on or before the first day of May, in the year of our Lord one thousand eight hundred and twelve, or hath been or shall be so recorded in the office of the register in and for the said city and county, previous to a subsequent pur- chase or mortgage as aforesaid, ;j 1740. Every such deed or conveyance which shall hereafter be made and executed, in order to bo good and effectual in the law, as against any subsequent purchaser or mortgagee bona fide, and for valuable consideration, and without notice of such prior deed or conveyance, shall be recorded at length in the office of the said register, in the books now used or hereafter to be pro- vided by him for that purpose. § 1750. The said register shall make a note or memorandum on any deed or conveyance hereby directed to be recorded, and which shall be left with him, or in the said office, to be recorded, of the day, month, and year, and the hour of the day, when the same shall so be left \\ith him, or in his office, to be recorded as aforesaid; and the record thereof shall bear date corresponding with the time mentioned in such note or memorandum. § 1751. The said register shall make an index to each book of such records, and from day to day and time to time as the same deeds or conveyances shall be recorded, make an entry therein of the name and names of each and every grantor and grantors, and grantee and grantees, and parties named in such deed or deeds or conveyances, respectively, arranged alphabetically, under the initial letters of the name of each and every grantor and grantors, grantee and grantees, or party or parties named therein, either as conveying or receiving title thereby, to which records and indexes all persons shall have free access for search, at all reasonable times during the daytime, and which the said register shall be bound to exhibit to those who wish to search. No additional charge shall be made for such index as is before directed to be made. § 1752. The register shall provide proper books for making- general indices of deeds and mortgages, and shall form indices FILING OF CHATTKI. MOKTliAiil'.S. .W therein in sucli manner as to afford correct and easy reference to in.ii-..,t,,i„. " mail** Id < !#**-« 1 s the several hooks of record in his office. There shall he one hook <»"i •"■.■•ik«k« for deeds and another for mortgages. In each hook there shall bo made double entries, or two lists of names in alphabetical order. In one shall be set the names of the grantors or mort- gagors, followed by the names of their grantees or mortgagees: and in the other the names of the grantees or mortgagees, fol- lowed by the names of the grantors or mortgagors, leaving proper blanks between each class of names for subsequent entries. § lTM'. Every mortgage, or conveyance, intended to operate j^V 1 ' 279 - as a mortgage of goods and chattels, hereafter made, which shall ' '; 1 u:,H 1 -i i_ * n j L Chattel mort not be accompanied bv an immediate delivery, and be followed by K'^-v.,i,i r J J 1 •> unless filed. an actual and continued change of possession of the things mort- gaged, shall be absolutely void as against the creditors of the mortgagor and as against subsequent purchasers and mortgagees in good faith, unless the mortgage, or a true copy thereof, shall be filed as directed in this section. The instruments mentioned Howandwhew in this section shall be tiled in the several towns and cities of this State, where the mortgagor therein, if a resident of this State, shall reside at the time of the execution thereof; and if not a resident, then the city or town where the property so mort- gaged shall be at the time of the execution of such instrument. In the city of New York such instrument shall be filed in the office of the register of said city; such register is required to file all such instruments aforesaid presented to him for that pur- pose, and to indorse thereon the time of receiving the same, and shall deposit the same in his office, to be kept there for the in- spection of all persons interested. ? 1T."4. Every mortgage filed in pursuance of the preceding c^p^'to?" section shall cease to be valid as against the creditors of the per- ETei 7J rear son making the same, or against subsequent purchasers or mortgagees in good faith, after the expiration of one year from the filing thereof, unless, within thirty days next preceding the expiration of the said term of one year, a true copy of such mortgage, j;ogether with a statement exhibiting the interest of the mortgagee in the property thereby claimed by him by vir- tue thereof, shall be again filed in the office of the clerk or reg- ister aforesaid of the town or city where the mortgagor shnll then reside. § 1755. A copy of any such original instrument, or of any M ** copy thereof, so filed as aforesaid, including any statement reeved in e made in pursuance of the last section, certified by the register in whose office the same shall be filed, shall be received in evi- dence, but only of the fact that such instrument or copy and statement was received and filed according to the indorsement of the register thereon, and of no other fact ; and in all cases the evidence WILLS DEPOSITED WITH THE REGISTER. Id. J5. MortKORes to be numbered Fees, title a R.S. cl«. a, am, 04, (,'oiup. 1437. Papers offered for sar.' kci-ji How indorsed and kept. 3.R. S. ch. 7, title a ,«$65,66. Not to be deliv- ered out. etc. May he exam- ined publicly. Id. S§67. 68. Wills to l>e received for >afe keeping Wills to be sealed up. etc. original indorsement by the register upon such instrument or copy shall he received in e\ idenceonly of the facts stated in such indorsement. g 1750. The register shall ntimber every such instrument or copy which shall he filed in his office, and shall enter in hooks to be provided by him, alphabetically, the names of all the parties to such instrument, with the number indorsed thereon opposite to each name, which entry shall he repeated alphabetically under the name of every party thereto. .s' 1757. For services under the four preceding sections the register shall be entitled to receive the following fees : For tiling each instrument or copy, six cents ; for entering the same in a book as aforesaid, six cents for every party to such instru- ment ; for searching for each paper, six cents, and the like fees for certified copies of such instruments or copies as are allowed by law to clerks of counties for copies and certificates of records kept by them. % ;j 1758. The register, upon being paid the fees allowed there- for by law, shall receive and deposit in his office any deeds, con- veyances, wills, or other papers or documents which any person shall offer to him for that purpose, and shall give to such per- son a written receipt therefor. Such instruments, papers and documents shall be properly indorsed, so as to indicate their general nature, and the names of the parties thereto shall be filed by the officer receiving the same, stating the time when received, and shall be deposited and kept by him and his succes- sors in office, with his official papers, in some place separate and distinct from such papers. § 1759 The instruments, papers and documents so received and deposited shall not be withdrawn from such office, except on the order of some court of record, for the purpose of being read in evidence in such court, and then to be returned to such office: nor . Four coroners shall hereafter be elected in the city and county of New Y'ork in the same manner and at the same general election as sheriffs : hold their offices for the same term, and be removable in the same manner. £ I7e>7. Each of the coroners shall be paid in full satisfaction for his services a yearly salary of five thousand dollars, and shall be allowed for contingent expenses, including clerk and office hire, and for the preservation of his records and the records of the board of coroners, and all other incidental expenses, a CORONERS AM) CORONERS' PHY8H LANS, 591 sum nut to oxceed tliree thousand dollars per annuin, which ton t indent and incidental expenses shall he audited and paid as the contingent and incidental expenses of other officers of said city and county are audited and paid : and said salary and allowance shall he in lieu of all his fees or compensation heretofore a charge upon the county of. New York or the mayor, aldermen, and commonalty of the city of New York. § 176S. The hoard of coroners may appoint ;i clerk, who shall cSm^waS ' receive an annual salary of thirty-live hundred dollars per year " , ' kl " j j r j coroner* which shall he a county charge, and payable as other count y sal- aries are paid. § 1769. Each coroner of said city shall, on assuming office, c^d?mm! " appoint a qualified physician, who shall he a resident in said city, and shall he known as a "coroner's physician. Any vacancy in the office of coroner's physicians shall he filled by the hoard of coroners. The hoard of coroners, for cause, may remove the physicians appointed hy them •j 1770. It shall he the duty of the hoard of estimate and ap- '.'V portionment, from time to time, as it may determine, to fix the salary to he paid to the physicians appointed as in the preceding section directed, hut the salary to he paid to each of said physi- cians shall not, in any one year, exceed the sum of three thou- sand dollars. The salaries provided for in the preceding sections of this title, shall he paid monthly hy the mayor, aldermen, and commonalty. § 1771. It shall he lawful for the several coroners, with the c^^i^ 1 u ' w ritten consent first had and obtained of the district attorney scientific o* and a justice of the supreme court within said citv and county, mentor. By j . . • . " » » coroner. to employ any scientific expert, engineer, or toxicologist to ex- amine the body of any person who shall have died from alleged criminal violence, or by casualty, or in any suspicious or unusual manner, and as to the cause of whose death the said coroner shall have jurisdiction to inquire. ^ 1772. Upon the certificate of such employment by a cor- J?'** w *• • Compensation oner, with the written consent of the district attorney and a °f expert justice of the supreme court, as aforesaid, being filed with the comptroller of said city, such scientific expert, engineer, or toxicologist shall be entitled to recover and receive as a proper claim against said city, just and reasonable compensation for his services rendered in the matter of such inquest upon the request of said coroner with such written consent as aforesaid. Such just and reasonable condensation shall be ascertained and certi- fied to by the district attorney, justice of the supreme court, and the comptroller of said city ; and in case such just and reason- able compensation shall not be so certified and paid, such < OKONKRS - INC»i;KS'JS. 1871, Oh. >.■-• HI, us amende i«78, ch. aio, in, Comp, 1481. 1878, Oh. 256, J?, Comp. 1484. Coroner may HubpoenA phvsiciuu . C Dalv, Ml, Testimony upon [nquesl 18; i, oh. Hi-.', Comp. 1481. .liir>', whi n to ho culled. 1(1. ?.'). Comp, 148S. Liability to serve on coroner's Jury. 18?!. oh. Wi, J3. I .•nil) HOI. Deaths from unusual causes to be reported. 1871, ch. 402, 14, Penalty for dis- turbing dead body, or remov- ing clothing, etc. scientific expert, engineer, or toxicologic shall he entitled to maintain his proper action at law therefor to recover the same. § 1773. When in the city of New York any person shall die from criminal violence, or by a casualty, or suddenly when in apparent health; or when unattended by a physician, or in prison, or in any suspicions or unusual manner, the coroner shall subpoena one of the coroner's physicians, who shall view the body of such deceased person, externally, or make an autopsy thereon as may be required. It shall be the duty of the physician to whom such subpo-na is so issued to make the in- spection and autopsy required, and td give evidence in relation theroto at the coroner's inquest. The testimony of such phy- sician, and that of any other witnesses that the coroner may find necessary, shall constitute an inquest. i 1774. Should the coroner deem it necessary, he may call a jury to assist him in his investigation, or should any citizen de- mand that a jury be called, he shall proceed as directed by part four, title seven, article one of the Revised Statutes. Any citizen of this State, not over seventy years of age, and being at the time a resident of the county, may be summoned to serve as a juror upon a coroner's inquest ; and any person who shall willfully neglect or refuse to serve as such juror when duly sum- moned, shall, upon conviction, be adjudged guilty of a misde- meanor, and shall be punished by imprisonment in the county prison not exceeding one year, or by a fine not exceeding five hundred dollars, or by both such fine and imprisonment. ;j 177.".. It shall be the duty of any citizen who may become aware of the death of a person who shall have died in the man- ner stated in the last section but one, to report such death forth- with to one of the coroners, or to any police officer, and such officer shall, without delay, notify the coroner of such death ; and any person who shall willfully neglect or refuse to report such death to the coroner, shall, upon conviction, be adjudged guilty of a misdemeanor, and shall be punished by imprison- ment in the county prison not exceeding one year, or by a fine not exceeding five hundred dollars, or by both such fine and im- prisonment. § 1770. Any person, except the coroner, who shall willfully touch, remove, or disturb the body of anyone who shall have died in the manner described in the last section but two, or who shall willfully touch, remove, or disturb the clothing, or any article upon or near such bod}', without an order from the coroner, shall, upon conviction, be adjudged guilty of a misde- meanor, and shall be punished by imprisonment in the county prison not exceeding one year, or by a fine not exceeding five hundred dollars, or by both such fine and imprisonment. CORONER'S [NQUE8TS. 593 1777. Each of the coroners shall file with the clerk of the i8M,ch'.«J8,|s hoard of coroners, in all cases that may come hefore him, an ni.'' m abstract of the testimony taken by him, and a copy of the verdict rendered by the jury; and the clerk of said board shall keep the same on file until it is tinned over to the hoard of health and a receipt taken therefor, except in the case of a homicide, in which case he shall transmit the same, without delay, to the district attorney of the city and county of New York. § 177S. The hoard of coroners shall direct a book to be kept Jj 1 - which shall contain the name, if known, of every deceased person ">"'ts t<> k.-.-,, records of reported, under existing laws, at the office of the hoard of names, etc., of e • i 11 1111 deceased per- coroners, or to any of its members, the place where the body was *° na - found, and the name of the coroner who assumed charge of the case; also a book which shall contain tho name of the deceased, when known, the date w hen and the place where tho inquest was held, the findings in full of the jury, and the date of death; also an index to such books, and to all inquisition papers, which shall contain, in alphabetical order, tho names of deceased per- sons upon whom inquests have been held, the date of the in- quests, the cause of death, tho name of the coroner holding said inquest, and such other references as maybe necessary to enable public officers, or parties interested, to examine fully the records • >f the coroner's office for legal purposes; and such books and records shall be kept at the office of the board of coroners, except as in the last section otherwise provided, and shall be the prop- erty of the mayor, aldermen, and commonalty of the city and county of New York. § 1779. If all the coroners be absent, or be unable, for any Jf 81 ..**-^^ 89 - ° , ■ " Police justices cause to attend, their duties so far as they relate to holding in- JjJJjjB^JSJL quests and their action thereon and consequent thereupon, may £J^||£f lnehto be performed by a police justice, but by no other officer, with the same authority, and subject to the same obligations and penalties as apply to the coroners. 5H TIIK AKBITKATOK OF THK CHAMBER OF.COMMKUCK. CHAPTER XX IJ. Tnk Court of Arbitration. 1874, ch. >«. Comp. 1373. Arbitrator, hiu appointment. Salary. isrs, ch. in: Comp. 137". Arbitrator, term of ofnCC und removal o( Official oath. ltl. ^3, Power to ad- minister oaths etc. 187-1. ch. $6, Comp. 1376. § 178u. The governor shall nominate and, by and with the consent of the senate, appoint an experienced, suitable, and competent person as arbitrator, to be known as the arbitrator of the chamber of commerce of the State of New York, to have and perform the functions, duties, and powers provided for in this chapter in connection with his said office; and the salary of said arbitrator shall be fixed and paid by the said chamber of commerce. The arbitrator holds office during good behavior, and may bo removed by the governor if, upon due notice, and after a hearing, lie is found guilty by the governor of mal- feasance, misfeasance, or continued non-feasance in office. The expression "official arbitrator," as used in this chapter, refers to the officer designated in this section. In case of the resignation, removal, or death of such official arbitrator, his successor must be nominated and appointed by the governor, with the advice and consent of the senate, and commissioned by the governor. Every such official arbitrator appointed after this chapter takes effect, must file with the secretary of State the constitutional oath of office. Unless he files his oath of office within ten days after his confirmation by the senate, he is deemed to have de- clined the office. § 1781. The official arbitrator has power to administer oaths and affirmation to be used before any court or officer; to take the proof and acknowledgment of any charter party, marine protest, contract, or other written instrument; and to require any witness to appear and testify before him, or the said court of arbitration, or before the board of arbitrators hereinafter pro- vided for in maters pending in said court. He must adopt and promulgate short and simple rules to be observed in proceedings taken as prescribed in this chapter, and he has power to do and order whatever may be necessary to carry out the provisions of this chapter. § 1782. The sittings and business of the said arbitrator and board shall lie had and conducted, and the office of the said clerk shall be in a building or room provided by the said cham- ber of commerce at its own proper expense and charges. The salary of said clerk shall be fixed and paid by the chamber of commerce. Jl HIsniCTION OF COL'KT OF ARBITH \TloN. 595 ,^ 1 Ts:;. Said chamber of commerce shall provide proper and IP 7 * H** Wi . Ill Comp. 1378. convenient furniture, togother with attendants, fuel, lights, and Pumitare, etc stationery suitable and sufficient for tbe transaction of the busi- ness of said court, and such expenses shall be borne by said chamber at its own proper cost and charges. % 17S4. The clerk of the said court of arbitration is known as §|^jj: 1878 the arbitration clerk, and holds oflice during the pleasure of said Clerk chamber. In case of his death, resignation, or removal, the said chamber of commerce must elect his successor. The gov- ernor must appoint and commission the person so elected; but before such commission can be issued, the person so eleoted must file in the office of the secretary of State an official oath to tho same effect as the constitutional oath of office. Unless ho files such oath within ten days after his election, he is deemed to have declined the oflice. The said chamber of commerce may authorize the arbitration clerk to appoint one or more as- sistants, and provide for their compensation. ^ 17S5. The arbitration clerk must safely and correctly keep oSm^m ,J 5 ' all the minutes, documents, records, books and other papers, Clerk - dutles of - and effects of the official arbitrator and of the said court of ar- bitration, and relating to the arbitration for which this chapter provides. Any person who steals, mutilates, or alters any book, stealing or ' * r lit mutilation of record or paper tiled with or kept by the arbitration clerk, is book!i ' ctc - guilty of the same offense and is punishable therefor in the same manner as if such act was committed with respect to a record kept, as prescribed by law, in the office of the clerk of the county of New York. § 1786. The seal now in use by the official arbitrator shall coJip. i3rs. continue to be the seal of his office and of said court. Any omciaueai. award or order made pursuant to this chapter, or any certified copy thereof, must be authenticated by such seal. If the seal now in use is lost, injured, or destroyed, the official arbitrator must cause a new seal to be made, which shall thereupon be- come such official seal. In all courts and places any instrument e r m p h 1 3^ 1 sealed with such seal and signed by the said arbitrator shall be re- ceived as prima facie evidence of the existence of such award or order, and of the contents theieof, and shall have the same force and effect as the original thereof. § 17S7. Upon the application of the parties interested, or their ^p' 1 ,^ 5, iX representatives, tho official arbitrator must interpret or construe interpretation any oral or written contract, pertaining to any matter, which ' cs ' might be the subject of arbitration under the provisions of this chapter; and be must, if required by either party, make a writ- ten award thereupon. .... i • i r Dolntntontof, after the requisition is returnable, or within such further time as may be allowed by the official arbitrator or prescribed in the rules established by him. appoint, in wilting, ano person, to sit with the official arbitrator, to bear and determine the matter. If neither party appoints an additional arbitrator as aforesaid, all the parties are deemed to have waived their right to do so ; and the matter must be determined by the otlicial arbitrator. If there are two or more parties on the same side, and they appoint different persons or arbitrators, or do not agree on one person, they are regarded as having failed to make any appointment. Upon a failure of a party to appoint an additional arbitrator, where the adverse party has appointed one, the official arbitrator must appoint a disinterested person, not of kin to either party, to sit as a member of the board of arbitration ; and the matter must proceed as if the party in default had appointed such per- son as additional arbitrator. An appointment of an additional arbitrator is not complete unless it is filed with the arbitration clerk. 1704. Where the parties to a controversy, dispute, or mat- ter of difference, voluntarily submit the same to the arbitration if'i^'ni^M of the said court of arbitration, either of them may, at the time of filing the written submission or voluntarily appearing to sub- mit the same, or within such time as may be allowed by the official arbitrator, or prescribed by the rules established by him, appoint a person to sit with the official arbitrator, to hear and determine the matter. The mode of so doing, the proceedings to be taken in behalf of the other party, and the consequences of a failure of either or both of them to make such appointment, or of an appointment of different persons by two or more parties on the same side, are the same as prescribed in the last section, in a case where a requisition has been issued. § 1795. If the additional arbitrator, appointed by either partv, iws, <-i. a*. ° J r {17, Comp. 1380. fails to appear at the time set for the hearing, without proof of Failure of j*t the existence of a good reason for such failure, and that it is of t'onpi^r 010 * 1 a temporary nature, made by the party appointing him, to the satisfaction of the official arbitrator, his appointment mustthere- upon be declared to be vacated, and the same party must forth- with appoint another person to act in his place. Upon failure r>98 I'KOC'EW'KK IN COURT Ol AIM'. ITU ATI ON. M. SIM. Comp. 1381. Oath of addi- tlonnl niliitm tor. Id, Hoard of arl>i tratlon, how constituted. id. sao. Further evi- dence. ( vHiimlKsion to take testimony. Id. $31. Award. Id. §«. Rehearing, order directing. so to do, or failure of the person so appointed to appear then, or at the time, *if any. to which the official arbitrator adjourns the hearing, the official arbitrator must appoint a disinterested poi- son, not of kin to cither party, to act in his place. 5$ 179G. Each of the persons appointed as additional arbitra- tors, by or for the respective parties, must subscribe and take before the official arbitrators an oath, honestly, truly, and fairly to hear and determine the matters thus submitted to the arbitra tors. The oaths so taken must be filed with the award. The official arbitrator need not be sworn in the particular case. § 1797. Where additional arbitrators are appointed and SWOfn, as prescribed in the last four sections, they and the offi- cial arbitrator constitute the board of arbitration to determine the controversy, dispute, or other matter of difference, and they must all sit in the matter, and the order, award, and decision Of any two of them shall be the judgment of the said court of ar- bitration. § 1798. The official arbitrator, or where the hearing is before a board of arbitration, the majority of the board may, after hearing the allegations and testimony of the respective parties, or of those parties who desire tr> testify, and upon notice to both parties, direct that further evidence be taken if he or they deem further evidence necessary to enable justice to be done between the parties. A witness is entitled to the same fees as in an action in a court of record. A commission to take testimony without the State may be allowed by the official arbitrator, and issued in the same manner and with the same effect as in an action brought in a court of record. The hearing may be from time to time adjourned upon the application of either party and reasonable cause shown to the satisfaction of the official arbitra- tor, or where the hearing is before a board of arbitration, to the satisfaction of a majority thereof. § 1799. Within ten days after the final hearing, the official arbitrator, or the board of arbitration, or majority thereof, as the case requires, must make and file with the arbitration clerk a written award, under his or their hands, stating his or their decision for the settlement of the controversy, dispute, or matter of difference, heard and determined by him or them. § 1800. Instead of making an order to fulfill the award, the official arbitrator may, for good cause shown, upon notice to and after hearing the parties, make an order directing that the controversy, dispute, or other matter of difference be heard again, either before the same court or before another board of arbitration appointed as prescribed in this chapter upon the first hearing. But the party applying for such rehearing must give security in such amount and form as shall be approved by the ri:ou:i>rnK in conn' <>v akhitkation. official arbitrator, for the payment of all the costs and expenses of the other party or parties incident to silch rehearing, and for the payment or performance of any award which may he ren- dered against any parly so applying, and of any judgment which may he entered thereon. I'pon the rehearing the pro- ceedings must be the same as upon the fast hearing, and the provisions of this chapter relating to the first hearing, the award, the order, and the subsequent proceedings thereon, apph similarly to the rehearing. {J 18(il. The final award, the order to enforce the same, and ,'„,,','',.. the judgment to be entered thereupon, may be vacated for fraud, Final ward, collusion, or corruption; but not for any other cause. Unless it is so vacated, the award is binding and conclusive upon all parties thereto, and effects a final settlement of the controversy, dispute Off matter of difference submitted or tried as prescribed in this chapter. It must be upheld and sustained accordingly in all the courts of the State. § 1802. If the award construes any contract or requires either comp.'iaaa party or both parties to do or forbear doing a particular act or ^SSSU^' acts, or to pay a sum of money, the official arbitrator must, at a,vard the request of either party, make an order reciting the pro- visions of the award, and directing the fulfillment thereof by the party or parties requied to fulfill the same. The order must, at the instance of either party, be filed in the office of the clerk of the county of New York, who must enter the same, upon being paid his fees therefor. If the order requires the payment j^*^ of a sum of money, or the delivery of any property, either party may, upon filing the same, require the clerk of said county to enter thereupon a judgment of the said arbitration court against the party or parties required to pay such sum of money, or deliver any property, and in favor of the party or parties to whom it should be paid or delivered. The judgment must be entered and docketed accordingly, in the manner prescribed by law for entering and docketing a judgment of the supreme court in a civil action, and transcripts may be filed with other clerks in like manner as if a judgment in a civil action. Such judgment has the same force and effect as a judgment of the supreme court of similar purport in a civil action, and it must be enforced in the same manner and by the same process and officers, and it may be satisfied of record and discharged in like manner as a judgment of the supreme court in a civil action. § 1803. No costs except as hereinafter specified shall be kljs allowed to either party in any proceedings taken as prescribed in this chapter, and except where a rehearing is granted, in which case the official arbitrator may, or, if the rehearing is before a board of arbitration, the board, or a majority thereof, Costs. 000 LIMITATIONS TO JURISDIC TION OF COURT OF ARBITRATION. Id. |90. BVUM s\\ earing. 1875, ch. 486, $•£7, Comp. 138'-'. Where contro- versy has been submitted, no action to bo brought. M. j28, Comp. 1383. Jurisdiction. 1874, eh. 278, j: Comp. 1377. may, in the award, require cither party to pay the other a fixed sum for his costs and expenses. § 1804. False swearing upon the hearing hefore the arbitra tor, said court of arhitration, or hoard of arhitration, or, in tin- course of any proceeding taken as prescrihed in this chapter, is willful perjury, in a case where such false swearing would he willful perjury upon the trial of a civil action hrought in the su- preme court, or in the course of any proceeding taken in such action; and the person guilty thereof may he indicted and pun ished accordingly. §180.5. Where any controversy, dispute, or matter of differ- ence, or the interpretation or construction of any contract has heen submitted to or hrought within the jurisdiction of the said court of arhitration, as prescrihed in this chapter, no action or special proceeding relating to the same matter shall be brought in any other court of the State, between the same par- ties or their representatives or assigns, until after the final award thereupon: and if any such action or special proceeding is pending at the time of the submission, the same must be dis- missed or discontinued, or the proceedings therein must be stayed, as the case requires. The official arbitrator, or the board of arbitration, as the rase may be, constitute the said court of arbitration. § 1806. Nothing contained in this chapter is to be so con- strued as to give any jurisdiction to the said court of arbitration of the chamber of commerce of the State of New York, or to the official arbitrator or board of arbitration, except upon the voluntary submission, waiver or election of the parties, or non- attendance pursuant to a requisition, as prescribed in this chap ter; or to permit any infant, married woman, or person inca pable of managing his affairs by reasons of lunacy, idiocy, un- soundness of mind, or habitual drunkenness, to be brought before the official arbitrator, or the board of arbitration, as a party; or to apply to any matter pertaining to a fee or life ten- ancy in real property, nor shall any cause or matter submitted to the arbitrator or board, as provided in this chapter, be subject to removal by or to the jurisdiction of any of the courts of this State, except as herein provided; nor shall this chapter apply to any cause or matter which shall be pending in any of the courts of this State, or before any arbitration committee established by law, previous to the service of the summons, as provided in this chapter. FILING CLAIM OF MFCIIANIC'S LI FN. COl CHAPTER XXIII. Mechanics' Liens. Title 1. — Liens against Private Property. $ 1S07. Any person or persons who shall, after the twenty- i* 8 *. n any lot of land in the said cities of the State of New York, the persons so performing such work, labor, or services, or furnishing such materials, may file with the clerk of the county where the land or premises are situated, a notice in writing stating his or their residences, theamountof theclaim, from whom due, and if not due when it will be due, the person or persons against w lion 1 the claim is made, the name of the owner, lessee, or person in possession of the building (against whose interest a lien is claimed) ; but the failure to state the name of the tru<> owner, lessee, or person in possession, shall not impair the validity of the lien ; also a brief descriptionof the build ings or premises sufficient to identify the lands or premises against whieh the lien is claimed. The said notice of lien shall be veri- fied by the person or persons making the claim, or his or their agent, or any other person, to the effect that the statements therein contained are true, to the best of his or their knowledge, may be nied ena information and belief. Successive liens may be filed for work. labor, services, and materials done and furnished under one con- tract oremployment ; but the filingof any such lienor liens shall • not entitle the person so filing the same to recover judgment for the amount of such lien or liens unless he shall be entitled to re- ceive payment by the terms of the contract, or agreement, or employment ; and in case of sub-contractors, or persons doing work or furnishing materials to contractors, no judgment shall be rendered for any greater amount than the amount which shall be due from the owner to the contractor at the time of the filing of the lien, or which may become due afterward, or which, by the terms of the contract or agi-eement, shall be due at the time of the rendering of such judgment. i p. eh 379, $o. §1810. In everv case in which one claim is filed against two Conip. 14)55. c J c claim against or more buildings or other improvements owned by the same buildings: person, the person filing such claim must at the same time des- ignate the amount due to him on each of such buildings or other improvements, otherwise the lien of such claim shall be post- poned to other liens. The lien of such claimant shall not extend beyond the amount designated as against other creditors having liens by judgment,, mortgage, or otherwise upon either of such ACTION TO ENFORCE MECHANIC'S LIEN. <»03 buildings or other improvement-;, or upon the land upon which tho samo are situated. ^ 1*11. The count v clerk shall enter in a lion docket the name " ■ . I.lcn docket. and residence or the claimant, the person against whom claimed, tho amount claimed, the dale of liling, and a brief description of the premises affected, stating tho street and particular place where located, in such manner as to be convenient in searching for tho liens bystreet and block. Ho shall be entitled to re- ceive a fee of ten cents for each lien filed. Except as provided aSmt^t r in section eighteen hundred and eight, the lien shall attach, from wiieniton the time of the tiling of the claim, to all the right, title, and interest which the owner then has in the property therein de- scribed, to the extent of the liability of such owner for the claim preferred. § 1812. Liens shall in all cases cease after one year from date l^ 0, cb ' ^ , ,. Liens to cense. of tiling unless an action shall be commenced, and a notice of ot , end of >' ear ~ ' unless notice of lis pendens filed with the clerk of the comity wherein the pivmi- i>-i ■ . t - ses are situated, or an order made continuing the lien for another year ; in the latter case the county clerk shall, upon filing such order, make a new docket of such lien. Successive orders and new dockets may be made, in the discretion of the court. Where a claimant is made a party defendant to any action brought to enforce any other lien, a notice of the pendency of such action must be filed by him or in his behalf. But the neglect to file such notice shall not abate any action which may be pending to enforce the lien. Such action may be prosecuted to judgment against the persons liable for the debt. §1813. The'Hens provided under this act shall be enforced by SS^St? civil action commenced in any court of record in said city, having forecl08e Uen equitable jurisdiction, by any persons claimant, the original or sub-contractor, or an assignee thereof, or contractor, against any property affected thereby, at any time within one year from the tiling of such lien. Such action shall be commenced, carried on, and judgment entered and enforced as provided in an action to foreclose a mortgage in the Code of Civil Procedure, and the plaintiff shall make all other parties who have filed subsequent liens under this title, or have any prior record, claims, or liens upon said premises and their appurtenances, defendants in such action. And the court shall determine the priority of the liens, the amounts due thereon, and the rights of the respective par- ties, and render judgment accordingly. The court may also render personal judgment against or in favor of any party to the action. Costs for or against the parties litigant shall be in the discretion of the court. As to all persons against whom no personal claim is made, the plaintiff may, with the summons, serve a notice stating briefly the object of the action, and that Oil I ACTIONS TO ENFORCE MECHANIC'S LIEN. 1H.5. cb.370,Jli;, C'omp. im. Consolidating actions. 1880, cb.48C, $8. Offer to pay Into court. 1875, ch.37!>SM, Couip. 1480. Sub-contract- ors, rights of. id. $15. Different liens. Id. $16. Coiup. 1487. When contract is for bills, notes, etc. 1330, ch.+SC,|17 Personal judg- ment for defi- c : ency. 59 IIo'w. 45.V Id. $6. Lien, how discharged no personal claim is made. But all persons who have filed claims under this title may, hy answer in such action, set forth thes ame. § 181-1. Any numherof persons claiming lions upon the same property may join in the same action, and when separate actions are commenced the court in which the first was brought may, on motion, consolidate them. § 1815. At any time after the action is commenced the owner of the property affected may, in writing, offer to pay into court any amount stated in the offer, or to execute or deliver any securities or papers which he may describe in discharge of the property. If the offer is accepted in writing within ten days thereafter^ the court in which the action is pending may make an order that, on deposit with the county clerk of the amount offered, or the securities or other property described, the lien be discharged, and the money or securities deposited thereafter takes the place of the lien. In case the offer be not accepted within ten days, and the plaintiff fails to recover any more favorable judgment against the property, he shall pay all costs in the action incurred by the owner from the time of the offer. § 1SIG. All persons entitled to liens on the structure or im- provement, except those who contracted with the owner thereof, '-hall be deemed sub-contractors ; and the court, in the judg- ment, shall direct the amount due sub-contractors to be paid out of the proceeds of sales before any part of such proceeds are paid to the contractor. § 1817. In every case in which different hens are asserted against property, the court, in the judgment, must declare the rank of each lien or class of liens, and the proceeds of the sale of the property must be applied to each lien or class of liens in the order of its rank. § 1818. Whenever by the terms of his contract the owner has stipulated for the delivery of bills, notes, or any other species of property in heu of money, the judgment must direct that such substitute be delivered or deposited as the court may direct, and the property affected by the liens can only be directed to be sold in default of the owner to deliver such substitutes within such time as may be directed. § 1S19. Whenever on the sale of property subject to the lien, there is a deficiency of proceeds, judgment may be docketed for the deficiency against the persons named in the judgment as liable therefor in like manner and with like effect as in actions for the foreclosure of mortgages. § 1820. The lien may be discharged as follows : 1. By filing a certificate of the claimant or his successor in interest, acknowledged or proved in the same manner as the satisfaction of a mortgage, stating that the lien is discharged. NOTICE OF LIEN AGAINST THE OITY 2. By* depositing with the county clerk, if before suit is com- menced, a sum of money equal to the amount claimed ; and if suit shall havo been commenced, a sum equal to the amount claimed ; and such sum in addition as shall he ordered by a judge of the court in which the action shall have been com- menced, as security for the costs of the action ; such deposit, after suit brought, to be made on notice or on an order to show cause directed to the plaintiff in the action or his attorney. 3. By the exniration of one year after the filing of said lien without any order being made continuing the same or notice of lis pendens tiled as aforesaid. § 1881. Appeals in actions to enforce liens, provided for in w.|9. this act, may he taken in the same manner and within the time, AppcaK and shall be governed by the same rules and practise as prevail in actions for the foreclosure of mortgages. § 1822. Nothing contained in tlfls title shall he construed to > s ^. cii.nro.$ao. c " Camp. H88. impair or affect the right of any person to whom any debt may Personal action be due for work done or materials furnished to maintain a per- * cre ' ° ra ' sonal action to recover such debt against the person liable therefor. § 1823. Nothing contained in this title shall be construed to \^ 2 ^ m , 10 authorize the filing of any claim against any building or prop- Property used . , - vi' for public pur- Crty used for public purposes. poses excepted Title 2. — Liens against City. $ 1824. Any person or persons who shall hereafter, as laborer, 18;8 - <->>• 315 . i Comp. 1489. mechanic, merchant, or trader, m pursuance of, or in confor- Liens for work mity with the terms of any contract made between any person umi"r numfci- or persons and the city, perform any labor or furnish any mate- , ' alcout " Kt ' i - rial toward the performance or completion of any contract made with the city, on complying with the next section, shall have a lien for the value of such labor or materials, or either, upon the moneys in the control of the city, due or to grow due under said contract with said city to the full value of such claim or demand, and these liens may be filed and become an absolute lien to the full and par value of all such work and materials, to the extent of the amount due or to grow due on said contract, in favor of every person or persons who shall be employed or fur- nish materials to the person or persons with whom the said contract with the city is made, or the sub-contractors of said person or persons, their assigns or legal representatives, pro- vided that the city shall not be required to pay a greater amount than the contract price or value of the work and the materials furnished, when no specific contract is- made in the performance of said work by the contractor. 606 ACTIONS ON LIENS AGAINST THE CITY. Id. |S. Neil I f claims. Id. S3. Liens to bo entered. Id. a, Comp. 1 J*J0. Action to fore close lien. Id. $5. When lien attaches. 18r8, ch. 315. Comp. 1490. Enforcing claim. Id. §7. rartic- § 182r». At any time before the whole work to be performed hy the contractor for the city is completed or accepted by the city, and within thirty days after the same is so completed or accepted, any claimant may file with the head of the depart- ment or bureau having charge of said work, and with the comptroller, notices stating the residence of the claimant, veri- fied by his oath or affirmation, stating the amount claimed, from whom due, and if not due, when it will be due, giving the amount of the demand after deducting all just credits and offsets, with the name of the person by whom employed, or to whom materials were furnished ; also a statement of the terms, timo given, conditions of his contract, and also that the work was done or materials were furnished to the said contractor, and were actually performed or used in the execution and comple- tion of the said contract with said city, but no variance as to the name of the contractor .'♦■all affect the validity of the said claim or lien. § 1826. The comptroller shall enter the claims in a book kept for that purpose by him, called the "lien book." Such entry shall contain the name and residence of claimant, the name of the contractor, the amount and date of the filing and a brief designation of the contract upon which the claim is made". § 1827. No lien provided for in this title shall be binding upon the property therein described unless an action be com- menced within ninety days from the filing of the same, and a notice of pendency of said action be filed with the comptroller. g 1S28. The lien shall attach from the time of filing thereof to the extent of the liability of the contractor for the claim pre- ferred upon any funds which may be due or to grow due to the said contractor from the city, under the contract against which the lien is filed. § 1S29. Any claimant who has filed the notice mentioned in the second section' of this title may enforce his claim against the said fund therein designated and against the person or per- sons liable for the debt by a civil action. Actions to determine or terminate said liens may be commenced by the said contractor or the city in any court of competent jurisdiction. § 1830. The plaintiff must make all parties who have filed claims, the contractor, and the city, parties defendant, and as to all parties against whom no personal claim is made, the plaintiff may with the summons, serve a notice stating briefly the object of action, and that no personal claim is made. But all parties who have filed claims under this title may, by answer in such action, set forth the same, and the court in which the action is brought may decide as to the extent, justice, and priority of the claims of all parties to the action. IMSCIIAKfiK OF LIENS AGAINST T1IK CITY 007 $ 1831. Tho court in which the action is brought shall deter- h >* mine tho validity of tho lion, tho amount duo from tho debtor action to fori J close-. Execution. to the contractor under his contract, and from the contractor to the respective claimants, and shall render judgment, direct- ing that the city shall pay over to the claimants, for work done and materials furnished in the execution of the said contract or conti acts, whose claims or liens it shall hold* to bo valid and just, in the order of their priority as determined by said court to the extent of tho sum found due to said claimants from their contractor, so much of said funds or money which may be due from the city to the contractor under his contract, against which the lien is filed, as will satisfy their liens or claims, with the interest and costs, to tho extent of the amount due from the city to said contractor. The judgments rendered under this title may bo enforced by execution, and an appeal may be taken therefrom in the same time and maimer as in civil actions. ;, ; 1S32. In cases of successive liens, or a number of liens in successive favor of different persons, their rights and priorities shall ho do- ,iens termined as follows: Persons standing in equal degrees as co- laborers, or various persons furnishing materials shall have pri- ority according to tho date of the filing of their liens. When several lien notices are filed for the same demand, the judgment shall provide for the proper payments according to priority, so that, under liens filed, double payments shall not be required. § 1833. When separate actions are commenced, the court in comp'ttw which the first action was brought may, upon the application of Consolidating 11 actions. the city, consolidate them. 1830. The lien may be discharged as follows: First — By w jia. tiling a certificate of the claimant, or his successor in interest, ft C n ChareiPR duly acknowledged and proved, stating that the lien is dis- charged. Second — By lapse of time, when ninety days have elapsed since the filing of the claim, and no action shall have been commenced to enforce the claim. Third— By satisfaction of any judgment that may be rendered in actions to foreclose said liens or claims. § 1837. The term " contractor,"' as used in this title, shall be iwe.ch.8iti, construed as meaning the person with whom the contract with ueanwoa! 14 * 1 the city is made, his assigns or legal representatives. 608 i:i,kctionm. Id -* 13 § 1838. Nothing in this title contained shall affect the validity of any claims or liens upon moneys due or to grow due under contracts made by the city prior to (he twenty-second day of 1881, cii. «9. May, eighteen hundred and seventy-eight, but the title shall an- In what canes i a a • i a n ./«-> I act to apply. ply to and include all cases and contracts under which work and materials have heretofore been, or shall hereafter be done and furnished upon any land, the title of which was, at the time of the making of the contract, and now is in the city, and for the performance of which appropriations have been, or shall here- after be made and raised by the city ; and s>hajl apply to and in- clude actions pending on the twenty-eighth day of May, eighteen bundled and eighty one, for work done and materials furnished under any such contract. CHAPTER XXIV. Elections. 1873, ch. 875, fi, ^ 183J>. Hereafter all officers to be elected by the people, in as amended c * * * ' Com V **' l ' lc C1 ^y a county of ^sew York, shall be chosen at the general Officers, at election held on the Tuesday succeeding the first Monday what election . - . ■ , , . . . . m u- chosen <>[ .\ , i \ i ■ 1 1 1 1 ) ( • v \n each year, except in cii-f where special or co°mmo^coun" f other elections may be authorized by law. The clerk of the board ciitogive. Q £ a i c ] ernicn ylia.ll, on the first Monday of October in each year, give notice by publication in not exceeding fifteen newspapers of large circulation, published in said city, specifying all the mu- nicipal officers (including ward and district officers; to be chosen at the general election in November following — comprising all the city officers voted for by the electors of the city at large — as well as all officers elected by wards or districts in said city ; and it shall not be necessary for the secretary of State to include in the general election notice to the sheriff of the county of New York any city or ward officers of the city of New York, nor shall any other notice of the election of such city and ward officers be re- quired, except the notice published by the clerk of the board of aldermen, hereinbefore specified. comp b 738 75, § "" § 1840. The days upon which the general or load election shall Election daya hereafter be held in the city and county of New York shall, for all purposes whatever, as regards the presenting for payment or acceptance, and of the protesting and giving notice of the dis- honor of bills of exchange, bank checks, and promissory notes, be treated and considered as is the first day of the week, com- monly called Sunday. F.I.KCTION r. ALLOTS. £ 1841. At elections hereafter to bo held in the city and »83», oh. bw, |8, * m amended count v of New York, the boxes to be used in receiving the bal- ': ;:i - rh " " - ; Lots thereat shall be marked and numbered successively as fol- iiaiioti.nx.-s. 1 »T 1 , ,, , it 1-1, IlOW llll>cl(«l lows: Number one, 1 resident ; number two, "State; num- m.d numb.-n-i her three, " Congress ;" "number four, "Senator;" number 18B0 > <*•»», * five, "Assembly;" number six, "City;" number seven, "Jus- tices f number eight, " Judiciary." And at every election here- after to be held in Said city and county such number of boxes, marked as aforesaid, shall be furnished, as may bo required by law, to receive the ballots to be used at such election. At any election at which any officers are to be voted for upon ballots not otherwise in this section provided for, there shall be provided as many additional boxes as there are additional kinds of ballots required. § 1S42. The ballots for electors of president and vice-president as amended 1873 ch tS£3 $ rt shall be the same as now prescribed by law, and. when folded, comp. res. ' shall be indorsed or show on the outside the words "President, ftrmofbaiiote- number one," and bo deposited in box number one. The names »8». cb. obb, |i. of all persons voted for by any elector at any election, in whose election all of the voters of the State have the right alike to participate, except electors of president and vice-president, and chief judge and associate judges of the court of appeals, shall be upon one ballot which, upon the face thereof, shall contain a designation of the offices and the name or names of the person or persons to bo voted for, or such of them as any voter may de- sire to vote for, which ballot shall be indorsed " State," and he- deposited in box number two. The name of the person desig- nated for representative in congress shall be on a separate ballot, which, upon the face thereof, shall contain a designation of the offico and the district for which the officer is to be elected: and which, when folded, shall be indorsed, or show upon the outside thereof, the words " Congress, number three," and be deposited in box number three. The name of the person designated for senator shall be upon a separate ballot, which, on the face thereof, shall contain a designation of the office, of the district for which the officer is to be elected, and which, when folded, shall be indorsed, or show upon the outside thereof, the words "Senator, number four," and be deposited in box number four. The name of the person designated for member of assembly shall be on a separate ballot, which, upon the face thereof, shall contain a designation of the office and the district for which the officer is to be elected, and which, when folded, shall be indorsed, or show upon the outside thereof, the words "Assembly, num- ber five," and be deposited in box number five. The names of the persons designated for aldermen to be elected by districts shall be on a separate ballot, which, upon the face thereof, shall GIO BUREAU OF ELECTIONS. "Judiary. contain a designation of the office and the district for which 1 1 1« - officers arc to be elected, and which, when folded, shall be in- dorsed, or show on the outside thereof, the words "City, num- ber six," and be deposited in box number six. The names of the persons designated for justice of the district court shall be upon one ballot, which ballot, upon the face thereof, shall con- tain a designation of the office and the district for which the officers are to be elected, and the name or names of the person or persons to be voted for, or such of them as any voter may de- sire to vote for, and which, when folded, shall be inorsed, or i860, ch. 553, si. show upon the outside thereof, the words " Justices, number seven," and be deposited in box number seven. The names of all persons voted for by any elector at any election for chief judge or associate judge of the court of appeals, justices of the supreme court, surrogate, and all other judges or justices, except such as are elected in and for a district which comprises less than the entire county, shall be upon one ballot, which ballot, shall be indorsed " Judiciary,'* and be deposited in box num- ber eight. The names of the persons voted for by any elector at any election for all city and county officers in whose election all the voters of said city and county have the right alike to par- ticipate, except judges or justices as aforesaid, shall be upon one ballot, which ballot shall be indorsed "City and County," and be deposited in box number nine. ISi:). At all elections hereafter held in the city and county of New York, the polls shall be opened at six o'clock in the morning and close at four o'clock in the afternoon. § ISii. At every election hereafter held in the city and county of New York, the election and canvass of the votes cast thereat shall be in all respects conducted in conformity to the provisions of the general election laws of this State, except as in this chap- ter otherwise provided. § 1S-45. It is hereby made the duty of the board of police to continue the bureau in the office of the department of police, known and designated as the bureau of elections. The affairs of said bureau shall, under and subject to such rules, regulations and orders as may from time to time be made and adopted by said board of police, be managed, conducted and carried on by a suitable and proper person, to be chosen and selected by said board, who shall be known as the chief of the bureau of elec- tions, shall hold office for the period of three years, and whose salary shall be fixed and paid by said board, at such sum as they shall deem proper, not exceeding five thousand dollars, and shall be removable by the board of police for cause, w. ?a § 1846. It shall also be the duty of the board of police to cause to be prepared, books for the registration of names and facts re- ''Cityand county." 1872, o!i. r.75, $5, Comp. 71M5. Unchanged, l'olls open at C -v. m. and close at 1 p. M. Id. §6. Elections to be conducted iu conformity \v itli •jeneral election law s. 1872, cli.073, §7. Board of police to establish bu- reau of elec- tions. To appoint a chief of the bureau of elections. Term of office and salary. Removable for cause. HOOKS OK KKOISTKATION. 01 I quired by this chapter. Said books to be known by the general Hoard of poiico name of registers, and to be so arranged as to admit of the Cn- lMX»kM for regis- , , _ , . . tratlonof tenng, under the name oi each street or avenue in each election name* and district, and the number of each dwelling in any such street or To contain tnt avenue, if there be a number thereto, and if there be no num- anaNo.oVcacu her, under such other delinite description' of the location of the Dion of nil dwelling-place as shall enable it to be readily ascertained, found, !.",>!- - '" and located, of the names of all male persons resident in each nli^mwi oT dwelling in each of said districts who shall apply for registra- whnt8lze - tion. Such register shall be ruled in parallel columns, in which, opposite to and against the name of every applicant, shall been tered the Avoids and figures hereinafter provided in this chapter, and shall be of such size as to contain not less than seven hun- dred names, and so prepared as that they may be used at each election in the city and county of New York, until such time as is in this chapter provided for the succeeding general registra- tion, and shall, on the inside, be in appearance and form as fol- lows, to wit : When used. 612 BOOKS OF REGISTRATION . K.}i| iMau.>nui|, (/ Jrfqui.iAOj; |jojo.\I .itnmi Jfuisnj.i j'. ..|U<[ a e ?* ti ;* Bp II e — SB X — II ? 1 a 1 £ i > >•>■ Court. if X ■ e. 3 CO >^ | 3 °i z a. a a RPi 1 t-" t parirojtiin.s; sis K O d 1 i ££ c - * > ■:< — 1 a I « h o = O □ 5 i i | h £ ill — — * 1 e 81 / g 5 i : c > K C o 5 ?l joioo :« • sea a q £ a a aj!a|J8X; 5 its . tn m iuaa v 5 is Mi — v.— DUTIES OK CHIKK OF Ill ltKAr ol KU"( "('IONS. 618 S 1S47. It shall not he lawful for the said I) »ard to alt.-r or «-•« ;•• ° as ninrnilivl change cither the nuinher or boundaries of any election district, ^^^ff 1 ' " save in such years as by law the said city and county is redis- it.-i^tri.-iii.^ tricted by assembly districts, and in such years as the usual and customary enumeration of citizens in the city and county of New York is had and taken, when as early as the first day of September in any such year a general redisricting of the city shall be made by assembly districts, upon the basis of the regis- tration of voters for that year last preceding the time of such re districting, in which members of congress shall have been chosen. Such redisricting shall be made in such manner that each election district shall contain as near as practicable two hundred and fifty voters on *the basis of such registration. On or before the fifteenth day of August, one thousand eight hun- dred and eighty-two, and in every second year thereafter, said board of police may divide such election districts, and such only as by the registration of voters of the two preceding years shall be found to have had an average registration of more than four hundred voters. But in any such division of any such district, one portion of the district shall retain the original numerical designation, and the other portion shall take the number follow- ing the highest numbered district in the assembly district of which it forms a part. No election district shall be in part within two congressional districts. § 1S48. It shall be the duty of the chief of the bureau of elec- Sp C ^ 5,,1 °' tions to receive, file, and preserve in his office all resolutions, chipfofburi.au ' ' r 'of elections to orders, rules, and regulations of said board of police, pertaining keep certain ' ' o l ) r tr> papers and pro to or in any wise affecting the conduct of the affairs of his bu- n ? 8 £ "ooksand reau; to prepare and furnish all necessary registers, books, maps, s,n,ioner > forms, oaths, certificates, blanks, and instructions for the use of the inspectors of election and the board of county canvassers; to provide for the furnishing of such officers therewith and with all necessary supplies; to have and retain the custody of all regis- J° ^ndTetp ters and copies thereof provided for in this chapter, all oaths of P ~ r ^ c ^*' pa ' office and of removal, and all records, papers, and certificates of every kind and nature pertaining to the affairs of his bureau, the conduct of any registration of electors, revision thereof, or of any election; and to have charge of the fitting up of all poll- ing places. The said chief shall, for any revision of any general SJ^oSffi registration, issue to each of the inspectors of election, in each cai "' M election district in the city and county of New York, one of the registers of said district in use therein at the preceding election, and returned to and filed by him in his office. § 1849. The chief of the bureau of elections shall have the ,d s» right, subject to the approval of the board of police, to appoint a chiefSerk. chief clerk, who shall receive a salary not exceeding two thou- Ssxlarr 614 INSPECTORS OF ELECTION. Hoard to fur- nish other cleri- cal force from among patrol- men. Id. $13. Inspectors of elections and poll-clerks ap- polnted.etc, by board of police. See (W X. Y.W.I; a Hun.2-.tt, 5 T. & 0. 67H: 57 How. 4-15. Four inspec- tors to each dis trict, two of each party. Commissioners of police of mi- nority party lo name inspect- On for each district, yualillcatlons. Manner of ap- pointment. OftUi of office. Certificate of appointment. Form of. sand dollars per annum. Such other clerical assistance as, in the judgment of said board, shall be necessary and proper for the faithful performance by the bureau of elections of the duties in this chapter imposed, shall be furnished by said board by detail from among the patrolmen under its command. § 1850. All inspectors of election and poll-clerks in the city and county of New York shall hereafter be selected and appoint- ed by the board of police, who shall also have power to make all necessary removals and transfers, and fill all vacaneies which may, from any cause, arise. It shall be the duty of the said board of police annually in the months of August and Septem- ber in each succeeding year, for each election district insaidcity and county, to select to serve as .inspectors of election, four pep- sons (two of whom, on State issues, shall be of different politi- cal faith and opinions from their associates, and those appointed to represent the party in political minority on State issues in the said city and county, to be named solely by such commissioner, or such of the commissioners of police in said board as are the representatives of such political minority), who shall be citizens of the United States and of the State of New York, of good character, and able to read, write, and speak the English lan- guage understandingly, qualified voters in said city and county, and not candidates for any office to be voted for by the electors of the district for which they shall be selected; but no person shall be required to be a resident or voter in the election district for which he shall be appointed an inspector. The person so selected shall be notified, examined as to their qualifications, and if approved, shall each take and subscribe before the chief of the bureau of elections or the chief clerk thereof, within twenty days from the date of notice of appointment, the following oath of office: ' % . residing at No. in the city of New York, do solemnly swear (or affirm) that I will support the constitution of the United States and of the State of New York; and that I will faithfully discharge the duties of the office of inspector of elections for the election district of the assembly district of the city of New York, according to the best of my ability: and that I am a citizen of the United States and of the State of New York, a qualified voter in the city and county of New York, and not a can- didate for any office to be voted for by the electors of the district for which I am appointed an inspector."' Whoever shall be nominated, approved, and sworn into office as an inspector of election, shall receive a certificate of appoint- ment from the board of police, said certificate to be in such form as shall be prescribed by the said board, and to specify the assem- I'OLI.-CLKRKS. Gl« r ) Term of office. lti'lll.H llU fl .'III Office; muniKT bly and election districts in and for which the person to whom the same is issued is appointed to serve, ami the dato of expira tion of his term of office. The inspectors of election, appointed under the provisions of this chapter, shall hold office for one year, unless sooner removed for want of the requisite qualifica- tions, or for cause, in cither of which cases such removal, unless " f pi '"''' < "'" made while the inspector is actually on duty on a day of regis- tration, revision of registration, or election, and for im- proper conduct as an election officer, shall only he made after notice in writing to the officer sought to be removed, which notice shall set forth clearly and dis- tinctly the reasons for his removal. Provided that any in- spector of election who shall at any time be appointed to fill a vacancy, which fact shall be stated in his certificate of appoint- JSrto^mec?. ment, shall hold office onlv during the unexpired term of his prod- S™*"™- " ° * li i ' No Inspector or ecessor: and that no inspector of election or poll-clerk shall he poii-cjerktoi* , L r transferred. transferred from one election district to another after he has en- tered upon the performance of his duties. § 1S51. Any person applying to register or offering to vote, ccmpjBo& ,,M ' or who is registered, may, on any day of any general registra- ^gjj^on ' tion, revision of registration or of election, be challenged by any Xnen>y such commis- sioner, or such of the commissioners of said board of police or his successors or their successors, as named the inspector or poll-clerk in whose place any such person is designated. § 1854. Inspectors of election and poll-clerks appointed in pur- suance of the provisions of this chapter shall each be entitled to receive seven dollars and fifty cents per day for each day's ser- vice at any registration, revision of any registration or election, which compensation shall be paid on the certificate of the chief of the bureau of elections as to the period of service; but no pay- ment shall be made to any person as an inspector of election or poll-clerk who shall not have taken, subscribed, and filed the oath or affirmation required herein, and who shall not, during the period of his service, have fully complied with all the require- ments of law in any wise relating to his duties, and the acting of any such person, in either of said capacities; without having taken, subscribed, and filed the said oath or affirmation, shall be deemed to be, and punished as a misdemeanor. Inspectors of election and poll clerks, during the time they shall hold such office, shall be exempt from the performance of military and jury duty. § 1855. Each and every person selected and notified by the board of police as its choice for the office of inspector of election, shall, on the receipt of notice thereof, appear within ten days thereafter, before the chief of the bureau of elections, for the purpose of examination, and, if found qualified, shall, unless ex- cused by said board, by reason of ill-health, or other good and sufficient cause, be bound to serve as such officer at every elec- tion for the term of one year from the date of his appointment, and in case of neglect or refusal to comply with the above re- quirements, or to serve or act, shall be liable to a penalty of one hundred dollars, recoverable by the said board by civil action, in any court of record, in the name of the treasurer of the board, and for the use and benefit of the police fund; and a failure on the part of any such person to present himself for examination, or to comply with any of the requirements of this chapter pre- liminary to receiving his certificate of appointment within the time prescribed, or to attend on the day of any registration or revision of registration, or the day of any election during said term, unless prevented by sickness or other sufficient cause, the burden of proof of which shall be upon the delinquent, shall be deemed a refusal within the meaning of this section. ■ KKGISTRATION OF VOTERS. 017 § 185G. The inspectors of election in each election district in oS^ac?"' 1 * the city and eoimty of New York, while discharging any of the inspector* to duties imposed upon them by this chapter, shall have full i'-t". M i" phio'.-V' * , , , i t i /. i of n'jfifiratlon authont v to preserve order and enforce obedience to their lawtul i ,,( .... ... election. command-; at and around the place 01 resist ration, revision oi Cfi gistration, or election, during the time of any registration, revision of registration, election, or canvass, estimate, or return of votes; to keep the access to such place open and unobstructed; to pre- vent and suppress riots, tumults, violence, disorder, and all other s "r•l"•' w • , rlo,h improper practices, tending to the intimidation or obstruction of voters, the disturbance or interruption of the work of registra- tion, revision of registration, or voting, or the canvass, estimate, or return of votes, and to protect the voters, challengers, and SdSmJ° tor " persons designated to watch the canvass of any ballots, from in- l "" f?eni timidation or violence, and the registers, polM)ooks, boxes, and ballots from violence and fraud; and to appoint or deputize, if aSumtS 1 * necessary, one or more electors to communicate their orders and nss| " directions, and to assist in the enforcement thereof. £ 1857. Hereafter there shall, in the city and county of New KPnera i York, be a general registration of the qualified voters resident SPSS? a ° Mt0 hi each election district in said city and county at the times herein- below provided, and then only: On Tuesdav four weeks, the on what days. Xfnipor&ry Wednesday of the third week, and the Friday and Saturday of provisions the second week preceding the day of the November election, in each year. For each and every election held in the city and county of New York, other than such as ahove designated in this section, there shall be a revision of the general registration ^tration'for had, as provided in this chapter, which revision shall be made on other elections, the Friday and Saturday of the second week preceding the day of each and every such election. § 1858. The inspectors of election appointed pursuant to the inspectors of provisions of this chapter shall, at the times in this chapter de- fueet' on 9haU signated for a general registration, meet in their respective elec- tion districts, at the places which, as provided in this chapter, shall he designated therein for such meetings, and at such times in each election district the said inspectors of election shall openly and publicly do and perform the following acts, viz. : h They shall organize, as a board, by selecting one of their *£ ,wloor K an number to act as chairman: but in case of failure to so organize within fifteen minutes after the time fixed for the meeting, the chairman shall he selected by lot. 2. They shall receive the applications for registration of such c£ion?io?reK- male residents of their several election districts as then are, or p^reon°"whT on the day of election next following the day of making such a^piy Dally applications, would be, entitled to vote therein, and who shall personally present themselves, and such only. tils DUTIES OF INSPECTORS OE ELECTION. Remain in ses- sion from H a. M. to '.) p. M. Form of oath. Examine each applicant. Enter In regis- ter name and No. of street. Proceedings if more than one family in a house. To enter No. of room or rooms occupied. Name of appli- cant, how en- tered. Nativity. Color. Term of resi- dence. Naturalization, how desig- nated, date of. 3. They shall remain in session on each of said days, between 1 1 ie hours of eight o'clock in the morning and ohm o'clock in evening, and shall administer, to all persons who personally apply to register, the following oath or aflirmation, viz.: "You do solemnly swear (or affirm) that you will fully and truly answer all such questions as shall he put to you, touching your place of residence, name, place of birth, your qualifications as an elector, and your right as such to register and vote under the laws of this Slate." 4. They shall then examine each applicant as to his qualifi- cations as an elector, and, unless otherwise provided herein, shall immediately, and in I lie prosenco of the applicant, enter in the registers to he made ami furnished as provided in this chapter, the statements and acts below set forth, and in the manner fol- lowing, viz.: First. Under the column "residence," the name and number of the street, avenue, or other location of the dwelling, if there be a number, but if there shall not be a number, such clear and definite description of the place of said dwelling as shall enable it to be readily as- certained, fixed, and determined ; and if there shall be more than one house at the number given by the applicant as his place of residence, in which house he resides, and if there be more than out? family residing in said house, either the door on which he reside-, every floor below the level of the ground being designated as the basement, the first floor on or above such level as the first floor, and each floor above that as the second, or such other floor as it may be, or the number or location of the room or rooms occupied by the applicant and whether front or rear. Second. Under the column "address," the name of the applicant, giving the surname and Christian name in full ; but the names of all perons residing in the same dwelling to follow each other, and to be under the street and house number, or other description, as provided of the dwelling. Third. Under the column of "sworn." the word " yes " or "no," as the fact shall be. Fourth. Under the column of " nativity," the State, country, kingdom, empire, or dominion as the fact shall be stated by the applicant. Fifth. Under the column of " color,." the words " white " or " colored," as the fact shall be. Sixth. Under the subdivisions of the general column of " term of residence," the periods by months or years stated by the applicant, in response to the inquiries made for the purpose of ascertaining his qualification and filling such column. Seventh. Under the column of " naturalized," the words "yes " or "no," or "native," as the fact shall be stated. Eighth. Under the column of " date of papers," the date of naturalization, if naturalized, as the same shall appear by the REGISTRATION OF VOTERS. Gl'J evidence of citizenship submitted or presented by the applicant in compliance with the requirements of this chapter. Ninth. Under the column of " court," the designation of the court in arwM*«owfc which, if naturalized, such naturalization was done, as the same shall appear by the evidence of citizenship submitted or presented by the applicant in compliance with the requirements of this c hapter. Tenth. Under the column of " qualified g^J^Sg,. voter,*' the words "yes" or "no," as the fact shall appear and JgJjgSJtlg* he determined by at least three of the board of inspectors of , election, it being however, required of them to designate as a qualified voter any male person who, being otherwise qualified, shall not at the time of making the application be of age, pro- c*»ni *f ori vided the time when such applicant shall be of the age of twen- |;^ oro , k ' cUo1 ' ty-one shall be subsequent to the date of his making application, and not later than the day of the election immediately following such time of applying. Eleventh. Under the column of '"date D *$i? , u a J3? u ' r 1 » cation, now • of application," the month, day, and year when the applicant entered, presented himself and was adjudged a qualified voter in the election district. § 1S59. On the days and at the times in this chapter desig- ch^rs,^, nated for any revision of any general registration, the duly Inspectors to qualified inspectors ofc elections shall meet in "their respective s'ionof rt^is- , . , . . •• . , .... i j. 1 tcrs and re- election districts, at the places which, m accordance with the <-<^ u, aM.;, requirements of this chapter, shall have been provided Car such son's "!,.,, 1 . ' . . i i> i names are not meetings, and shall openly and pubhclv do and peiform the pntneregia- " fc r ters, who on following acts, namelv : Each and every of the duties and re- next election ° ' j . j (lay would be inurements set forth in subdivisions one and three of section y/tcrsmthe l district. eighteen hundred and fifty-eight of this act. They -hall in each Proceeding if election district receive the applications for registration of such movedintothe , ., district since male residents of the election district, whose names are not then lastregtetra- borne upon the registers thereof, as qualified voters therein, as shall personally present themselves, and who, on the day of election next ensuing, would be entitled to vote therein , and as to all applications made to them shall proceed therewith in the manner provided in subdivision four of section eighteen hundred and fifty-eight of this act, provided that if, upon the examination, as in this chapter provided for, of any applicant for registration, it shall appear that he has, since the last day of any general registration of voters or revision thereof, in the said city and county of New York, moved into or become a resident of said election district, the said inspectors shall inquire from where such applicant removed or came from ; and if it shall appear that such removal was from a place within the said city and county, they shall inquire if, in the election district in which he resided at the time of the last preceding general regis- stration (naming such time), or in which he has resided at any <12 _ , _ . . , , , . , . sonaiiy apply York for registration, and shall liave in the registers therof to the board of " , i % * % inspectors, been entered as n quahtiod voter, and who shall at any time prior to the close of any general registration, or revision of registration, have removed from the dwelling-place under whic h he shall, as a resident, be borne upon the registers, may, upon any day provided in this chapter fof meetings of the in- spectors of election, other than the day of any election, person- ally appear before the said inspectors in the election district in which he resided at the time his name was entered upon the said registers, during the hours in this chapter provided for their sessions, and publicly take and subscribe, before one of said inspectors, the following oath or affirmation, which shall be known as an oath of removal : Form of oath " j ? residing at number in the election district of the assembly district of the city and. county of New York, do solemnly swear (or affirm i that I am duly entered in the registers of said election district, from said residence as a qualified voter, and that 1 have removed my place of residence to number in the election district of the assembly district of said city and county, and I do hereby request that the proper entries and records be made as the same are provided for by law, and that a certificate of removal be furnished me at this time." b^ttebtu**^ Upon such oath or affirmation being made and subscribed as of elections. herein provided, it shall be the duty of the said inspectors to carefully preserve the same, and file within twenty-four hours after the close of any general registration, or revision of regis- casetobe tration, in the bureau of elections. And upon any such person so taking and subscribing said oath of removal, the said inspec- REGI8TBATI0K of VOtEBRS. 621 tors of election, if B%tjsfied of the identity of the person making the same with the person he claims to he, as the description of said last-mentioned person shall appear on the resistors, and if not satisfiod therewith, shall at once, by a police officer present, or hy any one whom said hoard shall especially authorize, make an examination and inquiry at the place of residence of said person, as the same shall he entered upon the registers as to the fact of the removal of such person from said dwelling-place, S^^J&Tfc when if his removal therefrom shall he found hy the report of ^'eJjtoDe such person to be a fact, shall immediately proceed to strike made - from said registers the name of such person by entering in each of the registers, opposite to and against the name of any such person, and in the column headed " why disqualified," the word "removed;" in the column headed "date of erasing name," the month, day and year of such striking from said registers such name; and in the column headed "remarks," the words " transferred to," together with the number of the election and assembly districts to which such person shall, in his oath of re- moval, state he has removed, and the initial letters of the name of the inspector who shall in each of said registers make such entries; and shall, through the name of any such person, as the same shall appear on said registers, and there only, draw a lino as indicative that such name is erased from the registers of that election district, and the name of any such person so found stricken and erased from said registers, shall, as to his name and residence at the place in said registers entered under the column of "residence," be thereafter considered by the bureau of elec- tions, all inspectors of election, and all other election officers to be stricken from the registers of that election district, and shall be treated as if never entered thereon. If the dwelling place to Ke e,lt . r >' of th,; ° 1 name in sam; which any such person shall have removed, be within the bound- district register, aries of the same election district as was his former residence, as stated in the registers of said election district, the said inspec- tors shall in said registers, under the number or other descrip- tion of the dwelling-place to which such person has removed, enter his name, and in the several columns, opposite, and against the same, such words and figures, as prior to the striking from or erasing of the name of such person in the manner in this section above provided, were in the column similarly headed and opposite to and agaiust the name of each person as upon in case of re- said registers, it appeared under the dwelling-place from which "hodistrict he shall have declared he has removed; and if the dwelling-place mspeotors of ^ to which any such person shall have removed, shall be within to issue cerao- . r cate of the boundaries of any other election district than was the resi- removal dence, under which he was previously entered on'saidj registers, the said inspectors of election shall fill up. sign, and deliver to • ■.22 KKfJISTHATION oF VOTERS. such person a certificate, which shall be -known as a cer- tificate of removal, and shall be in th" words and figures follow ing, to wit : "certificate of removal. c&cato. " Pp^wg place of the election district, assembly district city of ,\cw York, IS To the board of inspectors of election, election district, assembly district. " This is to certify that the name of heretofore residing at in this election district, has bcon by Ub, the inspectors of election in this district, stricken from the registers of this district and the proper erasures made upon the oath of removal, and at the request of said above-mentioned person; and that upon the registers of this election district wen < -1 it . -red as to him the following statements: Name Residence Sworn Nativity Color Term of residence Assembly district County State Naturalized Date of papers Court' Qualified voters Date'of application [? o T >,ch.G75,iij, § 1S01 . The inspectors of election in each election district shall, inspectors of 011 eacn of any general registration, before adjourning, enter in teMn^p'uwrc oacn °f two books prepared for that purpose, one of which shall be -election bu- known as a public copy of the registers, and the other of which regi'steTa'ii en- shall be known as the election bureau copy of the registers, all such tries of that names an( j residences, and all such data, information, andstate- Kooksof regis- ments as during the day have been entered by the inspectors of {weueachTay. election in the registers provided in this chapter. And the whole six books shall, on each of said days, after the completion of such copies of the registers, be carefully compared throughout, so that each of the registers and the copies thereof shall, in every re- spect, agree with each other, and contain the name and residence of each person who shall have applied for registration, and the facts respecting him, as the same shall have been stated by him and entered in the registers, as provided in this chapter. The said inspectors shall, on the last day of any general registration. KKtilsTUATIoN OK VOTKKS. Certify each of said copies in the. saint) manner as if it WOT8 an Eart «py to be original, and within forty eight hums after their adjournment on said last day of any such general registration shall lile the dec- m*i tion bureau copy of the registers with the chief <>f the bureau of elections at his office, where the same shall be carefully pre- served. And the said inspectors shall, on the last day of any re- £^^3$, vision of registration, before adjourning, make a copy of the bemfde tob« registers as they shall then be made up for the election next ,'",, l ,'. k !,„ 1 'i' ;M " ensuing, which copy shall be marked and known as a public "' copy, and shall be certified as a copy of the original registers as then existing for the election next ensuing; and they shall also iV^T',. 1 ',. make, fill, and certify, in blanks to be prepared and furnished for |JjP" that purpose, tire name and all such other particulars as shall be S^SaSSnEo™ entered against or opposite to the name of any person which, hav- 10 -'' ing been once entered upon their registers, shall have been, on the days of any such revision of registration, for any reason stricken therefrom, as provided in this chapter, together with the name and all such other particulars as shall be entered against or opposite to the name of any person who shall, on any such day of revision, have been added by them to the said registers; and said blanks so filled up and certified, shall, within forty-eight hours after the close of any revision of registration, be left by Jobeiefta* J ° J bureau of one of said inspectors at the bureau of elections; and it shall be elections. the duty of the chief of the bureau of elections to immediately enter, or cause to be entered, in the election bureau copy of the Entries to bo registers of each election district, on file- in his office, all the "bureiwjco^ proper and necessary entries requisite to make said copy conform to said registers, and be always a copy thereof, § 1SG2. The inspectors of election in each election district in ^ 8, ( ^ , ' fl \, said city and county of New York on each day of- any general Registers at registration, or revision of registration, and before adjourning, registration . v. , „ i • , i i • j, day to be ruled shall, on each of the registers, and on each copy or copies there- orr after the • * •■ '-i-iin ii? -i-i -i ' ast name en - of, as in this chapter it is provided shall on each of said davs be terad to prevent ' r 1 -ii-i.il fa ' se entries, made or kept, draw in ink immediately below the last name entered underneath each dwelling place and below the last writ- ten words and figures entered opposite to or against such last name in each column, save that of residence, a heavy line as indicative of the fact that the entering of names on the said registers for the day mentioned in the column headed <; date of application," and opposite to or against the name of the last per- son entered under any dwelling place, there ceased. § 1S63. The inspectors of election in each election district in id. §so. the city and county of New York, shall, in a place to be provided ml^'mm therefor on each of the registers required in this chapter, fill up, cates ' date, and each sign with his name and place of residence the appropriate and proper certificate, which shall be either printed 624 ( KKTIFICATE OF INSPECTORS OF ELECTION. or written, and for a general registration shall be in the words IteSsraJ 1 and figures following, to wit : " We, the undersigned inspector; registration. f election, in the election district of the assembly dist rict of the city and county of New York, do jointly and severally certify that at the general registration of voters held in the said election^listrict, on the days of and the days of in the year there were regis- tered by us as qualified voters in the said election district, the names which in this book arc entered as of said days, and that the number of such registered qualified voters was and is 'Dated New York, ,18 . Form of revision of And for a revision of any general registration, said certificate regisu-rs. shall be in the words and figures following, to wit: " Vk V e, the undersigned inspectors of elections, in the election district of the assembly district of tho city and county of New York, do jointly and severally certify that at the revision of the last general registration of voters held in said election district, on the days of in the year of , there were by us added to the registered qualified voteis of said elec- tion district, the names which in the registers are so entered as of the said days, and that such number was and is , and that there were stricken from the registered qualified voters of said election district, the nanus which in the register appear on said days to have been stricken off and erased in the manner prescribed by law, and that such number was and is , leaving the total number of registered qualified voters in said election district for the next ensuing election , which is the num- ber of names now borne in this book as sweh qualified voters for such election. " Dated New York. .IS . ch. tto Conip. 812 § 1864. The inspectors of election in each election district in the city and county of New York shall, after making and sign- ing either of the aforesaid certificates, retain and carefully pre- DLTIl-S OK INSI'KCTOlfS ON ELECTION DAY. trj:, serve all the said registers provided for in this chapter— each JllS|M Tic. I , |.i spector retaining the hook which lie made, or of which Ik; had the custody and care on the days of any registration, or revision • of regifltrtion- for their use on the clay of the next ensuing elec- tion. The public copy of the registers they shall, at the clc SO of Public cow • << their proceedings on each day ok any general registration, and luStowtoS upon the determination of their proceedings on the last day of MM '""' '' any revision of registration, leave suspended in the place where such registration or revision of registration was conducted, where it shall be and remain until the next meeting of the rid inspectors, whether such meeting he for the purpose of registra- tion, revision of registration, or election, to the end that the same may be inspected and copied by any elector in said cit y and county. But on the day of any election the said inspectors "shall take possession of said public copy, and the chairman shall dtapoaod closely retain the same throughout the said day, returning it to ° f ' the chief of the bureau of elections, as provided in this chapter, for the return of the registry kept by him, and with said regis- ter; and said copy shall Jbe by the said chief of the bureau of elections retained and preserved and filed in said bureau. § 1S65. It shall be tne duty of the inspectors of election in isa.ch. roe, each election district, on each day of general registration or re- inspector*, vision of registration, and before adjourning, to copy from the registers the names and residences of all persons registered upon that day, so that the names of those persons having the same residence shall appear together in the form and maimer follow- ing, namely: , List of voters registered in the election district, of Fon ' 1 the assembly district, of the city and county of New York, on the . day of , eighteen hundred and duties of, to copy names. etc." Residence. Xauie. 141 East 32d street Hill, John H. Stevenson, Benj. K. Denison, Wm. M. Harrison, George E. Williams, James S. i, tt it tt 143 " " »« And they shall append thereto a certificate signed by each of oeraflcat. them, in the words and figures following, namely: "We, the f undersigned inspectors of election, in the election dis- trict, of the assembly district, of the city and county of New York, do jointly and severally certify that the list here- DUTIES OP INSPECTORS ON BtECTION DAY. unto annexed Is a true and correct copy of the Dames and resi< dences, upon the registers, of all persons who have been regis - h n 'I by us as qualified voters in the said election district, this day of , in the year SiSffiS* And it shall he the duty of the chairman of the hoard of in- spectors of election, in each election district, to deliver such list, copy, and certificate, prepared in the manner herein prescribed, immediately upon the completion thereof, to the captain of the police precinct in which the election district is situated; and it urereameto shall be the duty of such captain to deliver the same, "without glyBecortu delay, and within twelve hours after the close of each day of general registration or revision of registration, to the supervisor Of the City Record. It shall be the duty of the chief of the bureau of elections to prepare and furnish to the inspectors of elections in each election district the necessary blanks and foims PenaJtj tor as prescribed in this section. Any inspector of election who violation or * * * ibis nd shall neglect or refuse to comply with the recmirements,of this ection. shall be liable toa penalty of one hundred dollars, recov- erable by the board of police by civil action, in any court of record, in the name of the treasurer of the board, and for tho use and benefit of the police fund. i872,cb.875,S2a 1SGC. The inspectors of election in each election district of i oueieo- ' the city and county of New York, shall, on the day of any elec- No vote to be tion therein, have with them at the polling-place in said district name found on the registers provided for in this chapter. They shall each make use of one of said registers for guidance on said day, and no vote shall be received from any person whose name shall not be found by at least three of them to be upon at least three thVnameof * nc sa ^ registers as a qualified voter. The chairman an C nomS° be °f sa *& inspectors in each election district shall, if pres- ent, and if absent, then one of the other inspectors shall, upon any person offering to vote, announce in a loud, clear, and xo vote to bo ( ]i s tinct manner the name of such person, and no ballots shall be received until . * ' fiwuheuame received by either of the [inspectors, or deposited in any of the on registers, ballot-boxes until at least three of the said inspectors shall, as hereinabove provided, have examined and found the name and residence of such person and have declared the same, and that "ived'slnspee- suc h person is entered as a qualified voter; when, if the vote of the^iames'on^ sa ^ person is received, at least three of the inspectors shall the registers, write in the appropriate colu in ii bearing the heading "voted,*' and opposite to the name and i-esidence of such person, the DUTIKS OK INSI'KCTOIiS ON KLKCTION DAY. 6l'7 Word "ves." Jt shall be the duty of cadi Of the inspectors to fomectonto J j i note votes note on the register hi his possession, in a suitable and separate r ^ ! toS li ^i part thereof, the name and residence of each and every person, SmVnanu* of' if any, whose vote shall he received in contravention of the pro- "" visions of tin's section, and the name of the inspector or inspec : tors, if any, who shall so receive or deposit in the ballot boxes, or either of them, any such vote; and it shall further be the ,i duty of each of the inspectors, immediately on the dose of the cntuMond' polls on the day of election, to compare the said registers as I',/!.', 1 .!., 1 ;,'!!,'.;"" kept by them, as herein provided, and attach to i hem a certifi- cate in writing that the same are correctly checked, and within twenty-four hours after the completion of the canvass of the v<»tcs cast in the election district in which they served, to leave said registers at the office of the chief of the bureau of elections, whose duty it shall be to file and preserve the same, a-- provided in this chapter. And in no election district in the said city and 1 ' county shall any inspector, who has custody or charge of either twBratuSIf of the registers in this chapter provided for, ever permit said SuwSwsS^* register to leave his possession from the time of receiving custody of the same until he shall file the same, as provided in this chap- ter, save in the event of his resignation or removal, and the ap- pointment as provided in this chapter of his successor, when he Bhall promptly surrender and turn over the same to him. § 1867. The chief of the bureau of elections shall, from time compVs?' 120 ' to time, and at all times, have full power and authority to make Chief of eiec 1 - tion bureau to or cause to be made, such full, complete, and accurate copies as copyandkeep ' ' r ' r records of he shall deem necessarv, of therecordsof the names, residences, deathsoi j } ' , ' voters, age, date, and cause of death of each male person who shall die in the city and county of New York, as the facts in respect to such death shall be furnished to, or the said records shall be kept by, the register of records, in the department of police, or board of health in the city of New York, and shall keep, preserve, and file in his office all such copies of said record. § 1868. It shall be the duty of the chief of the bureau of elec- JJ* 8 "^ J tions, from time to time, as he shall obtain the names and facts J£™^ f T * t u e c ^ as to death provided in .the preceding section, to so arrange the f,'?^^'^ " y names of all male persons twenty-one vears of age and upward, dwtricta. with r » •/ c3 i 7 resirlenees. etc. who, by his records, appeared to have died subsequently to the passage of this act, as that alphabetical lists by assembly dis- tricts, With residences, ages, and a full statement of all particu- lars may, at any time, be made therefrom; .and from the names to furnish copy and facts so arranged, to have prepared and made, or printed, tor* lnspec ' and to cause to be delivered to each inspector of elections in each election district in the city and county of New York, on or be- fore the organization of the board of inspectors in each district on the first day of any revision of registration, an alphabetical 028 DUTIES OF CHIEF OV HUJiKAU OF ELECTIONS. To be called the "record of deaths." Inspectors to attach "record of deaths" to registers. itegliitt-r.-i i" be corrected by "record of deulllS." is-, 2. di d:,. 531, Comp. 81 1. Chief of bureau to prepare an- other "record of deaths." Called ''addi- tional record of deaths." To furnish copy to each inspec- tor to be at- tached to registers. On opening of polls the regis- ters to be cor- rected by "ad- ditional record of deaths." 187-2, eh. t::>, §32. Comp. 61! record of the male persons twenty-one years of age and upward, who, in the assembly* district in which »the election district in which the inspector is to serve, since the third day prior to the day of the last preceding election, and within at least five days prior to any such first day of revision of registration, have died. Said record shall he known and designated as a record of deaths; and it shall he the duty of each of the inspectors of election in each election district, upon the receipt of such record, to securely attach the same to the inside of the register in his custody, to the end that it may he preserved; and on the first day of any meeting of the inspectors of election in any election district, held for the purpose of a revision of registration, it shall he the duty of each in- spector, ;is soon as the organization of the hoard of inspectors is < ompleted, to examine the register in his custody, and as to the name of every person upon said registers, who by said reoord of deaths, shall, hy a coincidence in respect to said name and facts, appeared to have deceased, and opposite to and against every such name, to enter, in the column headed "why disqualified," the word "dead, "in the column headed "date of erasing name,"' the month, day, and year of such erasing, and in the column headed "remarks," the words "stricken from registers,"' adding against each such entry made in the column of "remarks," the initial letters of the name of the inspector making such entry, and through the name of every person so stricken from the registers, and then only, shall draw a line as indicative that such name is erased from the register of that election district. § 1SC9. It shall further he the duty of the chief of the hureau of elections to prepare hy assembly districts, in the manner set forth in the preceding section, an additional record of such deaths as shall have occurred subsequent to the date of the rec- ord of deaths provided for in the preceding section, and within at least three days prior to the day of any such local election held in the city of New York. Said record shall he known and des- ignated as an additional record of deaths, and a copy thereof shall, on or before the opening of. the polls in each election dis- trict on the day of any such local election, be furnished to each inspector, who shall securely attach the same to the inside of his register, to the end that it may be preserved, and he have the same during the day of election with him at the polling- place, and on the opening of the poll shall proceed to make the same examination, entries, letters, and lines as to the name of any registered person found upon said additional record of deaths, as is provided for in the preceding section in the case of the name of a registered person found on the record of deaths. § 1870. The record of deaths, and the additional record of deaths, provided for in this chapter and furnished to each in- REGISTRY ami POLLING PLACES. 029 Bpector, shall bo loft by him with tho chief of tho bureau of elec- tions at the time and in the manner provided for the return of tho register used by him on the day of any local election, and with such register. § 1871. From and after tho passage of this act, it shall bo the duty of each of the clerks of the courts of oyer and terminer and general and special sessions, to prepare, and on or before the fifth day of each and every month, to file with the chief of the bureau of elections a certified record containing the name, resi- dence, and age of each and every person convicted in each of said courts respectively of an offense punishable by death or im- prisonment in a State prison, during the month immediately pre- ceding, stat ing the alias or aliases of every such person, if known ; the offense with which charged ; tho action of the court ; and if sentenced, tho sentence imposed,' and whether confined in a State prison or a penitentiary. Any clerk of either of said courts who shall fail, neglect, or refuse to comply with the provisions or requirements of this section shall, for each and every such offense, be deemed guilty of a misdemeanor. § 1ST2. Any person who is a qualified voter in the city and coun- ty of New York may, upon any day of registration, or revision of registration, or of election, challenge and contest the right of any person to be registered in any election district, or to vote at any poll in the said city or county, or may require tho name of any registered person to be marked for challenge, and on any such day or days shall be entitled to be heard by the inspectors of election in any election district in relation to corrections of or ad- ditions to their registers. § 1S73. Hereafter the board of pojice of the city of New York shall designate and appoint the place of registry and poll- ing-place in each of the election districts of the city and county of New York, and shall hire all such places; and cause the same to be fitted up, warmed, lighted, and cleansed, and the work of registation shall be carried on at the places so desig- nated for such purposes. But in each election district such place shall be in the most public, orderly, and convenient portions of the district, and no building or part of building shall be desig- nated or used as a place of registry, revision of registration, or polling-place, in which, or in any part of which, spirituous or intoxicating liquor is sold, or has been sold within sixty days next preceding the time of using the same ; and no place shall be designated or used for any such purpose without the same shall be well lighted with gas — unless there shall be no place in the district obtainable which is so lighted — and the unoccupied space allowed in front of the ballot boxes, in any polling-place, shall be equivalent to a room at least twelve feet square. • Reoord of • l.-uihu." and "additional [-.-• ord of deaths,' in )„■ Died vtth thief of l.i 1 1 . if M. (33. Qan of courts to make month Jy reports to chief of Imrean of persons con- victed of crimes punishable with death or imprisonment In State prison. Neglect a misdemeanor. Id. |84. Qualified voters may challenge right to register or votn, Id. (30. Board of police to designate, hire, and tit up all polling- places. Location of polling-places. Not in any building where liquor Is sold, or has been sold within CO davs 630 POWERS OF ELECTION ♦OFFICERS. 1874, ch. 0«1, i Beg titration of VOttTH wcomp T 8i(i. 1S7J - At every election held in the city and county of New Eaoh political York, each political party shall have Che right to designate. party to have, , - * . Jl . haik-nKcra at place, and keep a challenger at each place of registration, revis- places of regis- . e . . . 1 " ' eWHoi.'"'' 1 10,1 registration, and voting, who shall he assigned suc h posi- tion immediately adjoining the inspectors of election as will en- able him to see each person as he offers to register or vote, and who shall be protected in the discharge of his duty hy the in- spectors of election and the police. Each polititical party may remove any challenger appoint" d by it, and all vacancies which, from any cause, shall arise, shall he hHed hy the same party, power, and authority as conferred the original'apjiointment. urawnded § 1875. No person who is registered in one election district shall register or cause himself to he registered in another district while any prior registration remains unerased, or ill any other manner than is in this chapter provided ; hut if in the event of any revision of any general registration in any portion of the city and county of New York, any person shall present himself before any hoard of registration for the purpose of being regis- tered as a voter, and it shall appear that the name of such per- son is borne upon the registry of any election district other than that in which he shall at the time of such revision make appli- cation for registration, and that since the day of the preceding election or registration he has removed from the district in which he was then registered to the district in which he shall at the time of any such revision, apply for registration, and it shall also appear that there is no meeting of the board of inspectors in the district in which his name shall be borne upon the registry for the purpose of revision, then and in such event oath of the oath of removal may be made before any member of the removal, before ... . whom made board of inspectors in any district to which he shall have removed, and the person so appearing at any such revision of registration shah 1 be entitled to all the rights and privileges to which he would be entitled were the registration a general registration, and the said person making an original application for registra- tion. ld S 38 - § 1S7C. For all powers, authority, and duties in this chapter Concurrence of ., . « _ , , ,, .. . - . majority of prescribed for or conferred upon, and all action required of m- required. spectors of election," or of a board of said inspectors of election, save where such authority or action is specifically allowed to each of said inspectors, the concurrence or assent of a majority of all the inspectors of election in any election district must in all cases be obtained, w. $8». § 1877. The several offices of inspectors of election and poll- polfnrlerks heki clerks, in this chapter named and created, are and shall be in all dtetrictrtHwrs. courts and proceedings deemed and held respectively to be elec- tion district offices, and it shall be the duty of the said inspect- Pi »LLr LISTS, • 631 ors of elections and poll-clerks respectively, or of a majority of the said inspectors, to be in constant attendance during the hours 1 10 and times fixed for the discharge of their several duties. § 187S. All data and statistics, and all registers, poll-hooks, jJJc^JV and records of every kind and nature which, under this chapter, taKbtan, J 1 books, paper*. or under any law of this State, or which in compliance with any {jjjjjgjjj^* direction, resolution, or order of the hoard of police of the city of New York, are or may he required to he made, ascertained, or kept by, or returned to or filed with cither the chief of the bu- reau of elections or the register of records, in the hoard of health, shall at all times, during office hours, be open to the inspection, examination, comparison, and copying of any ptizen or elector, free of any charge whatsoever. 1879. Any inspector of election, poll-clerk, or other officer of elec . of elections, oi any challenger appointed in compliance with the ^nJui'JS^T* provisions of this chapter, or any person designated as provided SSftomSta in this chapter to be present at the canvass of any ballots, shall f,''"/" ,. t c., into at any time between the Tuesday five weeks preceding the day ^t a i« catl " n of of any general or local election held in the city or county of New York, and ten days after the first official promulgation by the board of county canvassers of the canvass, declaration, and certificate of the result of any such election, have full power and authority to make a thorough and effective canvass of the elec- tion district in and for which he has been or was designated to serve and act, upon any day of registration, revision of registra- tion, or election, and to make full inquiry respecting any and every male resident of any dwelling, building, or other place of abode in any such election district, his age, term of residence, and qualification as a voter; but the power and authority by this ^!w^tht«M section conferred upon any inspector of election, poll-clerk, or ofofflce other officer of election, or any challenger or person designated to watch the canvass of ballots, shall wholly cease upon his re- signation or removal from the office or position to which he was appointed, or for which he was designated. § 1SS0. If at any time a special election shall be held in any ^ 4S - portion of the citv and county of New York, the same revision provisions 1 ' ■ . omitted. of registration shall be had and made for any such portion of Special election said city and county, and at the same intervals of time and the^^nuae times preceding the day of any such special election, and in the for local elec- same maimer as if the said election was a local election in, for, out city, and throughout the said city and oounty, and each and every of the provisions of this chapter not inconsistent with the terms of this section, shall apply with as full fouce and effect to any such special election or revision of registration therefor as if the same was for a local election in, for and throughout the said city and county. 632 # POLL-LISTS. Mi W- Street numbers to im altered only between 1st May and isi ( >ctober. 1KT2, ch.875, $44, Coinp. 818. Registered per sons not voting to lie nun ki-d on registers. Number of per sons voting to bo nscertnined nnd pro- claimed. Id. {45. Toll-list books to be kept. What to con- tain. Id. be ' 1 _ o|»ene. The said inspectors shall make triplicate statements co^aa 5, * 3C - of the result of the canvass and estimate of the votes. Each of Triplicate . . statements to the statements shall contain a caption, stating the day on which, bemade. and the numher of the election district, and assembly district, and the city and county in relation to which such statement shall be made, and the time of opening and closing the polls of such election district. It shall also contain a statement showing the whole number of votes given for each person, designating Certified and " 1 o o subscribed on the office for which the}' were given, which statement shall he f ach Bheet h >\ J Inspectors and written, or partly written and partly printed, in words at length; pou-cierk. and at the end thereof a certificate that such statement is correct in all respects; which certificate and each sheet of paper form- ing part of the statement shall he subscribed by the said inspec- inspectors de- • dining to ■* ii tors and poll-clerks. If any inspector or poll-clerk shall decline to 8tat ° 1 , reasons. to sign any return, he shall state his reasons therefor in writing, and a copy thereof signed by him shall be enclosed with each return. Each of the statements shall be inclosed in an envelope, which shall then be securely sealed with wax, and each of the inspectors and each of the poll-clerks shall write his name across every fold at which the envelope, if unfastened, could be opened, and across the seals thereon. One of the envelopes shall be statements to directed on the outside to the clerk of the board of aldermen, seVied,°and' another to the county clerk, and the third to the chief of the ^whom*' bureau of elections. Each set of tallies shall also be inclosed, !i ir !* :ted - . ' Tallies Inclosed securely sealed, and signed in like manner, and one of the en- and directed to mayor and velopes skall be directed on the outside to the chief of the bureau chief of bureau ■ of elections. of elections, and the other to the mayor. On the outside of every envelope shall be indorsed whether it contains the statement or the tallies, and for what election and assembly district. § 1S9G. Within twenty-four hours after the several state- id. jsr. ments shall have been subscribed, one of the said- inspectors shall at y u W uat t tim^' 1 deliver to the clerk of the board of aldermen the statement di- ^allme^to rected to him; another inspector shall deliver to the county clerk the statement directed*to him; and a third inspector shall deliver to the chief of the bureau of elections the statement directed to him. One of the poll-clerks shall deliver to the mayor the tal- be made. DISPOSITION OF POLL-LISTS AND II ALLOTS. tallica, by whom to be delivered. 1872,ch.07.->. Comp. tiXi. Poll-lists to be certified anil Sled with county clerk, and bureau "f elections. Id. {50.; Remaining ballots destroyed. Id. SCO. Deliveries, how made. Receipts to be given. Receipts to be tiled with comptroller. Id. SGI. Envelopes filed with clerk of board of super- visors to be opened. id. §Ci. Filed with county clerk. Id. SC3. Board ofcounty canvassers, duty of. How per- formed Id. SW. lies directed to him, and the other poll-dork shall deliver to (ho chief of the bureau of elections the tallies directed to him. § 1897. The poll-lists kept at such election shall he certified, in writing, hy both poll-clerks, to he a true and correct list of the vote cast at the said election, in their respective election districts, and within twenty-four hours of the close of the can- vass shall ho filed hy such poll-dorks, the one in the office of the county clerk, the other in the office of the chief of the hnreau of elections, and shall he there preserved! § 1898. The remaining ballots not so pasted or attached to said statements, as hereinbefore provided, shall ho destroyed, and the hoard of inspectors shall he dissolved. § 1899. In case any officer to whom any of the papers in the preceding sections are directed to he delivered shall he absent from his office, the same may ho delivered to the person author- ized in such case to attend to his official duties, and the officer or person to whom any envelope containing any statement or tally, or to whom any register, or copy thereof,. or poll-list shall be delivered as in this chapter provided, shall give a receipt therefor, to the inspector or poll-clerk from whom the same is received, and such receipt shall he filed hy said inspector or poll- clerk in the office of the comptroller, hefore any payment for his services'shall he made. § 1900. The envelopes delivered to the clerk of the hoard of aldermen shall "he kept sealed, and shall not he opened until the same are produced hefore the hoard of county canvassers, when they shall he opened for the canvassing of the returns, and, when so opened, the presiding officer of the said board shall mark each separate sheet of the statements with the initials of his name. § 1901. The envelopes delivered to the county clerk shall be kept sealed and unopened until the same shall he required to be opened by the board of county canvassers, or other lawful authority, and, when so opened, the officer or person opening the same shall mark each separate sheet of the statement with the initials of his name. § 1902. The board of aldermen of the city of New York shall he the board of county canvassers ; and it shall be their duty to finally canvass, declare and certify the result of every election hereafter held in the city and county of I\ew York. Such can- vass, declaration, and certification shall he made and conducted under the existing provisions of law, not inconsistent with this chapter, so far as the same are applicable. § 1903. If at any general registration of voters, or at any meeting of inspectors of election held for such purpose or for a revision thereof as provided in this chapter, any person shall IWI.sk RBGTTRATION. falsely personate an elector or other person, and register or at ^iSjrSwiS tempt or offer to register in the name of such elector or other person ; or if any person shall knowingly or fraudulently regis- ^\mmZ,tan tor, or offer or attempt, or make application to register, in or SE£5;3rto$JS under the name of any other person, or in or under any false, 'SJSwri^M assumed, or fictitious name, or in or under any name not his "'/;,! \\™Zi-' own ; or shall knowingly or fraudulently register in two election ^^h^v/n^" districts; or having registered in one district, shall fraudulently St^r^Sr attempt or offer to register in another ; or shall fraudulently [lonnm^™? ' register, or attempt or offer to register in any election district ' is * relonv not having a lawful right to register therein ; or shall knowingly or willfully do any unlawful act to secure, registration for him- self or any other person ; or shall knowingly, willfully, or fraudulently, hy false personation or otherwise, or by any un- lawful means cause or procure, or attempt to cause or procure, the name of any qualified voter in any election district to be erased or stricken from any register of the voters of such dis- trict, made in pursuance of this chapter, or otherwise than is in this chapter provided ; or by force, threat, menace, intimidation, bribery, .reward, or offer or promise thereof, or other unlaw fid means, prevent, hinder, or delay any person .having a lawful right to register or to bo registered, from duly exevcising such right ; or who shall knowingly, willfully, or fraudulently com- pel or induce, or attempt or offer to compel or induce, by such « means, or any unlawful means, any inspector of election or other officer of registration, in any election district, to register or admit to registration any person not lawfully entitled to reg- istration in such district, or to register any false, assumed, or fictitious name, or any name of any person, except as provided in this chapter ; or shall knowingly, or willfully, or fraudulently interfere with, hinder, or delay any inspector of election or other officer of registration in the discharge of his duties, or counsel, advise, or induce, or attempt to induce any such in- spector or other other officer to refuse or neglect to comply with or to perform his duties, or to violate any law prescribing or regulating the same ; or shall aid, counsel, procure, or advise any voter, person, inspector .of election, or other officer of reg- istration, to do any act by law forbidden, or in this chapter con- stituted an offense, or to omit to do any act by law directed to be done, every such person shall, upon conviction thereof, be adjudged guilty of a felony, and shall he punished by imprison- ment in a State prison not less than one nor more than five How years. § 1904. If, at any election hereafter held in the city and ^£^' 5bj ° 1 * * |XlU-('llTkH list, or shall knowingly insert in hi-- pull list am false statement , .i.-.i»r.-.i t<. i»- ' ° J - 1 * fi-lnllleH. or any name <>r statement, or any check, letter, or mark, except as in this chapter provided, he shall, upon conviction thereof, be adjudged guilty of a felony, and shall he punished by imprison- ment in a State prison for not less than one nor more than five years. § 1906. Every inspector of election who shall wilfully ex \ * ..f chide any vote duly tendered, knowing that the person offering j'E'^™ nl'.'-s. the same is lawfully cut itled to vote at such election, or shall willfully receive a vote from any person who has been duly challenged in relation to his right to vote at such election, with- out exacting from such 'person such oath or other proof of quali- fication as may be required bylaw, or who shall willfully omit to challenge any person offering to vote, whom he knows or suspects not to be entitled to vote, and who has not been chal- lenged by any other person, shall, upon conviction thereof, be adjudged guilty of a felony, and shall be punished by imprison- IIow P" ment in a State prison for not more than two years. 5j li»07. Every inspector of election, member of any board of cS^ip'tee 5 '* 68 ' canvassers, messenger, poll-clerk, or other officer authorized to certain acts of ' ° ' r 1 any officer of take part in or perform any duty in relation to any canvass or y,'',':,',',;,'. 1 ,.',^ official statement of the votes cast at any election, who shall board otam- J ' vassers 8 5 ' srr * mand of an inspector of election, or of any hoard of inspectors uw°fuTcom anr of election given in the execution of his or their duty as such, at or a ins P ^ct > or Utl any election, he shall, upon conviction thereof, be adjudged n^nfefnor. guilty of a misdemeanor, and shall be punished by imprison- ment in a penitentiary for not less than thirty days nor more than one year, or by a fine of not less than two hundred and fifty nor more than one thousand dollars, or by both such fine How punished, and imprisonment. § 1917. If at any general registration of voters, or revision w s 78 thereof, or on any day of election, or during the canvass of th 6 derly acts at votes cast thereat, - any person shall cause any breach of the frauonand 6 ^ peace, or use any disorderly violence, or threats of violence, Monies 01 *"* 1 whereby any such registration, revision, election, or canvass shall .be impeded or hindered, or whereby the lawful proceed- ings of any inspector of election, or board of inspectors of 61-4 OFFENSES UNDER THE ELECTION LAWS. How punished. Id. S79. Illli-rfiTcllir with election Olllceis III |MT- formunce. of duty, or to or from such duties, or threats or ttttetll|lts, declared mis dcmi-am ,rs How punished. 1872,ch.675, §80, Comp. 829. Willful neglect or refusal to perform duties or inspector declared a misdemeanor. How punished. election, or poll clerk, or other officer of such election, or challenger, or person designated to he present at the canvass of any ballots, as hereinbefore provided, are interfered with, every such person shall, upon conviction thereof, be adjudged guilty of a felony, and upon conviction thereof, shall be punished by imprisonment in a State prison for not less than one nor more than five years. 8 1918. If any person knowingly or willfully obstruct, hinder, assault, or by bribery, solicitation, or otherwise, inter- fere with any inspector of election, poll-clerk, challenger, or person designated as provided in this chapter to be present at the canvass of any ballots in the performance of any duty re- quired of him, or which he may by law be authorized or per- mitted to perform; or if any person, by any o£the means before mentioned, or otherwise unlawfully, shall, on the day of regis- tration, revision of registration, or of election, hinder or prevent any inspector of election, poll-clerk, challenger, or any person designated, as pr<>\ i « I * ■< 1 in this chapter, to be present at the can- vass of ballots, in his free attendance and presence at the place of registration, or of election in the election district in and for which he is appointed or designated to serve, or in his, full and free access and egress to and from any such place of registration, revision of registration, or of election; or to and from any room where any such registration, revision of registration, or election or canvass of votes, or of making any returns or certificates thereof, may be had-, or shall molest, interfere with, remove, or eject from any such place of registration, or poll of election, or of canvassing ballots cast thereat, or of making returns or certifi cates thereof, any such inspector of election, poll-clerk, chal- lenger, or person designated as provided in this chapter to watch the canvass of any ballots, save as otherwise provided in this chapter, or shall unlawfully threaten, or attempt, or offer so to do, every such person shall be guilty of a misdemeanor, and on con viction thereof, shall be punished by imprisonment in a peni- tentiary for not less than six months nor more than one year, or shall be fined not less than five hundred nor more than two thousand dollars, or both. § 1919. Any inspector of election who shall willfully neglect, or when called on, shall willfully decline to exercise the powers conferred on him in this chapter, for any of the purposes set forth in section eighteen hundred and fifty six of this act, shall be deemed guilty of a misdemeanor, and on conviction thereof shall be punished by imprisonment in a penitentiary for not less than thirty days nor more than one year, or by a fine of not less than two hundred and fifty nor more than one thousand dollars, or by both such fine and imprisonment. OFFKNSKS I'NDKK I UK KLKCTION LAW S. 045 § 1920. H any personshall, upon the day of any such election, orbefore the canvass of votes is completed, steal, Or willfully break or destroy any ballot-box used, or intended to be used, at such election, or shall willfully or fraudulently conceal, secrete, or remove any such box from the custody of th.' inspectors of elec- tion, or shall alter, deface, injure, destroy or conceal any ballot which has been deposited in any ballot-box at such election, which has not been already counted and canvassed, or any poll- list used, or intended to be used at such election, or any report, return, certificate, or other evidence in this chapter required, or provided for, shall on conviction thereof, be adjudged guilty of a felony, and shall, for each and every such offense, be punished by imprisonment in a State prison for not less than two nor more than five years. § 1921. If in any election district, at any general registration of voters or revision thereof, or at any election hereafter held'in the city and county of New York, any inspector of election or poll-clerk shall knowingly or willfully admit any person to regis- tration, or make any entry upon any register of voters or poll- book, or receive any vote, or proceed with the canvass of ballots, or shall consent thereto, unless a majority of all the inspectors of election in said election district are present and concur, he shall, upon conviction thereof, be adjudged guilty of a misde- meanor, and shall be punished by imprisonment in the county jail not less than thirty nor more than sixty days, or fined not less than one hundred nor more than one thousand dollars, or by both such fine and imprisonment. If any inspector of election in any election district shall, without urgent neces- sity, absent himself from the place of registration or the polls in said district, upon any day of registration or election, whereby less than a majority of all the inspectors in such election district shall be present during the hours of registration, election, or canvass of ballots, he shall, upon conviction, be adjudged guilty of a misdemeanor, and shall be punished by imprisonment in the county jail not less than sixty days nor more than six months, or shall be fined not less than five hundred nor more than one thousand dollars, or both. § 1922. It is hereby made the especial duty of the district attorney of the county of New York to immediately prosecute all complaints which may be made of a violation of any of the provisions of this chapter, or of the election laws of the State, to final judgment; and the court before which any conviction for such violation shall be had, shall not, in any case, suspend sen- tence or judgment for more than ten days; but no indictment for such violation shall be brought to trial unless the com- plainant (if any), if he can be found, shall have at least two Id. {81. fHf lint or destroying, ■earaubf oif removing lull- lot boxee or lilllliits JXlll list*. ri'iMirt, return, oernfl I'lltl', I'll' . lie clared a felony. How punished. Id. $82. Inspectors and poll-clerks admitting persons to registration willfully and unlawfully, guilty of a mis- demeanor. How punished. Absence from duty except from urgent necessity, a misdemeanor. How punished. Id. $83. District attor- ney to prose- cute all com- plaints of viola- tions of this " chapter to final judgment. Judgment not to be suspended more than 10 days. 046 OFFENSES UNDKR THE ELECTION LAWS. 1872,ch.«7S, $84, Comp. 830. Keeping bal- lots, elec- tioneering, and distributing tickets in poll- ing places, declared a misdemeanor. How punished. Id. $85. Havingdistllled or spirituous liquors in polling places, declared a misdemeanor. Id. $86. Irregularities in holding elec- tions. Id. $87. Effect of cer- tain acts. Id. $88. New rule of evidence. Id. $89. Meaning of word election as used in this chapter. days' notice, in writing, from the said district attorney, of the day when he intends to try the same. § 1!)23. It shall he unlawful for any inspector of election, poll-clerk, challenger, or person designated as provided in this chapter to be present at the canvass of any ballots in any dis- trict, during the election or canvass of ballots, to have or keep any ballots behind the boxes or within the polling-place, or for them or any person or persons within the polling-place to elec- tioneer, distribute tickets or ballots, or engage in any political discussion. Any violation of this section shall be a misde- meanor, and shall be punished by imprisonment in the county jail for not less than ten nor more than ninety days, or by a fine of not less than one hundred nor more than one thousand dollars, or both. £ l!i24. Whoever, during the sitting of any board of inspec- tor* of election in any ^election district in the city and county of New York, whether held for the purposes of registration, re vision of registration, reception or canvass of votes, or of making return thereof, shall bring, take, order, or send into, or shall cause to be taken, brought, ordered, or sent into, or shall at- tempt to bring, take, or send into any place of registration, or revision of registration, or of election, any distilled or spirituous liquors whatever, or shall at any such time and place drink or partake of any such liquor, shall be deemed and held to be guilty of a misdemeanor. § 1925. Irregularities or defects in the mode of noticing, con- vening, holding, or conducting an election, authorized by law, shall constitute no defense to a prosecution for a violation of the provisions of this chapter. § 1926. Every act which, by the provisions of this chapter or the general election laws, is made criminal when committed with reference to the election of a candidate, is equally criminal when committed with reference to the determination of a ques- tion submitted to electors to be decided by votes cast at an elec- tion. § 1927. Upon any prosecution for procuring, offering, or cast- ing an illegal vote, the accused may give in evidence any fact tending to show that he honestly believed, upon good reason, that the vote complained of was a lawful one, and the jury may take such facts into consideration in determining whether the acts complained of were willfully done or not. § 1928. The word election, as used in this chapter, shall be construed to designate only elections had within the city and county of New York, for the purposes of enabling electors to choose some public officer or officers, under the laws of this State or the United States, or to pass upon any amendment, ADVERTISEMENT OK ELECTION DISTRICTS, ETC. 047 law, or other public act or proposition submitted to vote by law. 5$ 192!>. The boundaries of all election districts, and the lo< a '•> " « 'as amended tion of all places of registration, revision of registration, or poll- |HTri - oh *«. R ii- it "i i-l- < J J* iv "Cinvmwni" mg places shall he public] v ad vert ised on the day preceding tlie f<.r "c-an»M§;" 1 * . . . . , °. " and In the tirst day of any general registration or revision of registration, j-uy ij^-oni" and on each day of registration, revision of registration, or day n„undari. : s <»r of election, and on such day or days only. The official canvass, tn^u""tc. to immediately upon its completion and declaration by the board of " *' " r * county canvassers, shall be publicly advertised for one day only. All advertising provided for in this section shall be done in two daily newspapers only, published in the city of New York, to be designated by the hoard of police, and in the City Record, and all matter advertised shall be prepared and furnished the jour- nals in which it is to be inserted, free from unnecessary verbiage or repetition; and in the publication of any official canvass, all numbers shall be printed in numerals only, and the statement or declaration shall be put in tabular form. § 1830. The legal compensation of all inspectors of election ^p"^ 5 -* 91 - and poll-clerks and other officers of election, the cost and ex- Expenses of e -it ii- elections to be peases ol all necessary election notices, posters, maps, advertise- a county nients, registers, books, blanks, and stationery, the rent and cost same manner of fitting up, warming, lighting, cleaning, and safe-keeping of of oou^ty 811 all places of registration, revision of registration, and polling- places, of furnishing, repairing, and carting ballot-boxes, and of all supplies of every kind and nature for all elections in the city of New York shall be a city charge, and shall, upon proper cer- tificates and vouchers, be paid *in the same manner as by law provided for the payment of other expenses of the said city of New York. The board of aldermen of the said city of New of alder . York shall yearly levy upon the estates, real and personal, of the "vy 1 th/ early said city and county of New York, the amounts estimated to be quired u>pay required to pay the expenses of the registration, or revision of Ii2ct^. 0f registration, and of all elections which may be held in said city and county during the year. § 1931. The sheriff or clerk of the county of New York, who 1w2.ch.i80.s14, shall receive a notice of an election, shall, without delay, deliver i86o.ch.48o, a copy of such notice to the board of aldermen, and each alder- Du™ P of^heriiT man of said city. He shall also cause a copy of such notice to ifee^n&m. be published once in each week until the election therein speci- fied, in such newspapers in said county, not exceeding fifteen in number, having the largest circulation in the city and the county. t;is FAST DRIVING AND INCUMBERING THE STREETS. 18.fi, ch. 11, $5, Comp. 857. Fast driving or riding, how punished. 1813, ch. 86, «1»8. 19«, Comp. 864. Carriages to take right Hide of rood. Penalty. Who liable for penalty. 1871, ch. 745, Jl, Comp. 857. Weight of loads and width of tires. Id. S2. Loaded vehi- cles to be weighed, when required. CHAPTER XXV. Various Subjects of Municipal or Local Reoulation. Title \.—The Streets. § 1932. Any person who shall drive or ride any horse through any street, lane, alley, or puhlic place within the city of .Now York, with greater speed than at the rate of five miles in an hour, shall he deemed guilty of disorderly conduct, and upon conviction thereof hy any magistrate, either upon the con- fession of the party or competent testimony, may he fined for such offense any sum not exceeding ten dollars ; and, in default of payment of such tine, may he committed to prison hy such magistrate until the same he paid ; but such imprisonment shall not exceed ten days. § 1933. In all cases of persons meeting each other in any street or road in the city of New York, in carriages, wagons, carts, or sleighs, each person so meeting shall go to that side of the street or road on his right, so as to enable the carriages, wagons, carts, or sleighs so meeting to pass each other, under the penalty of five dollars for every offense, to be recovered by an action, with costs of suit, in any court having cognizance thereof, by any person suing for the same. The proprietor of the carriage, wagon, or sleigh neglecting or refusing to turn to the right as above directed, shall be considered, if present at the time of such meeting, as the person committing the said of- fense, and if absent, then the driver thereof shall be so con- sidered. § 1934. No person shall, at any time* pass, drive, carry on or over the Southern Boulevard more than four thousand pounds (not including vehicle) at one load, on any vehicle on wheels, whose rims or tires are less than five inches in width. Any per- son violating the provisions of this section shall be liable to a penalty of ten dollars for each offense, to be recovered in the name of the mayor, aldermen, and commonalty in any district court. § 1935. The owner, agent, or driver of any loaded vehicle upon wheels, running upon the said Southern Boulevard, having rims or tires less than five inches in width, shall, upon being re- quired by the authority having charge of said Southern Boule- vard, permit such loaded vehicle to be weighed at the expense of PAST DRIVING AND INCUMBERING THE STREETS. ( ihd city upon any scales erected upon the Line of said Boule- vard to ascertain it' it exceed the weight permitted by law to be driven or carried over said road; and, upon refusal to do so. such owner, agent, or driver shall be liable to a penalty of five dollars for each offense, to he recovered in the same manner. § 193G. No person or persons shall t brow, cast, or lay any wa^ch. «rr, ashes, offal, vegetables, garbage, dross, cinders, shells, straw, 8>mp.85«, shavings, dirt, tilth, or rubbish of any kind whatever in any thiwingaahet gutter, street, lane, alley, or in any public place in the city, violations, ho* The willful violation of any of the provisions of this section : shall be and is hereby declared to be a misdemeanor, and shall be punishable 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 or more than five days. § 1937. Every person who shall willfully throw, expose, or i«o, ch. 19, n, place, or who shall willfully cause, or procure to be thrown, Throwing c« eXpOSed, Or placed, in Or UpOh any street, highway, OF public tastT^'u^de place in the city of New York, open for the passage of animals, «»»»w. any nails, pieces of metal, glass, or other substance or thing which might maim, wound, lame, cut. or otherw ise injure any animal, shall be guilty of a misdemeanor. § 1938. Every person who shall throw, expose, or place, or w is. who shall cause or procure to be thrown, exposed, or placed in or upon any such street, highway, or public place, except upon the curves, crossings, or switches of railroad tracks, any salt, saltpeter, or other substance for the purpose of dissolving any snow or ice which may have fallen or been deposited thereon, shall be guilty of a misdemeanor. jj 1939. No procession or. parade shall use any street, upon the ik^cIlmo, $1, surface of which is a railway track or tracks, by marching upon xo procession the said track or tracks ; and a free passage of cars upon railway teV^fwIth tracks shall not be interfered with by the formation, halt, or care upon rail- march of any such procession or parade, or of the persons how to cross composing it- Whenever any procession shall find it necessary ,ail,vav ,ra . ck9 - to march across a railway track, the portion of said procession which, in so marching, is likely to stop the passage of any car or cars upon said track, shall come to a halt in order to permit said car to proceed. §1910. All processions or parades occupying or inarching w.fs upon any street, to the exclusion or interruption of other citizens andpr"'-."'!.' 1 ^ in their individual right of use thereof (excepting the national ceptujwn e: guard and the police and fire departments), are forbidden, unless written notice of the object, time, and route of such procession or parade be given by the chief officer thereof, not less than six hours previous to its forming or marching, to the police authorities of the city ; and it may be lawful for said notice, etc. 650 I'ROCKSSIONS AM) I'AKADKS. Escort to bo f urnushed Id. IS, ns amrndrd I860, ch. 42, $l. Forbidden on Sunday. Fireworks, etc. prohibited. Id. |i Penalty 18G0, ch. 10, Comp. 1842. Railroads In pity of Nr w York. I") Barb, «*; 50 How. 121; 51 Barb. 285,909; K Rot .481, 1«79, ch. 523, Pomp. 197T. police authorities to designate to such procession or parade how much of the ivt 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 taid procession <>r parade shall he responsible that the designation is obeyed; and it shall be the duty of the police authorities to furnish such escort aa maybe necessary to protect persons and property and maintain the public peace and order. £ 1041. All processions or parades on Sunday, in any street or public place of the city, excepting only funeral processions engaged in the actual burial of the dead, and processions to and from any place of worship in connection with a religious service there celebrated, an- forhidden ; and in no Mich excepted case shall there he any music, fireworks, discharge of cannon or fire-arms, or other disturbing noise ; provided that in any military or grand army of the republic funeral, music may he played while escorting the body to and 1 1 oin such places, but such music shall not be played within one block of any place of worship where worship is being celebrated. 1!»42. Every person willfully violating any provision of the three preceding sections shall be guilty of a misdemeanor, punishable with a fine not exceeding twenty dollars, or imprison- ment not exceeding ten days, or both, at the discretion of the court. § 104S. It shall not be lawful to lay, construct, or operate any railroad in, upon or along any or either of the streets or avenues of the city, wherever such railroad shall commence or end, except under the authority and subject to the regulations and restrictions which the legislature may have granted since the thirteenth day of January, eighteen hundred and sixty, or may hereafter grant and provide. This section shall not be deemed to affect the operation, as far as laid, of any railroad at such date constructed and duly authorized. Nor shall it be held to impair, in any manner, any valid grant for or relating to any railroad in said city, existing on the first day of January, eighteen hundred and sixtv. § 1044, It shall not be lawful to grant, use, or occupy for the purposes of an elevated railroad any portion of the following named streets and places, that is to say, Second avenue below Twenty-third street, Xassau street, Printing House square, so called, south of Frankfort street, Park row, Broadway south of Murray street, Broad street, and Wall street. But nothing herein contained shall be construed to take away any right given by the report of the rapid transit commissioners, so called, or any existing right to cross at an elevation any of said streets, or to affect any act passed before Juno nineteenth, eighteen RAlLROA&S IN TttE BTREET8. hundred and seventy-nine, restricting the right t<> use or occupy any of said streets. § 1945. It shall not be lawful for any company organizod !';,'; ;, under the provisions of chapter six hundred and six of the laws of eighteen hundred and seventy-five, or under any other act ;■< jjjctej n.. eer passed hefore June eighteenth, eighteen hundred and seventy- N Y five, to construct a steam railway upon St. Nicholas avenue, or those streets or avenues in said city commonly known as boule- vards, except to cross the same, under such regulations as shall he imposed by the commissioners provided for by said act, and every such company shall be bound by the restrictions and lim itations as to its route and as to its mode of construction, which shall be established by the commissioners appointed under the acts from which its powers were derived, as far as such restric- tions and limitations are consistent with the provisions of said chapter six hundred and six of the laws of eighteen hundred and seventy-five. The provisions of this section shall not be deemed to apply to any horse street railway existing on June eighteenth, eighteen hundred and seventy-five and theretofore authorized to bo constructed. § 1940. It shall not be lawful for commissioners appointed cS^ia?'* 4 ' pursuant to the provisions of chapter six hundred and six of the ?Jg5Ti!' 'in- laws of eighteen hundred and seventy-five or the amendments thereof to locate the route or routes of any railway over, under, through or across Broadway or Fifth avenue, below Fifty-ninth street, Fourth avenue above Forty-second street, in the city of New York, nor over, under, through or across such portions of streets and avenues as are already legally designated for the main line of or occupied by an elevated or underground railway, in actual operation, nor over, under, through or across such as are contained in public parks, nor over, under, through or across such as are occupied by buildings belonging to the county, or to this State, or to the United States. § 1947. No stage or omnibus route, or authority to run stages com^aBa ' 5! or omnibuses in said city, shall hereafter be granted by the com- common coim- mon council, unless a majority of the owners of property upon the street or streets, avenue or avenues, in or upon which any such route or privilege is to be operated, shall, before the com- mon council act on the subject, first consent in writing thereto. § 1948. Before any route for the running of omnibuses or J^ip h ei* ,sU stages shall be established or allowed to be operated in said city, Licensing of • • i -i t i f r ominous and except as provided in section nineteen hundred and fifty-one, Ihe stages, application therefor shall be made in writing to the mayor of said city, specifying the route proposed to be established and the number of stages or omnibuses proposed to be run thereon ; and unless the said mayor shall communicate such application to the OMNIBUS AND BTA(«K ROUTKS. 1857. ch.ftlO, J?, Comp. titS. Who to run BtagCM. 18M,eh.M2, $15 i Somp, Btt, Consent, when und how terminated. ni. |ic. Sta^o routes established before April 1. 1854. 1854, ch. 142, $17, Conip. 802. Regulations. 1813,eh. 86, $206. Comp. 864. Penalty for injuring lamps, windows, knock< rs, etc. common council, with hie approval thereof, and a majority of tlie members elected to such hoard shall, after receiving such communication and approval, vote in favor thereof, no such route shall he established or operated ; and upon such favorahle action, such route may he established and operated accordingly, and the ownership thereof may be transferred. § 1949. Any stage route or privilege hereafter granted hy the common council shall he disposed of at public auction, in the mannci now provided by law for the disposal of the franchises of said city, to the bidder who will give the largest sum per an num, with adequate security, to the corporation of said city, for the right or privilege. g 1950. No consent or authority given, pursuant to the pro- visions of the last section hut one, shall he terminated or altered unless by the concurrence of the votes of two-thirds of all the members elected to the common council, nor unless the mayor shall approve and certify his approval thereto, except that his approval is not necessary to an alteration or extension of route of any company organized under chapter one hundred and forty- two of the laws of eighteen hundred and fifty-four ; and when such authority or consent shall be terminated or altered, without the consent of the proprietors of the route, they shall he entitled to receive compensation from the corporation of said city for the damages sustained by them thereby, provided that such action is not in consequence of the violation on the part of the proprie- tors of such route of the provisions of law, or of such regulations as the said common council may lawfully impose upon such pro- prietors. § 1951. The provisions contained in the preceding section shall apply to all routes for omnibuses or stages established on or be- fore April fourth, eighteen hundred and fifty-four, in said city ; and licenses then in force for omnibuses or stages therein, and any such routes or licenses established or in force shall he deemed to have the approval and consent hereinbefore provided for, and have the same effect as if made or granted pursuant to the pre- ceding provisions, and may be transferred by the owners thereof and operated accordingly. The corporation of said city shall be entitled to demand and receive license fees at the then existing artes, and to take the necessary means to collect the same. § 1952. It shall not be lawful to run stages or omnibuses in said city except in conformity "with the four preceding sections. § 1953. If any person shall willfully break, take down, or carry away any glassdamp 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 HKK.VKINt « STI5KKT I. AMI'S, KT( . city, and shall bo thereof convicted before the recorder, or bo- fore either of the police justices, either by the confession of the party or by tbo oath of one or more credible witness or -wit- nesses, he or she shall, for every such offense, pay a fine not c.\ feeding twenty-five dollars, one-half to be paid to the person or persons -who shall prosecute for the same to effec t. Upon re- *••»*• r ' 1 On refllRAl of fusal of payment of such fine, it shall and mav be lawful for i^v>»;-nt r J ' J offender to bo such recorder or justice, before whom such conviction -ball take committed to J ' l>eiiltt-ntlaiy place, to commit such offender (o the penitentiary, there to re- main without bail for the space of t wo months, or until such fine and costs are paid: and if any such offense shall be com- mitted by any apprentice or servant, such forfeiture shall be paid by his or her master or mistress, or in default thereof such rorsarWat. apprentice or servant, shall be committed to such penitentiary in manner aforesaid. § 1954. It shall and may 'be lawful to and for any sheriff, ^amSu deputv sheriff, marshal, or member of the police force, who offenders L " ' 1 whose names shall see anv person commit anv of the mischiefs or trespasses are unknown. J * - 1 may be aforesaid, if such person or persons shall be unknown to such f the offenses aforesaid m the presence of such sheriff , tionor offenses. deputy sheriff, marshal, or member of the police force, then every such sheriff, deputy sheriff, marshal, or member of the police force, shall forthwith give information thereof to such recorder or either of the police justices, in order that such of- fender may be convicted thereof and punished. § 1955. Neither the two preceding sections, nor anything therein contained, shall bar or preclude any person or persons vWnJvoUr from recovering his, her, or their damages against any other damages, 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 bee;i passed. § 1950. Every person who shall or may be present when any ia. 5210. of the mischiefs or trespasses in the three preceding sections Iramedsuito. mentioned shall be committed, shall be deemed to be guilty thereof, and be subject to the penalties inflicted therein, al- though he or she shall not be aiding, abetting, or assisting there- in, unless such person shall give evidence whereby to convict 554 BREAKING STREET EAMl'S, ETC 1*!;), ch. 88, §an, Comp. wv> Informer not liable, for penalty 1887, ch bOO, i'J7, Comp. M7. No ob truc- Uodh around lauding of malreanes of llurlim bridge 1681, ch. 310. Owners may lay out parts, etc. Not to be ex- pense to city. 1881, ch. 280, sii. 3. Upon railroad company tiling bond to pay half the co6t, city to construct iron bridge. Plans, eto. the person or persons really guilty thereof, or unless he or she shall declare upon oath that lie or she came there accidentally, and that he or she doth not know who the offender or offend- ers is or are. § 1957. If two or more persons shall have been jointly con- cerned in committing any of the offense s aforesaid, and one or more of them (not being before informed against) shall, within (he 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 he liable to the payment of the fine herein- before mentioned, but shall, notwithstanding his or her offense, bo entitled to the reward hereinbefore allowed to informers, any- thing hereinbefore contained to the contrary thereof in anywise notwithstanding. § 1958. It shall not be lawful to place, or cause to be placed, any obstruction or impediment at or around the landing of the staircases at the terminus at each end of the Harlem and Coles' bridge, the creation at which shall he deemed a misdemeanor, punishable, on conviction, by a fine of not more than twenty- five nor less than ten dollars. And the police department is hereby charged with the execution of the provisions of this section. § 1959. The owners of property situate on East Forty-second street, between First and, Second avenues, are authorized to lay out, sod and cultivate two small parks on East Forty-second street, between said named avenues, and to inclose said parks with an iron railing; the said work and improvement to be done at the expense of said owners and under the direction of and according to plans approved by the commissioner of public works of said city. Said parks when laid out shall be main- tained and kept in good order by said owners without expense to and continue only during the pleasure of the mayor, alder- men, and commonalty of said city of New York. § 1960. Upon the New York and Harlem Railroad Company filing with the comptroller a bond to pay one-half of the cost thereof when the same shall be completed, it shall be the duty of the mayor, aldermen and commonalty of the city of New- York to construct an iron bridge for foot passengers and car- riages over Fourth avenue at Ninety-seventh street at an eleva- tion above the railroad at least equal to that of the bridges now spanning said avenue at Forty-fifth and Forty-eighth streets. Such bridge to be constructed upon plans and specifications to be approved by the commissioner of public works, and it shall be the duty of said commissioner to cause such bridge to be con- structed as soon as practicable after the filing of said bond. The ESTABLISHING AND ALTERING GRADES. grade of Ninety-seventh street shall hi' conformed •<> the eleva- tion required for said bridge. § 1961. Fourth aveune at Ninety-eighth street shall not be flourtt »v™m . fluHril t.) foot crossed by foot passengers or carnages on the level <>t the rail- -«^-n. road, but Ninety -eighth street shall be closed for that purpose at the easterly and westerly lines of said avenue. Title 2. — Establishing and Altering Gh'ades, § 1902. The grades of the streets and avenues as fixed and es- W.'v tablished south of Sixty-third street in said city, or which shall di'vy '.!•'»;. be hereafter fixed and established by the common council north GMdea'of oer- of Sixty-second street, shall not be changed* or altered except as tn in uit. ri'ii hereinafter provided. Whenever an application shall be made to sBonr.ta; change or alter the grade of any street or avenue established be- pjVr.M S '!w'i. fore said date south of Sixty-third street, or which since said Noticeof »ppii date has been or may* hereafter be established north of Sixty- l-".^/.'.'? any second street, in whole or in part, or if at any time the common puwwii^d* council shall deem it expedient to alter or change any such grade in whole or in part, it shall be the duty of the commissioner of public works to give notice of such application or intention, and the said notice shall be published in the " City Record," and when authorized in accordance with the provisions of section sixty-six of this act, in four daily newspapers in said city for ten days be- fore it shall be lawful for the said common council to take any action upon such application, or upon such proceeding for the change of such grade; and it shall not be lawful for the said common council to alter or change, in whole or in part, the grade of any street or avenue in said city, established on or before March four, eighteen hundred and fifty-two, south of Sixty-third street, or which has been established since that date, or which may hereafter be established north of Sixty-second Writ ten COI1- street, except upon the written consent of the owners of at least thirds of two thirds of the land in lineal feet fronting on each side of the «"T ers nece *' street or avenue opposite to and adjoining that part thereof, the grade of which is to be changed or altered. And hereafter, . whenever the said common council shall propose, to establish, change, or alter the grade of any street or avenue of said city, north of Sixty-second street, like notice of such intention shall jt&SSSSma 01 be published as provided for in this section. But nothing in stn ''' t this section contained shall apply to any street or avenue com- prised in the district referred to in the next section. The com- missioner of public works shall have the special powers enumer- ated in section three hundred and thirty nine with reference to the streets therein referred to. § 1063. The commissioner of public works shall have and ^f\, c!l mr - possess exclusive power to alter and amend the grades which 656 ESTABLISHING AND ALTERING GRADF8. Comp. 669,1009. J 872, ch. 872, $7, Comp. 303. Commissioner Of public works to havu control of certain Ktreets, etc. 08 N. Y. 246; 4 Hun, 461; C4 N. Y. 061 ; 58 N. Y. 486; 4 Daly, 385; 49 How. 40r,; 50 N. Y. 493; 54 How. 313; 59 How. 140; 21 Hun, 533. Maps of Kirn i-, what to show and wh<>re fll<>d. Ib07, cl). 697, *3, Comp. 659, 1009. Maps to be final. r, Daly, 16; 62N.Y. 623.024; 3 Hun. 766. Damages, how to be paid. 1866, ch. 367, §2. Comp. 1004. existed on April twenty-fourth, eighteen hundred and sixty- seven, in any street, avenue or road then existing and still re- maining, and to establish new grades for all streets, avenues or loads that were laid out and established or retained within that part of the city, which is bounded as follows: North- One Hundred and Fifty- westerly side of Eighth y side of Fifty-ninth street, and also within a space three erly by the southerly side of fifth street, easterly by the avenue, southerly by the southei and westerly by the Hudson river ; hundred and fifty feet in width surrounding the Central park. The said commissioners shall in all cases of the establishment by him of grades for streets, avenues or roads, cause to be made- two similar maps or plans, showing the grades that shall be amended or established by him for the streets, avenues, and roads, and said maps or plans when so made, shall be certified by one of the officers of the department of public works, to be designated by said commissioner for such purpose, and one of said maps shall be filed by said commissioner of public works in and remain of record in his office, and the other shall remain of record in the department of public parks. The maps or plans, when made and filed as aforesaid, shall be final and conclusive, as well in respect to the mayor, aldermen and commonalty of the city of New York, as in respect to the owners and occupiers of lands, tenements and hereditaments, within the boundaries aforesaid, and in respect to all other persons whomsoever, with the same intent and effect as if the same had been laid out and established by the commissioners appointed in and by the act entitled "An act relative to improvements touching the laying- out of streets and roads in the city of New York, and for other purposes," passed April third, eighteen hundred and seven. All damage to any land or to any building or other structure there- on, existing on the twenty-fourth day of April, eighteen hun- dred and sixty-seven, or any street, avenue or road laid out on the map of the city of New York, within the district speci- fied m this section by reason of altering the grade of such street, shall be ascertained and paid in the manner specified in sectiou eight hundred and seventy-three of this act. And whenever said commissioner shall deem it proper so to do, he may file maps, plans or surveys in the manner before provided, showing the grades for the streets, avenues and roads' within any particular section of the district mentioned. § 1964. Whenever the grade of any street, road or avenue, or part of any street or avenue, shall after April fourth, eighteen hundred and sixty-six, have been or shall be fixed, established or changed by the commissioners of the Central park, or the de- partment of public parks, or the commissiorer of public works KKKKIES AM) RKIIXiKS. 657 wln.'ii acting as the successor of said commissioners in executing powers originally conferred upon them, such grade shall not he thereafter changed, unless the owners of two-thirds of the land in lineal feet fronting upon the street, avenue or road, or part of such street, avenue or road, where such change is pro posed to he made, shall first consent in writing to such change of grade, and file their consent in the office of the department of public parks or the commissioner of public works as the case may he. And upon such consent heing so filed, such grade may he changed by said department or commissioner, if it or he shall deem it expedient to, make such change, and if any such change of grade shall he so made hy said department or com. comp h ion!' * 5 ' missioner it or lie shall cause map£, plans or surveys showing such changes of grade as may he so made, to he filed in the said department or the office of said commissioner as the case may he. $ 1005. Nothing of this title contained shall he deemed to af- fect the powers conferred upon the department of public parks, with reference to grades hy sections six hundred and seventy to six hundred and seventy-four, inclusive, of this act, nor those con- ferred upon the commissioner of public works by sections three hundred and thirty six and three hundred and thirty-nine to three hundred and forty-two, inclusive. Title 3— rFerries and Bridges. § 1UGG. No person, other than the mayor, aldermen, and com- e ', 3 n ch i!»o' 5i3 ' monalty or bv their authority, shall erect or keep a ferrv be- xo person but .." . .. ^_ , 1 T ti-ip7i « corporation of tween the citv of New lorkand Long Island, for the carrying NewYo*to - , iii i keep a ferrv be- or bringing of any passengers, horses, cattle, hogs, sheep, goods, ^f"-^/'' 5 ' merchandise, or other things whatsoever, over the said ferrv Islan ; 1; >»>!>•'•» ' . ° ' - penult v. with or without any hire or reward, under the penalty of one hundred and twenty-rive dollars for every such offense. § 1907. The Union Ferry Company is required to run a boat ^ 1,c1 ^' from the foot of Catharine street in the city of New York, to Number of trips the foot of Main street, in the city of Brooklyn, once in every 10 em e ' fifteen minutes up to twelve o'clock p. m., and once in every half hour from that time uutil five o'clock a. m. § 196S. The company, corporation, and persons owning or j£V h - 2281 managing the ferry run and operated between Bridge street, in comp. isw. the city of Brooklyn, .and a point situated between James street boats to be and New Chambers street, in the city of New York, are required nm to run and operate said ferry that the boats on said ferry shall make a trip and passage each way between the points aforesaid a* often as once in every fifteen minutes, between the hours of five o'clock in the forenoon and ten o'clock in the evening of 658 I KKKIKS AN I) BRIDGES. m-i, eh'. 180, si. Comp. ISB1. Ferry-bouts to bo provided. Scol875,cb.C15. How to be run. Id. |2. Ferry-boat* to be provided How to be run. 1872, ch. 188, S8, Comp. 1SGB. Penalty for failure. Rates of fare. Penalty. 1875. cb. 615, HI, 2, Comp. 1236. Ferriage for foot passen- geis, vehicles, etc. ovory day. Any deviation from tho requirements aforesaid, caused by ice, wind, tide, or unavoidable accidents, shall not bo ;i violation of such requirements and directions. c 1 ;*«;;». 'J'lic les-ee or bis assigns of the ferry ac ross the East river from the foot of Truth street, in the city of New York, to (iieonpoint, in the city of Brooklyn, must provide and navigate upon said ferry two good and substantial steam ferry boats, which shall be run in such manner that one of said boats shall leave each slip as often as once every fifteen minutes betweon the hours of five o'clock in the morning and nine o'clock in tho evening, and every hour from nine o'clock in the evening until one o'clock in the morning. § 1970, The lessee or his assigns of the furry across the East river, from the foot of Twenty-third street, in the city of New York, to (ireenpoint, in the city of Brooklyn, must provide and navigate upon such terry two good and substantial steam ferry boats, which shall be run in such manner that one of such boats shall leave each slip as often as once every fifteen minutes be- tween tho horn s of five o'clock in the morning and nineo'cclock in tho evening, and every half hour from nine o'clock in the e veiling until one o'clock in the morning. § 1971. If the lessee or his assigns of either of said fenies mentioned in the two preceding sections, shall fail to comply with the said provisions, it shall not bo lawful for such lessee or his assigns to charge or receive more than the following rates of ferriage, to wit: For each foot passenger, two cents; each ono- horse carriage, with horse and driver, fifteen cents; each two- horse carriage, with horses and driver, twenty cents. And if in such case the said lessee or his assigns, or any person in the em- ploy of said lessee or his assigns shall demand or receive any higher rates of ferriage than those established by this section, the said lessee or his assigns shall forfeit to the party aggrieved, the sum of twenty-five dollars for each and every offense, to be recovered before any justice of the peace, or in any court of the State having cognizance thereof. Any deviation from the re- quirements of said sections caused by ice, wind, tide, or una- voidable accidents shall not be held to be a violation of such re- quirements and directions. § 1972. It shall not be lawful for any person or corporation operating any ferry along that portion of the city of New York between Houston and Thirty-fourth streets and the seventeenth ward of the city of Brooklyn to charge, collect or receive ferriage at a higher rate than three cents for each foot-pas- senger, during any portion of the day or night. The rates for wheel vehicles of all kinds, and for neat cattle, sheep and hogs, on all such ferries, shall not exceed those at present charged. liKouKI.YN KKRHIKS. collected and received. Such persons or corporations operating S^^y? 1 any such ferry shall provide and navigate on each separate ferry between said places good and substantial steam ferryboats, which shall he run in such manner that one of said hoats shall leave the slips as often as once in every fifteen minutes between the hours of six o'clock in the morning and nine o'clock in the evening, and between the hours of nine in the evening and mid- night, once in every thirty minutes ; and the hoats running be- tween Twenty-third street, New York, and the said seventeenth ward of Brooklyn, shall continue to inn after midnight, and until six o'clock in the morning, once in every thirty minutes. ^ 1973. If any such persons or corporations operating any Pe JjJ»_ such ferry, shall demand and receive any higher rate of ferriage for foot-passengers than prescribed in the preceding section, or for wheel vehicles, neat cattle, sheep and hogs, any higher rate than was on June twenty-first, eighteen hundred and sewnty- five, established, or shall omit to run hoats within the hours and time therein specified, when the same can lie done with safety, any such person or corporation shall forfeit and pay to any per- . son aggrieved the sum of fifty dollars for each and every of- "eSaUy" 70 ' fense, to he recovered before any justice of the peace in any court having cognizance thereof ; and framed copies of this and the preceding section, and of the ferry rates for other than foot- passengers, shall be printed in clear and legihle type, and sus- pended within view of the several offices and waiting-rooms of the ferries above described. § 1974. It shall not be lawful for any person or corporation, comp. law.' operating any ferries between the city of New York and that riag«bet!^t] portion of Brooklyn lying along the East river between the jJ^oMhS* Navy Yard and Bushwick creek (except the Roosevelt street Sa^^d^nd terry) to charge, collect, or receive ferriage at higher rates than Sedc^ as prescrihed by this section ; which are hereby established as the legal rates of ferriage upon the aforesaid ferries, that is to say : For each one-horse buggy, wagon, gig or sulky, twenty cents ; for each one-horse business wagon, cart or truck with driver, empty or with ordinary load not exceeding ten feet in length, fifteen cents ; for each two-horse pleasure carriage, twenty-five cents ; for each two-horse truck with driver, loaded with ordinary load of sugar, distillery products, rope, flour, or empty, thirty-five cents ; and for the same with extra load, fifty cents ; for each two-horse business wagon and driver, empty or loaded, not exceeding seventeen feet in length, thirty cents : for each two-horse market wagon and driver, loaded, thirty- five cents, for the same empty, thirty cents ; for each one-horse market wagon and driver, loaded, twenty-five cents, and empty. See 1*75, ch.615 I'.ItnOKI.YN it.rimf.h. \m. ch. us, {2, Comp. 1396. Kates now charged by New Yoi k and Brooklyn Pen y Comuniiy le-n'i/.-d Id. $3. Not to apply to Roosevelt streot ferry Id. $4. How N. Y. ami B. Ferry Co. re- ouireB to run boats on all fer- ries operated by them 1875, ch. 300. $1, Comp. 1236. Id. |3. Bridge declared a public high- le'/i, ch. 300, |5. Comp. 1438. twenty cents. And the rates of fare for each foot passenger shall not exceed two cents on nny of the aforesaid ferries. § 1975. The rates of fare or ferriage charged on the twenty - fiffch day of May, eighteen hundred and seventy-two, by the New York and Brooklyn Ferry Company for the transportation of persons, vehicles or property between the cities of New York and Brooklyn, upon and over tho several ferry routes then ran and operated by said ferry company, arc established as the legal rates for ferriage or transportation over said ferry routes, ex- cept as reduced by the preceding section ; and it shall not be lawful for any corporation <»r person who may ran or operate said ferries, to charge, collect or receive any greater rates of fare or ferriage for tho carriage of persons, vehicles or property upon or over the said ferries, than such as are allowed and es- tablished by the provisions of tin's and the last preceding sec- tions. § 1 ; ♦ 7 ♦ *. . Said rates of faie or ferriage shall not apply to or affect the ferry i mining from, at or near Broadway, Brooklyn, E. D., to or near Roosevelt street, New York, commonly known as the Roosevelt street ferry, but the rates of fare or ferriage charged on said date for the transportation of persons or prop- erty over said ferry shall be and continue the legal rates of ferriage thereon, provided always that ten foot-passenger tick- ets sliall at all times be sold at the ferry boxes at the entrances to said ferry for twenty-five cents. •s l'.'TT. The New York and Brooklyn Ferry Company are required to run their boats on all ferries operated by them all night, and after the hour of twelve o'clock at night, and before rive o'clock in the morning, as often as once in thirty minutes, and as often as once every eight minutes from each terminus from half-past five o'clock to nine o'clock every morning, and from half-past four until seven o'clock every evening, and once every ten n urates during the remainder of the day, except upon the Sabbath, when said company shall run their boats on all ferries as often as once every twelve minutes, between the hours of seven o'clock in the morning and the same hour in the even- ing. § 197S. The bridge in the course of construction over the East river, between the cities of New York and Brooklyn shall, when completed, be a public highway for the purpose of rend- ering the travel between the cities of New York and Brooklyn certain and safe at all times, subject, nevertheless, to such tolls and prudential and police regulations as the trustees thereof shall from to time establish and prescribe. § 1979. Said trustees may make and establish, from time to time, ordinances and laws under reasonable penalties, to be re- THE BROOKLYN BRIDfiK. 861 covered on their behalf and in their name hy the title of " The Trustees of the New York and Brooklyn Bridge" in any court, in the city and county of New. York or county of Kings, having jurisdiction of justices of the peace, regulating the use of the said bridge and the travel over the same by persons, vehicles and animals, and for the protection thereof and all appurtenants thereto ; and may keep and maintain the said bridge in good and proper condition ; and in case of injury or damage thereto, t^pUn may repair and restore the same. >5 The said trustees shall have power to fix the rates of M -l 7 - toll for persons, vehicles, and animals of every kind and descrip- tion, passing over the said bridge ; and may operate and authorize to be operated, a railroad or railroads over said bridge, and fix K*uroa.i-.ov.-r r 1 i bridge, the fare to be paid by any passenger on any railroad operated by them. § 1981. Concurrent jurisdiction shall be possessed by the j'j^ courts of the citv and county of New York and of the city of rem jurtHdi..- •J J tlon of. Brooklyn and the county of Kings respectively, and by the judi- cial and administrative officers of the said cities and counties respectively, over all crimes and offences committed upon said bridge. It shall be the duty of the said trustees to appoint, and thev are herehv authorized to appoint an adequate police force, and Poiiee foree.ap- polntment of to regulate and direct the same for the protection of the said bridge, and of the travel over the same, and of all persons, vehicles, railroad cars and animals using or passing over the same ; and the police- men so appointed shall have and possess all the powers of police- men of the cities of New York and Brooklyn. The compensa- compelwtt>n tion of the said policemen shall be fixed by the said trustees, and of ' shall be a charge against said bridge and paid by said trustees. ^ Anv person vwlfullv doing anv injury to the said !jtj£\ 10 J r jo. J./ lUful injurr bridge or anv of its appurtenances shall forfeit and pay to the to bridge, a" ° » 1 ' * * misdemeanor. said trustees three times the amount of such injury, and shall be deemed guilty of a misdemeanor, and be subject to a penalty Penalty, not exceeding five hundred dollars, and to imprisonment not ex- ceeding six months, in the discretion of the courts. Title +. — Auctions and Auctioneers. § 1963. All sales at public auction in the city of New York, ^tof^- not under the authority of the United States, shall be made by com P . sri. li-iii • i i • * Sales, by whom an auctioneer who shall have given the security hereinafter re- ma°e quired, or by a copartner or clerk of an auctioneer duly author- ized under the provisions of this title. Goods damaged at sea Goods damage.1 and sold for the benefit of the owners or insurers, shall be sold under the direction of the wardens of the port. 669 AUCTIONS AND AUCTIONEERS. oSmMJ* 5,18 ' § 1984 ' 11 slia11 bo the dut y of tho ,)0ara * of port-wardens, or cJmp.Vo. 5 ' w ' somo one of tlie members thereof, to attend, personally, all sales warden to of vessels, when condemned, vessels' 1 1 u 1 1 < 'i i a 1 s , and troods in a Attend Hales. ' » O damaged state, which shall he sold at public auction in the port of New York, by reason of such damage, for the benefit of owners or underwriters, or for account of whom it may concern ; and it shall be the duty of auctioneers making such sales to give due notice thereof to said board before the sale, and all such sales shall be made by auctioneers under the direction and by order of the wardens, for which service they shall be entitled to receive a rommission of one-half of one per cent, on the gross amount of sales thereof, to be paid to such board of wardens on demand, by the auctioneer making such sale, and such property shall be exempt from the payment of auction duties to the State ; and it shall be the duty of auctioneers to make monthly statement i under oath to said board, specifying the total amount of each day's sale made by them under this act, which statement shall be filed in said warden's office, and the wardens, when required by the owner or consignee thereof, shall certify the cause of such damage, the amount of such sale, and the charges on the same, all of which shall be recorded in the l>ooks of said office. The books of such auctioneers shall be open at all times to the in- spection of the board of port- wardens. tSm^87*f 8,Wl § 1985 - AH auctioneers doing business in. the city shall here- after be required, between the first and tenth of June, in each and every year, to obtain from the mayor of said city a license to engage in and aarry on such business and occupation, upon filing a bond with two good securities in the penal sum of two thousand dollars. »S5 6 '6 C 7' 82, § 198fi - Every auctioneer shall, within ten days after the bond Duu-^of m c squired by law shall have been executed, and the certificate re- Uoneera in New quired by law indorsed thereon, file a copy thereof, and also a copy of slid certificate, certified by the officer taking the bond, with the clerk of the city and county of New York. The clei*k shall keep a book or books, with an index alphabetically arranged, in which he shall cause to be recorded every bond so filed, for which he shall be entitled to a fee of fifty cents for every bond so filed, to be paid by the party executing such bond. Every auc- tioneer neglecting to file such certified copy within the[time herein Penalty for specified, shall forfeit for every such neglect the sum of one hun- dred dollars, such penalty to be sued for and recovered by the dis- trict attorney, and when recovered to be paid into the treasury of the State. oSb li'ja," 17i § 1987. Every auctioneer shall, under his own proper name, l^rt^es! give previous notice in one or more of the public newspapers eomp. en. printed in the said city, of every auction sale that shall be law- yer] AUCTION SALES. fully made by him; and in case ho shall be connected with any person or linn, bis name shall in all cases precede separately and Notice, how to individually the name of such pei-son or the title of the firm under which he transacts business. § 1988. Every auctioneer, copartner, or clerk of an auctioneer, IJ i- and e*ery other person whomsoever in the city of New York, who shall advertise a sale by auction in any other manner than the one prescribed in the foregoing section, or shall be concerned jn any sale by auction not advertised in the aforesaid manner, shall, ou conviction thereof, forfeit the sum of five hundred dol- lars for each offense, and be also subject to imprisonment at the discretion of the court in which he shall be tried; but such im- prisonment shall not exceed six months. § 1989. Every auctioneer, within ten days after he shall have w. l«. , M exhibited his account, shall pay for the use of tins State the 1*13. en. m. duties accrued on the sales mentioned in the account, and im- b"{'aui. w cnl " mediately after such payment shall deliver or transmit such ac- count, with the affidavits indorsed thereon and annexed thereto, to the comptroller, to be filed in his office. § 1990. Every such payment made by an auctioneer shall be w 533 , , ,, , _ Conip. 872. made to such bank in the city of New York as shall be designated Payment*, by the comptroller as entitled to the State deposits according to mwi*. law, and the receipt of the proper officer of the bank shall be taken therofor. § 1991. All sales of goods by public auction in the city of New w York by an auctioneer shall be made in the day-time, between \*ork. mNew sun-rise and sun-set, excepting — 1. Books or prints. 2. Goods sold in the original package, as imported, according to a printed catalogue, of which samples shall have been opened and exposed to public inspection, at least one day previous to the sale. Every auctioneer who shall violate the provisions of this sec- Pewny. tion shall be deemed guilty of a misdemeanor. § 1992. Any auctioneer who shall hereafter make or cause to o^z^m.*'* 1 ' be made any false or fraudulent representations or statements in Fatoewtawd- respect to the character of such sale or the party authorizing the mentsdeemeda r , misdemeanor. same, or the quality, condition, ownership, situation, or value of seei8M.ch.i38. any property, real or personal, exposed, put up, or offered by him for sale at public auction, or who shall put up or offer for sale any property, real or personal, in respect to which any false or fraudulent statement or representation shall have been njgde by him, or to his knowledge, as to the character of such sale or the party authorizing the same, or as to the quality, condition. ownership, situation, or value of such property, shall be deemed guilty of a misdemeanor, and on conviction thereof, shall be 664 l-'KKS OF AUCTIONKKKS. Id. |8. Recovery .if penalty from auctioneer, by action nt Inw lRj«, ch. J38. $1, Com p. K4. 1870. cb. 819, |1, fomp. 876. Auctioneers' few on judicial sales. Id. |S, Comp. 876. Fees or com- pensation not *o bo divided. Id. |3. Penalty. punished by imprisonment obi exceeding one year or by a fine not exceeding one thousand dollar?. § 1003. Any person who shall purchase any property at pub lie auction in respect to which any false or fraudulent representa- tion or .statement as to the character of such sale or the party authorizing the same, <>r as to the quality, condition, ownership, situation, or value of such property, shall have been made to his knowledge, may sue and recover from the auctioneer conducting such sale, or in whose name it shall have been conducted, a penalty of five hundred dollars in addition to any damages sus- tained by him by reason of such false or fraudulent statements or representations. §1004. The mayor, on the complaint of any person having been defrauded by any auctioneer, or the clerk, agent or assignee of such auctioneer doing business in the city and county of New York, is hereby authorized and directed to take testimony under oath relating thereto: and if the same charge shall, in his opinion, be sustained, then he shall revoke the license granted, and com- mit the parties for trial according to law. and direct the bonds to be forfeited. § 1905. No auctioneer shall hereafter demand or receive for his services, in selling at public auction, any real estate directed to be sold by any judgment or decree of any court of this State, a greater compensation or fee than fifteen dollars for each parcel separately sold ; but where such sale is made at any public sales- room, said auctioneer may demand and receive such further amount not exceeding two dollars for each parcel separately sold as he may have actually paid for the privilege or right of making said sale in such salesroom as aforesaid, but where one or more lots are so sold at public auction with the privilege to the pur- chaser of taking one or more additional lots at the same rate or price, nothing herein contained shall be construed to prevent the auctioneer making such sale from demanding and receiving for his services the compensation or fee above allowed, for each ad- ditional lot taken by said purchaser under such option or privilege. § 1906. No fees or compensation which any auctioneer re- ceives, or is entitled to receive, on any sale under the provisions of the preceding section shall be divided with, or any portion thereof, either directly or indirectly, allowed or paid to, the re- ceiver, referee, sheriff, or other officer under whose direction such sale is made, or to any of the attorneys in the action or pro- ceedings. § 1007. Any person who shall violate any of the provisions of the two preceeding sections shall be deemed guilty of a misde- meanor, and shall, upon conviction, ba punished by a fine of not AMUSEM KNTS. r.f,;, less than two hundred and fifty dollars, and nut exceeding five hundred dollars for each offense, and also by the revocation of his license as auctioneer. Title 5. — Am usemen ts. § 1998. It shall not be lawful to exhibit to the public in any tan, ch. ass, |i, building, garden or grounds, concert room or other place or room \-^Z- rxhiw- within the city, any interlude, tragedy, comedy, opera, ballet, ltJX£ussa h ' play, farce, minstrelsy, or dancing, or any other entertainment mv^rJa-, of the stage, or any part or parts therein, or any equestrian, un ' circus, or dramatic performance, or any performance of jugglers, or rope dancing, or acrobats, until a license for the place of such exhibition for such purpose shall have been first had and ob- tained, as hereinafter provided. § 1990. The mayor of the city of New York is hereby .author- h. ized and empowered to grant such license, to continue in force j^JSe? ^ rant 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 p&ai&tor proprietor of any such exhibition or performance who shall Sttiront neglect to take out such license; or consent, or cause, or allow ,K '" 1N ' , any such exhibition or performance, or any single one of them without such license, and every person aiding in such exhibition, and every owner or lessee of any building, part of a building, garden, grounds, concert room, or other room or place, who shall lease or let the same for the purpose of any such exhibition or performance, or assent that the same be used for any such pur- pose, 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 subjected to a penalty, how penalty of one hundred dollars for every such exhibition or per- 52pa«Sof! nd formance, which penalty the society for the reformation of juvenile delinquents in said city is hereby authorized to prose- cute, sue for, and recover for the use of the said society in tin name of the people of the State of New York. § 2000. The said mayor is hereby authorized to grant licences w. ja. for said exhibitions or performances for any term less than one ^"months year, and in any case where such license is for a term of three orless - months or less, the said mayor is hereby authorized to commute for a sum less than said five hundred dollars, but in no case less than two hundred and fifty dollars for a theatre, or one hundred and fifty dollars for a circus, concert room, or other building or place whatsoever. § 2001. Upon granting every such license authorized by this U -H title, the said mayor shall receive from the person to whom the,f<*£° s ' '° a ° 666 LICENSES FOB IM.ACKH OF AM USKMENT. inrz, vh. fm, |5. Conjp. *10. ! h < DM, bow rovokcd. Fffrrt of revocation. Id. J6. Violating Pro- visions of this title, how punishable. a. 17. Duly of police. Id. §*. In case of vio- lation, who rnav proceed by injunction, name shall bo granted tlic amount payable for Bald license, as above provided, which amounts as respectively received by him shall be paid over to the treasurer of the society for the reforma- tion of juvenile delinquents in the city of New York, for the use of said society. § 2002. Any license provided for by the four preceding sec- tions may be revoked and annulled by any judge or justice of any CQUrt 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 de- termine the same summarily; and no appeal shall be taken from Mich determination; and any person whose license shall havo been revoked or annulled shall not thereafter be entitled to a license under the provisions of said sections; on any examination before an officer, pursuant to a notice to show cause as afore- said, the accused party may be a witness in his own behalf. § 2003. Any person violating any of the provisions of sections nineteen hundred and ninety-eight and nineteen hundred and ninety-nine shall be deemed guilty of a misdemeanor, and upon conviction shall be punished by imprisonment in the penitentiary for a term not less than three months nor more than one year, or by a line not less than oneThundred dollars nor more than five hundred dollars, or by both u h fine and imprisonment. 2004. It shall be the duty of every chief of police, sheriff, deputy sheriff, constable, captain of police, policeman, and every other police officer, to enter, at any time, said places of amuse- ment and to arrest and convey any person or persons violating any provisions of sections nineteen hundred and ninety-eight and nineteen hundred and ninety-nine forthwith, before any police justice, or recorder or magistrate, having jurisdiction in said city, there to be dealt with according to law. § 2005. In case any person shall open, or advertise to open, any theatre, circus, or building, garden or grounds, concert room or other place for any such exhibition or performance in said city, referred to in section nineteen hundred and ninety- eight. 'without first having obtained license therefor, as provi- ded for by section nineteen hundred and ninety-nine, it shall and may be lawful for the said society for the reformation of juvenile delinquents in the said city to apply to the supreme court, or any justice thereof, for an injunction to restrain the opening thereof, until he shall have complied with the requisi- tions of said section in obtaining such license, and also with such order as to costs as such court or justice may deem just and proper to make; which injunction may he allowed, upon a I'ltOIIlBITION OF SUNDAY AMl SKMKNTs, ETC. CG7 complaint to be in the namo of said soeictv, in the same manner i-s'.ch n. r. as injunctions are now usually allowed by the practice of said court. Any injunction allowed under Ibis seel ion may be served by posting the same upon the outer door of the theatre, or circus, or building wherein BUCh exhibitions may be pro- posed to bo held, or if the same shall be in a garden or grounds, tben by posting the same at, or on, or near the entrance way to Notice of tn- any such place or exhibition; and in case of any proceeding l.'.'i'J'^".!. ' against the manager or proprietor of any such theatre, circus, or building, or garden or grounds as aforesaid, it shall not be necessary to prove the personal service of t lie injunction, but the service hereinbefore provided shall be deemed and held sufficient. § 200G. The provisions and requirements of sections nineteen ists, ch. m. jo. hundred and ninety-eight to two thousand and five, in- i-v;. .°n! ITiut! other dancing, or any other entertainment of the stage, or any part or parts therein, or any equestrian, circus, or dramatic performance, or any performance of jugglers, acrobats, or rope dancing. Any person offending against the rersons exhib- . . . \, . - 1 - v ■ -u itin K or leasing provisions ot this section, and every person aiding m such to others to *x . , . . , bibit it, fruilty exhibition bv advertisement or otherwise, and every owner, or of mi S u>. •» • •■ J 1 tueanor. lessee of any building, part of a building, ground, garden, or concert room, or other room or place, who shall lease or let out cos PROHIBITIOH OF SUNDAY AMUSEMENTS, ETC. 1828, ch. 2T0, 111, t, as amended 1658, ch. 359, C'omj). 851. Masquerades, etc., prohibited. IVnaltv. 1S59, ch. 48, 111, 2, 3. Comp. 850. Minors under age of 14 years not to be ad- mitted unless with ndult person. Penalty for vio- lating a misde- meanor. Fines to be paid to society juve- nile delin- quents. 1862, ch. 281', §2, Comp. 846. Selling: liquor prohibited. And female waiters. the same for the purpose of any such exhibition or performance, or assent that the same be used for any such purpose, if tin- same shall he used for such purpose, shall ho guilty of a misde- meanor, and in addition to the punishment therefor provided by law, shall be subjected to a penalty of five bundled dollars, which penalty the society for the reformation of juvenile delin quents in said city are hereby authorized, in the name of the people of this State, to prosecute, sue for, and recover for the use of said society; in addition to which every such exhibition or performance shall of itself forfeit, vacate, and annul and ren- der void and of no effect, any license which shall have been pre- viously obtained by any manager, proprietor, owner, or lessee, consenting to, causing, or allowing, or letting any part of a building for the purpose of such exhibition and performance. § 2008. It shall not be lawful for any proprietor, manager, or keeper of any theatre, circus, public garden, public house, public hall or premises, or other placft of public meeting, resort, or amusement whatsoever within the city, for admission to which any price or pay is demanded, to allow or permit in the same any masquerade or masquerade ball, or any assemblage of persons masked. Any person offending against the pro- visions of this section shall be guilty of a misdemeanor, pun- ishable by a fine of not less than two thousand five hundred dollars, nor of more than five thousand dollars, or by imprison- ment in any prison in this State for a term of not less than six nor for more than twenty-four months, or both. § 2009. It shall not be lawful for any owner, lessee, manager, agent, or officer of any theatre in the city of New York to admit to any theatrical exhibition, held in the evening, any minor under the age of fourteen years, unless such minor is accompa- nied by and is in the care of some adult person. Any person violating the provision of this section shall be guilty of a misde- meanor, and shall be liable to a fine of not less than twenty-five dollars nor more than one hundred dollars, or imprisonment for a term not less than ten nor more than ninety days, for each offense. All moneys recovered under the provisions of this sec- tion, for fines, shall be paid over to the treasurer of the society for the reformation of juvenile delinquents in the city of New York, for the benefit of such society. § 2010. It shall not be lawful to sell or furnish any wine, beer, or strong or spirituous liquors to any person in the auditorium or lobbies of any place of exhibition or performance mentioned in section nineteen hundred and ninety-eight, or in any apart- ment connected therewith by any door, window, or other aper- ture; nor shall it be lawful to employ or furnish, or permit or assent to the employment or attendance of any female to wait S.VI.K OF UQ1 OK AT PLACES OF AM ( JE KENT PROHIBITED. 669 on or attend in an\ manner, or furnish relivshni'-ntc; to tin* audience or spectators, or any of them, at any of the exhibits >D8 or performances mentioned in said section, or at any other place of public amusement in the city of New York. § 2011. No license shall he granted for anv exhibition <»r ! 1>; rf . performance given in violation of the preceding section, and any ^ v "^ onse and every exhibition or performance at which any of the pro- in certain r.L, visions 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 consenting to, causing or allowing or letting any part of a building for the purpose of Buch exhibition and performance. $5 2012. Anv person violating anv of the provisions of the ° -i o« i \ 10 iat 10 n of act two preceding sections, or employing or assenting to the employ- o misdemeanor, ment or attendance of any person contrary to the provisions of said sections, shall be deemed guilty of a misdemeanor, and upon conviction, 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 one hundred dollars, nor more than five hundred dollars, or by both such fine and impris- onment. §2013. It shall be the duty of the superintendent of police, u & every sheriff .deputy sheriff .constable, captain of police, policeman of r»nco C and f and every other police officer, to enter at any time said places of amusement, and to arrest and convey any person or persons vio- lating any provision of the three preceding sections, forthwith, before any police justice or recorder or magistrate having juris diction in said city, there to be dealt with according to law. § 20bi. The owner, lessee, manager, or other person or per- jjwo.ch.iw.m, sons, having charge or control of any theatre shall cause each Doors to be i -i -■ <• .i . i -, . r- r* numbered an i and every door and means of exit to be used m case ot fire or diagram panic to be conspicuously numbered so as to be visible to the proenwAp 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 con- spicuous type as aforesaid on the programme or bill of the play. Any and all persons who shall violate any of the provisions of this section, or fail to comply therewith, or any requirement fauureto^ thereof, shall severally, for each and every violation and non- th/fart wUb compliance, respectively forfeit and pay a penalty in the sum of fifty dollars; to be sued for and recovered in the same manner as violations of the building laws in the city of New York are now sued for and recovered by the fire department. I'll ARMACISTS AM) I)KU( .GISTS. Title Pharmacists and "Druggists. 1878, ch. 817, $1, Comp, KV.J. Duly registered pharmacist only to retail, compound, or dispense medi- cinces. Id. {3. Qualifications of persons In lie registered. Id. S3. Comp KVi Graduates of pliurmacy. Licentiates in piunnacg Junior assist- ants or apprentices. Id. S4. Board of phar- macy. Term of office. £ 2(115. It shall be unlawful for any person, unless a regis- tered pharmacist, known as a graduate in pharmacy, or as a licentiate in pharmacy 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 or county of New York, except as hereinaf ter provided. § 20 H'». Any person, in order to be registered, shall be either a graduate in pharmacy or a licentiate in pharmacy, or a grad- uate having a diploma from some legally constituted medical col- lege or society. § 2017. Graduates of pharmacy, within the meaning of this title, shall he those persons who have had at least four years' experience in stores where prescriptions of medical practitioners have been compounded, and who have obtained a diploma from any college of pharmacy within the Ujiited States, or from some authorized foreign institution or examining board; and licen- tiates in pharmacy shall be those persons who have had at least four years' experience in stores where prescriptions of medical practitioners are compounded, 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, established by an act passed March twenty-eight, one thousand eight hundred and seventy-one, or before the board of pharmacy created by chapter eight hundred and seventeen of the laws of eighteen hundred and seventy-two, and continued by this title, or such foreign pharmacists as shall present satisfactory credentials or certificates of their com- petency and qualifications to the said board of phairnacy. Junior assistants or apprentices in pharmacy shall not be per- mitted to prepare physicians' prescriptions until they have be- come graduates or licentiates in pharmacy. § 20 IS. The members of the college of pharmacy of the city of New York shall, on the first Monday of April, one thousand eight hundred and eighty-four, and on the same day every third year thereafter, at a special meeting held for that purpose,* elect five competent pharmacists, three of w T hom shall be grad- uates of some legally-constituted medical college, and the re- maining two graduates of some legally-constituted college of pharmacy of the city of New York, and w r ho 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 clerk of the county of New York, an oath faithfully and impartially to discharge the duties prescribed for them by this title. They shall hold office for REGISTERED PHARM VCISTS. •*,71 tho term of throe years and until their successors arc duly elected and qualified; and in case of any 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 the election, by them, from their number, for the whole term, of a president and secretary, The board shall meet at least once J^ 1 "" f ■ ai "' every three months, and three members shall constitute a quo- rum. The duties of the said board shall be to transact all busi- ness pertaining to the legal regulation of the practice of phar- macy 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 ho pass such examination satisfactorily he shall be furnished with a cer- tificate as to his competency and qualification, signed by the said board of pharmacy. § 2019. It shall be the duty- of tho secretary to keep a book of ^,c^M7,|5, registration at some convenient place, of which due notice sball secretary to be given through the public press, in which book shall be en- regfitration. terod, under the supervision of the said board, the names and places of business of all persons coming under the provisions of this title. It shall be tho duty of all such persons to appear be- fore the said board for registration; and the foe for the registra- tion of pharmacists shall not exceed two dollars, and for assist- ants shall not exceed one dollar. The secretary shall give re- Bessretawto ceipts for all moneys received by him, and pay over the same to J£ y ^ c S f feesto the treasurer of the college of pharmacy aforesaid, taking his pharmacy, receipt therefor, which moneys shall be used for the purpose of defraying the expenses of the board of pharmacy, and any sur- plus shall be for the benefit of the college of pharmacy. The salary of the secretary shall be fixed by the hoard, and shall be paid out of the registration fees. § 2020. Every registered pharmacist shall be held responsi- £JJ£. ^ hie for the quality of all drugs, chemicals, and medicines he Registered may sell or dispense, with the exception of those sold in the rra^siwe'for original packages of the manufacturer, and also those known as 3™^ t , > etc. "patent medicines,'* and should he knowingly, intentionally, and fraudulently adulterate, or cause to be adulterated, such drugs, chemicals, or medical preparations, he shall be deemed guilty of a misdemeanor, and upon conviction thereof, be liable to a penalty not exceeding one hundred dollars, and in addition thereto, his name shall be stricken from the register. £ 2021. It shall he unlawful for any person to retail any unlawful to poisons enumerated in schedules A and B, as follows, to-wit : pouons er <372 REGISTERED PHARMACISTS. SCHEDULE A. Schedule a f>chrdule B Package to bo labeled " poi- son," etc. Inquiries to be mail"-. . F.ntry to be made. Not to apply in certain cases. 1812, ch. 817, SB, Comp. 855. Not to apply to practitioners of medicines, etc. Id. 19. Penalty for attempt to reg- ister fraudu- 1 ;ntlv, etc. Arsenic and its pre para t ions, corrosive sublimate, white pre- cipitate, red precipitate, biniodide of mercury, cyanide of potas- sium, 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 preparations of opium containing less than two grains to the ounce. SCHEDULE L5. Aconite, belladonna, colchicum,,conium, mix vomica, hen- bane, savin, ergot, eottonroot, cantbarides, 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 wrap- per or cover with the name of the article the- word "poison," and the name and place of the seller; nor shall it be lawful for any person to sell or deliver any poisons enumerated in sched- ules A and B, unless upon due inquiry it be found that the pur- chaser is aware of its poisonous character, and represents that it is to be used for a legitimate purpose. Norshall it be lawful for any registered pharmacist to sell any poisons included in schedule A, without, before delivering the same to the purchaser, causing an entry to be made in a book kept for that purpose, stating the date of sale, the name and address of the r±urchaser, the name and quality of the poison sold, the purpose for which it is repre- sented by the purchaser to be required, and the name of the dis- penser; such book to be always open for inspection by the proper authorities, and to be preserved Jor'reference for at least five years. The provisions of this section shall not apply to the dispensing of poisions, in not unusual quantities or doses, upon the prescriptions of practitioners of medicine. § 2022. Nothing contained in the foregoing sections of this title shall apply to or interfere with the business of any practi- tioner 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 vio- lation, shall apply to such persons. § 2023. 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 prescriptions of medical practitioners in his store PROVISIONS FOIl THE PROTECTION OF BIRDS. 678 or place of business, by any poison 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 w ilh the regulations and provisions of this title, in relation to tin- retailing and dispensing of poisons, shall, for every such offense, be deemed guilty of a misdemeanor, and upon conviction thereof, he liable to a penalty of fifty dollars. ^ 202-1. Each and every penalty recovered under this title I,r 510 shall he paid to the trustees of the college of pharmacv, and >-..v,r,-i, i,. 1 / whom t.j In) shall form and he known as the library fund of said college of r '' 1 pharmacy, and shall be expended for the purchase of books for the library of said college. Title '. — Birds. §2025. No person shall kill, wound, trap, net, snare, catch ^i V.':; with bird lime, or with any similar substance or drug, or in any r smp :.'*f' " » J o» . •» Sonp; birils an'] other manner capture or sell, expose for sale, or transport during ^hennouoSe the months of April, May, June, July, August, September or kUled - ete - October, in any year any bird of song, or any linnet, blue-bird, yellow hammer, yellow-bird, thrush, woodpecker, cat-bird, pe- wee, swallow, martin, blue-jay, oriole, kildee, snow-bird, grass- bird, grosbeak, pha'be-bird, humming-bird, blackbird, wren, ex- cepting 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 starling, between the first day of Janu- ary and the fifteenth day of October, save only when such birds are killed on the premises of the persons killing, and while fcbey are destroying fruit. This section shall not apply to any person Exceptions 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 Iv,,;i " misdemeanor, punishable by imprisonment in the county jail or penitentiary, of not less than five or more than thirty days, and shall also be liable to a penalty of fifty doilars, to be recovered with costs, by any person suing therefor in his own name. In dfsuibut s Jd h0 ' all actions for the recovery of penalties under this section, one- half of the recovery shall belong to the plaintiff, and the re- mainder shall be paid to the chamberlain. Title 8. — Commercial Paper during Prevalence of Epidemic . § 2020. Whenever the board of health shall, by public notice, twoMiV" designate any portion or district of the said city as being the seat Com P- J - 671 COMMKHCI.W, I'AI'KH DIKING i'HKVAl.KNf T. (J I- VA'WFMU . ReRlstry of in habitants In coko of pesti- lence Id. $ 18, Their names and places of business, etc, Fee of clerk. Register may be examined gratia. M. {14. Drafts, notee, ' |tc , how presented. Id. |10. Notices, etc., may be left at post-office. of any infectious or contagious disease, and declare communica- tion with such portion or district dangerous, or shall prohibit such communication! it shall be the duty of the clerk of the said city and county, during the continuance of such disease in such district, to provide and keep in his office a book for the purpose of registering in alphabetical order, the names, firms and places of business of any inhabitant of the city who shall desire such registry to be made. § 2027. It shall be the duty of all persons and firms usually resident Or doing business withincuch infected district, to regis- ter in the book so provided by the said clerk, their names or firms, with the place or places out of such infected district, but within the county of New York to which they may have re- moved the transaction of their business, or to which they may desire any notices to be sent or served, or any notes, drafts or bills to be presented for acceptance or for payment. The sum of twenty-five cents may be claimed and received by the said clerk for every such registry; but the book in which the same shall be entered shall be, at all times during office hours, open to public examination, free of all charges. §2098. Din ing 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 protest, for such non-acceptance or non-payment, may be served by leaving the same at the place so designated. £2^29. In ease any person or fil m usually 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 presented to such person or firm for acceptance or for pay- ment, may be presented to the said clerk of the city and county of New York during the continuance of such disease, at anytime during office hours, and demand 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 demanded of such person or firm.at their usual place of doing business. § 2030. In case of tile 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-acceptance or non-payment, may be served on any person or firm usually resi- dent or doing business within such infected district, by leaving the same at one of the post-offices for the said city, which ser- I.WniN'fi 01' IMMIGRANTS AND THEIR BAGGAGE Vice shall 1>j as valid and effectual as if the notices had been served personally on such person or one of such linn, aj )»is ot their usual placo of doing business. § 2031. Whenever proclamation shall be made by the board J*j*J* b(I of health or other proper authority of the city, that an infeel tous gj* ' or contagious disease in any such infected district has subsided, Hik '' it shall be deemed to have subsided, for all purposes contem- plated in this title. CHAPTER XXX. Immigrants. § 2032. The commissioners of emigration shall, from time to time, designate some one place in the city of New York as they shall deem proper for the landing of emigrant passengers, and it shall be lawful for such passengers to be landed at such place so designated by the commissioners of emigration. The commis- sioners of emigration shall have authority to purchase, lease, construct and occupy such wharves, piers and other accommo- dations in the city of New York as may be necessary for the accommodation of emigrant passengers for the purposes men- tioned in this section. § 2033. It shall be the duty of every ship-master, owner or consignee bringing to the port of New York any alien emigrants, steerage or second cabin passengers, in vessels not subject to quarantine, to cause the same to be landed on the emigrant piers aforesaid, either directly from the vessel or by means of some licensed steamboats or lighters ; and the landing of them upon any other pier or wharf shall be punished by a fine not less than one hundred dollars, which fine may be recovered of the master, owner or consignee of such ship or vessel. The commis- sioners of emigration are empowered to make all necessary regu- lations for the preservation of order, and the admission to or exclusion from said dock of any person or persons excepting such as are duly licensed, and any person violating any of such regulations shall be liable to a penalty of one hundred dollars for each and every offense, to be recovered by the said commis- sioners of emigration. § 2034. The health officer shall give notice, in writing, to the owner or owners, consignee or consignees, master, commander or person having charge of every vessel, having emigrant pas- sengers on board of such vessel, destined for the city of New lto, cbA74, Kflj 7, Comp. 1001; 1^8, ch. 219, ?° Comp. 1680. Passengers to he landed on the emigrant piers. Hoo, ch. •171, {(?, as amended 1857, ch. 579 $0. Comp. 1CJ1 <;7»; LANDING OF IMMIGRANTS AND THEIR BAGGAGE. Duty of health officer. See 51838. I'M, Cta. 218, 111, a. 3. uHanii'iiiN'.l 1853, eh. Gl!>, (.'onip. iubu. Landing |8, 1853. ch. 218, %4. Comp. 108T. Penalty for vio- lating provi- sions of $lS-.>3. Id. §5, Penalties to be liens on ship or vessel. York, to land such passengers and their personal baggage at such pier or place in the said city of New York as has been or may at any time be designated specially by the commissioners of emigration for the landing of emigrant passengers and their personal baggage. § 2035. The owner or owners, consignee or consignees, master, commander, or person having charge of any ship or vessel arriving at the port of New York, with passengers emi- grating to the United States, shall, subject to the provisions of the preceding sections of this chapter, land all such passengers on some one of the public wharves of the city of New York, excepting, however, such wharves as are owned or rented by, or are under the control of, any steamboat or railroad or for- warding company or line. No owner or owners, consignee or consignees, master, commander, or person having charge of any such ship or vessel, shall order any such passengers to be taken or removed from such ship or vessel, at quarantine or else- where, excepting for the purpose of quarantine regulations as to healt h, or jshall give orders, or permit, or allow, any runner or per- son on behalf of, or connected with, any steamboat, railroad, or forwarding company or line, or emigrant boarding house, to solicit or book any such passengers, or to enter or go on board such ship or vessel, prior to the landing of such passengers, as is provided for in this section. This section shall apply to the owner or owners, consignee or consignees, master, commander, or persons having charge of any steamboat or other vessel em- ployed for the purpose of conveying any passengers from quarantine. § 203(5. Any consignee or consignees, master, commander, or person having charge of any ship, steamboat or vessel, who shall violate any of the provisions of the preceding section, and the owner or owners of such ship, steamboat or vessel, sever- ally and respectively, shall be subject to a penalty of five hun- dred dollars for each and every violation of any of such pro- visions, to be sued for and recovered, with costs of suit by and in the name of the commissioners of emigration, in any court having cognizance thereof ; and, when recovered, one half of said recovery shall be paid to the person furnishing information and evidence of such violation, and the remainder of such recovery shall be applied and used by said commissioners of emigration for the purposes for which said commissioners are constituted. § 2037. Any ship, steamboat or vessel, whose master, com- mander, owner or owners shall have incurred any penalty or forfeiture, under the provisions of either of the two preceding- sections, shall be liable for such penalties or forfeitures which shall PENALTIES F<>K VIOLATIONS or LAW 077 be a lien upon such ship or vessel, and may be enforced or collected by warrant or attachment, in the same manner as is provided in title eight of the third part of (he Revised Statutes, all the pro visions of which title shall apply to the forfeitures and penalties imposed by such sections; and the said commissioners of emi- gration, shall for the purpose of such attachment, he deemed creditors of such ship, steamboat, or vessel, and of her master or commander and owner or owners respectively. g 203*\ Nothing in the three preceding sections contained 11 *° shall he construed to prevent the landing ot such emigrant pas- «te»mww sengers from steamboats or other vessels, in the manner provided in section two thousand and thirty-five, in any case where the ship or vessel from which such passengers are taken shall be unable to come to any such public wharf, provided such steam- boat or other vessel shall be employed at their own expense by the owner, consignee, master, or person having charge of the ship or vessel from which such passengers are taken, for the purpose of landing the same, in consequence of their inability to bring such ship or vessel to said public wharf; and the pro- visions of such section shall apply to such steamboat or other vessel so employed. § 2030. Any runner, or person acting for himself, or for or c^p^c*, 9, * ! " on behalf of or connected with any steamboat, railroad or for- Runners not to , ,. . , , ,, . solicit passen- warding company, or emigrant boarding house, who shall solicit f"^ ^^, or book any passengers emigrating to the United States, and arriving at the port of New York, before such passenger shall have left the vessel in which he has so arrived, or who shall enter or go on board any ship or vessel, so arriving with emigrant passengers, prior to the landing of such passengers therefrom, and also any person, company, or corporation having employed such person for the purpose of soliciting and hook- ing such passengers prior to their leaving the vessel in which they may arrive, shall be severally subject to a penalty of one hundred dollars for each offense, to be sued for and re- covered in the name of the commissioners of emigration, in any court having jurisdiction. Any person violating the provisions Misdemeanor of this section may also be indicted for a misdemeanor, which violation shall bo held and taken to be a misdemeanor. § 2040. In any case of violation of the provisions of the pre- uu.ch.OTe.tm. ten ceding section, or of sections two thousand and thirty-five, two p e ' nsllyma ' thousand and thirty-six and two thousand and thirty-seven, or remUteJ ' v any of them, whenever it shall be made to appear to any court having jurisdiction thereof, upon satisfactory evidence, that such violation was not intentionally committed, or with a view to the profit of the person committing the same, or for or on behalf of some owner, consignee or other person, nor by any culpable C78 LANDING OF IMMIGRANTS AND THEIR BAGGAGE. Id. |4. Having clause. 1879. ch. 427. Commissioners empowered to to inspect per- sons and effects. To take Into custody luna- tics, etc. May board Incoming vessels, etc. 1881, ch. 13*. Tax on alien passengers to be paid by mas- ters, etc., of vessels. negligence, it shall (hen lie lawful for the said court to remit or compound the penalty for such violation, on such tonus as may in their judgment he jnst and equitable to all persons interested in the matter. § 2041. Nothing in sections two thousand and thirty-five to two thousand and thirty-nine, inclusive, shall he taken or con- strued to prevent any passenger arriving at the port of New York, and not detained under the authority of the laws for the preservation of public health, from leaving the vessel in which he so arrives, whenever and in any way he shall prefer, upon his personal request or demand so to do, to the commander of such vessel. § 2042. The commissioners of emigration are hereby empow- ered and directed to inspect the persons and effects of all per- sons arriving hy vessel at the port of New York from any foreign country, as far as may he necessary to ascertain who, among them, are hahitual criminals or pauper lunatics, idiots, or imheciles, or deaf, dumb, blind, infirm, or orphan persons, without means or capacity to. support themselves, and subject to become a public charge, and whether their persons or effects are affected with any infectious or contagious disease, and whether their effects contain any criminal implements and contrivances. On discovering any such objectionable persons or effects, the said commissioners of emigration and its inspectors are further em- powered to take such persons into their care or custody, and to detain or destroy such effects if necessary for the public wel- fare, and keep such persons tinder proper treatment, and pro- vide for their transportation and support as long as they may be a necessary public charge. The commissioners of emigra» tion shall/ in case of habitual criminals, and may in other cases where necessary to prevent such person or persons from con- tinuing a public charge, re-transport such person or persons to the foreign port from which they came. The commissioners of emigration are further empowered to board any incoming ves- sel from foreign ports arriving at the port of New York, by its agents and inspectors, who shall have such powers as may be necessary to the effectual execution of this section, and any person who shall resist them in the execution of their lawful function shall be guilty of a misdemeanor and may be arrested by the officer resisted, and, upon conviction, may be sentenced to a term not exceeding six months in the penitentiary, or to pay a fine of one hundred dollars, or -both. § 2043. There shall be levied and collected a duty of one dol- lar for each and every alien passenger who shall come by vessel from a foreign port to the port of New York, for whom a tax has not heretofore been paid— the same to be paid to the cham- l.\NDIN(i OF iMMKiK Wl's AND TIIKIU BAQQAGB. 671) berlain of tho city of New York, by the master, owner, agent, or consignee of every such vessel withini wenty-four hours after the entry thereof into tho port of New York. -It shall be tho |^t«Si« duty of the tnaster or acting master of every such vessol within £!riP 5y^ twenty-four hours after its arrival at the port of New York, to i NUU,cn K er8: report under oath, to the mayor, the names, ages, sex, place of birth, and citizenship of each and every passenger on such ves- sel, and in default of such report every passenger shall be pre- sumed to he an alien arriving at tho port of New York for the first time. And in default of every such payment to the cham berlain, there shall be levied and collected of the master, owner, agent, or consignee of every such vessel, a penalty of twenty- five cents for each and every alien passenger, in addition to tho duty heretofore imposed. The commissioners of emigration shall institute suits in the name of tho people of the stato of °>' sduc - New York for the collection of all moneys due or which may grow due under this section, the same to be paid when collected to the chamberlain of the city of New York, to be applied by him pursuant to tho terms of the next section. § 2044. It shall be the duty of the chamberlain to pay over gggffifcj* from time to time to the commissioners of emigration all such J^onera°of ra ' sums of money as may be necessary for the execution of the in- cm| s™uon. sped ion laws of the state of New York, with the execution of which the commissioners of emigration now are or may here- after be charged by law, and to take the vouchers of the com- missioners of emigration for all such payments. And it shall be the duty of the said chamberlain to pay over annually, on the first of Jaimary in each year, to the treasury of the United States, the net produce of all the duties collected and received by him under this title after the payments to the commissioners of emigration aforesaid, and take the receipt of the secretary of tho treasury therefor. § 2045. The commissioners of emigration are authorized and Jgw. dug?. U required to grant and issue licenses, and from time to time, in Licenses, their discretion, to suspend, revoke, or annul the same, to the owner or captain of any steamboat, steam-tug, propeller, or barge, used or engaged, or to be used or engaged, for the purpose, in whole or in part, of the removing, taking off, or conveying, or transporting to any dock or pier in the city of New York, emigrant passengers, or their baggage, arriving at and- being in any part of the port of New York, within this State, from the ship or vessel in which such emigrant passengers or their lug- gage shall have arrived at such part of said port, provided always that such licenses shall not be suspended, revoked, or an- nulled, except for cause, after opportunity for the party com- plained of to be heard. ♦ 680 PKRSONAL 1JAOOAOK or IMMIGRANTS. romp \m' §2046. It shall not bo lawful for any steamboat, steam-tug, Rf.movin K of propeller, barge, or other boat or vessel, or the owner or captain, or person having charge or the same, to go or to be taken along- side of any ship or vessel having such passengers on board, being within this State, with the intent or for the purpose of removing, taking off, conveying, or transporting, or to remove, take off, convey, or transport any of such passengers, or the baggage of any such passengers, from such ship or vessel, being in this State, to any dock in the city of New York or Brooklyn, unless the license mentioned in the preceding section shall have been granted and issued to the then owner or then captain of such steamboat, steam-tug, propeller, barge, or other boat, or vessel, and be then existing and not suspended, revoked, or anulled. 1857, ch. 579, .a § 2047. The owner and owners jointly and severally, and the Comp. ISPS. t . , . , /.,,,. Penalties. captain or person having charge of any steamboat, steam-tug, propeller, barge, or other boat or vessel, violating the provisions of the preceding section or any of them, shall be liable to a penalty of five hundred dollars, for each and every violation thereof ; and in case any of such passengers, or the baggage of any of them, shall be taken off "or removed from such ship or vessel, so being within this State, in or by any steamboat, steam- tug, propeller, barge, boat, or other vessel, without the license aforesaid, with the intent or for the purpose mentioned in said section, or in violation of any of its provisions, except in case of shipwreck or imminent danger thereof, the owner or owners, jointly and severally, and the captain or person having charge thereof, shall, in addition to the .above penalty, be also liable to a further penalty of fifty dollars for each and every 1 passenger, and for the baggage of each and every passenger so taken off, or conveyed from such ship or vessel ; which penalties shall be deemed and be forthwith a lien on such steamboat, steam-tug, propeller, barge, boat, or other vessel, and may be, immediately upon such violation, sued for, enforced and recovered by and in the name of the commissioners of emigration, either by an action in any court having jurisdiction thereof, or by an attachment under and pursuant to the provisions of the laws enacted for the collection of demands against ships and vessels, and said com- missioners shall forthwith be deemed to be, and be creditors of such steamboat, steam-tug, propeller, barge, boat, or vessel, and have a direct lien thereon. Id l 5 § 2048. All personal baggage of emigrant passengers arriving Personal at the port of and destined for the city of New York shall be baggage. •*• J landed at the place or pier designated as the landing place in said city for emigrant passengers; and the captain, owner and consignees of every ship or vessel arriving at said port with emigrant passengers destined for said city shall bo jointly and EMIGRANT BOARDING HorsKs. C81 severally subject and liable to a penalty of fifty dollars for each and every emigrant p adeon ger, or bis personal baggage, landed at any place or pier other than the place or pier aforesaid; which penalty shall be a lien upon such ship or vessel, arid may be en- forced and recovered by and in the name of the commissioners of emigration, either by an action or by wan-ant of attachment, under and pursuant to the provisions of the laws enacted lor the col lection of demands against ships and vessels. § 204!). All persons keeping houses in said city for the pur- Sa' S3, pose of boarding (^migrant passengers shall be required to have a comp^iwi! license for said purpose from the mayor, and such person so JESSES licensed shall pay to the city the sum of ten dollars per annum, and shall give bonds satisfactory to said mayor, with one or more sureties, in the penal sum of five hundred dollars, for good behavior, and the proper conduct of all agents and runners in their employ, and the said mayor is hereby authorized to revoke any license for cause. Every keeper of such boarding-house ^l 1 ^"^!; shall, under a penalty of fifty dollars, cause to be kept con- \:',X Iu spicuously posted in the public rooms of such house, in the En- glish, German, Dutch, French and Welsh languages, and printed upon business cards, to be kept for distribution as hereinafter provided, a list of the rates of prices which will be charged emi- grants per day and week for board and lodging, and also the rates for separate meals, which card shall contain the name of the keeper of such house, together with its number and the name of the street in which such house is situated. The keeper of such benied "SrS?* house shall also file a copy of said list in the office of the com- l^-mi^uoa. missioners of emigration, and the keeper of any emigrant board- ing-house who shall neglect or refuse to post a list of rates, or to keep business cards so as above provided, or who shall charge or receive, or permit or suffer to be charged or received for the use of such keeper or for any other person, any greater sum than ac- cording to the rates of prices so posted and printed on business cards, and if any runner employed by any emigrant boarding-house keeper, or any emigrant boarding-house keeper himself, shall engage any emigrants as guests for such boarding : house, with- out delivering to every such emigrant a printed business card as above provided, he shall, upon conviction thereof, be deprived of his or her license, and be punished by a fine not less than fifty, nor more than one hundred dollars, to be recovered by the com- missioners of emigration, and any person who shall keep a boarding or lodging house for emigrants who shall refuse or neglect to obtain a license in pursuance of the provisions of this section, shall upon the first conviction forfeit the penalty of one hundred dollars, and upon a subsequent conviction shall forfeit O&L' EMIGRANT BOARDING HOUSES. tho penalty of two hundred dollars, to be recovered by the per- sons and in the manner above set forth, urari*' ** £ 2o:,o. No keeper of any emigrant boarding-house shall have cwn$KH? an y lien u l >on t,ie baggage 01 effects, of any emigrant for board .toMOTone" W&Mh storage, or any other account whatever, for any wau"',Z"\. t *. K> (> ater sum than shall be due from such emigrant for boarding and lodging according to the rates or prices so posted as above provided; and upon complaint being made upon oath before tho mayor or any police magistrate, that the luggage or effects of any emigrant are detained by the keeper of any emigrant board- ing-house, under pretense of any lien upon such luggage or effects, or on any claim or demand against the owner or owners thereof, for any other or greater sum than in accordance with such rates, it shall be the duty of the officer before whom such complaint is made immediately to issue his warrant, directed to any constable or policeman of said city, commanding him or them to bring before him the party against whom such com- plaint has been made, and upon conviction thereof the officer be- fore whom such conviction shall be had shall cause the said goods to be forthwith restored to the owner thereof, and the party so convicted shall be punished by a fine not less than fifty dollars, and not exceeding one hundred dollars, and shall be committed to the city prison until the said fine shall be paid, and until such luggage or effects shall be delivered to such emigrant. up^ai° f ~^ n - P erson so convicted shall have the right of appealing from the decision of such mayor or magistrate to the same tribunals and in the same manner as if provided by law for appeals from the decisions of justices in civil cases, and all the provisions of law relating to appeals from justices shall apply so far as appli- cable to appeals from such mayor or other magistrate. But such appeal shall not authorize the detention of such luggage or effects after tho payment of the sum which such mayor or magistrate shall adjudge to be justly due from such emi grant. lew. ch. 2i<>, §5, 8 2051. No person shall, in said city, solicit emigrant passen- u* Amended 1 ., . * . , . . 1857, ch. 579, §4, gers or their luggage for emigrant boarding-houses, passenger Emigrant offices, forwarding transportation lines, or for steamers, ships, or vessels bound or about to proceed to any port not within this State ; or for any person or for any company selling or offering for sale passage tickets, or contracting or offering to contract for passage in any such steamer, ship or vessel without a license for that purpose, which shall expire at the end of one year from its date. Such license may be issued and revoked in the discretion of the commissioners of emigration for cause, as hereinbefore pro- vided. Such person receiving such license, shall pay the sum of twenty dollars, and give a bond, with two sufficient sureties, in runners. EMIGRANT KT'NNKKS. 083 the penalty of live hundred dollars, conditioned for the good hehav ior and the observance hy hiinof the provisions of this sect onto the commissioners of emigration. The money thus received or collected on said bonds shall be for the benefit of the emigrant fund. Every person so licensed shall wear, in a conspicuous place about his person, a badge or plate, of such character and in such time and manner as such commissioners shall prescribe, with the words ' ; licensed emigrant runner" inscribed thereon, with his name and the number of his licenso, No person who is not of approved good moral character shall be licensed as such runner. Every person who shall, without such license, solicit alien emigrant passengers or others, for the benefit of board- ing-houses, passenger offices, or forwarding or transportation lines, or for any steamer, ship, or vessel bound or about to pro- ceed to any port not within the State of New York, or for any person or company selling or offering for sale passage tickets, or contracting or offering to contract for passage in any such steam- ship or vessel upon any street, lane, alley, or upon any dock, pier, or public highway, or in any other place within the corpo- rate bounds of the city, or upon any waters adjacent thereto, over which said city has jurisdiction, shall be deemed guilty of a misdemeanor, and shall be punished by imprisonment in the county prison or jail not less than three months, nor exceeding one year. The bonds mentioned in this section may be sued by Bonds, and in the name of the commissioners of emigration in any court having cognizance thereof; and in case of a breach, the said commissioners shall recover the full penalty of said bond. js 2052. No person or persons shall exercise the vocation of !,Vam?iu?ea r ' booking emigrant passengers, or taking money for their inland compV'. '' fare, or for the transportation of the luggage of such passengers, Sf£a£££J£ r ' without.keeping a public office for the transaction of such busi- ™a£mlok£ P ness, nor without the license of the mayor, for which shall be haveikfenTe 11 paid the sum of twenty-five dollars per annum. Every such of- fice and place for weighing luggage shall be at all times when business is being transacted therein open to the commissioners of emigration or their agent, duly appointed, and no scales or weights shall be used for such purpose but such as have been in- spected and sealed by the city inspector of weights; and every t o S, b^enoUc^ such establishment shall have posted in a conspicuous place p° s, « d - eu - and manner at its . place of business in the English. German, Dutch, French, and Welsh languages, a list of prices or rates of fare for the passage of em- igrant passengers, and the price per hundred pounds for transportation of their luggage to the principal places to which the proprietors thereof undertake to convey such passen- gers: and shall also deliver a copy of such list to the commis- •is I ISoOKl.Mi IMMl'l It A NT IWSSfc.ViKltS. fit iketa to be sioners of emigration: and any person or company who sliall charge or receive, or allow to he charged or received, hy any person in his or their employment, a greater amount than is specified in said list of prices, or who shall defraud any emigrant in the weight of his or her luggage, or who shall receive money from an. emigrant or emigrants for their passage or for the transportation of their luggage, and shall refuse or neglect to issue to the person or persons so paying their fare, or for the transportation of their luggago, a ticket which -ehall stato the time and place of such issue, the numher of persons so paying, the distance in miles to the place to which fare is received, the amount so received, the number of pounds of baggage, and the price per hundred pounds for its trans- portation ; which said ticket shall he signed hy the person or persons in whose names the establishment is conducted, and if more than one person is interested in the concern as a partner then the full name of all the pensons so interested in said concern shall he printed or written on the ticket, or who shall issue any ticket directed to an agent without lirst having made arrange- ments with some responsihle person or persons to act as his, her or their agent, or who shall issue a ticket so as aforesaid for tho passage of any emigrant, or his or her luggage, which shall not he promptly redeemed hy the agent or consignee, ac- cording to the terms pf the agreement, as set forth in the ticket, or who shall in any way fail ur neglect to fulfill any contract for the passage of any emigrant, or for the transpor- tation of any luggage, made with an emigrant, or who shall issue to any person hlank receipts signed hy him or them, or who shall permit his, her or their name or names to he used by any other person or persons in said business of hooking emigrant passengers and their luggage, or taking money for their fare or transportation of their luggage, shall, together with all other persons concerned in the violation of these provisions, be deemed guilty of a misdemeanor, and shall, upon conviction, be punished by confinement in the city prison not less than six nor more than Pun slum nt for twelve months; and any person or company receiving money as aforesaid for the passage of emigrants, or for the transporta- tion of their luggage, without such office and license, or who shall refuse admission as aforesaid to such office or place of weighing luggage during the time of transacting business therein, or who shall neglect to post the said list of rates as aforesaid, or who shall neglect or refuse to furnish a copy thereof as.afore- said, or who shall make any arrangement or engagement with any emigrant for his passage or transportation, or any runner or agent connected with or employed by such forwarding es- tablishment who shall make such engagement or arrange- KM III HA NT I'AttsKNUKIi TICKETS. ii85 ment without delivering to every such emigrant a printed card (in the language of the country to which .said emigrant may belong), of prices or rates of fare, which will he charged every emigrant for his passage or for transportation of his haggago or effects to the, principal places on the route, which he, the' said emigrant, is ahout to travel, or every such keeper or owner or owners,or runner or runners connected therewith, or any licensed emigrant runner or runners shall he deemed guilty of a misde- meanor, and shall upon conviction he punished hy imprisonment in the county prison for a period not loss than three nor more than six months. Licenses under this section may ho revoked for cause; and no person shall he licensed under t his section who is -not of good moral character and a citizen of tho United Statos. , . § 2053. Any person who shall sell, or cause to be sold, a pas- sage ticket, or order for such ticket, to any emigrant passenger, Belling ticket*, at a higher rate than one and a quarter cent per mile, or shall tako pay for any ticket, or order for a ticket, under any false representation as to tho class of said ticket, whether emigrant or first class, shall, upon conviction, be deemed guilty of a mis- demeanor, and he punished by a fine of two hundred and tlfty dol- lars, and imprisonment in the county jail for not less than sixty days. § 2U54. Any person who shall, directly or indirectly, by means J^£ui«iMy of false representations, purchase or receive from any emigrant obt *uS»ff*' passenger any passage ticket, or who shall procure or solicit any *™ npassen ' such passenger, having a passage ticket, to exchange the same for any other passage ticket, or to sell the same and purchase some other passenger ticket, shall be deemed guilty of a misde- • meanor, and, upon conviction, shall be punished by fine and im- prisonment. § 2055. Any person who shall sell or dispose of any ticket, or Ia s;> - , . . . i x , • i . ., Penalty for order for ticket or tickets, at a price or for a consideration be- tickets 1 over regular yonu the highest price advertised for tickets by the company ad- }j!,£ 1 s b £ dver " ■ vertising at the highest price, published according to the provis- com pany. ions of law, shall be, upon conviction thereof in any of the courts of this State, deemed guilty of a misdemeanor, and imprisoned therefor in one of the prisons of this State for a term not ex- ceeding two years. £ 205G. It shall not be lawful for any railroad company, or for com^im?* 1 ' any agent, employe, or other officer of any railroad company, or for oMJcve f & r to* 10 any other person, to sell, offer for sale, or otherwise dispose of iran,i e rant3 - any ticket or tickets, or written or printed instruments, or in- struments partly written and partly printed, for the transporta- tion or conveyance on or by any railroad or steamboat of any immigrant or deck or steerage or second-class passenger, arriving r,8f, TRANSPORTATION OF EMIGRANT PASSENGERS. Railroad com- panies may sell tickets to j 1 1 J 1 1 1 , - r .i i . ' RallfVWl nRcnt to soil tickets to Immigrants, Agents euiltv M fraud, etc. 1888, CD. 7P8, j2, Conip. 1097. JYococdinRS in cases of arrests under this title. Depositions to be taken. May be read on trial of accused parties. at the port of New York from a foreign country, at any place or places in the city of New York, except such as may be desig- nated by the commissioners of emigration; which place or places may, from time to time, as they may deem best, be changed by the said commissioners; provided, however, that nothing herein contained shall prevent any railroad company from Helling tickets to any persons at the rates of fare charged for first-class passen- gers, nor from selling tickets at the principal ticket offices of such company to immigrants and other second-class passengers, provided that such company has at the same time an agent who shall sell tickets at the place designated by the said commis- sioners for selling tickets to immigrants. The commissioners of emigration shall furnish every railroad company of this State desiring it the privilege to have an agent at each and every place so designated by them to sell , tickets to immigrants and other second-class passengers; but if any such agent shall he found by said commissioners to have been guilty at any time, while acting as an agent, of defrauding emigrants, or of any other wrongful or disgraceful conduct, they shall exclude such agent, and it shall be the duty of the railroad company to appoint another agent in his place. § 2057. Whenever any person or persons may be complained of and arrested for violating any of the provisions of this title, it shall be the duty of the magistrate before whom such complaint is made to take and reduce to writing, in the presence of the person or persons complained of. the evidence of any witness which may be offered, either on behalf of the prosecution or of the person complained of. allowing the opposing party an op- portunity to cross-examine the witness, and the depositions so taken shall be subscribed respectively by the witnesses making the same, and certified by the magistrate; and when so taken and certified, the said depositions shall be filed in the office of the clerk of the court of oyer and terminer, in and for the city and county of New York; and upon the trial of any party accused, in whose presence any such deposition shall have been taken upon any complaint or charge made against him, relative to the same transaction, such deposition may be read by either party with the same effect as if the same witness were sworn and his testi- mony taken in open court upon such trial; provided it shall ap- pear thereby that the witness, at the time the deposition was taken, was a resident of this State, on his way to some other State, territory, province, or country, or a resident of another State, territory, or province, or an immigrant from a foreign country; and provided further, that it shall not be shown to the court that the witness, at the time of the trial, is within its ju- risdiction, TRANSPORTATION OF EMIGRANT PASSENGERS. t.SV si 2ujS. Any person violating any provision ol ttoe two pro- u.f* cedmtr sections shall be deenn-d guilt v ot a misdemeanor, and n.-ti..i... , . , ili-i'iiiMii a mh- shall, upon conviction, bo punished by a lino of not less than .i.-m.-unor three hundred and not more than one thousand dollars, or by imprisonment of not LeSfl than three months, or by both said fine and imprisonment . § 2059. It shall be the duty of all companies, associations, aSpriw. and persons, undertaking to transport or convey, or engaged in bSf^wST 610 transporting or conveying, by railroad, steamboat, canal boat, or ^"i^cS'sro. propeller, any immigrant, second-class, steerage or deck passen gor from the city, bay or harhor of New York to any point or place distant more than ten miles therefrom, to deliver to the mayor of the city of New York, and to the commissioners of emigration, on or before the first day of April in each and every year, a, written or printed statement of the price or rates of fare to be charged by such company, association, or person, for the conveyance of such immigrant, second-class, steerage, and deck passengers respectively, and the price per hundred pounds for the carriage of the luggage, and the weight of luggage to be carried free of such passengers from and to each and every place, from and to which any such company, association, or person shall undertake to transport and convey such passengers ; and such prices or rates shall not exceed the prices and rates charged by the company, association, or person, after the time of delivering such statement to the said mayor; and such statement shall also contain a particular description of the mode and route by which such passengers are to be transported and conveyed, specifying whether it is to be by railroad, steamboat, canal boat, or pro- peller, and what part of the route is by each, and also the class of passage, whether by immigrant trains, second-class, steerage or deck passage. In case such companies, association, or person, shall desire thereafter to make any change or alteration in the rates or prices of such transportation and conveyance, the}' shall deliver to the said mayor a similar statement of the prices and rates as altered and changed by them; but the rates and prices so changed and altered shall not be charged or received until five days after the delivery of the statement thereof to the said mayor. § 2060. Every ticket, receipt, or certificate which shall be iw, ■ Comp. 1890. made or issued by any company, association, or person, for the conveyance of any immigrant, second class, steerage, or deck passengers, or as evidence of their having paid for a passage, or being entitled to be conveyed from said city, bay or harbor to any other place or places, shall contain, or have indorsed there- on, a printed statement of the names of the particular railroad, or railroads, and of the line or lines of steamboats, canal C88 TRANSPORTATION OF EMIGRANT PASSENGERS. boats, and propellers, or of the particular boats or propeller."?, as the case may be, wbich are to be used in tbe transportation and conveyance of such passengers, and also the price or rate of faro charged or received for tbe transportation and conveyance of any such passenger or passengers with his or their luggage. § 2061. It shall not be lawful for any person or persons to demand or receive or bargain for the receipt of any greater or higher price or rate of fare for the transportation and con- veyance of any such immigrant, second class, steerage or deck passengers with their luggage, or eitber, from said city, bay or harbor to any other point or place, than tbe prices ox rates contained in tbe statements which shall be delivered to the mayor, and said commissioners, as in section two thousand and fifty-nine provided for, or the price or rates which shall be established and fixed for the transportation and conveyance of such passengers and their luggage, or either, by the proprietors or agents of the line or lines, or means of conveyance, by which such passenger or pas- sengers and their luggage are to be transported or conveyed. In all cases each immigrant over four years of age conveyed by railroad shall be furnished with a scat with permanent back to the same, and when conveyed by steamboat, propeller, or canal boat, shall be allowed at least two and one-half feet square in the clear on deck. Such deck shall be covered and made water- tight over head, and shall be properly protected at the outsides, t either by curtains or partitions, and shall be properly ventilated. § 2002. Any company, association, person or persons violat- ing or neglecting to comply with any of the provisions of sec^ tions two thousand and fifty nine or two thousand and sixty shall be liable to a penalty of two hundred and fifty dollars for each and every offense, to be sued for and recovered in the name of the people of this State; and every person violating any of the provisions of section two thousand and sixty-one shall be deemed guilty of misdemeanor, and on conviction thereof the person of- fending may be punished by a fine of two hundred and fifty dol- lars, or by imprisonment not exceeding one year, or by both fine and imprisonment, in the discretion of the court; one-half of which fines, when recovered, shall be paid to tbe informer, and the other half into the county treasury where the action shall be tried or tbe conviction had. comp.iwjf' ' § 2063. It shall be the duty of every magistrate who shall is- sue a warrant for the apprehension of any person or persons for violating the provisions of section two thousand and sixty-one, within twenty-four hours after such person or persons shall have been taken and brought before him, to take the testimony of any witness who may be offered to prove the offense charged, INVESTIGATION OK VIOLATIONS OF PROVISIONS. 689 in the presence of the accused, who may, in perso^Pbr by coun- sel, cross-examine such witness. The testimony so taken shall be signed by the witness, and he certified by the magistrate, and in case such magistrate shall commit the accused to answer tin 1 charge he shall immediately thereafter file the testimony so taken with the district attorney of the county in which the offense was committed, to be used on the trial of or on any further proceedings against the accused; and the testimony so taken shall he deemed valid and competent for that purpose, and be read and used with the like effect as if such witness were orally examined on such trial or proceedings. After the testimony of any witness shall be so taken he shall not be de- tained, nor be imprisoned, or compelled to give any recognizance for his future appearance as a witness on any trial or proceeding thereafter to be had in the premises. £ 2064. It shall he the duty of all captains, owners, agents com,',''i« : s1, and consignees of all shii)s or vessels arriving at the port of E£X¥!?j! e <-> ' o i cared for by New York, having as a passenger any lunatic, idiot, deaf, dumb, fflrofidii blind, maimed, infirm, or sick indigent person, or persons above the ago of sixty years, to keep, provide and care for such person in a proper manner on hoard of such ship or vessel, at the ex- pense of such captain, owner, agent or consignee, until such person shall have been delivered over to and placed under the care of the commissioners of emigration. Any person violating this section shall be liable to a penalty of five hundred dollars for each and every such violation, to he sued for by the commis- sioners of emigration. £ 20G5. Each commissoner of emigration shall have power to w. I* administer an oath to and examine under oath any witness re- m!'s^i. speeting any complaint made by any person relative to the ship Examinattoii in which any passenger was brought to the United States, or the ri\Mi™T>'*' treatment of any passenger during the voyage, or the food or !7e,V"^ r 1 a , ; lts c • drink furnished to any passenger on the voyage, or the death on the voyage of any passenger, hut to entitle the same to he read impositions to upon the trial of any person accused of any crime or olfense, writtatr. to such examination shall he made in the presence of the person complained of, who shall have a right to cross-examine every such witness. Such commissioner shall cause such testimony to be reduced to writing before him, and shall sign and certify the same, and shall deliver such depositions, so signed and certi- fied, to the clerk of the county of New York, who shall file the same of record in his office, and shall enter a docket or minute of such filing, on payment of a fee of one dollar. The said clerk fm. shall deliver a certified copy of such deposition to any person ap- plying for the same, upon payment of a fee of twenty-five cents ICKLATI.V. T(j 1M.MK. HANTS. 1*58, ch, R-'.T, C'omp. 16:)0. Notice to owners of ves- Hcls, before t ikint; testi- mony. ch. RT)T. J4, Coin p. ItilMi. Depositions, or crrtiih'd copies thereof, I" be evidence in certain actions. J86t, ch. 887, 51. C'omp. 107G. Sale of un claimed bag- fCRc. advertisement, Deposit of funds. fin- sucli cfi-i41ciii', ami of fivo cents for every folio of one hun- dred words therein contained. § 2066. Before taking such testimony, such commissioners shall cause at least six hours' written notice thereof to the said vessel, her owners, master or charterers, to he served on (lit owners personally, or on the master personally, or by handing a true copy thereof to the person found in charge of such vessel. The said notice, with an affidavit of service, which may he made before such commissioner, shall be attached to the deposition; but such notice need not name the owner, master or charterer, and such owner, master or charterer, or their agent, may cross-examine said wit ness; but no examination shall be ad journed for more than twenty-four hours, unless by reason of sickness of such witness. ;:' l'oiIT. Such deposition and certified copies thereof shall be evidence in any action then or thereafter [tending between any of the passengers on such voyages and the said ship, or her owners, master or charterers, victualing, manning and navigat- ing her for such voyage, upon any claim involving the facts therein testified to. ? "JOGS. The commissioners of emigration are authorized and required to sell at public auction, to the highest' bidder, all un- claimed baggage, goods, or other personal property of emigrant passengers arriving in vessels at the port of New York, one year after the same shall have c< me into their possession, provided the sale shall be advertised with a full description of said bag- gage, goods, or other personal property, together with the time and place of said sale, for the period of four weeks, in at least two daily papers, published in the city of New York; and the cost of such advertising and sale, and the necessary expenses incident thereto, shall be a lien on said baggage, goods or other personal property. The proceeds of such sales, after deducting the costs and 'expenses as aforesaid, shall be deposited in the New York Life and Trust Company, subject to the claim of the rightful owner, for the term of two years; and after then shall be applied to the legitimate uses of the commissioners of emi- gration, less the costs and expenses. bailors' uoardino nor b I 691 • CHAPTER XXVI. Protection of Sailors. § 2000. It shall not bo lawful for any person, except a pilot c^p^e 1 !* 1, il or public officer, to board, or attempt to board, a vessel arriving in the port or harbor of New York before such vessel shall have ,\7i"ar'i: been made fast to the wharf without first obtaining leave from v, ' ss " 1 the master or person having charge of such vessel, or leave in writing from her owners or agents. « 'JOTO. It shall not be lawful for any owner, agent, master ' ' v ; ■ J > » o ' In what ms^n or other person having charge of any vessel arriving or being in J|tc 8 nottog«T6 the port of New. York to permit or authorize any sailors' hotel wn«ent or boarding-house keeper not licensed as hereinafter provided, or any agent, runner or employee of any sailors' hotel or board- ing-house keeper to board or attempt to board any vessel arriv- ing in or lying or being in the harbor or port of New York, before such vessel shall have been made fast to the wharf or anchored, with intent to invite, ask or solicit the boarding of any of the crew employed on such vessel. § 2071. It shall not be lawful for any sailors' hotel or sailors atamended boarding-house keeper, or the employees of any sailors' hotel or lepers .T "' board ingdiouse keeper, to engage in the business of shipping *;'!'''',">; !',;' Iv seamen for any vessel, nor for any such person having boarded *ip seamen, any vessel made fast to any wharf in the port of New York to neglect or refuse to leave said vessel after having been ordered so to do by the master or person having charge of such vessel. * £072. It shall not be lawful for anv person to keep, con- Id §4 - 1 . r ' License for duct or carry on, either as owner, proprietor, agent or other Bailors' board * * , " r r » o lns - houses, wise, any sailors' boarding-house or sailors' hotel in the city of " New York, without having the license in this chapter provided. § 2073. It shall not be lawful for any person not having the ptrionsnot license in this chapter provided, or not being the regular agent, b 'fdde^o f ro" runner or employee of a person having such a license, to invite, 'f '4^' '' : ask or solicit, in the city or harbor of New York, the boarding or lodging of any of the crew employed on any vessel. § 2074. There is created a board denominated a board of ^amended commissioners for licensing sailors' hotels or boarding-houses in comp\Voo.' the city of New York, cox:sisting of one person selected by each etc lo uce^l s ' of the following corporate bodies or associations, respectively, ° r to wit : The Chamber of Commerce of the State of New York ; the American Seamen's Friend Societv, in New York ; the New 692 swi.OKs HOARDING HOl'SFS. Id. J7. Tiicir dlltlM. 1f any license granted by them as herein provided. § 20S0. Every sailors' hotel or boarding-house keeper, and w.|» every agent, runner, or employee of such hotel or boarding- spicuoiuiy, house keepers, when boarding any vessel in the harbor of New York, or when inviting or soliciting the boarding or lodging of any seaman, sailor, or person employed on any vessel, shall wear conspicuously displayed Ibe shield or badge referred to in the foregoing section. § 2081. It shall not bo lawful for any person, except those 1,1 <1S named in the preceding section, to have, wear, exhibit or dis- play any such shield or badge to any of the crew employed on any vessel with the intent to invite, ask oj' solicit the boarding or lodging of any of the crew employed on any vessel being in the harbor of New York. § 2032. Whoever shall offend against any or either of the ^J^,^ provisions contained in sections two thousand and sixty-nine ^fuSmct to two thousand and seventy-three, inclusive, or two thto tiUe ' thousand and eighty or two thousand and eighty-one, of this act, and any commissioner appointed under this chapter, who shall directly or indirectly receive any gratuity or reward, other than as herein provided for, or on account of any license under this chapter, shall be deemed guilty of a misdemeanor, and shall, upon conviction thereof, be punished by imprison- ment in a county jail for a term not exceeding one year, and not less than thirty days, or by a fine not exceeding two hundred and fifty dollars, and not less than one hundred dollars, or by both such fine and imprisonment. im ch m § 20S3. The word ''vessel," as used in this chapter, shall in- l»/coitf!ftm. What 11 vessel ' 1 elude vessels propelled by steam. . includes. § 20S4. The president of the trustees of the Seamen's Fund e^p.^™ 9,51 and Retreat in the city of New York shall demand and be en- titled to receive, and in case of neglect or refusal to pay, shall, in the name of the people of the State of New York, sue for and recover the following sums from either the owner or owners, or from the master, or from both the owner or owners and master, of every vessel from a foreign port; for the master one dollar and fifty cents; for each mate, sailor, or mariner, one dollar. Second, from the master of each coasting vessel, from each person on board composing the crew of such vessel, twenty-five cents; but no coasting vessel from the State of New Jersey, Connecticut or Rhode Island shall pay for more than one voyage in each month, computing from the first voyage in each year. And the said president may sue for the penalties imposed by law on masters of coasting vessels for non-payment of hospital monev. • 694 HOAKD OF PORT WARDENS. CHAPTER XXVII The Port-Wahdkns. 1858, ch. 40.'., |1 Conip. lTOy. Board of wardens. 17 N. V. 141. Removal Id. $2. Becretnrv 17 X. Y. Ml § 2085. There is established a board of wardens for the port of New York, which shall be called and known by the name and title of "the Port Wardens of the Port of New York," and shall be composed of nine members, one of whom shall be a resident of the city of Brooklyn, three of whom shall be nautical men, who shall be nominated, and, by and with the advice and con- sent of the senate, appointed by the governor; and they shall anually elect one of their number president, mid another vice- president. All appointments of port-wardens shall be for the term of three years, except that any vacancy shall be filled for the residue of the unexpired term; said wardens shall hold their offices until their successors shall be appointed and duly quali- fied. Any warden may be removed for misconduct or neglect of duty, at the discretion of the governor, and any warden neg- lecting or refusing to perform the duties of his office, or violat- ing the regulations of the board, after due notice from the board, shall be liable to suspension by the vote of a majority of the whole board, and during such suspension said warden shall not be en- titled to participate in the pay and emoluments of said office unless reinstated by the governor, by and before whom an ap- peal shall be heard and decided. § 20S6. The said board shall have power to appoint a secre- tary and fix his compensation, who shall hold his office during the pleasure of the board, said compensation to be paid out of the receipts of the office. It shall be the duty of the secretary to keep, in such books as shall be provided for the purpose, a full, true and complete record of all their acts, proceedings, sur^ veys and reports, and such books shall be open to the public in- spection of any person interested therein; and the said board of wardens shall have and use a common seal, and each warden shall have full power and authority to administer oaths, exam- ine witnesses and take affidavits concerning the business of said office; and all willful false swearing under such oaths shall be deemed perjury and punished accordingly; and the said board shall also have full power to make such rules and regulations for their own government and the discharge of their duties under this chapter as they may deem necessary and proper. They shall keep an office in the city of New York, at which office a major- ItuAKU uK 1'UltT WARDEN'S, ity of them and their secretary shall give attendance daily (Sun- days and public holidays excepted), and shall have the exclusive right to perform all the duties of port-wardens of the port of New York specified in this chapter. £ 2087. It shall be the duty of said board or someone of them, J.',,*}, 1710 on being notified and requested by any of the parties interested, to proceed in person on board of any vessel for the purpose of kn. y, ui examining the condition and stowage of cargo, and if there bo my goods damaged on board said vessel, they sha^ inquire, ex- amine, and ascertain the cause or causes of such damage, and make a memorandum thereof, and enter the same in full upon the books of the office, and if after the arrival in port of any vessel the hatches shall be first opened by any person not a port- warden, and the cargo or any part thereof shall come from on ship-board in a damaged condition, these facts shall be presump- tive evidence that such damage occurred in consequence of im- proper stowage or negligence on the part of the porsons in charge of the vessel, and such default shall be chargeable to the owner, consignee, master or other person in interest (as part owner or master) of said vessel, each and all of whom shall be primarily liable for such damage. And the said board shall be exclusive surveyors of any vessel which may have sufferod wreck or dam- age, or which shall be deemed unfit to proceed to sea, and shall ex- amine the condition of the hull, spars, sails, rigging, and all appur- tenances thereof, and they shall call to their assistance one or more carpenters, sail-makers, riggers, ship-wrights, or other person skilled in his profession, to aid them in their examination and survey, provided such person shall not be interested therein; and all parties so called shall be sworn, and shall each be allowed a fee of two dollars, to be paid by the persons requiring said ex- amination. The said wardens shall specify what damage has occurred and record in the books of said office a full and particu- lar account of all surveys held on said vessel; they shall also be the judges of the repairs necessary to render said vessel again seaworthy, or for the safety of said vessel and cargo on the in- tended voyage. They shall also have exclusive cognizance of all matters relating to the surveys of vessels and their cargoes arriving at the port of New York in distress, or damaged in said port of New York, and shall be the judges of its fitness to be reshipped to its port of destination, or whether it shall be sold for the benefit of whom it may concern; they shall also, if called upon so to do, estimate the value or measurement of any vessel when the same is in dispute or libeled, and record the same in the books of said office. § 2088. It shall be the duty of said board, or some one of them, on being notified and requested so to do by any of the W> BOARD OK PORT W AKOENS. goJuJ*** 1 parties in interest, to proceed in person to any warehouse, store or dwelling, or in the public streets, or on the wharf, and exam- ine any merchandize, vessels' materials, or other property said to have heen damaged on hoard of any vessel, and inquire, ex- amine and ascertain the cause or causes of such damage, and make a memorandum thereof of such property, and record in the hooks of said office a full and complete statement thereof; and it shall he the duty of the said hoard, when so requested, to furnish a cer^ficate of any record in the hooks of said office to any party interested therein, upon their paying to the said hoard the regular fee for said certificate. All certificates issued shall he under the seal of said office, and signed by the president, or vice- president and secretary, and said certificate shall he evidence of the existence and contents of such record in any court of this State, in all cases of inquiries, examinations and surveys relat- ing to vessels, and cargoes on hoard thereof, as specified in this chapter. The said hoard shall give notice to all persons interested in or having charge of the subject matter of such inquiry, examination or survey, by advertisement in at least two daily newspapers printed and published in the city of New York, of the pendency of such inquiry, examination or survey, and of the time and place of completing the same, the expense whereof shall be added to and paid with the fee for making such inquiry, examination or survey. cSmfmt * 5 ' § 20S9 - Ifc sna11 1)0 tne duty of said board, or some one of the Attend wiies members thereof, to attend, personally, all sales of vessels, when condemned, vessels' materials, and goods in a damaged state, which shall be sold at public auction in the port of New York by reason of such damage for the benefit of owners or under- writers, or for account of whom it may concern ; and it shall be the duty of auctioneers making such sales to give due notice thereof to said board before the sale, and all such sales shall be made by auctioneers under the direction and by order of the wardens, for which service they shall be entitled to receive a com- mission of one-half of one per cent, on the gross amount of sales . thereof, to be paid to said board of wardens on demand, by the auctioneer making such sa^, and such property shall be exempt from the payment of auction duties to the State; and it shall be the duty of auctioneers to make monthly statements to said board, specifying the total amount of each day's sale made by them under this section, which statement shall be filed in said warden's office", and the wardens, when required by the owner or consignee thereof, shall certify the cause of such damage, the amount of such sale, and the charges on the same, all of which shall be recorded in the books of said office; and the said board of wardens shall be allowed for each aud every survey DUTIES OF PORT WARDENS, 697 held on board of any vessel on hatches, stowage, or cargo, or damaged goods, or at any warehouse, store, <>r dwelling, or in the public street, or on the wharf, within the limits of the port of New York, on goods said to be damaged, the sum of two dol- lars, and for each and every certificate given in consequence thereof, the sum of one dollar, and for each and every survey on the hull, spars, sails or rigging of any vessel damaged or arriv- ing at said port in distress the sum of five dollars, and fen - each and every certificate given in consequence thereof the sum of two dollars and fifty cents, and for each valuation or measure- ment of any vessel the sum of ten dollars, and the compensation and emoluments of said office shall be divided equally between the said nine wardens composing the board under this chapter. § 2090. It shall be unlawful for any person or persons, except u. so, t he port-wardens duly appointed under this chapter, to assume iBarb.ch.ci9. to act as port-wardens, or to undertake the performance of any renftltics - of the duties prescribed in this chapter, or pertaining to the said office of port-warden; and it shall be unlawful for any person or persons"to employ any other than the legally appointed wardens for the performance of such duties; and it shall also be unlawful for any person or persons to issue certificates of surveys on vessels, vessels' materials, or goods damaged, with the intent to defeat or avoid the provisions of tins chapter; and any person or persons violating the provisions of this chapter shall be deemed guilty of a misdemeanor, and shall forfeit and pay renaitv for to the wardens a penalty of one hundred dollars for each offense committed, and the said board of wardens or their successors in office may, in their proper name and title, sue for and recover in any court in this State having cognizance thereof their legal fees, or the penalty of this chapter, for any violation of the laws appertaining to the duties of the port-war- dens of the port of New York. § 2091. The governor shall nominate, and by and with the i^.ch. i " . . • ' » Comp. 1712, consent of the senate appoint, two special wardens, who shall re- special side at quarantine, and whose duty it shall be to act as wardens quaranu"-. only in regard to vessels and goods that are actually under and subject to quarantine detention, and their duties shall not apply to vessels stopping at quarantine for the purpose only of visita- tion by a health officer, and not detained. Said wardens shall be appointed for the term of three years. Such special wardens shall make returns in detail of all surveys made by them, and of all other duties by them performed, to the wardens' office in the city of New York, within forty-eight hours after such survey is made or such service performed; and all rules and regulations adopted by the board of wardens shall apply to and govern said special wardens in discharge of their duties at quarantine. The COMM ISSIQN KHS OF PILOTS. special wardens at quarantine shall be allowed and entitled to re ceive for each and every survey or examination made by them the sum of five dollars, and the compensation and emoluments of said office shall be divided equally between the said special wardens, share and share alike, romp 1718 § 2092. The said board of port- wardens shall keep a full and Receipt* accurate account of all their receipts and expenditures, and transmit to the comptroller a true copy thereof annually on the fii-st Monday of January in each year, and which copy shall be verified by the oaths of the president and secretary of said board, and each warden shall append to such account an affidavit that he has not taken or received any money or goods as presents, directly or indirectly, for services as warden, except the legal fees. 1858, cb. 467, S, 3, 4. Comp. 1033. Board of com- missioners. See 18G3, oh. S58,{tl, relating to quarantine Imposes a duty OH pilots; 45 N'. V. 446: Bfl N. V. 131. Three commis- sioners to be elected by chamber of Commerce. Two commis- sioners to be elected by president and vice-president of the marine Insurance com- panies, New York. CHAPTER XXVIII. Pilots and Pilotage. Title 1.— Sandy Hook Pilots. § 2093, There shall continue to be, in the city of New York, a board entitled " the board '.» Violation of act a mi-uW-uiKttii'jr on or attend in any manner, or furnish refreshments to the audience or spectators, or any of them, at any of the exhibitions or performances mentioned in said section, or at any other place of public amusement in the city of New York. § "Jo 11. No license shall be granted for any exhibition or I'^Vna, performance given in violation of the preceding section, and any ^;!' M '" S " and everv exhibition or performance at which anv of the pro- ''><••■*«'» J ' * • « annulled. visions 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 consenting to, causing or allowing or letting any part of a building for the purpose of such exhibition and performance. ;i 2012. Any person violating any of the provisions of the yjjjj two preceding sections, or employing or assenting to the employ- ment or attendance of any person contrary to the provisions of said sections, shall be deemed guilty of a misdemeanor, and upon conviction, 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 one hundred dollars, nor more than five hundred dollars, or by both such fine and impris- onment. § 2013. It shall be the duty of the superintendent of police, £uty „f ch i e f every sheriff, deputy sheriff, constable, captain of police, policeman other'offlcer^ and every other police officer, to enter at any time said places of amusement, and to arrest and convey any person or persons vio- lating any provision of the three preceding sections, forthwith, before any police justice or recorder or magistrate having juris- diction in said city, there to be dealt with according to -law. j5 2014. The owner, lessee, manager, or other person or per- l m ' ch ^-K 1 sons, having charge or control of any theatre shall cause each J^^Vedtnd and every door and means of exit to be used in case of fire or pjlJS^do,, panic to be conspicuously numbered so as to be visible to the p 1 " *™ 1 "™ 5 - andience 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 con- spicuous type as aforesaid on the programme or bill of the play. Any and all persons who shall violate any of the provisions of this section, or fail to comply therewith, or any requirement failnre\o thereof, shall severally, for each and every violation and non- thi?act. wlth compliance, respectively forfeit and pay a penalty in the sum of fifty dollars; to be sued for and recovered in the same manner as violations of the building laws in the city of New York are now sued for and recovered by the fire department. I i MMI88IONERS OF PILOTS. I'pon the expiration of the term of office of any commissioner Ki«-n.H.j..i-iis» or commissioners, or within thirty days prior thereto, and upon o mnnH M iwwH any vacancy occurring l»y death, resignation, removal from the State, or oilier cause, another election for the term of two years shall he made hy the same class of persons or authority as that which made the election to the office so expiring or becoming vacant. $ 2094. Each commissioner, before entering upon the duties IJ f , ... /». , g. oa Oath of office. of his office, shall take the usual oath of olhce before an officer authorized to administer oaths, which oath or affirmation shall be filed, without delay, in the office of the clerk of the city and county of New York. 8 2005. The commissioners shall appoint a secretary, who I,, * c - ° . . - . Secretary. shall take a like oath, to he filed in like manner, as provided in the preceding section; and they may remove him at any time and appoint another; and shall prescribe his duties and compen- sation. The board shall establish an office in some convenient w. §7. and proper place in the city of New York, where the commis- ^bushed. 1 * sioners shall meet on the first Tuesday of every month, and as much oftener by adjournment, or upon a notice given by any one of them, or by the secretary, as circumstances may require. £ 2096. The commissioners shall require their secretary in per- laa. en ^s-.sb, son, or by deputy, to be in daily at tendance at their office on all Duties of nec- ordinary business days, during .reasonable office hours, and shall letar> cause to be kept by him a proper book or books, in which shall be written all the rules and regulations made by them, and all their official transactions and proceedings, and whatever else may be deemed by them proper and useful and immediately pertain- ing to their duties or to the pilot service. They shall also cause to be kept, by their secretary, a register of the names and places of residence of all the pilots who may be licensed by them, with the dates of their licenses respectively, and such books may be inspected by any person interested. § 2097. The commissioners, or a majority of them, shall Id - $ 9 . , ° " " as amended license, for such term as they may think proper, so many pilots ism, en. iw, §i. as they may deem necessary for the port of New York; and such pilot" 8 * 1 * commissioners may specify in such licenses different degrees of qualifications appropriate to different parts or branches of duty, according to the competency of the applicant. No license shall be granted to any person holding any license or authority from or under the authority of laws of any other State, and the said commissioners, or a majority of them, shall have the power and authority to revoke and annul the license of any person so licensed by them to act as pilot who shall not be attached to a boat approved of by said board, or who shall be guilty of any intoxication or other misconduct while on dutv. 700 i ,:< k.vhinu or pilots rd. f 19. Comp. ItSM. ICxumlnttton to ho made before granting license. u. hi. Recognizance to be Riven. 1S5J, en. 4ti.\ §12, Comp. 1641, as amended 1855, ch. 196, §3, Regulation of pilot-boats and pilotage. § 2098. It shall be the duty of the said commissioners, bo foro thoy shall grant a license to any person applying therefor to act as a pilot in pursuance of this title, within one week there after to call such applicant before them, and in presence of one or more of the pilots of the said port, licensed to pilot vessels to and from the said port by the way of Sandy Hook, who shall be notified to attend for the purpose, and who are hereby required to attend and assist in such examination; or in case of the non- attendance of the pilot or pilots who shall be so notified to at tend for that purpose, then, without the pxesence.or assistance of any liqensed pilot, to examine, or cause to be examined, such applicant, touching his qualifications for the office of a pilot, and in particular touching his knowledge of the sailing and manage- ment of a square-rigged vessel, and also touching his knowledge of the tides, soundings, bearings and distances of the several shoals, rocks, bars, and points of land and night lights in the navigation for which he applies for a license to act as a pilot, and touching any other matter relating thereto which the said commissioners may think proper. And if, upon examination, the person so applying shall be found to be of good moral char- acter and tempera b« habits, and to be possessed of sufficient ability, skill .ind experience to act as a pilot, and not otherwise, the said commissioners may grant him a license for piloting ves sels to and from the port of New York by the way of Bandy Hook. § 2099. The commissioners, before granting licenses, shall re- quire all pilots to enter into recognizance to the people of this State, with two surelies, to be approved by such commissioners, or a majority of them, each in a penalty not exceeding five hun- dred dollars, conditioned that the pilot shall diligently and faithfully perform his duties as pilot, and observe the rules and regulations and decisions of the board; and every such rec ognizance shall be prosecuted in the name of the people of the State of New York, by or in behalf of ihe commissioners, provided a majority of them shall so instruct, and if any amount be collected in such suit it shall be paid to the said com missioners, and they may direct the same to be applied for purposes as expressed in section eighteen hundred and ninety- seven. § 2100. The said commissioners, shall have jthe power to regu- late the stationing of pilot boats for the purpose of receiving pilots from outward-bound vessels, and may alter or amend any existing regulations for pilots, and make and duly promulgate and enforce new rules or regulations, not inconsistent with the laws of this State, or of the United States, which shall be bind- ing and effectual upon all pilots licensed by them, and upon all PEES OF BANDY HOOK PILOTS. parties employing such pilots. They may declare and enforce forfeitures of pilotage upon any mismanagement or neglect of duty by the pilots licensed hy them; they may declare and* im- pose and collect fines and penalties, not exceeding two hundred and fifty dollars for each offense, to prevent any of the pilots licensed by them from combining injuriously with each other, or with other persons, and to prevent any person licensed by them from acting as a pilot during his suspension, or after his license may he revoked; and the said commissioners may establish and enforce all other needful rules and regu- lations for the conduct and government of the pilots licensed by them, and ihe parties employing them; and they may enforce and receive accounts of all moneys collected for pilotage by the pilots licensed by them, and may impose and collect from such pilots a sum not exceeding three per cent, on the amount thereof, to defray their necessary expenses, including clerk hire and office rent. Any pilot bringing in a vessel from sea shall, by c *m P cl 'ifrn°' himself or one of his boat's company, be entitled to pilot her to sea when she next leaves the port, unless, in the ■ meantime, a complaint for misconduct or incapacity shall have been made against such pilot, or one of his boat's company, . Before any per.-on shall be pn reeded against on any complaint, and before any pilot be suspended longer than for one month, or be removed, such person or pilot shall be notified, in writing, signed by the secretary, to appear before the com- missioners, specifying the nature and substance of such com- plaint; which notice shall be served, personally, at least five days before the time fixed for appearance, and the commission- ers for just cause shall postpone or adjourn the hearing from time to time. A certificate of such commissioners, or of a majority of them, with proof of such service of notice, shall be prima facie but not conclusive evidence that the party upon whom the notice was served, and a fine or penalty thereupon imposed, is liable to pay such fine or penalty. § 2116. The secretary, under the supervision of the commis- sioners, shall, at the instance either of the complaining or defending part}*, issue subpoenas for compelling the attendance of witnesses to testify before the commissioners, in all cases in which the power to hear and examine is conferred by this title ; and it shall be the duty of the commissioners to examine all such witnesses on oath, to be administered by DUTIKS AND POWERS OF PILOT COMMISSIONKRM. 7".". , them, as shall appear to tliem to give material testimony ; and each person subpoenaed a> a witness shall be entitled to the like compensation from the party requiring his attendance, and be subject to the like penalties and punishments for disobedience, or for false swearing, as in civil suit at law in a court of record. § 2117. The decision of a majority of the commissioners shall 1,1 ir ' be conclusive niton all questions arising under this title, except as hereinbefore provided. .In caso of an omission to till any vacancy in the board of commissioners for one month, the re- maining two or three commissioners (as the case may be) shall have 'authority to perform all the duties of the commissioners for the time being. vjj211S. It shall be the duty of the secretary, and his clerks if u. $2*. any, when not employed under the foregoing provisions of this cJTks ayBnd title, to aid the licensed pilots in keeping their accounts of pilot- age, and in collecting the same, if desired, and in keeping a register of calls 'for pilots. §2119. No master of any vessel navigated under a coasting aSp^M^' 1, license and employed in the coasting trade, by the way of Bandy ^ 8 e ". t '' Hook, shall be required to employ a licensed pilot when entering S«Sigte»de; or departing from the harbor of New York ; but this provision iw.cii. 233, p, shall not be construed to alter the legal rate of compensation of Kutenmoy any pilot who may be so employed; but in case the services of a 0JtR1D lcense ' pilot shall have been given, the pilot shall be entitled to the rates ' established by this title. If the master of any vessel above one hundred and fifty and not exceeding three hundred tons burden, and owned by a citizen of the United States, and sailing under a coasting license to or from the port of New York, by the way of Sandy Hook, shall be desirous of piloting his own vessel, he shall first obtain a license for such purpose from the commis- sioners of pilots, who are hereby authorized and required to grant the same, if such master shall, after an examination had by said commissioners, be deemed competent ; which said license shall be and continue in force one year from the date thereof, pr until the determination of any voyage during which the license may expire. For such license, the master to whom Feesfor i lrenlw it shall be granted shall pay to the said commissioners four < 1)al >-.8i8. cents per ton. All masters of foreign vessels and vessels from a foreign port, and all Vessels sailing under register, bound to or from the port of New York by the way of Sandy Hook, shall take a licensed pilot : or, in case of refusal to take such pilot, In case of shall himself, owners or consignees, pay the said pilotage as if Ketusaj. one had been employed ; and such pilotage shall be paid to the pilot first speaking or offering his services as pilot to such vessel. Any person not holding a license as pilot under this T06 DUTIES OF SANDY HOOK PILOTS. PorHonn not holding o HeenBO. 62 N. Y.009; 45 Id. 410; 59 Id. 131. Penaltj • 1853, ch. 407, $23, (is amended 1854, ch. 198, $5, Couip. 1014. Piloting with- out license. fO N. V MS; 13 N. Y. ' OA l8M.cli.358, ?.4. Comp. 10.^. Duty of pilots. Id. ?35. ns nmrnded 1865, ch. 592, J8, Comp. 10.3. Duty of pilots in certain ctS 's. 1865, ch. V12, jpl, C'onip. 1647. Action, how prosecuted. title, 6r under tlio laws of the State of New Jersey, who shall pilot, or offer to pilot, any ship or vessel to or from the port of New York hy the way of Sandy Hook, except such as are exempt by virtue of this title, or any master, or person on hoard a steam tug or tow hoat, who shall tow such vessel or ves- sels, shall be deemed guilty of a misdemeanor, and, on conviction, shall be punished by a tine not exceeding one hundred dollars, or imprisonment not exceeding sixty days ; and all persons employing a person to art as pilot, not holding a license under this title, or under the laws of the State of New Jersey, shall forfeit and pay to the hoard of commissioners of pilots the sum of one hundred dollars. This section shall not apply to vessels propelled wholly or in part hy steam, owned or helonging to citizens of the United State-, and licensed and ongagod in tl*> coasting trade. ^ 21 20. Any person not holding a license as pilot under this title, or under the laws of the State of New Jersey, who shall pilot or offer to pilot any ship or vessel, not emhraced in the preceding section, to or from the port of New York, hy the way of Sandy Hook, shall he deemed guilty of a misdemeanor, and on conviction shall be punished hy a tine not exceeding one hundred dollars, or imprisonment not exceeding sixty days; and all persons employing a person to act as pilot not holding a license under this title, or under the laws of the State of New Jersey, shall forfeit and pay to the hoard of commissioners of pilots the sum of one hundred dollars. § 2121. It shall be the duty of each branch and deputy pilot belonging to the port to use his utmost endeavors to hail every vessel he shall discover entering the port, and to interrogate the master of such vessel in reference to all matters necessary to enable such pilot to determine whether such vessel be subject to quarantine. ■ § 2122. If from the answers obtained from such inquiries it shall appear that such vessel came from a port where any quarantinable disease existed at the time of her departure, or that any case of such disease shall have occurred on board of her during the pas- sage, the pilot shall immediately direct the master of the vessel to proceed and anchor such vessel at the quarantine anchorage in the lower bay. In other cases of vessels liable to quarantine he shall direct the masters thereof to proceed and anchor such vessels at such point as shall be assigned by the quarantine commissioners as an anchorage for such vessels. §2123. All actions and proceedings by the commissioners of pilots to enforce any liability or to recover any fines, penalties or forfeitures given by law to such officers, or to the board of com- missioners of pilots, may be brought and prosecuted by such APPOINTMENT OF tiELL GATE PILOTS. 7"7 officers in the name of the hoard of commissioners of ])ilot s; and wherever by law, any notice is required to lie given hy said offi- cers, or by the said hoard, a notice, signed hy tin- president for the time being of the hoard, and containing a copy of the section under or in pursuance of which such notice is given, shall be :i sufficient compliance with the requirements of the law in respect . to the giving of such notice; provided the said board shall, hy SStdSSSon; the vote of a majority thereof, within twenty days after the giv- ing of such notice,' ratify and adopt the same as the act of said hoard; but this section shall not apply to any notice to he given in the progress of any action or special legal proceedings. mie 2. -Hell dale Vildts § 2124. There- shall he appointed, in the manner hereinafter gJAS directed] fit and proper persons to act as pilots for the safe pilot- rnoutobe ' * 1 * 1 ' appointed. age of vessels through the channel of the East river, commonly w Abb. so. called Hell Gate, who shall he known as Hell Gate pilots, and hold their offices during good behavior; and all those who, on April fifteenth, eighteen hundred and forty-seven, were pilots hy the way of Hell Gate, shall be considered as pilots under this title. § 2127». All pilots hereafter to he appointed shall he appointed T'£ MinaiWi hy the governor, by and with the consent of the senate, and sioned °. n j* - shall he commissioned hy the governor in like manner as all of other persons appointed to office hy him with the consent of the senate. It shall he the duty of the hoard of wardens of the port of New York to recommend such suitable and experienced per- sons to act as such pilots as shall apply for such recommenda- tion, and to make a list of the person or persons so recommended; which list shall he transmitted to. the governor of the State, a m e § n f le * s 18ri whose duty it shall be to present the same to the senate for their ^ k ^ 3 ' confirmation or rejection. It shall not he lawful for any Hell »pp«s th »' * t prohibited. Gate pilot to take any apprentice in his said trade or profession of Hell Gate pilot. § 2126. The board of wardens of the port of New York shall have power and authority to make and establish such rules, establish mi** orders and regulations, not inconsistent with the constitution and laws of this State, or of the United States, or of the pro- visions of this title, for the better government of said pilots; and with such fines and penalties for the breach thereof as the said board of wardens may from time to time direct; and to revoke, annul or alter the same as often as they may deem proper and expedient. Said board of^wardens shall have such rules, orders and regulations entered at length upon the minutes of said board, and shall furnish to each of said pilots a copy of said rules, » 708 DUTIES AND KIGHTS OF HELL GATE PILOTS. orders and regulations, and shall furnish each of said pilots with a copy of any additional rule, order or regulation, or of any abrogation, alteration or amendment thereof. Bomp low. §2127. Said board of wardens shall have cognizance of all JteSfceof^m^* 0111 ?^?* 8 ma(1 ° against any or either of said pilots for official plaints. misconduct. I'pon the reception of any complaint as aforesaid, against either of said pilots, it shall he the duty of said board of wardens to furnish the pilot complained of with a copy, in writing, of said cause of complaint; which copy shall contain, as near as may be, a full specification of the charges pre- ferred against said pilot, with a notice affixed thereto of the time (not less than six days) and place, when they, the said board of wardens, may or shall require said pilot to appear before said board to answer the charges made against him; but no charge shall be received unless the same is verified by the oath of the person preferring the same. Upon said pilot appearing before the board of wardens it shall be their duty to take testimony and to examine into the facts and circumstances of the case, and if after a full hearing of the case, and of competent proof, tending to establish said charge, a majority of the whole board of wardens shall deem said pilot guilty of official misconduct, they, the said board of wardens, shall have full power and authority to suspend said pilot. It shall be the duty of said board of wardens to transmit to the governor of this State, within ten days after such suspension, a full account of their proceedings in the premises with a copy of the complaint and specifications, and also a copy of the testi- mony taken in the case. It shall be the duty of the governor, upon a review of the whole matter, either to remove the said pilot from office, or to annul or confirm his suspension, as to him shall appear Just and proper in the premises. comp. h lwu. § ■''' , § .2128. It shall be the duty of the said pilots to keep two or twoor'more 11 niore good and sufficient deck boats, of not less than twenty deck boats. {. Qns burden, on t ne East river, and no more than seven pilots shall be interested in one deck boat; and no person who is not a regularly licensed Hell Gate pilot shall own any part of any boat engaged in the said pilot business, under the pain of a for- feiture of such parts or shares owned by him, to be sued for and recovered by the said board of wardens; and all deck boats be- longing to said Hell Gate pilots shall be registered in the office of the said board of wardens. coinp.i65d. §2120. It shall be lawful for any such pilot to demand and a^e e to°L pUot receive from any person who shall employ any of them to pilot charged. an y vesse i f the burden of ninety-five tons and upwards, or from the consignee or owner of said vessel, from the eastward- of Sand's Point or Execution Eocks, or take charge of any such vessel at or to the eastward of Sand's Point or Execution Rocks, HF.U, ( i ATI! PILOTS. 709 and pilot her to the port of NYw V.»rk, or t<> pilot her from the port of New York to Sand's Point or Execution Rocks, for every vessel, one dollar and fifty cents for each and every foot of water such vessel may draw ; and from the eastward of Hell Gate to the port of New York one dollar for each and ever] foot of water such vessel may draw ; and for pilotage from the port of New York to the eastward of either of the hefore men- tioned points or places they shall he t ut il led to receive the same compensation as is above provided when the said vessel is bound to the port of New York. And every pilot shall, for such such services, he entitled, in addition to the above-mentioned rates of compensation, to demand and receive the further sum of twenty-five cents for each and every foot of water which any square-rigged vessel may draw which they shall pilot to or from the port of New York : and every Mich pilot who shall have piloted any ship or vessel into the port of New York by the way of Hell Gate shall be entitled to a preference in piloting the said ship or vessel out of the said port on the next outward . voyage of the said ship or vessel, if the said voyage be by the way of 'Hell Gate. And further, from the first day of No- vember to the 'first day of April in every year, every such Hell Gate pilot shall be entitled to demand and receive for every ship, barque or brig the sum of two dollars, and for every schooner or sloop the sum of one dollar, in addition to the rates of com- pensation for pilotage hereby established. But no pilotage shall issi.ch. 49a. be charged to any vessel under a coastwise license unless such vessel actually employs a pilot. And every master or commander of any vessel who shall give to such Hell Gate pilot an untrue account of the draught of water or tonnage of his vessel shall forfeit and pay the sum of twenty-five dollars, to be sued for ami recovered by the said board of wardens. §2130. A person other than a lawfully authorized branch mi. en. 6r and for the hoard ol i-ii.,m<,r.i.- P , > . » - • it . , ,. tie* who BU6 wardens, on complaint* thereof made to them, to ;t[»]»<»mt a tunc imv, - r. . ■.. »n. 11 j* i • « * ri. »ni • or impended, and place ol hearing, whereof fifteen days notice shall be given to such pilot, and on due proof being made to tin- said hoard of wardens, to their sat isfaet ion. of misbehavior of such pilot, to fine such pilot therefor in any sum not exceeding twenty five dollars, or to suspend him for any term which the said hoard may think proper: Provided always, that nothing herein con- Ppovl *< 1 tained shall he so construed as to prevent the owner or consignee of such vessel, or any other person or persons, from recovering his or their damages, if any, by occasion of such misbehavior of such pilot in any court having cognizance of the same. §2130. If any pilot shall negligently or carelessly lose any i8i9.cn. is. |ia vessel under his care, and he thereof convicted by due course of iCni^m-nt > 213S. The wardens, or either of them, or any other person E^but-jitota not being a branch pilot, shall not be concerned, directly or in- totbeboS«^ directly, in any pilot boat or with any pilot in respect to the business of his trust. §2139. The said board of wardens shall furnish every pilot m.§ir aforesaid with printed instructions, to be shown by such pilot to i£oXitasi the master or commander of every vessel as soon as he shall go on % n e V? b £ il0U board to take charge of such vessel to pilot her into the said port, and de P u,ies under the penalty of ten dollars for each and every neglect or refusal. §2140. In case the owner or consignee of any strip or vessel !>• *-" shall not he satisfied with the amount of pilotage charged against puou^wV such ship or vessel by the branch, for the pilotage of such ship wardens in or vessel to or from the port of New York, it shall be the duty caseof ta,mte ' of such pilot to have the amount of pilotage claimed by him as aforesaid taxed or certified by the hoard of wardens, who are hereby required to examine and certify the same, without fee or reward; and no suit or action shall be brought or maintained for such pilotage until the same shall be taxed or certified as afore- said. 712 FINKS RECOVERED BY PORT WARDENS. Id. |80 Penalty for Intoxication. Id. $«. Fines, etc. how to be applied. § 2141. In order to prevent intoxication in persons having the charge of ships and vessels, as pilots, if any branch pilot shall become intoxicated in charge of any ship or vessel, as pilot, he shall, for the tirst offi nse, forfeit bis pilotage, he suspended from duty for six months, and in addition thereto forfeit and pay fifty dollars to tlietllistees of the Pilots" Charitable Society; and for the second offense be deprived of his license, and he for- ever thereafter incapable of acting as a pilot: Provided always, that the penalties aforesaid, or any other forfeitures or penalties incurred hy virtue of this title, or hy the rules and regulations of the wardens, made in conformity with this title, shall not he in- flicted until such pilot shall tirst have been summoned. § -l\\->. All forfeitures, fines and penalties which shall or may be recovered and received hy the said hoard of Wardens under and hy virtue of this title, and not otherwise appropriated, shall he applied, in the first instance, for, in or towards the payment of such costs of suit and dishursements of the said hoard of war- dens in their prosecutions and proceedings, under this title, against offenders, as shall not he received by them from the party or parties so prosecuted or proceeded against; and the overplus and residue thereof, if any overplus there should he, shall he ac- counted for and paid over, on the first Monday of June, in each and every year, to the Pilots' Charitable Fund, in the city of New York, for the use and henefit of that association. CHAPTEB XXIX. EFFECT OF THIS ACT. njjul^VDt § 2143. Tins act shall not affect any offense committed or tuwact. right of removal accrued prior to the time when it takes effect, and all penalties and forfeitures incurred under any statute superseded or repealed hy this act prior to the time when it takes effect may be prosecuted and punished in the same man- ner and with the same effect as if this act had not been passed. Nor shall this act affect any right accrued or acquired prior to the time when it takes effect, nor create a vacancy in any office or employment. Sections one hundred and eighteen, ten hundred and seventy- four, ten hundred and seventy-six to ten hundred and eighty-five inclusive, ten hundred and eighty-seven, eleven hundred and ten, eleven hundred and eleven, eleven hundred and fourteen, eleven hundred and fifteen, eleven hundred and seventeen, eleven hundred and twenty-three, eleven hundred and twenty-five to eleven hundred and sixty-nine, eleven hundred and eighty-three to twelve hundred and three inclusive, twelve hundred and five, twelve hundred and eight to twelve hundred and forty-eight in- m elusive, twelve hundred and fifty to twelve hundred and seventy- four inclusive, twelve hundred and seventy-six, twelve hundred and seventy-seven, twelve hundred and eighty-four, twelve hun- HOW THIS ACT SHALL HK CONSTKl KI). 718 died and eighty-five, except subdivisions nine, eleven and twelve, twelve hundred and eighty-six, except subdivisions four and five, twelve hundred and eighty-seven, twelve hundred and eighty-iight, twelve hundred and ninety six, thirteen hundred and one, thirteen hundred and seven, thirteen hundred and wight, thirteen hundred and eleven to thirteen hundred and four- teen inclusive, thirteen hundred and sixteen to thirteen hundred and forty-six inclusive, thirteen hundred and forty-nine to thir- teen hundred and fifty-seven inclusive, thirteen hundred and fifty-eight to thirteen hundred and sixty inclusive, thirteen hun- dred and seventy-one, thirteen hundred and eighty-three, thir teen hundred and ninety-two to thirteen hundred and ninety- seven inclusive, fourteen hundred and five, 'fourteen hundred and twenty-one, fourteen hundred and twenty-four, fourteen hun- dred and thirty-eight, fourteen hundred and sixty-two, fourteen hundred and ninety-four, fourteen hundred and ninety-five to fifteen hundred and two inclusive, fifteen hundred and seven, fifteen hundred and twelve, fifteen hundred and fourteen to fif- teen hundred and seventeen inclusive, the last clause of section fifteen hundred and eighteen, sections fifteen hundred and twenty- six to fifteen hundred and twenty-nine inclusive, fifteen hundred and sixty nine to fifteen hundred and seventy-two in- clusive,' fifteen hundred and seventy-six to fifteen hundred and eighty-two inclusive, fifteen hundred and ninety-three, sixteen hundred and fifty-two to sixteen hundred and ninety-eight in- clusive, seventeen hundred and fifteen, seventeen hundred and sixty-five and seventeen hundred and seventy-nine of this act being intended only to contain the substance of certain sec- tions of the code of civil procedure or of the code of criminal procedure, or of amendments thereof, shall not be construed as making any new enactment, or as repealing, modi- fying, amending or superseding any provision of either of said codes, or any amendments thereof , but shall be treated and considered as embraced in this act solely in order that it may contain all provisions of existing laws which are of special appli- cation in the city of New York. Sections thirteen bundl ed and seventy-one to thirteen hundred and seventy-six inclusive, fif- teen hundred and thirty-nine, sixteen hundred and thirty-seven to sixteen hundred and fifty inclusive, shall in like manner be treated and considered as making no new enactment, but as em- braced in this act for the same reason. For the purpose of determining the effect of this act upon other Ske effect!' acts, except the penal code, and the effect of other acts, except the penal code, upon this act, this act is deemed to have been enacted on the first day of January, in the year eighteen hundred Til TIM K OF TAKING KFFKCT. and eighty-two; all acts passed after such date and the penal code are to have the same effect as if they were passed after this act. This act shall take effect on the first day of March, eighteen hundred and eighty-three. This act may he cited as the New York City Consolidation Act of Eighteen 'Hundred and Eighty-two. in i) i :x. A. Section. ABATEMENT OP NUISANCE: By suit 636-648 General powers as to 688 .1 ml »•<• HKALTH, DhTAKTMENT OK ABANDONMENT BONDS sued in district courts ■ 134s To be satisfactory to Commissioners of Charities 423 A BAN DONMENT OF FAMILY, how punished 1454 ABSTRACTS, WEEKLY, of work of departments 51 ACADEMY OF DESIGN, exempt from litxation ! 824 ACCIDENTS, prevention of 388 ACCOUNTS OF THE CORPORATION: Forms of keeping and rendering 123 Subject to inspection by officers of finaucc department 123 Adjustment and settlement of 123 Bureau for audit and settlement of 136 ACCOUNTS. COMMISSIONERS OF: See COMMISSIONERS OF ACCOUNTS. ACCOUNTS OF CITY TREASURER: .sve CHAMBERXiAIN. ACCOUNTABILITY of officers 95 ACIDS, storage of 456, 401 ACKNOWLEDGEMENTS, justices of district courts may take 1391 ACTIONS AGAINST CITY: What courts have jurisdiction of . . 110:! What necessary to maintain 1104 Costs in ♦ f 1104 On what persons summons and process served ' 1080. 110"> Not to be maintained unless claim first presented to comptroller 1104 None to be maintained for advertising except us authorized G6 ACTIONS FOR PENALTIES: For violations of laws or ordinance-, in what name to be brought 216. 515, G16. 617, 622 To be conducted by whom 216, 431. 616, 589, 617 ADMINISTRATION, letters of, to public administrator 2:'>0 ADMIN I STRATOR, PUBLIC : See PUBLIC ADMINISTRATOR A DM I N I ST IIATOR. T E M PO R AR Y : To deposit money 1200 Penalty for failure to deposit 1201 ADVERTISING FOR CORPORATION: To be done at public expense only in City Record 66 Brief advertisements may be inserted in certain m-wspapcrs 66 Newspapers, number and selection of 60 716 INDEX. Eh i tioit. A.LDERMEN, BOARD OF: [legislative power vested in 29 Xumber an«l election of niciuberi 29 Term of office of members 29 Vacancies in. how tilled 29 Aldermen to be residents of districts 29 Election of temporary chairman 38 Salaries 52 Bribery of members of 58 Districts elected in 29 Magistrate, aldermen not to sit as 71, 1 49;j Quorum 70 Certain officers entitled to seats at meetings 70 Election of president 71 Appointment of clerk and officers 71 To determine rules of procedure 71 To pass upon election and qualification of members 71 To sit with open doors 71 Forfeiture of rights by members, on expulsion from 72 Ordinances and resolutions of 74 75 .!» Pass ordinances as to anchorage in track of ferries 86 Ordinances of, to be codified and published 99 To cause records of criminal business to be made 98 To designate buildings for jails : 90 To assign place- for holding criminal courts 91, 1306 To assign places for holding district courts 92 To appoint physician to county jail 93 Arrange with Queens County 82 To pass upon provisional estimates 189 To pass upon nomination of excise commissioners 109 May close street opened without their consent *. 94 To provide for accountability of and security from officers 95 Appointment of commissioners of deeds by 100 Are trustees of city and county 101 Violations of law by members 102 Individually liable in certain cases 102 Consent of, to appointments by mayor 106 Repavement of streets, when to be directed by - 321 Taxes, provisions in reference to. levying by 212-214 What to include iu tax levy 830 Special meeting of, to receive assessment rolls 828 Duties of as to tax-rolls 829-833 Penalty for neglect of duty as to tax rolls 834 To rill vacancy in office of surrogate 1180 To authorize surrogate to appoint clerks 1191 Fix salaries of clerks appointed by surrogate 1191 May require security from clerk of superior court 1170 When to appoint person to examine guardian's accounts 1203 To require security from surrogate's assistants 1204 To provide rooms for commissioner of jurors 1666 Account of commissioner of jurors transmitted to 1691 Work and supplies furnished by what vote 64 Salaries of certain officers, may fix 97 Certain legislation relative to sinking fund, prohibited 179 Assign office to clerk of common pleas 1170 Assign office to receiver of taxes 838 Power to designate buildings, as city hall 1073 as common jail 90 Approve stage routes 1948 [NDEX. 717 Section. ALDERMEN, BOARD OF {eoniimud)'. When grant utitliority 1<> run stages •, ....... 10-17 Proceedings of, published wo May direct deepening of slips 781 Regulate fees charged for searches by clerk of arrenrH 86, 953 Report of chamberlain to 104 Report of commissioners of accounts to 164 (trades, powers of, as to establishing and altering 1962 President of, election of 71 when to act as mayor 32 member of hoard of estimate and apportionment 181) member of hoard of street openings 955 duties of, when performed by temporary chairman 33 salary of 52 duty of, as to tax-rolls 831 Clerk of, appointment of 71 duties of .70-80 to keep election returns unopened 190O certain public records to lie deposited with 78 ( lhairman of finance committee of, one of commissioners of --inking fund 170 ALDERMEN A T LARGE Number to be elected - 39 How to he voted for 29 ALIENS : Duty on 109, '204:; ALTERATION OF BUILDINGS: s.-. duildlnos AMERICAN FEMALE GUARDIAN SOCIETY : see FEMALE GUARDIAN SOCIETY. AMERICAN MUSEUM OF NATURAL HISTORY: See MUSEUM OK NATURAL HISTORY. AMUSEMENT, certain places of. .suppressed 285 And tee THEATRES AND PLACES OF AMUSEMENT. ANCHORS : Not to be dragged over pier 783 ANIMALS : Allowing upon sidewalks, how punished 1449 ANIMALS (DEAD):- Removal of • 507 Not thrown into harbor 749 Transported only by steam 752 Boats carrying, permit for 750 to be propelled by steam 752 penalty for violation 753 ANNEXED DISTRICT, bonds of 13S Andxee TWENTY-THIRD AND TWENTY-FOURTH WARDS. ANN1 AL APPROPRIATIONS 9M ESTIMATE AND APPORTIONMENT. BOARD c >l ANNUAL ESTIMATE : See ESTIMATE AND APPORTION M ENT, BOARD < >I\ APOTHECARIES : See PHARMACISTS. APPEARANCE, in district court 1294, 129s APPEAL : From order of removal of actions 1134 From district courts 1438, 1439 To general term in marine court 1260, 1267 From general term, marine court 1209-1271 From surrogate : 1198 To common pleas from marine court 1209-1271 Judgment on 1272 To court of appeals in marine court cause 1279 To State superintendent of public instruction 1027 718 INDEX. Section. APPEAL iroi,tiu»,il): By board bt health, security in 1091 From special sessions 1 593 APPLICANT'S for appointment in police department, names of, published.. IW APPOINTMENT Of commissioners and heads of departments 106 Certificates of 58 No compensation to Ik: paid for 59 Names of applicants for. in police department, published 268 To he published in "City Record" 51 Of subordinates by heads of departments 48 APPRENTICES : Commitment of. . .' 1500 APPORTIONMENT, HOARD OP : Sec EST I MA TK AND AITOKTIONMKNT lit >A)tI> OK. APPROPRIATIONS : Transfer of 204 Transfer of unexpended balances of 207 Surplus of, how applied 207 No expenses incurred without 46 Not to be exceeded 46. 47 Of excise moneys 210 ARBITRATION, COURT OF 1780 Procedure in 1798 Award in 1799 Judgment on award lboi, 1802 Execution in 1802 Rehearing 1798, 1800 Arbitrator appointed by governor 1780 file oath 1780 Seal 1786 May issue commissions 1798 Costs in 1803 False swearing in 1804 No action on controversy after submission to 1805 Jurisdiction of, limited 1806 Forms and rules of proceedings in 1781 Term of arbitrator 1780 Mutilating, etc.. records of 1785 Removal of arbitrator 1780 Arbitrator may administer oaths ' 1781 take acknowledgments 1781 make rules 1781 Clerks' duties ■. 1785 term 1784 when may appoint assistant* 1784 How awartl enforced 1802 Expenses of court-house by chamber of commerce 1782, 1783 Arbitrator to interpret contracts 1787 Submission to arbitration 1788 Jurisdiction of, over members of chamber of commerce 1790-1792 Additional arbitrator 1793-1797 ARMED PERSONS, when guilty of misdemeanor 1445 ARMORIES AND DRILL ROOMS : Lease of, appropriations for 194 (sub. 6) ARMORY, FOR SEVENTH REGIMENT : Appropriations for fund of 194 (sub. 5» ARREARS : Clerk of, list of unpaid taxes transmitted to 638 fees for searches by .*. . 952 may be regulated by ordinance 86 (sub. 38), 952 duty of, respecting sale of lands and tenements for unpaid taxes, etc.. 926 ,929 bill of arrears, etc.. to be furnished by 951 when bill given by, discharges lien 951 record of sales for taxes, etc., to be kept by 953 INDEX. "VJ Section. ARREARS {umtinutd): Clerk of. duly to procure and preserve proof of publication of DOtlOM 954 five certificate of redemption 949 advertise sides for taxes, etc 926 conduct sales for tuxes, etc 929 bid in for city 931 assign purchases made for city 981 give, notice to mortgagees, lessees, etc 930 give notice to redeem 941 give bills of arrears of taxes, water rents, and assessments 1)51 Hureau for collection of 125 record of confirmed assessments kepi in 915 Of water rents reported by commissioner of public works 921 Of taxes and water rates charged bureau of arrears 921 Of taxes or water rents added to tax-rolls 923-925 Assessments added to 924 ARREST: In district courts 1301. 1305 Duty of marshal in cases of 130s. 1310, 1315 In marine court 1251-1253 On execution, in actions by female employees 1086 Under game laws. . . .'. 1306 Willful neglect in making, a misdemeanor 880 "Without warrant 278 Reports of 279 Orders of, by court of record, issued only to sheriff 1717 Of disorderly persons 1461 To whom certain warrants for. directed 1494 ARSON OR INCENDIARISM: Investigation into cases of 460 proceedings in 466 Arrest of persons suspected of 468 ART: Gallery of, in Central Park, annual appropriation for L94(sub7) establishment and maintenance of 693 Metropolitan museum of, contract with, by department of parks 697 ASHES: Removal of 704, 708, 710 Contract for sale of 709 In streets 1936 Not to be thrown into harbor 746, 749, 780 Scows for, to be stationed 747 ASSAULT AND BATTERY: "When complainant may be ordered to pay coits 1540 w hen to pay fees 1566 ASSAY OFFICE: Ceded to United States 1633 Exempt from taxation 820 ASSESSMENTS: Bureau for collection of, and of arrears of 125 On city, how provided for 139 For local improvements, to be paid over to commissioners of sipkinir fund 178, 184 Moneys in treasury, received from, paid into sinking fund for redemp- tion of debt. ." 173 also, moneys to be received r 173 For deepening slips 883 Revision and correction of 820, 822 Confirmation of advertised 9 6. 997 Vacating and modifying, provisions as to 897, 914 No action to vacate 897 Certain, vacated for fraud or substantial error 898. 902 Reduced for irregularity 898, 902 What irregularities not ground for vacating 899, 902 All property benefited liable to 899, 902 Irregularity in sale, no ground for vacating 899. 902 720 INDEX. ASSESSMENTS {continued) Order vacating, now entered 900 902 How cancelled 900, 90S Several, embraced in one application t<> vacate 901, 902 Certain, not to lie vacated, but reduced 903 Not reduced below proportionate value 9o:i Proceedings to vacate or reduce, to be brought within a year of confir- mation 904 Commission to vacate or modify 907-913 Powers and duties of connnission 907-909 When lien of, not affected .". 913 When a preferred lien 91.", When payable in installments 920 When party paying, may collect of others 878, 883 Effect of, Upon landlords and tenants 878 Deficiencies in, how met 149, ISO When lands sold for, taken possession of by city 935 Sales for. 8m sales. Fees of collector of, to be regulated by ordinance SO (sub. 38; Interest on 918 Within what time confirmed or referred back 867 How made by assessors 80S Assessors to give notice of completion of 871 For repaving Streets 321, 875 For sewers 872, 878 Tor change of grades 873, 87G For change of grades in Twenlv third and Twcnt v-fourlh Wards 874 For paving " 87.1, 878 For change of grade, how collected . . . 876 For relaying pavements 877 For drains and vaults 878 For filling lots 878 For fencing lots 878 For drains, vault-, tilling and fencing, how collected sTS For new street, between Tenth avenue and Avenue St. Nicholas 879 For Spuvten Duvvill improvement 880 Ahd *■<■ 8PUYTEX DUYVILL IMPROVEMENT • For removal of reservoir 896 For deepening slips 882 For cisterns or pumps 884 Record of confirmed, to be kept 885 For Morningside avenue, when board for revision and correction of, to act on 906 How vacated or modified 907 And nee STREETS, etc. ASSESSMENTS, BOARD OF REVISION AND CORRECTION OF 867 Quorum of, what is 46 Powers and duties of 867 as to Morningside avenue 900 ASSESSMENT BONDS: When to be issued and for what purpose 144 To be issued for awards of assessment commission 150. 912 ASSESSMENT COMMISSION: Powers and duties of 907-913 What assessments within jurisdiction of 907 to what extent corrected or reduced 908, 911 Majority a quorum 90S Witnesses compelled to attend...'. 90S Production of books compelled 908 Who are commissioners 910 Appoint clerks and stenographer 910 How notice given of meetings 910 Record of proceedings kept 910 Establish rules for procedure 910 When powers expire 910 How time extended. . 910 What relief maybe awarded » 911 Certificate stating relief to be filed 911. INDEX. T'Jl Sec-lion. ASSESSMENT COMMISSION {cantinuett) Relief where assessment paid 012 Bonds to be Issued for awards by IW, u 1 2 ASSESSORS: Appointment of 805 Duties of 8(15, 800 Common council provide rooms, etc., for 800 Mow assessments made by 808 Not to be enjoined 80S How describe houses uud lots 809 use ward numbers 809 (iive names of owners and occupants 809 To assess to only half value 870 (Jive notice of completion of assessment 871 Form of notice 871 To consider objections 871 Present assessment and objections to board of revision 871 To assess for sewers 872 for change of grades 873, 874 when, for paving 875 for relaying pavements 877 To assess deficiency in street opening 994 ASSISTANT DISTRICT ATTORNEYS: Number of 1008 Salaries of 1503 ASSOCIATIONS: When deemed resident 1127 Service upon 1127 ASSOCIATION FOR BEFRIENDING CHILDREN AND YOUNG GIRLS, annual appropriation to 194 ASSOCIATION FOR BENEFIT of Colored Orphans,- schools of 10GC ASTOR LIBRARY x 824 ASTRONOMICAL OBSERYATORY 093 ASYLUM, INEBRIATE: Power to commit to 1098 Who may commit to 1098 Procedure on committal 1099-1101 Discharge from 1102 To report to board of health 570 ATTACHMENT: Against property in marine court 1248 In district courts 1310 Warrants of, issued out of courts of record, only to sheriff 1717 ATTENDANTS : On courts, how appointed 1113, 1153 Of marine court 1229, 1231 Iu police courts 1540 Of special sessions 1570 Of supreme court 1113 Of over and terminer 1113 Salaries of 1113 Of common pleas, salaries of 1171 Of supreme court, salaries of 1177 In district courts 1432 ATTORNEY: No one to practice as, unless admitted .• 1077 penalty for violation 1078 Not to be bail 1490 In police courts 1556 Assigned to departments 215 Corporation, chief officer of bureau 216 monthlv statements bv 216 A »dtre CORPORATION" ATTORNEY. 722 INDEX. Section. ATTORNEY (eoutii ued) For collection of personal tuxes appointed by corporation counsel 21.% bond of 248 salary 52 duties of 800 report cases dismissed by court 861 keep books 862 deliver books and papers to successor 862 To lire department, duties of 431, 516 appointment and removal of 432 salary 52 to act in proccedings_for removal of unsafe buildings 511, 515 costs of, in such proceedings 515J To board of health, appointment and salary of 5*1) AUCTIONS AM) AUCTIONEERS: Auctioneers, security to be given by lfl83 notice of sales, to be given by 11)84, 198? to make returns to port wardens 1984 tax to be paid by 1989, 1990 powers of police over 283 bond of, filed with county clerk 19nc duties of, respecting sales under port wardens 1981 licenses, how obtained 118, 198.">,1986 when revoked and forfeited 1986, 1994, 199? charges against, examined by the mayor 118, 1994 may be committed by mayor for trial 1991 bond of, when forfeited 1994 false statements by, a misdemeanor 1992 certain fees paid port wardens 1984 persons defrauded by, remedy of 1993 judicial sales by, fees for , 1995 fees of, uot to lie divided with certain persons 1990 Auctions, sales at, by w hom made 1983 sales, how advertised 198?, 19K8 sales, when to be made 1991 sales of damaged goods 1983. 1984 public property to be sold at 6'i AUDIT: Bureau of 125 Chief officer of 125 AUDITOR OF ACCOUNTS, chief of bureau 125 IB. BAGGAGE OF EMIGRANTS: Ste EMIGRANTS. BALL: Who cannot be 1489 When notice of application for, to be given to district attorney 148? Taken by other than committing magistrate 148? What magistrates may take 1485 When police justice may take 1480 When changed * 1488 No fees in 1491 By Superior Court or Common Picas 115G, 115? Commitment for 1495 BALANCES: Unexpended, transfer of 20? weekly statement of, by Comptroller 123 INDEX. 72.°. Section. BALLAST LIGHTERS: To bo licensed 765 Fees for license 700 Penalty for violations 766, 7IK« hanks of DEPOSIT OF THE CORPORATION How designated • 10.*i Shall make weekly statements to comptroller 164 Limitation to deposit 164 Moneys deposited, how disposed of 104 Interest on daily balances I'm BARGE OFFICE AT BATTERY: Exemption from taxes ; 886 Ceded to United States 103". BARGES: North River, portion of harbor set apart for 789-790 additional harbor accomodation for 804, 805 I'scd in transporting farm and garden produce, pier set apart for 797 BASTARDY, commitment in case.-, of I \'.)* Appeals, costs In. 102 Bondfl sued in district courts 1 34S By whom sued 422. 1502 BATHS: Set FLl >ATIN<; BATHS. BATTERY, land at, for barge office, ceded 163:: BATTERY PLACE, power of department of parks over 069 BAY, jurisdiction over 1441 BEDLOW'S ISLAND ceded 1633 BEGGARS: Children as "1408 When vagrants 1404 Ordinances may be passed in relation to 80 (sub. 11) BELLEVUE HOSPITAL, admission of non residents to 37 BENEVOLENT SOCIETY, HEBREW: .s.v HEBREW BENEVOLENT SOCIETY. BENZINE, storage of 457 BENZOLE, storage of 457 BIBLE, use of, in public schools 1062 BIDS: For work aud supplies .... 64 Sealed, for contracts 64 To be publicly opened 64 BILLS OF EXCHANGE, during epidemic 2020-2031 BIRDS: Song birds, etc., when not to be killed 2025 exceptions 2025 Application of the law relative to 2025 Penalties for violating law relative to 2025 how distributed 2025 BIRTHS: Record of, kept by board of health 606, 607 Registry of, kept by physicians and midwives 603 penalty for omission 605 Record of, to be kept by register of records 534 Report of, by relatives or friends 603 penalty for omission 605 BLACK WELLS ISLAND, water for 866 BLIND: Annual appropriation for adult 194 how distributed 418 statistics of. acts relating to 419 721 INDEX. Boot ion. BLIND, INSTIUTION FOR Clothing provided for pupils of 191 HOARDS: Majority of members of, a quorum 46 May perforin any act authorized 4'i May choose president, treasurer and secretary 46 Xo expense incurred by, unless an appropriation for 46, 47 HOARD OF 1H IJI.IC ( RARITIES AND CORRECTION: See CHARITIES AND correction. DEPARTMENT OF HOARD OF DOCKS : >•« DOCKS, D E p a rt M K N T OF. BOARD OF EDUCATION .See EDUCATION. HOARD "I SCHOOLS. BOARD OF ESTIMATE AND APPORTIONMENT: See ESTIMATE AND APPORTIONMENT. HOARD OK BOARD OF FIRE COMMISSIONERS See KIKE DEPARTMENT BOARD OF HEALTH: .Vre HEALTH. DEPARTMENT Of. BOARD TO DRAW JURIES 1638 HOARD OF ENFORCEMENT OF JURY FINES See JURY FINE< BOARD FOR LIGHTING STREETS: CJ* HOARD OF I COMMISSIONERS OF PILOTS: See pilots HOARD OF POLICE: POLICE. DEPARTMEMT OK. HOARD OF POLICE JUSTICES: See POLICE .IISTICKS HOARD OF PARES: V.. PARKS. DEPARTMENT <•! HOARD OF PRINTING AND STATIONERY: Of what officers composed 68 Powers and duties of 66, 68 HOARD FOR THE REVISION AND CORRECTION OF ASSESSMENTS: Offiecrs constituting 867 Quorum of 4tt SAILORS. BOILERS, STEAM, inspection of 810-313 BONDED DEBT, ol corporation inoy be colled in and redeemed 170 BOND: Of chamberlain 163 Of public administrator 811 ( )f marshals. Stt MARSHALS Of clerks appointed I »\ police justices. Am POLICE JUSTICES. Of receiver of taxes , 835, 830 Of sheriff 1714 Taken in proceedings to collect tax 807, 858 BONDS: Denominations of, when issued in exchange 136 To be paid from sinking fund 177 Assessment, to be issued ■ 144 Revenue, to pay quota of State tax 168 For Morningside park improvements 152 For paving streets and oilier improvements » 14-1 For assessments north of One Hundred and Fifty-fifth street 145 Proposals for 140 For expenses in relaying pavements 147 For claims and judgments 148 For Brooklyn Bridge 151 For repair of Brooklyn Bridge 198 For awards by commissioners to correct assessments 150 For expenses on account of unsafe buildings l.-,s To pay for right of Way, etc.. for drains 142 Of annexed district 138 Dock, how and when issued.- 148 And »M CONSOLIDATED STOCK • ■ : ASSESSMENT BONDS. BONE-BOILING establishments, unlawful to carry on 540 BOOKS, papers, etc.. when copies of. to be furnished 50 When open to inspection 50 BOOTHS, not to be erected within 850 feet of polling places 280 BOTANICAL AND ZOOLOGICAL GARDEN: Establishment and maintenance of 694 Admission to 695 BOULEVARDS: Steam railways on, forbidden 194".' Power of department of public works in respect to 319 BOULEVARD, BOUTHERN, vehicles upon 1934. 1935 BOUNDARIES: Of city and county 1 Of wards : 2-25 BREACH OF PEACE, behavior to provoke 1458 BRIBERY OF CITY OFFICER, how punished 58 BRICK BOATS, wharfage on 800 BRIDGE OVER HAST BIYER: sv. BROOKLYN BRIDGE. BRIDGES: Over Harlem river 675, 676 Over Bronx river, annual appropriation for 194 (sub. 13) Plan* for. in Twenty-third and Twenty -fourth Wards 957 720 INDEX. Section. BROAD STREET, elevated railways forbidden in 1944 BROADWA V: Portion of under control of department ol parka 687 South of Murray street, no elevated railroad in 1944 South of Fifty ninth street, no railroad in 1946 BRONX RIVER, bridges over, annual appropriation for 194 (nub. 13) BROOKLYN BRIDGE: To he a public highway 1978 Trustees, powers of 1978-1980 to make repairs 1975 appoint police 1981 lo change certain streets 1362 lix tolls 1980 make regulations 1979 Jurisdiction over : 1981 Injury to 1982 Bonds to be issued for 151 Limit of amount to be expended for 151 Payment of expenses of repairs to 198 BUILDINGS: Construction, alteration and repair of, provision! ol lav. respecting 171-506 plans for, to be submitted 508 must be approved before work proceeds 503 mode of, and material used in, may be passed upon by inspector of buildings 503 deviation from requirements of law, when and how permitted 503 board of examiners to pass upon applications for 503 members, officers and compensation of board 503 penalties for violations of provisions respecting 504 proceedings to enforce 505, 50G remission of 505 injunction to restrain work in violation of requirements of law. . . . 506 notices of violations 507 punishment of non-compliance with notice 508 north of One Hundred and Fortieth strict 500 drainage and plumbing of buildings 501 I'ns.ife buildings. how secured or removed 509-512 survey of 510 report of survey 510 proceedings on report 511 expenses of executing precept on report, etc., how paid 158, 511 parties may themselves perform requirements of precept 512 expenses a lien on premises 513 lien how enforced 513 proceedings against, to lie conducted by attorney to fire department . 515 to be reported monthly to board of tire underwriters 517 May be entered by officers acting under provisions as to construction of buildings and unsafe buildings 516 Public buildings, aisles of. not to be obstructed 502 halls, doors, stairways, etc., constructed so as to afford ample egress. 502 Fire-alarms, in what buildings placed 499 Hoistways, protection of 487 Fire-escapes, on what buildings placed 499 Fire-proof shutters and doors, on what buildings placed 487 Excavations, protection of walls adjoining 474 Copy of permit for erection of, furnished commissioners of taxes 823 Destruction of, to prevent spread of fire 448, 450 damages therefor 450 May be examined by fire authorities for combustible materials 463 BUILDINGS, BUREAU OF INSPECTION OF: General duties of 427 Principal officer of k 427 Officers and employees of. removal of 441 qualifications of 514 Offices in, abolishment of : 441 Officers of, to perform duties prescribed by fire commissioners 516 to have right to enter buildings 516 INDI A . Tl'7 Section. HI ILD1NGS, INSI'Lt TOR OP: Principal ofBcer of bureau In Plrc Department 427 Duties of 427 Power <>f, in rasped to construction, alteration and repairs of build ings 504 Member of board of examiners in reaped to deviations from building laws BM Name of, to be affixed to notices of violations of building laws 507 To take proceedings in case of non compliance xvitli notice 508 To act in surveys of unsafe buildings BIO BUILDINGS FOB FIRE DEPARTMENT Construction of : 343 Location of, on public property B48, 899 BUILDINGS, STABLES, VESSELS, etc., rigid of firemen to enter 4(53. 516 BULKHEAD AND PIER LINES: Alterations of 730 Not built beyond., 731, 732 Kept clear 77.5-777 Ami w. 1'IERS. BL'OYS, vessels not to be moored to 756 BUREAUS: Consolidation and change of duties ,,f 48 cousent of board of estimate and apportionment required 4s Heads of, removal of ; 48 BUREAU OF ARREARS: - ARREARS. BUREAUS in department of ch arities and correction 337 .In./**- CHARITIES AND CORRECTION. DEPARTMENT OK. BUREAUS in finance department 125 And me FINANCE DEPARTMENT. BUREAUS iii department of public works 317 net PUBLIC WORKS. DEPARTMENT OP. BUREAUS in tiie department * 127 And ft FIRE DEPARTMENT. BUREAUS in department of health 534 Ami let HEALTH. DEPARTMENT OF BUREAUS in law department 216 And we LAW DEPARTMENT. BURGLARY, persons found with implements for 1445 BURIAL, ordered by board of health 5G8 BURNING CHIMNEYS and flues, penalty on owners of 452 BURNING FLUID, storage of ". 457 BUSINESS detrimental to public health, how discontinued 540, 544 BUTCHERS, carrying on business of, without license to be prohibited. .86 (sub. 29) BUYING STOLEN PROPERTY, punishment for 1453 c. CALENDARS OF COURTS: publication of 1093 Place of passed causes upon 1082-1083 Expenses of publishing, provided for 194. 1094 CAMPIIENE, storage of 457 ( ANAL BOATS: Harbor master's fees 1755 Slips for 805, 786 Wharfage on 800 Portion of harbor set apart for 789-792 Additional barber accommodation for 804. 805 Clearance of, not granted until certain fees paid 806 728 INDEX. 9< ctiou. CANAL TOLLS, COLLECTOR OF. when not to grant clearances 800 CANVASS, to be published 1920 ■ KLK:TIONS. CANVASSERS, COUNTY, president of, to murk returns i960, I9ni And v . ELECT!" 1KB. CAPTAIN OF POBTi Set apart slips for canal boats 004, 805 Only to exhibit law 808 Duly of, as to canal boats 789-792 Penalty for refusing to obey 792 Keep piers,* wharves and bulkheads clear...". 775, 770 Duties as to leading and unloading vcwtcls T75, 770 Tb license ballast lighters 765 Fees for licenses 76(1 Powers of, not affected by dock department 72:; CARRIAGES, WAGONS, clc. : To take right side of the road 19JJ3 Penalty ." 193:$ CARTMEN, powers of police over 283 CARTRIDGES, manufacture and storage of 456 CASES passed on calendar 1082. 1083 CASTLE G ARDEN, lease of, to be renewed from year to year 182 CATHARINE STREET FERRY, regulation of ! 190:; CATHOLIC PROTECTORY: Annual a p propriation to (M Exempt from taxes 824 CATTLE: Driving through streets. 613, 1449 Driving on sidewalks, how punished 1449 CENTRAL PARK, annual appropriation for observatory, museums, etc., En. 194 .ImJ »<•<■ IWKKS. DEPARMTENT OF. CERTIFICATE of appointment to office SB CERTIORARI: discharge of criminals from Society for Reformation of Juvenile Delin- quents under, limited. v 1001 . To review decision of tax commissioners 821, 1118 CESSIONS OF JURISDICTION to United States 1633 CHAMBER OF COMMERCE, arbitration in • - ARBITRATION". < ( »< RT <>| To pay expenses oT court of arbitration 1782-1784 I 11 AMIS EK I. A IN: Chief officer of bureau for reception and payment of moneys of corpor- ation 125 Appointment of 163 Not removable by head of department 42 Term of office. . ." 163 Powers and duties of 164 Warrants to be drawn on 123 Compensation of. as chamberlain and county treasurer 165 Fees to which entitled 168 Interest, fees, commissions, etc., received by. how disposed of 165 May appoint deputy chamberlain and clerks 165 Salaries of subordinates and expenses of office, how paid 165 Contents of weekly report of. to mayor and comptroller 165 Books kept by, what to show ." 165 Bond to be given by : 163 action on : . 163 Report of, to common council, what to contain 164 Accounts of, when closed ; 164 to be examined by commissioners of accounts 164 Commissioner of the sinking fund 170 Member of board to select deposit banks 165 INDEX. 72!» Section. CHAMBERLAIN {eontinued): Notice to State comptroller of amount of taxes paid 160 Pay ni ifii duty t<> commissioner!) of emigration 169 Fees to be ptiid over to SO Proceeds of sales deposited with 02 To receive money paid into court 1065 Provisions of ('ode as to county treasurers applicable to 167 Bonds and mortgage to be taken to 1085 To receive State school moneys • ••" 1054 Receiver of taxes to make return and pay tuxes to 841 CHARITABLE 1 NST1TI TIONS : Annual appropriations for support of poor in 193 Appropriations of excise moneys to 1280 Commitment of children to 1(594, 1632 CHARITIES AND CORRECTION, Pl'BLIC, DEPARTMENT OF : Head of, to consist of a board of three persons 39 General powers and duties of 385 Property vested in 386 Rules and by laws for management of 407 ( 'ommissioners of, number and term of office of 80 salaries of 52 transfer of children to 1616 may transfer children to Shepherd's Fold 417 discharge of vagrants by 1564 Bureau of charities. duties of 387 Boreanbf correction, duties of ! 387 Institutions under charge of 385 exceptions ! 385 rales and by-laws for management of 407 buildings belonging to, may be enlarged or altered 408 new, may be erected 408 chief officer of, to make requisitions for articles used 403 to keep account of same 403 weekly reports of 404 City prison, persons committed to, for disorderly conduct, when discharged. . . . 398 persons committed to, when transferred from 398 Convicts, employment of, by contract i 399 punishment of, for refusing to work 399 to be kept separate from paupers 402 Hart's Island, control of commissioners of charities over. .*. 389 purposes for which the same may be used \ . 389 industrial school on, maintenance of 388 children committed to its care '. 388 Industrial school — Hart's Island. maintenance of 388 children committed to its care 388 Inebriate asylum, buildings for, erection and furnishing of 391 physicians and officers for 391 expenses for constructing and maintaining 392 tines for intoxication, etc., to be paid to 392 rules and regulations for government of 393 medical treatment for inmates 393 moral and sanitary discipline of inmates 393 transfer of persons in work-house or alms-house to 395 inebriates, by whom committed to, and terms 1098 proceedings before commitment 1099 when to be temporarily committed 1101 estate of, liable for support of 394 when discharged by court 1102 application for discharge of 1102 when discharged by commissoners 397 lusane, transferred to State Hospital 396 780 INDEX. CHARITIES AND ( ORREt TION. PI BLIO, DEPARTMENT OF (Mntimttf) prescribe how supported by relottrss 421 Paupers, employment of, under contract 399 punishment of, for refuting to work 399 hours of labor 400 account with, for labor per f o rm ed 401 settlement with, on expiration of sentence 401. to he kept separate from criminals 402 maj' be entailed 399 transfer of certain to work house 40.", Reception hospital, south of Canal street, established for the sick and wounded 390 Statistics of the poor, acts relating to, made applicable to department of charities, etc. ... 410 Vagrants, persons committed l>y magistrates as, how disposed of 412 when cured of sickness, how disposed of 413 committed as inebriates may be detained at labor 413 persons asking for commitment, how disposed of 412 not to be discharged before expiration of term, without consent of magistrate 414 Lunatic asylum. discharge from, to be on certificate of physician 41.) Work-house, persons detained in, and employed in 398 persons transferred and commuted to 398 persons confined in, bow employed 399 hoars of labor 400 persons committed to. for disorderly conduct, when discharged. . . . 398 certain paupers transferred to 405 accounts of. and credits for labor 401 paupers and criminals to be separated 402 Bellerue hospital. admission of non-residents to 41(5 Shepherd's Fold, transfer of children to 417 Blind persona, poor adults, relief of 418 Reports of board of, to secretary of State • • • • 419 Persons from other States, proof of settlement of 420 Supplies, requisitions for 403 Reports as to inmates of inst itutions. .. 404 Alms-house, employment of inmates 405 Nurseries, employment for children in 406 Potter's field. to be laid out. etc. 408 A p prentices, minors may be bound out as 409, 410 Prosecute bastardy bonds 422 Abandonment bonds 423 Alms-house department, and governors of, to be taken as meaning what 411 Institutions in charge of, who may be committed to 412 Water supply to institutions in charge of, on Blackwcll's Island, etc. . . 350 CHATTEL MORTGAGES, to be filed with register 1 To-'i CHEMICALS, storage of 416. 461 CHIEFS OF BUREAUS, appointment and removal of 4* CniEF OF DEPARTMENT : >.■< FIRE DEPAKMMEXT. CHIEF ENGINEER OP CROTON AQUEDUCT : Chief of bureau in department of public works 31 T May appoint assistant engineer 317 Qualifications of, and of assistant 317 CHIEF ENGINEER OF DOCKS, salary of 52 CHILDREN : Abandoned by parents, committed to alms-house 146:5 Admission of, to places of amusement 2009 Ages of those entitled to attend schools 1051 Bound out by commissoners of charities and correction 409, 1463 Commitment of. to incorporated institutions 1594-1634 INDEX. 731 Section. CHILDREN (eontin d Commitment of, to industrial "-clioo! 1188 In nurseries 400 01 prostitutes 140:: Commitment of, to Bociety for Reformation of JuTeailo Delinquents . 1004-1601 to American Female Qunrdioii Bociety 1800-1607 to New fork Juvenile Asylum ". IOOm-ioh; lo Home for Christian Cure 1017 to New York Catholic Protectory 1018-1024 to Hebrew Benevolent Society 1025 to Shepherd's Fold ." 1020 to New York Infant Asylum 1027 10:52 CHILDREN'S AID SOCIETY Annual payments to 194 Property of, exempt from taxation 824 To share in excise moneys 210 Schools of 100:; CHILDREN'S FOLD: Per capita allowance to t'H CHRISTIAN ASSOCIATION, YOUNO .MENS: >..• YOl'NCt MEN'S C'HRISTAIN ASS" >< I ATI< >N. (IIPIS II AN CAPE. HOME FOP : S SOME FOB C'HItlSTIAN « AKK CI1UPCHES, when exempt from taxation .^27 CINDERS, not to be thrown into harbor 740. 749 CIRCUITS, two or more to be held 1111 CIRCUS, license to 10!)*. 2000 And «v THEATRES. CISTERNS: When to he built by common council i 884 Assessment for 884 CITY OF NEW YORK Boundaries of 1. 2 Execution in Actions against ' 1100 Property of, sold, to be by auction 02 Actions' for penalties by. in district courts 1200 Actions against, what courts have jurisdiction of 1290 not maintainable till after demand 1104 district courts, no jurisdiction in 1286 No costs against, on forfeited recognizances 1482 Service of summons and process on 1080. 1105 Certain volumes of laws relating to. evidence 1107 Awi tee CORPORATION. CITY DEBT, cancellation of. held by sinking fund 170, 1207 Consolidation of 132 CITY AND COUNTY OF NEW FORK: Boundaries of 1 Collection, etc.. of accounts of, to be regulated by ordinance 80 Common council, trustees of property of 101 ( [ I V HALL: What is 1073 Office of clerk of common pleas to be in 1170 ( I I V BALL PARK: Land formerly in. jurisdiction of the United Stales over 10:]:: CITY JUDGE: • Election of 1521 Is a magistrate 1321 Powers of 1521 allow appeal from special sessions 1593 Has jurisdiction in summary proceedings 1521 Salary of 1521 Term of office 1521 Vacancy how tilled 1521 City to furnish office for 1522 May hold general sessions 1521 No'compensation beyond salary 1521 732 INDEX. Section. CITY LIBRARY ASSOCIATION, exempt from taxes H24 CITY FKIsoN Designation of 90 Transfers from, to workhouse 398 Commitment to Mir,. H!i*, 1409, 1500 CITY RECORD: Publication of 66 Supervisor of, and assistants, appointment of 60 salaries of 66 Powen ami duties of supervisor 08 Supervisor prepare and print registry of voters 07 Kxpenses of, except salaries, covered by contracts 00 ( 'onlract for, to be made as other contracts • . . 00 Number of copies to be furnished 00 distribution of oo Hound copy of, to be deposited in register's oltice by comptroller CO Ollicial matters to be inserted in, advertisements and notices required to be published. ? 06 list of subordinates, salaries, etc 68 hours, etc., during which public offlOM open for business 68 i detailed canvass of votes at elections 08 registry of voters 67 list Of registered plumbers 68 ollicial matters and reports ordered by mayor 68 changes in subordinates, and salaries of 51, 68 brief extract of proceedings, etc., of common council 80 messages of the mayor, to lie printed in full 80 reports of departments and officers to be printed in full 49, 80 ordinances, when reduced to a code 98 quarterly account of expenses and receipts of mayor's office 105 causes for appointment and removal of a deputy comptroller 124 Monthly report of corporation attorney 216 monthly report of public administrator 216 names, etc., of applicants for appointment in police department. . . . 268 hist property in hands of properly clerk 292 Satutary Code 575 notice of contracts, etc 64 proposed action of board of street openings, etc 955 quarterly report of commissioners of accounts 110 annual linancial statement of comptroller 126 provisional and final estimates 189 schedule of employees not in any department 203 appointments and removals from office 51 salaries, etc., of clerks in mayor's office 105 weekly abstracts from each department 51 CIVIL JlVriCKS. See DISTRICT OOUKTO. CLAIMS AOAIXSTTIIK ( ORPORATION To be presented to comptroller before suit 1 104 Person presenting may be sworn and examined 123 Effect of settlement of, by comptroller 123 Settlement and adjustment of 123 CLAM BOATS, wharfage on 799 CLERGYMEN; To keep registers of marriages 602 penalty for omission 605 CLERK OF ALDERMEN: * Appointment 71 Clerk of common council 76 To be clerk of board, acting as board of supervisors. 76 Duties of 76-80 To appoint deputies 79 duties and salaries of 79 To countersign bonds issued to pay for relaying pavements 147 A nd See ALDERMEN". BOARD OF. CLERK OF ARREARS: Set ARREARS ami SALES. index. 788 Suction. CLERKS OF MAVOI! 100 CLERK OF COURT hem which action \> removed, duty «.r U8s CLERK OK CO! I IT <>K A ItBITRATlON Sm akwtkath »n. COURT OF. CLERK OF COURT not to be referee, receiver or commissioner 107!» CLERK OF COMMON PLEAS, salary of, and of deputies and assistants. . . 1171 A ml *•<■ COMMON PLEAS C< (CRT OK CLERKS OK MARINE COl'RT. salaries of 1275 and «*e HARMS COURT, CLERKS OF DISTRICT COURT8 : Sat DISTRICT COURTS. CLERKS OF DEPARTMENTS, appointment and removal of 4h Duties of, to be fixed l>y bead of department 4s Salaries of, to be fixed l>v head of department • . . . 4S CLERKS OK SUPREME COURT, whal authorized 1112 CLERK OF SUPERIOR COURT: Security from 117. r > Appointment <>f 1 148 Deputies and assistants of 1117. Il ls .i mi ><••• si'i*Kiti< >r cncirr. CLERK OF OYER AND TERMINER and General Sessions to reside in city 1518 CLERK OF GENERAL session's: See SKSSK iNs. liKNKK VI.. CLERK OF SPECIAL SESSIONS: See SESSIONS, SPECIAL CLINTON UA.LL ASSOCIATION, exempt from taxation 884 CLOSING STREETS, etc. : See STREETS, ETC.. CI.OSINC OK. COASTING VESSELS, exemption from pilotage 2119 COLES' BRIDGE, obstructions at 1958 COLLECTOR OF CITY REVENUE, and Superintendent of Markets, eiiief officer of bureau 12-"> COLLECTOR OK ASSESSMENTS, mid Clerk of Arrears, chief officer of bureau 196 COLLECTION of Taxes. Bureau of 125 let TAXES. COLLEGE OK CITY OF NEW FORK: Trustees to certify sum needed 10.59 May grant diplomas 10G0 Education in, to be free 1060 • Trustees to make annual report 1061 contents of report , 1061 COLLODION, manufacture and storage of 45G CQLUMBIA COLLEGE, exempt from taxation 821 COMBUSTIBLES, BUREAU OF: See KIRK DEPARTMENT. COMBUSTIBLE AND EXPLOSIVE MATERIALS: Set KIRK DEPARTMENT. COMMISSIONS in district emits l:JGS COMMISSIONS, receivers, etc., clerks ; deputies, etc.. not to be appointed as. without consent of parties 1070 COMMISSIONERS OF ACCOUNTS Appointment of 1 1 ♦ » Salaries of 32. 110 Powers and duties of 111! Reports of. published 110 To examine chamberlain's accounts 164 To examine accounts, vouchers, and warrants 110, 164 Report of, to mayor and common council 164 what to contain : 164 734 INDEX. Section. ( IOM MlssloNEKs OF DEEDS: Number of 100 Terms of 100. I OMMISSIONEBS OF EMIGRATION: Sn EMIGRATION, 0O11HIS8IONEBS OF. COMMISSIONERS OF ESTIMATE AND ASSESSMENT Sc.r STREETS, ETC.. OPENIXO'OF. COMMISSIONERS For acquiring title tQ lands for water supply - 388-373 compensation of ., 879 examination of different claims l>y 878, 882 ( OMM1SSIONERS OF EXCISE: Sm EXCISE, BOABD I >F. ( IOM MISSION EH OF JURORS: *«• JURORS, COMMISSIONER OF. COMMISSIONERS OF LAND OFFICE: To convey land under water to city 730 Empowered to grant State lands for uses of water .supply 375 COMMISSIONEHS FOH LICENSING Sailors' Hotels and Hoarding-houses: Sre SAILORS. COMMISSIONEHS OF PILOTS: 8n pilots. ( OMMISSIONEH OF- PL RLIC WORKS: See PUBLIC WORKS. DEPARTMENT OF. COMMISSIONEHS OF SINKING FI ND: Sf SINKING FUND. ( OMMISSIONEH OF STREET CLEANING >Vr STREET CLEANING;. DEPARTMENT OF. COMMISSIONERS OF TAXES AND ASSESSMENTS: •Mr TAXES AND ASSESSMENTS. COMMITMENT OF CHILDREN 15U4-W32 Ami CHILDREN. COMMITMENT FOH VAGRANCY, by police Justices 1563 COMMITMENT FOH EXAMINATION OR BAIL 1405 COMMON COUNCIL: &M ALDERMEN. BOABD OF. COMMON PLEAS, COURT OF: A court of record 1123 Records and dockets of, how copied 1145 Existing jurisdiction continued 1162 May correct or discharge judgments on forfeited recognizances 1163 Number of judges of 1163 Chief judge, to be appointed 1123 Deputy clerks and assistants 1171 Appoint crier 1151 Power of, as to money paid into court .' 1161 I las jurisdiction of actions against the city .v 1103 Remove police justices and clerks 1557 rules for proceeding 1558 hearing on cllarges 1559 Appeal to, from marine court 1269 Appoint attendants for 1153 Vacancies in : 1124 Judges of, when to be elected 1124 Judges are magistrates 1123 To whom warrants issued, by directed 1494 Clerk of, to pay over fees 1152 salary of 1171 office of, to be assigned in city hall 1170 to report chauge of names. . . : 1167 Salaries of deputies and assistants of clerk 1171 Power* in foreclosure of lien on chattel 1159 Effect of decision of, in construction of statute 1160 Jurisdiction of action to discharge debtors 1164 Appoint trustees for prisoners 1165 iM)i:\. ?:}."> Section. COMMON PLEA8, ( 01 RT OF (continued); Jurisdiction to clUUlgB names : 1 166 Jurisdiction of supplementary proceedings 1168 When take recognizance ^ i iwt Proceedings In t<> assess damages for buildings pulled down by Arc dc paxtment 450 Surrogate pay order jury trial in 1196, I19N Transcript of judgment agmnst marshal filed in 1808 Jurisdiction over judgments on recognizances 1480 When vacate judgments on recognizances 1-183 Enforce payment of tax 857 Removal Of district court action to 1287 When act as surrogate 118:5. 1 184 order to act as , 1 184, 1 185 revocation of order to act as 1186, 1188 seal to be used l>v. in such cases 1187 how papers entitled in such cases . . . 1187 where papers filed in such cases 1187 transfer of cases to surrogate 1188 Judge designated to sit in supreme court 1110 powers of such judge 1110 When judge of, may hold general sessions , 1526 Judges of, appoint stenographers 1149, 1150 parties required to pay fees of 1149 salary of 1149 fees of 1150 appoint crier 1151 salary of 1151 appoint attendants 11515 habeas coVpus issued by 1155 bail taken by 1156, 1157 Certiorari issued by 1158 May order papers destroyed 1125 Jurisdiction of 1126 Jurisdiction of actions against several defendants 1128 Jurisdiction of, presumed 1129 need not be pleaded 1129 \V;U)t of jurisdiction waived, unless pleaded 1129 Extent of jurisdiction 1130 Enforce mandates as in supreme court 1130 Power of justices 1130 Removal of actions from, to supreme court, order of removal, and effect of 1132 when ami where made 1133 appeal from 1134 Jurisdiction of corporations 1127 Removal of actions to, from supreme court 1137 dutv of clerk on 1138 effect of 1139 When county judge may make orders in actions in 1140 Send mandate throughout State 1141 Judge of, fix terms 1142 General term held by two judges 1143 Special or trial term' held by one judge 1144 When* ffirmancc had " 1 143 When reargument had 1143 When books, records, etc., of, may be copied 1144 expense of such copying 1145 Clerks and deputies ♦ 1146 Powers of deputies + 1146 -1148 COMPLAINT in District Courts, service of 1301 ( OMPTROLLER: Head of finance department ' 37 . Term of office 37 Teim of office of successor of present 106 Salary 52 To bring together officers authorized to receive taxes, etc % 48 City officers to report amount of fees, etc., to ' 56 His general duties and powers : 123 To draw warrants on chamberlain 128 r Section COMPTROLLER (continued): False swearing before, perjury 123 May appoint deputy ". 1!>4 May designate deputy to perform duties of 124 To supervise auditing of accounts 125 (suh. 4) To publish annual statement 12(5 How may apply money accruing on sales for tuxes, etc 191 To sell indices 128 To regulate exchange and transfer of slock and bonds 183, 185 Duty of, as to bonds of annexed district 138 When may issue " city improvement stock" , 189 May create stock for parks, etc., on Fourth a\enue 140 To issue "additional C'roton water stock" 141 To issue bonds for rights of way, etc., for drains 142 To issue " dock bonds" 14H To submit estimates of taxes and receipts 212 To certify final estimate to board of aldermen 214 May execute undertakings in legal proceeding- 248 To invite proposals for bonds 144 To sign bonds for relaying pavements 147 To inform commissioners of sinking fund as to leases for corporation . . 181 To pay expenses on account of unsafe building- 158 to issue bonds to raise money therefor 158 Payments to, by police department 202 Member of hoard for contracting for lighting streets 09 board of -licet openings 955 board of commissioners of sinking fund 170 board of estimate and apportionment 189 board to select deposit banks v 165 board of revision of assessments 867 4 To issue bonds for Brooklyn bridge 151 To issue bonds for Morningside park improvements 152 To issue revenue bonds for State taxes 153 To issue bonds for claims and judgments .• 14* When to issue consolidated stock for improvements 149 To borrow sums necessary for appropriations. . , , 154 To issue bonds for proceedings to remove police commissioner 155 To issue bonds for corrected assessments «... 150 To issue bonds for assessments above One Hundred and Fifty-lift]] st. . 145 To create siock for si reels, tie., in Twenty-third and Twenty-fourth Wards..! 140 To pay expense of removal of reservoir 130, 159 approve sureties for street cleaning 131 issue revenue bonds for certain purposes 157, 158, 159, 160, 161 pay costs on hastardy appeals 162 To apportion taxes.' .' 841 To prepare estimate for tax levy 829 To apportion tax on redemption 942 To certify service of notice to redeem 946 May suspend or postpone sales ! " 928 Give lease of lands sold, though certificate lost 950 Declare oflice of receiver of taxes vacant 836 To adjust accounts of receiver and deputy 837 To verify returns of receiver of taxes 850 r Duty r to suspend receiver of taxes or deputy 851 Appoint temporary receiver of taxes 851, 852 To certify to assessors' expenses incurred 868 Assessments for Spuyteu Duyvil improvement paid to 890 to advertise notice to pay 890 issue warrant to collect. .• 890 to pay awards 892 to repay surplus *. 892 Record of. confirmed assessments kept in oflice of • •. . 885 Summons may be served oh 1080 When pay for copying records in county clerk's office 1733 Clerk of marine court account to 1226 ■Certain moneys deposited to joint credit of, and public administrator. . 240 drawn upon joint check of 240 register of. kept by 240 INDEX. 737 Section. comptroller oh' STATE, certificate of valuations transmitted to 832 Payments lor Stale lax reported to, liy chamberlain 100 To draw warrants for State tax on chamberlain 100 ( ONBOLtDATION OF CITY AND COUNTY: See CoRI'OKATK »\ CONSOLIDATION Of city debt J 32 Of bureaus 48 CONSOLIDATED STOCK : Of the city. what is, and how designated 182 certain stock or bonds may be exchanged for 182 faith of corporation pledged for 188 form of, bow signed and sealed 188 denominations and wlien redeemable 134-130 coupon convertible into registered 134 registered, bow transferable 184 when to be issued for improvement* 149 issued by direction of commissioners of sinking fund 170 ( )f the county, coupon convertible into registered 185 registered, bow transferable 135 I (INSTRUCTION OF RAILROADS, in streets 1943-194C CONSTRUCTION. ALTERATION, AND REPA IR OF BUILDINGS: *-.r BCILDINCS. CONTEMPT PROCEEDINGS to collect taxes 857, 858 CONSUMPTIVES. HOUSE OF REST FOR. exempt from taxation 824 CONTESTANT FOR OFFICE, when expenses of. paid 211 CONTRACTS: Not binding without comptroller's certificate 123 What certificate to contain 123 Not to apply to expenditures below one thousand dollars 123 Made by beads of departments 04 Notice of, published in '• City Record" 04 Terms of, to be settled by corporation counsel 04 Rids and proposals to be publicly opened 04 comptroller to be present _ 04 Award to lowest bidder 04 When rcadvertiscd 04 To be executed in duplicate 04 Filed in finance department 04 Security required for faithful performance of 04 sufficiency of, to be approved by comptroller 64 Deposits bid for 04 Payments on, indorsed thereon 04 When declared forfeited and void ,. 59 Relet when lowest bidder refuses to accept r>4 when contractor fails to give proper security 04 when work is abandoned by contractor 04 Ordinances concerning, to be passed by common council 04 Debtors or defaulters to corporation not to be awarded 04 Officers of corporation not to be interested in 59 When declared forfeited by comptroller 59 Work and supplies to badone and furnished by 04 exceptions 64 To be founded on sealed bids, etc 04 For printing " City Record" • '• ■ • 08 For all printing and stationery « 68 proposals for, requirements of • 68 certain amount to be withheld 08 For building piers, etc 714 CONVEYANCES may lie deposited with register 1758 .turf *«■<• REGISTER. CONVICTS: s , CHARITIES AND CORRECTION, DEPARTMENT OF ?:;•> ini>ex. Bcctlon. COOPER INSTITUTE, exemption from luxation 821 COPIES OF RECORDS, papers, He., to he furnished by head-* of depart- ments 49 CORONERS: Number of 1766 Election of 1766 May subpoena physicians 1773 May call a jury 177-1 Sudden deaths to Iw reported to. 1775 May permit body to be moved 1776 Constitution of jury 1774 Clerk of coroners 1768 When employ expert 1771 Compensation of expert 191 l?;:.' Salaries of , 1767 Contingent expenses of 1767 Appoint physicians 1769 Salary of physicians 201. 1770 Names of deceased persons to be reported by, to public administrator. . . 246 penalty for failing to report 246 Certificate of inquest, what to contain. ... : 604 inquest, notice of, given health board 568 Power of health board over 56N, 1777 File abstract of testimony 1777 Report homicide enses to district attorney 1777 When police justices act as 1779 CORPORATION Corporate name and powers 26 County and city a body corporate 26 known as the mayor, aldermen and commonalty 26 rights, property, etc, vested in ' 26 claims and demands against county vested in 26 local administration and government of city and count)- jrt- formcd by 27 fund-, held by county treasurer to be funds of 28 ( barges and liabilities of county to l>e corporation charges 27 Election or appointment of county officers not to Ik- affected by consoli- dation t / 27 County not affected for certain purposes 27 Compensation to, when lands, etc., of, taken for street openings 980 To pay for benefits to laud, etc., in street openings , 980 Papers of, in addition to " City Record," number of and how selected. . 66 What to be inserted in 66 Responsible for moneys collected by public administrator 244 for stock transferred by. etc., and all moneys paid by. into treasury. 244 for faithful execution of duties of his office * . 244 Payments by, how made - 123 Faith of, pledged for consolidated city stock 133 Prohibited from diminishing revenues of sinking funds 179 May borrow money for deficiencies of assessments 150 Issues of stock to pay assessments upon 139 May issue bonds to pay for paving streets and building sew ers, etc 144 Leases of real estate for use of 481 Undertakings, etc., by, in legal proceedings 248 CORPORATIONS: "When resident ? 1127 Service upon 1127 CORPORATION ATTORNEY : Chief officer of bureau in law department 216 Duties of 216 All actions by, to be in name of mayor, aldermen and commoualtv. . . . 216 Salary of " 52 Report of, to be published 215 When to collect jury penalties 1692 And LAW DEPARTMENT. INDEX. ' 730 Section. CORPORATION ( 01 N8EL: Hc:nl of Ihc law ili-parl incut BO Term of office 30 Salary of < '. 52 Term of office of successor of present 100 General powers anil duties 21I> Settle terms (if contracts (it May assume control of suits on proceedings relative to personal taxes and employ counsel 804 1'upers to commence action may lie served on 1105 Summons may be served on 1080 May assign counsel to Officers Ol corporation in summary examination . . ~ 1 1 Member of board of revision and correction of assessments 80? board of printing and stationery 08 board to supervise "City Record" 06 To assign attorneys to' departments 916 To appoint attorney for collection of personal taxes 215 To advise as to bonds to be given by corporation in legal proceedings. . . 248 To act in acquiring wharf property 715 Take proceedings to open certain streets 900. 961, 902 Duty of, in acquiring lands for Harlem river improvement 078 Present, to represent city before assessment commission 909 Reports of. to comptroller, what to contain 316 Aiul-tr LAW DEPARTMENT. COSTS. In suits on bastardy and abandonment bonds 1422 On bastardy appeals 102 In district courts 1410-1425 In marine court 1276-1378 Security for. in marine court 1285 In assault and battery, when complainant to pay 1500 None against city on forfeited recognizances 1484 None on habeas corpus 1489 On recognizance for good behavior or to keep peace 1471 COTTON : Damaged, etc.. when reported 54~< penaltv for omission 548 Storage of 462 ( Ol'NSKL: When assigned to officers 168 Assigned to departments ; 215 COUNSEL TO THE CORPORATION: See CORPORATION COUNSEL. COUNTERCLAIM in marine court 124;: COUNTY OF NEW YORK : Boundaries of I Charges against and obligations of 27 Funds of, to be held for corporation ' 88 .Imfwr CORPORATION. COUNTY DEBT: •CONSOLIDATED STOCK. COUNTY CLERK When chosen 1719 Security by 1736 Act till successor qualities 1719 Vacancy in office of 1719 Reside in city 1721 Fees for searches 1728 Salary of 1722 Aldermen may increase or diminish salary 1722 Appoint assistants 1727 Salaries of deputy and assistant 1727 How assistants appointed 1727 Liable for acts of assistants ." 1727 Keep account of fees 1728 Account open to public 1728 To report and pay over fees .1726. 1729. 1730 Assistants to certify before payment of salary ' * 1730 740 INDEX. Section. ( oi'NTY CLERK (continued) Assistants to give security , 1736 Appoint searchers 1724 Must make searches 1725 Keep and tile account <>f fees 1702 Office hours 174J Assign clerk to care of records 1735 Fees for searches _ 1723 Time within which searches to he made 1725 Liability for errors in searches 1725 To copy certain records 1733 Assistant deputy 1733 Number and salaries of deputies and clerks 1732 To docket forfeited recognizances as judgments 1480 Not to record conveyances, mortgage*, etc 1734 Take fee on tiling notary's oath 1712 To docket district court judgments on transcript* 1392 To furnish transcripts 1397 Transcripts of satisfaction tiled with 1407 To keep lien docket 1811 Fees of, on tiling lien 1811 To give notice of drawing of jurors 1673 To give sheriff minute of drawing 1679 To keep election returns, unopened 1900 Duty of, on receiving notice of Statcschool moneys 1054 COUNTY CANVASSERS 8m ELECTIONS. COUNTY TREASURER, funds held by officer as • • • • 28 Ami we CHAMBERLAIN COUNT'S JUDGE, when may make order in actions in superior city courts. 1140 COUNTY OFFICERS eh-ction of. etc not alVeeted by consolidation COURTS Places for holding, how procured ', 1073 When places for holding to he appointed by mayor 118 publication of proclamation thereof. . . ., UH Place of holding changed by mayor 1074 Disposition of money paid into 1085 To take judicial notice of seal, signature. etc.. of hoard of health 621 Volumes of laws affecting city, to he read in evidence in 1107 COURT ATTENDANTS, how appointed 1113, 1153 COURT CALENDARS : Publication of 1093 expenses of, provided for 194, 1094 COURTS OF RECORD, what arc 1123, 1205 COURT HOUSE, COUNTY, completion of 344 COURT OF ARBITRATION: See ARBITRATION. COURT OF CRIER : Of supreme court 1116 salary of 1116 Of superior court and common pleas 1151 CRIMINAL PROCESS, by whom served 281 CRIMINAL STATISTICS, lobe prepared 99, 1592, 1718 CROTON LAKE AND WATERS ; Preservation and care of 357 No offensive matter to be thrown or deposited in 362 And »ee PUBLIC WORKS. DEPARTMENT OF CROTON WATER, bureau relating to. in department of public works 317 And see PUBLIC WORKS. DEPARTMENT OF CROTON WATER STOCK, additional 141 CUSTOM HOUSE, exempt from taxes 82G INDEX. 741 ID Section. DAILY REGISTER, authorized 1098 DAMAGES To persons and property by fire, when dvll action ror 45;t For altering mules........ IW8 .in-' in STREETS, ft-- , OPENING OT DEAD : Permit for removal of BM Removal of 568. 56i» from cemeteries 569 Burial of, when ordered by health board 588 DEAD ANIMALS, etc.: Remova] of, by board of health 500 Contract for removal of 507 DEAD BODIES, not to be disturbed without coroner's order 177<". DEATHS: Report of, by relatives Or friends 004 by physicians 004 Record of, by board of health 000 Record of, by register of records 534 Report of physicians as to cause of 60tf Strangers, death of, to be reported to public administrator 246 DEBT OF CITY, payment and cancellation of 171-177 DECREE, sales of real estate under 1088 DEEDS: Number and. tonus of commissioners of 100 Indices of, kept by register 175"2 DENOMINATIONAL SCHOOLS: No appropriation to, from tax moneys 01 Sales and leases of property to 01 DEPARTMENT, FINANCE: See FINANCE DEPARTMENT. DEPARTMENT. FIRE: Set FIRE DEPARTMENT. DEPARTMENT, L A w .See LAW DEPARTMENT. DEPARTMENT, POLICE: See POLICE DEPARTMENT. DEPARTMENT, HEALTH: See HEALTH. DEPARTMENT OK. DEPARTMENT OF PUBLIC WORKS See PUBLIC WORKS. DEPARTMENT OK. DEPARTMENT <>E PUBLIC CHARITIES AND CORRECTION: See CHARITIES AND CORRECTION. PUBLIC. DEPARTMENT OK DEPARTMENT OF PUBLIC PARKS: See PARKS. PUBLIC. DEPARTMENT OF. DEPARTMENT OF TAXES AND ASSESSMENTS: See TAXES AND ASSESSMENTS. DEPARTMENT OF. DEPARTMENT OF DOCKS: • See DOCKS, DEPARTMENT. OK. DEPARTMENT OF STREET CLEANING: See STREET CLEANING. DEPARTMENT OF. DEPARTMENTS. Common council may pass ordinances for better organization, etc.. of. . 85 Records of transactions to be kept 51 abstract thereof published weekly 51 Reports of. to be published in '• City' Record " 49, 2'2"2 Expenditure- for work or supplies not to be made unless authorized and appropriated 64 Certified copies of books, papers, etc., when to be furnished by 50 police, department excepted 50 74 2 I MM X. Scotton* DEPARTMENTS (continued): Books and papers of, when open lor inspection . r >(| No expense incurred by, unless mi appropriation for 46, 47 Transfer of appropriations for 204 Legal papers for, prepared by corporation counsel 215 Attorney or counsel, not to he employed hy 215 may be assigned by corporation counsel 215 Titles of 34 Subordinate officers in, how appointed 48 number, salaries and duties of 48 removal of 48 Bureaus in, may be consolidated 48 President of, entitled to seat in board of aldenncn 70 Quarterly reports of 49 Majority of board in any, to be a quorum 40 Hoards in, to choose officers 46 DEPARTMENTS, HEADS OP How appointed 10G Salaries of * 52 Terms of office, and when to commence 106 Removal of 108 Subordinates, may appoint and remove 48 may define duties of 48 may li\ salaries of, subjci 1 lo revision of board "f estimate, < (c . -IS Not to incur expenses in excess of appropriation 46, 47 To prepare departmental estimates 189 what to contain 189 May make contracts (54 To open bids and proposals 04 To sell property at auction 82 deposit proceeds with chamber lain 82 tile account of sale w ith comptroller 62 May consolidate bureaus 4H To furnish copies of records, etc 50 To contract for work and Supplies 64 To furnish matter to be inserted in " Ciiv Record " 68 W hat called and how' composed in, finance department 35 law department 36 police department 37 department of public work? 38 department of public charities and correction 39 fire department 40 health departmcut ; 41 department of public parks 42 department of taxes and assessments 43 department of docks 44 department of street cleauing 45 DEPOSIT of city funds, banks for 165 DEPOSITIONS: Justices of district courts may take 1391 Of emigrants, when and how taken 2057, 2p6:3, 2065 DEPtJTT CLERK not to be referee, receiver or commissioner 1079 DEPUTY COMMISSIONER OF PUBLIC WORKS 815 Ami «v PUBLIC WORKS DEPUTY COMPTROLLER: His appointment 124 His duties and powers 124 When to exercise powers of comptroller 124 Time limited 124 And tee COMPTROLLER. DEPUTY RECEIVER OF TAXES: To enter payments.. • 850 To furnish statements to comptroller 850, 851 DIRT in streets 1936 DIRT CARTS, ordinances in relation to, may be enacted 86 DISCOVERY of property withheld, petition for 1202 im»kx. 74 :> Section. DISEASES: Infectious and contagious lo be reported 008 communication with those sick of 550 Prevention of spread of 57 1 Information as to, in State 572 DISORDERLY CONDI (T What is 1458 Fast driving is 1 44K Discharge of those committed for 398 DISORDERLY PERSONS * Who are 1458 one who suifers a vicious dog to be at large 1458 prostitutes .. *■ 1458 one using language to provoke breach of peace 1458 those who abandon wives or children 1454 those who abandon families or threaten to 1455 may be ordered to pay for support of family 1450 Arrest of 1459 How discharged , 1457, 14G<> Bond of, to leave the State 1400 How bonds given by, prosecuted •. . . 1501 DISPOSSESS PROCEEDINGS: . Sm SUMMARY PROCEEDINGS mid DISTRICT COURTS. DISTRICT OF ASSESSMENT: On opening streets, etc 970 On opening squares and places 978 DISTRICT ATTORN K Y Salary of , 1503 Assistants to, number of 1508 salaries of 1508 Information to. of suspected arson 465 Take testimony de bene 1407, 14GK To aid clerk of oyer and terminer and sessions in collecting fees 1505 Xotiee of application to remit fine to be given to 1492 To file forfeited recognizances 1480 To move forfeiture of recognizances 1472 To prosecute forfeited recognizances .• 1479 to pay over collections on 1479 ( Vi t ilicate of, to vacate judgments on forfeited recognizances 1488 When notice of application for bail to be given to 1488 To consent to employment of expert by coroner 1771 To prosecute violations of election law 1922 DISTRICT COURTS: Places for holding, to be assigned by common council. !* 92 Districts, how constituted 1279, 1280 Jurisdiction of 1285 Only have jurisdiction specially conferred 1284 Of what, have not jurisdiction 1286 Removal to common pleas 1287 Retain former jurisdiction 1288 When justice transfers action to another justice 1292 • AVhere actions to be brought 1289, 1290 What justice may hold court 1292 Clerk may adjourn 1292 Where and when court held 1291 Seals 1293 Parties appear in person, or by agents or attorneys 1294 Have jurisdiction of suits on marshal's bonds. 1702 Process from, by whom served 1709 Judge issue warrant of arrest and search warrant under game laws 1300 Salary of interpreters of • • • " 1540 When marshal not appear in 1294 How actions iu, commenced 129G Voluntary appearance in 1290 How and when guardian in, appointed 1295 Summons, form of 1297 When short summons in 1299 Who may serve summons 1300 INDEX. Section. DISTRICT COURTS (<»nrf« Proof of service 1301 Appearance, time for 1808, 1299 Service of summons, how made WO Complaint, when served with summons 1340 Complaint, when verified 1346 Arrest, when 1804 Proceedings after arrest 1300 Marshal to uotifv plaintiff of arrest 1310 Arrest, duty of marshal on 1308. 1309, 1311. 1314, 1815 Time of detention limited 1815 Attachments in 1310 what necessary to obtain 1317, 1318 Proof on arrest. * 1808 1 ndcrtaking on arrest - 130"> Process not served outside city 1303 When action in, deemed commenced 1303 When plaintiff to give security 1800 When pleading takes place 134ft Adjournments 1808-1885 Inspection may l>e ordered 1301 If plain tilt does not appear, action dismissed 1366 Commissions to take testimony 1308 Testimony de bene *. 1369 Subpoenas in 1370 served in adjoining county 1370 Witnesses, attachment of ■ 1370 •furors, list of 1371 .1 u rors reside in district 1371 Trial by jury 1372 Jury of twelve 1373 Summoning jury 1372, 1373 Fines of jurors.' 1371 Talesmen 137.J Drawing jurors 1372, 1370 Jurors' fees, paid on demand of jury 1377 Challenge of jurors 1379 Verdict Of jury 1380 Judgment on verdict • 1380 Transfer of causes 1360 .Mode of swearing jury 1381 Attachment served by marshal 1302 What process served by marshal 1302 Alias .summons 1303 Trial 'continued from day to day 1387 Mode of trial. # : 1381 When judgment of dismissal 1382 Right to discontinue 1382 When judgment for plaintiff by default 1383 Time for decision limited 1384 Excess of recovery beyond jurisdiction * 138."> If defendant liable to arrest to be so slated in docket 1386 Execution, how issued 1399 form of -. . 1400 against the person "1401 renewal of 1402, 1403 limit of arrest on 1400 time of sale under 1400 Marshal, liability of 1407 Satisfying judgments docketed with countv clerk 140* Clerk, duty of 1409 deliver books and papers to successor 1412 issue execution on former judgment 1413 certify copies of papers 1414 docket to be kept by 1409 form and contents of 1409 Docket entries as evidence 1410 Index to docket 1411 City furnish rooms, etc 1436 Costs, fees > 1410-1418, 1423 •Costs after answer of title 1421 INDEX. 745 Section. DISTRICT C0URT8 (continued) in actions on bastardy bonds 1422 Marshal's fees 1419 Extra costs 1420 Clerks, how appointed 1427 appoint deputy's salary 1427 duty of 1428 term of 1427 offlCC hours of 1428 to account monthly 1429 lo gjVe bonds 1480 may administer oaths 1431 Appeals from, to common pleas 1488 Justices administer oaths and acknowledgments 1391 may take depositions ' 1391 not exercise powers of police justices 1389 powers of, in special proceedings 1388 Tianscript of proceedings certified By justice, evidence 1817, 1 4-10 Witnesses, attendance of, compelled in special proceedings 13*K Subpu'iias to be signed by justice in special proceedings 1388 Special proceedings continued before another justice 1387 No abatement by death, removal or vacancy 1390 Costs in judgment for female employee 1424 No jurisdiction of actions for seamen's wages 1280 No jurisdiction of actions against city 1280 Jurisdiction of actions in bastardy and abandonment bonds 1285 Allowances in actions on bastardy and abandonment bonds 1422 Rules of supreme court, apply to ■ 1420 Summons, by whom served 1357 Defaults may be opcucd 1307 * City's actions for penalties, where brought 1290 Jurors, panel of 1371 Jurors, fines upon 1371 Jury may consist of twelve 1371 Salaries of justices 1283 Clerks and assistants to receive no fees 1429 Interpreters to be appointed 143:5 salary of 1488 Stenographer's fees for transcripts 1439 Judgment on defendant's bond on attachment 1324 Action where attachment vacated 1325 Return on attachment 1320 application to vacate 1327 effect of vacating * 1328 Proceedings on attachment where no personal service 1329 Warrant to seize chattel in foreclosure of lien 1330 Judgment on foreclosure of lien on chattel 1330 Replevin in 1331 proceedings on 1882-1846 requisition to marshal 1333 duty of marshal on 1334 service of summons in 1334 return of marshal in 1335 • exception to plaintiff's sureties 1336 demand by defendant 1337 qualifications of sureties in. 1388 when chattel delivered to plaintiff 1339 penalty on marshal for wrong delivery 1340 w hat provisions of Code apply to .1341, 1343 claim of third party in 1341 answer in 1342 proceedings where no personal service 1344 hearing where personal service had 1345 when complaint served with summons 1340 Pleadings in 1347 What provisions of Code apply to pleadings and proceedings in 1347 Pleadings in actions on bastardy and abandonment bonds 1348 when new summons in 1348 Answer of title 1349 Proceedings on answ er of title 1350, 1352-1354, 1356 Proceedings where trial shows title involved 1353 748 INDEX. . Section. DISTRICT COURTS {confinx d) New action after discontinuance because title Involved .1851, 1355 Summary proceeding* to mover real property In ' 1357 precept In, served by marshal 1357 petition in 1358 precept in, where returnable 1358 place of trial 1358 answer in i 1359 transfer of proceeding 1300 Adjournment where party under arrest 1303 Conditions imposed on adjournment 1363 Default proved , 1307 Clerk to report jurors lined 1371 Fees on adjournment after jury .summoned 1378 Clerk to give transcripts of judgments 1392 Execution after transcript 1392 Where Judgment a lieu on real property 1392 Contents of transcript when defendant liable to arrest 1 394 Transcript of judgment for chattel 1394 Judgment where notion is against several , 1395 against defendant'* not served 1395 transeript of, where some defendants uotscrved 1390 action on, where some defendants not served 1390 effect of docketing with county clerk 1397 against marshal 1398 Execution in 1399 Execution against joint debtors 1400 Proceedings where execution directs arrest . 1401 Execution may be renewed 1402, 1403 What judgments enforced by arrest 1 404^ 1405 Time limited for arrest on sale in execution 1406 Liability of marshal with execution 1407 Transcript of satisfaction tiled 1408 Clerk to keep docket 1409 c ontents of *. 1409, 1410 to be indexed 1411 Justices Of, appoint attendants 1432 appoint Interpreters - 1433 appoint stenographers 1434 appoint janitors 1435 Meaning of terms 1487 Stenographers' fees on appeals 1439 May issue search warrant for game 1306 Order" of arrest in 1307 Bail on arrest in 1311-1313 Warrant of attachment in 1318 Duty of marshal on attachment 1320-1323, 1326 Service of attachment 1321 Undertaking to relieve attachment 1322 Claim of third person to property attached 1323 DISTRICT JUDGES: Election of 1281 Terms of office .. 1281 Salaries of '. 1283 Qualifications 1282 Vacancies in 1281 how filled 1281 When term to commence 1281 DOCKET OF LIENS 1813 DOCKS, DEPARTMENT OF: Head of, of whom to consist 44 Control of all wharf property belong to city 711 Expenses of, how paid .* 143 Appropriation for rent, salaries, etc. . limited 143 Commissioners, terms of office 44 general powers and duties of ': 711 salary of 52 how mavresiini 718 !M»I \ 7*7 Seel ion. DOCKS, DEPAliTMEXT OP (oontinuec whi'ii office may become vacant 718 vacancy, how tilled 71* Board ol dock • quorum <>f 718 organization of 71H offices for 718 president of, elected annually Tib aunual report to mayor Tilt What to contain 718 Officers, clerks, ;i n«l agents, appointment and duties of 71 s I'ents. tines, and penalties. paid into sinking fund 717 Dock bonds of the city of New York. objects of 148 amount of 143 when redeemable 1):; Wharf property, rules and regulations concerning 716 copy of, furnished occupants of 717 penalties for violating 717 liow recovered 717 meaning of 724 Wharf property of city, charge anil control of 711 what included in 711 repairing, altering, etc 711 regulation and government of 711 Whan property for city. mny be acquired by purchase 71"i agreement with owners 716 commissioners of sinking fund to approve 716 may be acquired by process of law 718 proceedings therein 716 Wharfage. rates of, to he regulated il(i for canal boats 7 Mi Wharves, piers, and bulkheads. construction of Ill contract for 714 what to contain 714 when forfeited 71-1 charge and control of 711 repairing, altering, and cleaning 711 regulation and government of 711 built and repaired according to plan of water front 71'.' set apart for certain kinds of commerce 71(! lenses for, and term of 716 covenant of renewal 710 conditions of lca>es 71fi Water front . plans for, to be made 71".'* submitted to sinking fund 71'.' how and where riled 712 docks, slips, etc.. to be built in accordance with .' 712 Surveys, soundings, etc.. of water front of annexed district, concurrent resolutions author i/.ing 71 :> Lands under water. conveyances of. by commissioners of land office 720 to be used for wharves, etc 72.0 Vessels, rafts, or floats, may be removed 733 Deepening of water to be ordered by 721 Slips, enlargement of 722 slipage for use thereof 722 Markets, erection of. over water 720 Other officers not affected by poweis of 723 Free floating baths, berths for. to be furnished 725. 727 Set PIERS AND WHARFAGE. > 74 s INDEX. Section. DOCKS, for street-cleaning purposes 706, 72* dock bonds, object, amount and when redeemable 148 DOCK, floating, legalized Nil DOCS: At large, unmuzzled 1408 Ordinances may be enacted in reference to Mtt DOMESTIC CORPORATIONS, service on 1127 DRAINAGE: Duties of owners and occupants in reference to ?>:i'J When done under board of health 562-565 assessment for expenses 564 damages and expenses, how paid 142 Power of board of health in reference to 501, 561 DRAUGHT OF VESSELS lo be given to pilots 2111 DRINKING FOUNTAINS, ordinance- may be passed in relation to 86 DRUGGISTS : I'll AKMACISTS DRUNKARDS Habitual, commuted to inebriate asylum 1096-1100, nou discharge from 1102 When vagrants 1464 DRV DOCK'S, uvc of piers for certain, permitted 811 DUTIES OF POLICE relative to theatres 2004, 2113 DUTY ON ALIENS 2043 EAST RIVER : Nets in 739 Speed of steamboats ou 757 Course of steamboats on 757 EDUCATION : SCHOOLS EDUCATION, BOARD OF: When to meet 1026 Certain resolutions as to salaries void , 96 To furnish, departmental estimates 189 Appoint school trustees 1025 Elect president 1026 Appoint clerk and assistants 1026 Control public school system 1026 Have power to take and hold property 1027 Appoint city superintendent 1027 Appoint superintendent of school buildings 1027 Fix duties and salaries of superintendents 1027 Powers as to altering and repairing school buildings 1027 Powers of, as to sale of lands 186 When appoint principals and vice-principals 1027 When discontinue a school 1027 Draw moneys for expenses of board 1027 Examine schools 1027 Make rules for board, committees, and officers 1027 Organize female free academy 1027 Central hall of board 1027 Provide sites 1027 What personal property disposed of 1027 A nd »fe SCHOOLS. INDEX. 74W Section. ELECTIONS Animal approprialiou for expenses of. .,, 194 Ballots, forms of 1842 canvass of 1**8-1 891 in WTOng box 1889 how indorsed 184*2 pasted to statement of canvass 1892 destruction of 1898 Hullot-boxes, how labeled 1841 destroying or removing, B felony 1920 Board Of county canvassers, aldermen to compose 1902 proceedings had by 1902 lliircau of elections, record of convictions tiled with 1871 under control of police board 260 chief of 184.*) appointment of 200, 1845 term of office f 1845 salary of 1845 removal of 184.") duties of 1848 chief clerk and other employees 1849 obtain records of deaths. . . ." 1867, 18G9 give copy to inspectors 1868 records open to inspection 1878 ( anva.-s of votes, how to commence 1882, 1886 public announcement of ballots. .'. 1886 order of 1887 watcher at 1885 proceedings in 1885, 1888, 1890-1892 proclamation of result 189:5 statements of 1894 1895 to whom sent - 1895 delivery of 1890 scaling of 1895 receipts for 1899 tallies of, to whom scut 1895 sealing of 1895 receipt for 1899 advertisement of official canvass '. 1929 Challenged persons, oath to 1851 Challengers, designation of 1874 where placed 1874 removal of 1874 canvass of district by 1879 Election, day of, legal holiday : 1840 when held 1839 expenses of, a county charge 1930 irregularities in holding no defense 1925 meaning of word 1928 notice regarding municipal officers 1839 when sheriff give notice 1931 polls, when opened and closed 1843 detailed statement of canvass to be published , ... 68 Election districts, rcdistricting 1847 no district to be in two congressional districts 1847 number of voters in : 1.847 boundaries of, advertised 1929 Electors, challenge af 1851 oath to 1851, 1852 application of, for registration 1858 examination of 1858 qualifications 1858, 1915 when applicant not of age 1858 rigid to be heard .. : 1 872 removing into district after being registered 1859 750 INDEX. ELECTIONS [fiontim ■■■ out of district after being registered L8K9, i860 from one dwelling to another i860 vote of, how received nod deposited i860 right to challenge 1872 penalty for persohatins IMS, 1904 changing ballot of. a felon}' 1908, 1914 personal violence 191? False swearing at election! \ Inspectors of election, appointment of 185(1 qualifications 1850 term of office 1^50 removal of 1850 when and how removed. .' 1850 vacancies 1850 compensation 1KA conditions of payment ^ 18.14 disobedience to. 1910 penalties incurred by refusing to appeal after appointment 185"i absence from duty J855 refusing to perform duty 1855 illegally registering votes 1921 receiving votes 1900 refusing vote 1900 electioneering about polls 192:; making false can TOSS 190? oath to Ik- taken 185(1 certificate of appointment I860 transfer of 1850 administer oaths 1851 exempt from jury duty 1854 certain acts of. felonies „ 1907-1910 interfering witfi 1730 deliver copv of registry to captain of precinct. 1W.5 .!//<' »<•/■ DtBPECTOBS Of feLBCTlOX. < Uliceis of election. who are •. 1877 interfering w ith 191* certain acts of, felonies 191* neglect of duty 1909 not to electioneer about polling places 192:5 Poll clerks, appointment of 1*50. 1*52, 1853 i|ualifications of 1852 term of office 1852 vacancies 1850 compensation 1851 conditions of payment 1854 to be in constant attendance during hours fixed 187? may canvass district 1879 duties of, in canvassing 1883, 1891 certain acts of, felonies 1905. 1909, 1910 interference with, a misdemeanor 1918 Poll-list books, contents of 1884 form of 1884 Poll-lists to be filed with county clerk 1897 Polls, when opened and closed 1843 Polling places, location of 1873 not to be in liquor shop 1873 to be lighted 1873 size of 1873 disorderly persons excluded 1885 liquor prohibited at 1924 Uecords of deaths, furnishing of 1868-1870 of persons convicted of crimes, to b^e furnished '. 1871 Registers of election, what to be entered on 1858 how certified and filed 1861-1863 what to contain 1846 INDEX. Section. ELECTIONS (continued Registers of elections, • form of . . . 1840 comparison of 1861 ' copy of, for bureau of elections 1861 for use of public 1861 where kept 1861 dolivcry of, to election bureau 1*61 correction of 1868 inspection of 1878 special elections, when used for ! 18*0 when copv used at prior election issued 1M4M Registration Of voters, davs for, when held 1857 illegal 1903 applications for, when received 185N examination of applicants 1858 proceedings therein 1858 revision of , 1859 proceedings therein 1880 Registry of voters printed in " City Record" 67 Repeating 1904 Violation of election laws 1903-1923 district attorney, duty of, regarding 1922 Witnesses of election, designation of 1885 watcher to be designated 188.") protection of 1885 Challenge, name of person marked for 1870 Policemen to be detailed to polls 286 ELECTION: Of aldermen 29 . Of couutv officers, not affected by this act 27 Of ofay or 31 To fill vacancy in office of mayor 32 Of temporary chairman of board of aldermen , 33 ELECTION TO OFFICE, certificate of 53 ELEVATED RAILROADS forbidden in certain streets 1944, 1946 ELLIS ISLAND, ceded •.. 1633 EMIGRANT BOARDING-HOUSES: Licenses to 115, 2049 Rates of, to be posted • 2049 Lien of keepers of 2050 EMIGRANT-RUNNERS 2051 Not permitted on board vessels 2035-2037 Punishmeut of 2039-2040 EMIGRANTS: May land when desirous 2041 "Who may be detained on vessels 2064 Baggage, where landed 204* Tickets to 2051 Tickets to be sold onlv at designated places 2052 To be landed at designated wliarves 2032. 203:5 Frauds upon 2054 Rates for tickets to 2052, 2053, 2055 Rates of transportation of 2052 To be reported to certain officers 2059 What tickets issued to, to contain 2060 Rates not to exceed those reported 2061 Health officer to notify of designated landing place 2034 Where tickets may be sold 2056 Witnesses examined de beiie 2057, 2063 License necessary for steamboats, etc., landing. . . . 2045 Examination of witnesses of frauds upon 2057,2063 Licenses of boardiug-housc keepers 115 Licenses of transportation agents of 116 Runner not permitted on board 2035. 2036, 2037 punishment of .•. 2039, 2040 Baggage of, where landed 2048 Boarding houses for 2049. 2050 Bookin? 2052 752 INDEX. Section. EMIGRATION, COMMISSIONERS OP: Mayor to be one of 110 Duty of vessels to laud emigrant* 2033, 2035, 2037 When and how sell baggage 2068 I'urehase or lease buildings •. 2032 Transportation companies to report rates of fare to 2060 Offices for booking emigrant passengers, open to 2052 Itcgulatc landing of emigrants 2033 License emigrant runners 2051 Suits by, on runner s bonds 2051 Designate landing places 2032 Purchase or lease wharves 2032 Sue for penalties 2033, 2034, 2030, 2047, 2040 Lien for penalties 2037, 2047, 2048 Issue licenses to steamboats and barges 2045 Designate places to sell tickets 2056 May admiuiser oaths 2065 Take depositions 2065, 2066 To have liens on vessels 2037, 2047 To receive duty on aliens 169, 2043 EMPLOYEES, not in any department, schedule of 203 ENCROACHMENTS on harbor 732 ENFORCEMENT OP .11 KY I INKS, HOARD OP JUBT vines, EPIDEMIC, commercial paper during 2020-2031 ESTIMATE for tax levy to be prepared by comptroller 829 ESTIMA TE AND APPORTIONMENT, HOARD OF: What officers to constitute 189 Powers and duties of 189-211 Meetings of 189 President and secretary of 189 Provisional estimate to be made by 189 what to include* 189 to be submitted to board of aldermen 189 published in "City Record " 189 objections or suggestions made bj- aldermen considered 189 Departmental estimate 189 what to contain 189 to mhorn sent 189 Pinal estimate to be made by board 189 how signed, riled and published 189 To provide for payment of bonds and other obligations 190 To provide for payments to sinking fund 190 To approve street cleaning contract 209 To include in annual estimate amount necessary to pay bonds fallingdue 191 limit of such amount , 191 To include in annual estimate sum necessary to pay bonds when due. . 192 To assess sum necessary to pay judgments 193 payment of sums so assessed 193 no limit to amount thereof 193 Annual appropriations to be included in final estimate 194 for rcpaving streets, etc., certified by commissioner of public works 194 (sub. 1) for extending distribution of water 194 (sub. 2) for experts employed by coroners 194 (sub. 8) for office commissioner of jurors 194 (sub. 4) for Seventh Regiment armory 194 (sub. 5) for lands and buildings for armories, etc 194 (sub. 6) for observatory, museum, etc., in Central park 194 (sub. 7) for relief of poor adult blind persons 194 (sub. 8) for tenement-house fund 194 (sub. 9) for expenses of registrations and elections 194 (sub. 10) for compensation of supreme court justices from other districts. 1 94 (sub. 11) for support of night medical service , 194 (sub. 12) for bridges over Bronx river 194 (sub. 13) for expenses of commissioners of street opening 194 (sub. 14) for salary and expenses of shore inspector 194 (sub. 15) for salaries janitors district courts 194 (sub. 16) INDEX. 753 Section ESTIMATE AMi APPORTIONMENT, BOARD OP (continued) • Annuul appropriations ti> be Included in final estimate, for publication of court calendar* 11*4 (sub. IT) for ww library 194 (sub. 17) for police Courts and board of police justices 104 (suit. IS) to American Female Guardian Society 194 (sub, l and S of sub. 21) to Society for Relief of Ruptured and' Crippled . . . .194 (sub. 3 of sub. 21) to Infirmary for Women and Children 194 (sub. 4 of sub. 21) to Children's Fold 191 (sub. B of sub. 21) to Union Home and School for children of Volun- teers 194 (sub. 6 of sub. 21) to Institution for the Blind 194 (sub. 7 of sub. 21) to Children's Aid Society 191 (sub. 8 of sub. 21 1 Annual appropriations to be included in final estmate. to Industrial Schools for destitute children 194 (sub. 8of sub. 21) to Roy.s' and Girls' Lodging-houses 191 (sub. M of sub 21) to Foundling Asylum of Sisters of Charity 194 (sub. 9 of sub. 21) to mothers at such asylum 194 (sub. i) of sub. 21) to Nursery and Child's Hospital 194 (sub. 10 of sub. 21) to Infant Asylum 194 (sub. 11 of BUD. 21) to Shepherd's Fold of Protestant Episcopal Church . 194(sub. 12 of sub. 21) to Catholic Protectory 194 (sub. 13 of sub. 21) to Hebrew benevolent Society 194 (sub. 14 of sub. 21) to Juvenile Asylum 194 (sub. 15 of sub. 21) to Roman Catholic House of the Good Shepherd. . 194 (sub. 16 of sub. 21) to Magdalen Female Benevolent Asylum and Home for Fallen Women " 194 (sub. 17 of sub. 21) to Protestant Episcopal House of .Mercy 194 (sub. 18 of sub. 21) to Five Points House of Industry .' 194 (sub. 19 of sub. 21 1 to Association for Befriending Children and Young Girls .194 (sub. 20 of sub. 21) for other charitable purposes directed by law 194 (sub. 21 of sub. 21 To include in annual estimate amounts for" aid of poor and charitable institutions 198 To audit and allow expenses of proceedings to remove police commis* sioners 196 To include in final estimate, portion of expense of parks in Fourth avenue . 197 Also, cost of maps of Twenty-third and Twenty-fourth Wards 197 To provide for deficiency u assessments for market place 199 To fix salaries in office commissioner of jurors - 200 To fix salaries of coroners' physicians « 201 To fix salaries of officers not embraced in any department 202 Schedule of employees not in any department 203 May authorize issue of stocks and bonds for those maturing 204 May authorize transfer of appropriation 204. 207 Repeal of certain provisions in reference to 204 To appropriate excise moneys 2lo Payment in case of contested office. , 211 Final estimate, disposition of 214 Issue of " City Improvement Stock " to be authorized by 139 Bonds for rigid of way for drains, to be authorized by 142 Roods for claims and judgments to be directed by. . .' 148 To provide compensation for judges 1108 To fix salary of crier. 1110 To prescribe conditions in regard to patented articles 63 ESTIMATE AND ASSESSMENT. COMMISSIONERS OF See STREETS, etc., OPEXINO OF. ETHER, manufacture and storage of 106 EVIDENCE, volume* of spec ial and local laws may be read in 1107 EXAMINATION, summary, of officers 60 EXAMINERS. BOARD OF; to pass upon applications for deviations from building lairs 504 EXCISE, BOARD OF: Composed of three members 109 Commissioners of. nominated by mayor and confirmed by aldermen. . . . 109 When to be appointed , 109 Terms of office 109 Vacancies, how filled 109 Removals, how made 109 754 INDEX . (Section. EXCISE MONEYS, appropriations of, for sw]>port of poor 210 EXCLUSIONS, STEAM BOAT: Passengers on, to be registered 762 Trespass by passengers on 763 EXECUTION: In district court 1399-1401 Against city, not to be issued until comptroller is notified 1106 payment of 148 In actions for female employees 1086 arrest on 1086 Of court of record, issued only to sheriff 1717 Common pleas has jurisdiction of proceedings supplementary to 1108 EXECUTIVE POWER, where vested .' 30 EXEMPT FIREMEN'S BENEVOLENT FI ND, payments t„ trustees of, from taxes on foreign insurance companies .">32 EXEMPTION, none on executions for female employees 1086 EXEMPTION PROM TAXATION: Real estate of Young Men's Christian Association *24 Real and personal property of Roosevelt Hospital 824 of Presbyterian Hospital 824 of Cooper Institute 824 of Clinton Hall Association 824 of Astor Library 824 of Merchants' and Clerks' Library Association 824 of Woman's Library 824 of New York City Library Association 824 of Lenox Library 824 of Mott Memorial Medical anil Surgical Library 824 of Catholic Protectory -824 of Children's Aid Society 824 • of Samaritan Home for Aged 824 of Ladies' Union Aid Society 824 of Nursery for Children of Poor Women 824 Assay office 826 Custom House 826 Robin's reef 826 Barge office at battery 820 Land for Spuyten Uuyvil improvement 826 School houses 827 Churches .. 827 EXPENDITERES, statement of, published annually 120 EXPENSE: Not to be incurred without appropriation 40 Not to exceed appropriation 47 EXPLOSIVE COMPOUNDS, storage, sale and manufacture of, 4-j0 EXPLOSIVE AND COMESTIBLE MATERIALS: See FIRE DEPARTMENT. EXTERIOR LINE OF HARBOR, not built beyond 732 IF 1 . FALLEN AND FRIENDLESS GiRLS, HOME FOR, to receive portion of excise moneys annually 208 FALSE REPRESENTATION: Of member of fire department 434 Of policeman 280 Of officer of health department 627 Of harbor master 808 Of elector 1904 FAMILY, order to support 1456 Section. PAST DRIVING oR HIDING: How punished 1448, 1932 Disorderly conduct 1448. 1932 FELONY, Intent to commit 1445 FEES: Belong to city 56 To lie paid to c hamberlain 56 In foreclosure sales 1088 On attachment in marine court 1249 None on arrest '. 1492 None for warrant ■ 1492 None for taking bail 1492 None on habeas corpus 1488 FEMALE EMPLOYEES, execution and arrest in actions by 1086 FEMALE GUARDIAN SOCIETY : Money for 194 Schools of 1066 When children committed to care of 1602-1607 Procedure in committal 1602. 1603, 1605 Discharge of children committed 1604, 1606 FEMALE "WAITERS, prohibited in places of amusements 2110 FENCING LOTS, assessments for 878 FERRIAGE: Exclusive right of city to 1966 To Brooklvn, rates of 1972-1975 To Grecnpoint 1968, 1971. 1973. 1976 On Roosevelt street ferry 1977 FERRIES: Common council pass ordinances as to anchorage in track of 86 Crossing track of, during fogs 759, 760 FERRY: To Brooklyn, regulated 1972, 1977 From Catharine street, regulated ' 1967 From Twenty-third street, regulated 1970, 1971 From Tenth street, regulated 1968, 1969 From James street, regulated 1968 FERRIES. FERRIAGES, etc., concerning 1969-1977 FIFTH AVENUE, no railway in, below Fifty-ninth street 1946 FILLING LOTS, assessments for , 878 FILLING AND RAISING LOTS, expense of 880 FINANCE DEPARTMENT: To have control of fiscal concerns of corporation 123 General powers of 123 Head of 35 Vouchers and warrants ; 123 Charge of market place in Ninth ward 129 Bureau, • for collection of city revenue and of markets 125 chief officer of 125 for collection -of taxes 125 chief officer of 125 for collection of assessments and arrears, and of water rents 125 chief officer of 125 auditing bureau, duties of 125 chief officer of 125 of licenses *. 125 chief officer of 125 tor receipt and payment of moneys 125 chief officer of 125 certificates of awards by assessment commission filed in 912 Ami Kte BONDS: COMPTROLLER: CHAMBERLAIN: SINKIN'ti KIND. FINES- When and how remitted or reduced 1491 Imposed on discharge of recognizance 1473 INDEX. • Hectiou. FIRE ( 0MMIS8IONERS 8m FIBE DEPARfHENT, RIRE^DEPABTMENT: Head of, of whom to Consist ' 4'> General powers of 424 Property of 424 Bureaus in, and principal officers of 427 selection of heads of 42H Chief of department, principal ollicer of bureau 427 Inspector of combustibles, principal officer of bureau 427 Fire marshal, principal officer of bureau 42 7 Inspector of buildings. Sm m ii.i)iN(;s, i\si'K( t<»i: <>k. Inspection of Buil dings , bureau of Sm lit u.i>i\<;s, BUBEAUQV ixspkctm »n Of. Officer* and tireinen, selection of 42m Telegraph lines and alarm boxes 429 injuries to, punishment for 429 Salaries in '. 442 Police department, co operation with 443 5appeiD and miners, corps of 447 explosives for use of 449 To have a common seal 430 Attorney to. duties of •. 431 appointment and removal of .' 432 .Indw ATTORNEY. Notices of violations of building laws to bo issued in name of 507 Power to remit penalties for violations of building laws 505 Uniform and badge, regulations for, to l>e made 434 wearing, except by member of. prohibited 434 False representation of member of, punished for 434 Membership in, qualifications of 435 Resignation from, not permitted without consent 436 what deemed to be 436 Exemption of members of from military and jury duty, etc 437 I'nifonued force, warrant of appointment to be issued to members of 438 oath to be taken by nieinbors of 439 discipline and punishment of members of 440 removal of members of 44(1 Apparatus houses, location for 343. 699 Fire commissioners, board of. number of members and term of office 4 May suspend justice of marine court 1918 GOVERNOR'S ISLAND: Ceded 163:; United States lav pipes to 754 penalty for injury to 754 anchoring over, forbidden 751 GRADES; • Establishing and altering 1962-1965 consent of owners to 1962-1964 Assessments for change of 873 how paid and collected iu Twenty-third and Twenty-fourth Wards. 874 Fixing and alteration of, by commissioner of public works B42 GRAND JURORS: Hoard to select, how composed 163S meetings of 1639. 1642 Drawn bv commissioner of jurors 1648 List of 1641, 1642 How drawn and summoned 1647, 1648 Fines for non-attendance. . .* 1648 Number to be drawn 1641 How selected 1638 Who competent 1641,1645 How lists of, made out. 1643 Drawing of '. 1644 Where majority not personally served 1650 Two grand juries at a time , 1651 f Of general sessions 1539 GRAND LARCENY, robbing from person is 1446 GREENPOINT, ferriage to 1969-1971 GUARDIANS, when aldermen appoint person to examine accounts of 1203 GUNS, ordinances may be passed as to use of 86 GUNPOWDER: Manufacture and storage ot 455 Licenses for sale of 455 Vessels arriving in harbor with. 455 DEL H AREAS CORPUS: Discharge of children from Society for Reformation of Juvenile Delia quents under, limited 1601 No fees on 1488 What examined upon 1488 Rail in cases of 1488 When issued by superior court or common pleas 11 .",."> 7C0 INDEX. ^< Ction. HABITUAL DRUNKARDS Committed to inebriate asylum 1098-1101 discharge from 1102 HACKNEY COACHES: Rates of fare may be regulated by common council 88 License fee of owner of ••. . . 88 HARBOR AND WATERS: Harbor and port, limitsof 761 . 803 lands under water, grants of, limited 729 bulkhead lines, certain may be amended by department of parks. . . • 730 piers, erection of limited 731, 732 removal of ; . . . . 732 penalty for building beyond limit 782 Harlem river, building on land under water of J88 extension of time for 734 Incumbrance of none to Ik: caused 785 removal of 785 expenses for 735 seines, use of, in Hudson river limited 787 poles for fishing, erection of 786 nets, etc., where not to be set 738 use of, in Harlem and Ea-t rivers prohibited 739 Hudson river, what not to be thrown in 740 punishment for violation 742 exceptions 743 Liability of steamboat towing mud scow 744 no compromise without consent of court 745 Ashes and cinders not to be thrown in 746 penalty for violation 740 Scows fdr garbage, etc 747 Drcdgings, where deposited '. . . . 748 Dead animals, etc., not to be thrown in 749 Garbage in 749 permit for boats carrying 750 to be propelled by steam 752 penalty for violation 753 Coventor's Island. water-pipes, etc., may be laid to <54 penalty for injury to 754 anchoring over, not permitted 754 Vessels at anchor in night time, regulation for lights on 755 penalty for violation 755 Buoys, mooring to. prohibited ". 756 penalty for violation 756 East river, speed of steamboats on regulated 7W penalty for violation 757 Fog, navigation in time of, regulated 758, 759 penalty for violation 760 Pleasure excursions, lists of passengers oa steamboats engaged in 762 to be filed 762 penalty for omission 762 persons engaged in, not to trespass on land 763 punishment for violation 763 Lighters, name, etc.. to be painted on 764 penalty for omission 764 Ballast, vessels carrying, to be licensed 765 provisions and term of license 765 by whom granted 765 fees for 766 penalty for violation 765, 766 Oysters, time for taking from Harlem river limited 767 penalty for violation 767 planting by owners of land 768 boats and implements when seized 769 prosecutions under provisions respecting 770 Fines and penalties, to whom paid 771 when liens, how enforced 771 Piers and bulkheads.deemed to extend into the streets 771 INDEX. 7GI Beet ton, HARBOR MASTERS Duties of. u> to pien MM apart fur regular packet lines 786, 787 piers used by regular steamboat lino 7'j:; ?:•<; caual boats * 789 Fee from canal boats, lo be paid before clearance in anted . . N06 Powers of, in assigning liarbor accommodations 807 Penalty for resisting , 703, 807 Falsely representing, penally for 808 To furnish copies of certain provisions of law 809 Keep piers, wharves and«bulkheads clear 778 Report certain violations to pilot commissioners 810 Powers of, not affected by dock department 72:! HARLEM BRIDOE. no obstructions around landings of 195S HARLEM RIVER: Nets in 737, 739 Oysters in 767 Survey of. by dock department 718 Bulkhead lino on^alteration of 730 Land under water of.erections on 788 extension of time for 784 HARLEM RIVER IMPROVEMENT Mode of acquiring real estate 886-895 Maps, etc., for, prepared by department of park- 671 Bridges to be built by department of parks 676 Acquiring land for 678 An,t (N SI'CYTEN DUYVIUL IMPROVEMENT. HARTS ISLAND: Under control of department of charities and correction 389 Industrial school on 388 And we CHARITIES AND CORRECTION. DEPARTMENT OF HAY, storage of 462 SAT SCALES, mayor to regulate and license 11 1 HEADS OF DEPARTMENTS: Stt DEPARTMENTS. HEADS OK. HEALTH. DEPARTMENT OF: Animals, dead, powers of board as to. *<* A N I M \ i - Births, powers of board as to. ■M BIRTHS Board of health. of whom const it uted -. 41 president of, who to be 41 meetings of 582, 620 term of office of commissioners 41 jurisdiction of 533 not required to do certain acts under former laws 598 payments and expenses to be authorized by 601 seal of 584 complaint book of r 579 suits by and against 616 powers of, when extended 559 w hen delegated to president or sanitary superintendent 583 warrants, power to issue 623 things dangerous to public health, power to remove 541 pestilence, duty during 380 health laws of State, may be enforced by 570 health officer, notice to, of impending dangers to public health. . . . 573 co-operate with 573 hospitals, to report to 370 poor, relief of. by 553 asylums, to report to 570 quarantine commissioners, notice to. of impending dangers to public- health 573 falsa reports to, penalty for making 626 coroners, power of, over 568 records of. publicity of... 585 ISM- \ . HEALTH, DEPARTMENT <>F {continued); Hoard of Health. information to be published by 505 Ordinances, records, etc., of when to be received a c presumptive cvl dence 621 witnesses in proceedings before health board 615 expenses incurred by, , how paid 595,648 actions brought by, in what courts, etc 622 when not to abate • 622 enjoined, how may be * 1091 confirm, commissioner of street cleaning 107 concur in removal of commissioner of street cleaning 108 provisional remedy by 1091 security by, on appeal 1091 parly to suits,, when made 618 undertakings, when not to be given by 619. 1091 health laws, actions for enforcing, by 617, 622 injunctions against 619, 1091 actions for compensation and damages, liable for 599 bills of health ; 578 night soil, contract for removal of 566 obstructions in streets, powers over 588 policemen detailed to 296 may appoint agent for prevention of introduction of disease 560 may order vessels and cargo to be removed 541, 542 president of, and duties 584 temporary, when appointed 584 orders of board, when to be changed by 535 secretary of, and duties 584 power to administer oaths 593 temporary, when elected 584 chief clerk of, designation of 584 duties of 584 attorney of, and salary 589 register of records, and duties 584 sanitary inspectors, number and appointment of 588 qualifications of 588 salaries and duties of 587, 588 powers of 592 sanitary engineers, employment of 590 sanitary superintendent, and qualifications 584 general duties of ' 586, 587 power to administer oaths in certain cases 59.'} Bone-boiling, Sec BONE-BOILING. Bureaus in 534 By-laws, rules and regulations, power and authority to pass 584 enactment of, for board, officers, etc 584 refusal to obey or conform to, how punished 622, 625 Cattle driving, powers of board as to 613 A nd tec CATTLE. Commissioners, number of ♦ , 41 qualifications required in 41 salary of commissioner, other^than president 52 terms of office 41 Contagious and infectious diseases, protection of city against 555, 560 powers of health board concerning 549, 551, 580 hospital for * 550 measures to prevent spread of 555 cases of. report of, by physiciaus 608 effect of, on commercial paper 2026 people sick with, removal' of 549 places for reception of people sick with 549 aliens and non-residents sick with, sent to marine hospital 551 communication with house or person infected with, bow prevented.. 555 communications with portions of city infected with,how prevented. 555 Coroners, powers of board as to 56% Dead. See DEAD. INDEX. 703 Section. HKAl.TII, Dlll'AUTMENT OF (eontiuudt i Sm DEATHS Drainage. poweisof board over 501. 5:18, :>t;i Construction of drains by board 562, 565 Fulton market, powers of hoard over 538 I lead of, of whom composed 4) Health laws. refusal to obey or conform to, how punished C22 Health laws, violations of, how punished (i'2'i, 625 examination as to, before justice of Supreme Court 614 rep o rted i>y police oncers *. 594 arrests for 628 penalties for 622 powers of police to enforce 594 duties of police as to 594 Hospitals, temporary, w hat buildings may be uvd for 550 Infected places. Sm INFECTED PLACES. Judgments of. Set JUDGMENTS. Liens in favor of. Sm LIENS. Marriages, reports of. SM MAURI AUE.S. Markets, powers over. Sm markets. Nuisances, definition of 636 what may be declared to be 585 removal "or abatement of 535, 538, 541, 542 order for removal of 535 service of 578 when stayed or modified ■ 535 hearing of parties thereon • 535 expenses of removing, how paid 541, 680-686 Miits to abate, proceedings in 636-648 Officers and employees, appointment of 48, 588-590 offices for 581 expenditures by 581 salarv, when forfeited 581 liability of 599 premises, power to enter. 592 bad-res to be worn by 591 falsely representing; penalty for 627 powers and duties of, how fixed 575 w hen imposed on police ' 594 Orders of, execution of, by police officers ^ 594 health officers 595, 596 how rescinded or modified 575 service of 577, 578 expenses of executing, reimbursement for * 630-635 statement of, to be filed 633 liow paid 595 how recovered 638- suits may be commenced for 631 when to become a lien G30, 632 w hen lien upon rent and certain compensation 633 proceedings to make such liens effectual 633, 635 changes or modification of 535 • violations of, how punished 558, 622, 625 Penalties, right to sue for 622 when joined with suit for expenses 633 when not fixed by law 622 violations of health laws 548. 610. 628 Plumbing, powers of as to 501 704 INDEX. Section. HEALTH, DEPARTMENT OF (continued) Powers and duties, general 5:53- 001 Physicians, reports of. S(t PHYSICIANS Proclamation thai distrid is infected '.'O-.'O .m>:ji Sanitary code, refusal to obey or comply with, how punished 622 when to he published 575 additions to, made by board 575 publication of 575 executed by police 594 violations of, u misdemeanor 575 Sanitary company of police 25)0 Tenement and lod^in^ houses. .See TKNKMKNT AND I.OIMilNC-IK tl sKs Vaccination, measures relative to 558 corps of vaccination 558 officers appointed 558 vaccine lymph and virus, preservation and sale of 554 HEBREW BENEVOLENT SOCIETY ; Annual appropriation to 194 Children committed to 1825 HELL GATE PILOTS : Complaints against 2127, 213~» Who not compelled to take 2188 Negligence of 2136 Deliver license on suspension 2187 To receive and show instructions 2189 Pilotage to be taxed by port wardens 2140 Punishment for intoxication 2141 How fines and penalties applied 2142 HELL GATE PILOTAGE, disputes as to 2140 HIDES, health board, powers over 547 HOIST WAYS Trap doors and iron shutters, when to !>e closed 438 Penalty for not closing 458 Liability, in case of Ions to life and limb 458 Mailings and trap doors for 487 HOME FOR CHRISTIAN CARE, committal of children to 1617 HOME OF FALLEN WOMEN, when prostitutes committed to' 1466 HOME FOR FALLEN AND FRIENDLESS GIRLS, per capita allow aucc to .' 208 HOME FOR INCURABLES, exempt from taxation* 824 HOSPITALS: Exemption of, from taxation. New York 824 Presbyterian 824 Roosevelt 824 St. Luke's 824 For reception of persons wounded, etc., in streets 390 For contagious diseases 550 Temporary 550 Asylums, etc.. reports from, to board of health 570 HOTELS: Death of strangers in, to be reported to public administrator 246 penalty for failing to report 246 For sailors 2071-2082 HOURS OF BUSINESS of departments to be published 68 HOURS OF RUNNING FERRY BOATS 1967, 1970, 1972. 1977 HOUSE OF DETENTION for witnesses 256 HOUSE OF GOOD SHEPHERD: When prostitutes committed to .' 1468 payment for. by city 194 INKEX. 7'if. Section. BOUSE OF 1M>1 BTRT, Five Points, pex capita allowance to UN HOUSE OF MERCY; When prostitutes committed to 1466 payment for, by city 194 HOUSE OF REFUGE, sentence to 1496 HOUSE OF REST FOR CONSUMPTIVES, exempt from taxation 824 HUDSON RIVER: Jurisdiction over as to criminal offenses 1442 Vessels at anchor in, to show lights 755 Regattas on 294, 295 police keep course clear for 294, 295 Mutters not to be deposited in waters of 740, 743 Nets in 737 Fishing with nets in 737 Obstructions in. See HARBOR AND WATERS. l'iers on part of, appointed to certain barges 797 HUNDRED TWENTY-SIXTH STREET OPENING 960 HUNDRED TWENTY SEVENTH STREET OPENING 961 I. IDIOT IMMIGRANTS 2064 IMMIGRANTS: See EMIGRATION. IMPROVEMENTS, PUBLIC: How paid for, when assessments insufficient 149 When expenses of, collected 879, 880 IMPURE MEATS, etc., removal of 566 INCORPORATED COMPANIES, collection of taxes from 848 INCORPORATED INSTITUTIONS, commitment of children to 1594, 1632 INCUMBRANCES, bureau for removal of 317 INDICES OF DEEDS, etc., sale of, by comptroller 128 INDICTMENTS: For nuisance*, place of trial of 1441 INDIGENT PERSONS, lodgings provided for 258 INDUSTRIAL SCHOOL. HART'S ISLAND: See CHARITIES AND CORRECTION. DEPARTMENT OF. INDUSTRIAL SCHOOLS, annual appropriation for destitute children in 194 INEBRIATE ASYLUM Power to commit to 1098 Who may commit to 1098 Procedure on committal 1099, 1101 Discharge from 397. 1102 And e'C CHARITIES AND CORRECTION. DEPARTMENT OF. INEBRIATES: See. CHARITIES AND CORRECTION. DEPARTMENT OF. INFANT ASYLUM, New York : Annual appropriation to, 194 Commitment of children to 1627-1632 INFECTED PLACES: What considered 556 Mayor's proclamation concerning 556 Vessels arriving from, subject to quarantine 557 Intercourse with, how regulated 558 Registry of places of business, etc 2026, 2027 Drafts, notes, etc.. presented for acceptance in 2028-2031 700 IM»KX. Section INFIRMARY FOR WOMEN AND CHILDREN, NEW TORE Pel" capita, payment to I9t INJUNCTION: AgaiDst scavengers 109:; Against unlicensed plaee* of ainuseuieiil 2005 Against board of liealtli 619, 1091 INQUESTS, notice of, to board of health 568 INSANE, support of by relatives 40] INSPECTION: Of steam boilers '. 810-31:; Of buildings. set HUILDtX(;S. INSPKC TION OK (»f certain articles, ordinances may be passed to £6 INSPECTOR OF BUILDINGS Set UL' II, DINGS, inspector 0! INSPECTOR OF COMBUSTIBLES! KIRK DEPARTMENT INSPECTORS OF ELECTION Mow rule off registers 1862 Bach retain his register 1804, 1866 have copy on election day : ' 1866 How receive voles 1866 Not receive vote unless three agree 1866 To note violations of law 1866 Compare registers after polls close 1866 Correct by copy of record of deaths 1868, 1869 To return record of deaths 1870 To mark names for challenge 1872 To hear electors 1872 Protect challengers 1874 < )ath to voter registered in another district 1875 When majority necessary to act 1876 To be in constant attendance during hours fixed 1877 .May canvass district 1879 Duty as to canvass of votes 1882, 1865-1898 Have* power to preserve order and enforce obedience 1856 Keep access unobstructed 1856 Protect voters and others 1856 Appoint persons to assist 1856 When to meet 1858, 1859 How organize 1858 Receive applications for registry 1858 Examination of applicants. . . .." 18-58, 1859 Hours in session 1858 ' What enter on register 1858 Three necessary to decide as to qualification of applicant 1858 Duties at revision of registration 1859 Duties as to removal of voter 1859, 1860 How certify and file registers 1861-1865 Deliver copy of registry to Captain of precinct 1865 .1 nd tee ELECTIONS. INSPECTORS, SANITARY : See HEALTH. DEPARTMENT OF. INSPECTORS OF SCHOOLS: See SCHOOLS. INSPECTORS OF WEIGHTS AND MEASURES, fees and duties of. may be regulated by board of aldermen *. 87 INSANE PERSONS, disch arge of, from county lunatic asylum 415 And see CHARITIES AND CORRECTION, DEPARTMENT OF. INSOLVENT DEBTORS, power of common pleas to discharge 1164 INSURANCE COMPANIES: Not to grant pcrmissiou to deal in certain combustible and explosive materials 459 Foreign, tax on 522-532 [NDEX. 767 Section INSTITUTION FOR IJJ.IND, allowauce'to. for ck.tlihi:, of inmates 194 INSTITl TIONS. CHARITABLE OH REF0RMAT0R1 Appropriation for support of poor in 194. L9G What institutions entitled to appropriation 195 Excise moneys may be appropriated for 810 how paiil over 21<> INTELLIGENCE OFFICE KEEPERS, powers of police over 283 INTEREST ON TAXES, assessments and water rates 9H INTERPRETER: Of marine court ISM, 1280 In district courts 143:; Of general sessions 1531 In police courts 1546 Of police courts, salary of 1546 Of district courts, salary of .*. 1540 INTOXICATION : Punishment for 1562 Fines for, how disposed of 392 [Islands : What included wilhin city 1 Water supply for certain 356 ISSUE : Note of,, only one necessary lOtW iu marine court 1340 Date of, in passed cause 1092. 1083 JAIL : Designated by common council 9o For civil prisoners 1715 to t>e in charge of sheriff 1715 Physician to <..... 93 JAMES STREET ferry regulated 1968 JANITORS : Of district courts, appointment and salary of annual appropriation for salaries of Of schools, removed by trustees ' JUDGE : Who allows one not an attorney to practise, penalty upon Proceeding: before, out of court, continued before another A n-i «*e th' »frrral COURTS. JUDGMENTS : Against corporation. when not to be recovered for priutiug and stationery, after certain date 68 sum for payment of, to be assessed and levied 193 Sales of real estate under 1088 On forfeited recognizance 1480 common pleas has jurisdiction over 1480 fees on 1481 when and how vacated 1483-1485- Fees of county clerk for docketing 1735 Docket of, to be copied 17S4 Of board of health, expense of executing a lien upon rent, etc 633 Proceedings to make such liens effectual 633 In lien cases 1650 In courts of arbitration 1802 JUDGMENT CREDITORS" AC TION, jurisdiction of superior court and common plea« 1126 1435 194 1039 107^ 1070 708 INDEX. Section. JUDICIAL DISTRICT First, how constituted v )075 JUDICIAL PROCEEDINGS, publication of 1093 JUDICIAL SAEES, fees for 1088 JUNK SHOP keepers : Powers of police over 283 Common council to regulate , 86 May lie required to obtain licenses 86 JURISDICTION : Of city, as to crimes 1442 Of superior court and common pleas 1120-113] Of crimes on East river bridge 1981 Of district courts 1289 Of court of arbitration 1789, 1790 Ceded to United States 1613 JURORS ; Qualifications of *. 1652 Who deemed a resident 1653 Persons exempt from service 1654 Evidence of right to exemption 1655 Military ollicers to deliver list to commissioner of jurors 1656 Jury year, length of service 1657 Temporary excuse of juror 1658 For what causes, and how excused 1659 Applying to be excused, must produce notice 1660 Service in a court not of record 1661 ('lcrk to return attendance 1662 To be selected by commissioner, his powers 1663 (■cncral powers of commissioner 1663 Public officers required to aid him 1665 Expenses of his otllcc, how paid, rooms, etc 1660 Preparation of list of jurors 1667 Persons required to testify as to juror's liability 1668 Return of lists of, to county clerk 1669 Ballots 1670 Supplemental lists 1670 Number of jurors for each term of court 1671 Drawing jurors, what ollicers to attend 1672 Notice of drawing 1678 When drawing adjourned 1674 Drawing, when term consists of two parts 1677 How drawing conducted 1670 Notice by commissioner to jurors drawn 1678 To be notified by sheriff 1679 Clerk of court to certify as to mode of service 1680 Court may order additional panel 1681 Fine for non-attendance 1682 remission of.. . : 1682 May be arrested and compelled to serve 1683 Jurors for district courts 1684 Sheriff's juror, how selected, etc ! 1685 Board for enforcement of jury fines 1687 Powers of .1687, 1688 Provisions for collection of fines of . .1689-1692 Physician giving false certificate to 1693 Refusing information or giving false information 1694 Bribery by juror 1695 Bribery of officer 1696 Concealing offer to take bribe, etc 1697 False swearing, deemed perjury 1698 Lists of. to be furnished to district courts 1371 Ami tec JURORS. COMMISSIONER OF JURORS IN DISTRICT COURTS 1371 JURORS, COMMISSIONER OF : To be nominated by mayor 106 Salary 1634 Allowance for expenses, etc 194, 1635 Salaries of subordinates 200, 1635 DNDEX. 7G0 Section. JURORS, COMMISSIONER OF {anil Roud 1630 * Number o!' grand juiors to l>e drawn by 164!' 15c judge of qualifications of grand juror-- i 037 Hear claims for exemption* , 1637 Be clerk of board to draw grand jurors 1640 Furnish lists to district courts 1371 To select trial jurors 1Q['>:: May issue certificate of exemption 14JB8 Keep record of proceedings 1663 Collect fees 1 1663 Appoint clerks and tlx compensation 160-1 Designate assistant to attend drawing 1661 Administer oath 1664 Authorize assistant to administer oath " 1664 When lease rooms 1666 Hear and determine claims for exemption 1667 Summon persons to testify ns to liability 166K Return lists to county clerk 1669 Strike off those exempt or disqualified 1669 Prepare ballots of jurors ^ 1670 Attend drawing of trial jurors 167- Issue notice to jurors drawn 1678 Transmit to sheriff list of sheriff's jurors 1 68~» Serve notice on delinquent jurors 1686 How notice may be served 1686 Decide as to remission of tines 1686 Appeal from 1686 Issue warrant to collect fines 1689 File certificate of uncollected fines 1690 Receive fines or penalties 1691 Render annual account i 1691 Require corporation attorney to collect penalties 169-.' JURY FIXES: Hoard for enforcement of, who constitute 1087 appeal to. 1686 when and where meet 1687 powers of 1687 compel attendance 1688 compel payment of tines 1688 JUSTICE who allows one not an attorney to practice, penalty upon 1078 JUSTICES OF DISTRICT COURTS, salaries of 1548 .1 miser DISTRICT COURTS. JUSTICES OF SUPREME COURT, additional compensation to 1 108 And see SUPREME COURT JUVENILE ASYLUM. NEW YORK: Committal of children to * . .1608-1614 Mode of committal to 1608-1614 Discharge of those committed •• 161 ■"> Transfer of those committed 1616 Receive per capita allowance for children 194 JUVENILE DELINQUENTS, SOCIETY FOR THE REFORMATION OF: Commitment of children to 1.j94-1o97 Receive, instruct, and bind out vagrant or convicted children 1~>94 What criminals consigned to care of 159"> Who disorderly children 1396 Managers ascertain true ages 159"> Inmates guilty of arson or violence 1598-1600 Discharge of inmates on habeas limited 1604 To sue for penalties for violation of law requiring theatre licenses, etc. . 1999 Theatre licenses to be paid to -001 May obtain injunction against theatres, etc., opening without licenses. . 200"i Schools of, subject to board of education 1066 entitled to shire in school moneys 1060 770 INDEX. IK. Section. KEEPER OF PRISON cannot be bail 1490 KEEPERS, PARK '. 690 KEROSENE, sale and storage of 4*57 LADIES' HOME MISSIONARY BOOXBTY, Schools of 1063 LADIES' UNION AID SOCIETY, exempt from taxation 824 LAKE GLENIDA, water from 380 LAKE MAHOPAC, water from i 380 LAMPS: Penally fur injuring 852, 1954-1957 Authority of department of parks as to 691 LAMPS AND GAS, BUREAU OF 317 LAND UNDER WATER: Grants of, limited 729 Title of State to, may be conveyed to city 720 LANDS: Juisdiction over certain, ceded to United States 1633 Unclaimed, city to take 935 Wafer supply, proceedings for acquiring title to 367-378 A ml m STREETS, ft-:. OPENING OF. LARCENY: Second conviction for 1444 Intent to commit ' 1445 Robbery from person is 1446 LAW DEPARTMENT: Head of 36 Law business of the corporation and departments conducted by 215 Legal proceedings in opening streets in charge of " 215 Leases, legal papers, etc;., for department*, drawn by 215 Bureaus of, bureau of corporation attorney 216 bureau of the public administrator 216 Set CORPORATION COUNSEL.! CORPORATION ATTORNEY. PU BLIC ADMINISTRATOR. LAW LIBRARY: Established 1095 How controlled 109.5-1097 Provision for payment of expenses of 194 (sub. 17) LAW JOURNAL, for publishing court calendars, etc 1093 LAWS RELATING TO NEW YORK CITY', volumes of special and local, may be read in evidence 1107 LEAKE AND WATTS ORPHAN'S HOME, schools of 1066 LEASES: For departments, etc., to be drawn by law department 215 . Of wharf property by commissioners of sinking fund 180 By corporation, to be authorized by commissioners of sinking fund 181 LESSEES, when may redeem land sold for taxes 940, 941, 947 LEGAL NOTICES, publication of 1093 LEGISLATURE, city officers, etc., not to hold seat in 55 LEGISLATIVE DEPARTMENT 70-102 Sec ALDERMEN, BOARD OF. LEGISLATIVE POWER, in whom vested 29 INDEX. 771 Boctiotu LENOX LIBRARY, exempt from Uxatlog 824 LETTERS OF ADMINISTRATION to public aenc in 1264 Commissions from 1264 Money paid into court 1265 Appeals to general term in 1266, 1267 when to l>e taken ; 1267 to common pleas 1269, 1271 when to be taken 1271 judgment on 1272 to court 6f appeals 1273 undertaking on 1274 May issue warrant to seize chattel 123C Costs in 1276 When costs to plaintiff 1276 Costs of appeal 1276 When costs to defendant 1276 Costs on adjournment 1277 Stenographer's fees in 1276 Salaries of clerks' deputies, interpreter and stenographer 1275 Costs on appeal to common pleas 1276 MARKETS: Bureau of 125 Regulation of, as to cleanliness 538 Property of. how sold or leased 170 775 Section. MARKETS (continued); On piers 726 Powers of board of health as to 538 Ordinances in relation to. liny lie passed 80 MARKET PLACE IN NINTH WARD Rounds, use ami management of 129 Erection of buildings thereon 845 Provision for deficiency in assessment for 109 MARRIAGES: Registry of, kept iiy clergymen and magistrates 00'.' pcually for omission 605 * Record of.' kept by register of records 584 . Record of. l>v board of health 606 MARSHALS: Appointment of 1699 Number of *. 1699 Term of 1699 Vacancies in 1699 Paid by fees 56 Fees o'f 1710 Have powers and duties of sheriff as to taking property 1711 Reside in district of court 169H Give bond 1700 Failure to give bond waiver of appointment 170* When and how bond prosecuted 1701 Where bond prosecuted 1702 Judgment on marshals' bond 1703 Execution on judgment on bond 170:: Memorandum of judgment to be made on bond. . • 1704 Amount collected of sureties credited on bond 17()."i Complaints against 1706 When suspended or removed 1706 When bond renewed 1707 Serve papers and process from districts courts 1709 Notice by, of sales of property for taxes 855 surplus of sales 856 Warrants, etc, for tax on personal property 853 To take vagrants for examination 1464 Transcript of judgment against 139* tiled in common pleas 1398 execution thereon 1398 What process from district court served by 1302 Duty of, on arrest 1308, 1309, 1311, 1314 on attachment 1320, 1323, 1326 on replevin in district court 1334, 1335 Serve precept in summary proceeding in district courts 1357 With execution, liability of 1407 Costs against, when bond ordered prosecuted 1425 MASONIC ASYLUM, exempt from taxation 824 MASTERS OF VESSELS: To report draught to pilots. 211 1 To report certain passengers 2064 penalty for omission 2061 MATCHES, manufacture and storage of 456 MAYOR: Chief executive -officer of the corporation 31 When elected 31 Term of office 31 Salary of 52 Vacancy in office, how tilled 32 Office of, how rilled in case of sickness or absence 32 General duties of 103 Is a magistrate 104 Removal of 122 F.xpenses and receipt*, report concerning 105 776 I ^ i - h x. Section. MAYOR {continued): Clerks and subordinates of, appointment of 105 report concerning salaries and duties of 105 limitation to expenses for 105 Commissioners, appointed by 106 vacancies in ollicc of, how tilled 106 removal of 108 Heads of departments, appointed by lpo, 107 vacancies, how filled ; 106 removal of 108 Inspectors and sealers of weights and measure-, appointed by 106 number of 106 •» Officers, members of commissions, etc., appointed by 106 vacancies, how filled 106 removal of 108 Sealers of weights and measures, appointed by 106 Member of board to select deposit banks 165 board of commissioners of sinking fund 170 board of estimate and apportionment 189 board for lighting streets, etc '. 69 board of printing and stationery '. 60, 68 board street openings, etc 955 A commissioner of emigration 119 Excise commissioners, to nominate 109 Commissioners of common schools, appoint 1022 Marshals, appoint 1699 To approve ordinances and resolutions 75 Veto of 75 Papers to commence action may be served on 1105 Ollicc account of, to be published 105 Message of, to be published in " City Record " 80 To approve acts of aldermen acting as sii]>ervisors 88 To approve demand of board of police for use of military 269 To approve action of board of health in time of pestilence 580 Approve -tage routes 1948 May order matter inserted in "City Record 68 License planes of amusement 2000 License scavengers ' 112 To license hay scales Ill To issue licenses to auctioneers 113, 1985 to examine into charges against 1994 when licenses of, may be revoked and forfeited 1994 may commit for trial 1994 Report of chamberlain to 165 Report of commissioners of accounts to 164 When change places of holding courts 1074 Summons may be served on 1080 To appoint commissioners of accounts 110 To license public exhibitions 114 To license emigrant boarding-house keepers 115 To license emigrant transportation agents 116 To license runners for steamboats, etc 117 When to appoint places for holding courts 116 When application for removal from real property may be made to 120 To have power of certain police officers 121 To countersign warrants of chamberlain 123 To sign bonds for relaying pavements ■ 147 Licenses to be registered in office of 86 (sub. 20) MEATS, impure 566 MECHANICS' lien-: See LIENS MEDICINE: See PHARMACY. MERCANTILE LIBRARY : See CLINTON HALL ASSOCIATION. METAL, when discharged from vessels, pier to be protected 183 METEOROLOGICAL AND ASTRONOMICAL OBSERVATORY, estab- lishment and maintenance of 694 INDEX. 777 Section. METHODI8T EPISCOPAL ( 111 RCU HOME .»••■■ r.ADIKS' I NION All) SOI IK'J , MERCHANTS' and CLERKS' LIBRARY ASSOCIATION uxempl *ll METROPOLITAN ASSOCIATION OF AMATE1 K OARSMEN * Police to protect regattas of 294 Regulations for regattas of 295 METROPOLITAN Ml SKI M OF ART, contract with, bj dep Si Hum' <>f parks 697 MILITARY of FIRST DIVISION. assistance or, may he demanded by po- lice board 269 MINT, blanch, exempt from taxation , 824 MISDEMEANORS When special sessions may trv for 1588 Punishment for ". 1688 Special sessions has jurisdiction of 1583 MONEY: Paid into court, power of superior court and common plea-, over 1161 disposition of by marine court 1265 by courts generally 1085 Raised by taxation not to be given in aid of denominational schools. ... 61 .MORNINGSIDE AVENUE, assessments for 906 MORNINGSIDE PARK: Bonds to complete 152 Powers and duties of department of public works in reference t<< street.-. etc., bounding. 334-33* MORTGAGES: Indices of, kept by register * 1752 Chattel, to be filed with register 175" To be deposited with register 1764 Memorandum of certain, to be filed with register 936 what to contain 936 MORTGAGEES: When to redeem land sold for taxes, etc 940, 941, 947 Notice to, by clerk of arrears 936. 937 MOTIONS: In marine court, notice of 1240 In supreme court, when made 1117 may be made to judge 1117 MOTT MEMORIAL MEDICAL AND SURGICAL LIBRARY, exempt from taxation 824 MOUNT SINAI HOSPITAL, leave to 187 MOUNTED PATROL, where to be established 256 MUNICIPAL CONTRACTS, liens under 1824-1838 And let LIKSS. • MUSEUM OF ART, M ETROPOLITAN, contract with by department of parks : . . . 697 Enlargement of 698 MUSEUM OF NATURAL HISTORY, AMERICAN, contract with by de- partment of parks 696 Prepare plans 680 MUSEUM OF NATURAL HISTORY: Annual appropriation for maintenance of 194 Establishment and maintenance of 693 MUSEUMS IN CENTRAL PARE, expenditure for preservation of collection- in 702 MUSIC at parades on Sunday 194 1 778 i CDEX. Section. NAILS, in streets 1987 NA MES : • Common pleas has jurisdiction in clmngc IKio Clerk to n-port changes 1167 NAPHTHA, storage of 457 NASSAU STREET, elevated railways forbidden in 1944 NATURAL BISTORT, MUSEUM OF: N- MlKhTU 01 N VI 1 H.\L HISTOID NEGLECT OP OFFICIAL DUTY, etc., how punished R NETS. FISHING WITH In Hudson river 737 In Harlem or P^ast river 739 NEW YORK BALANCE DOCK COMPANY, cute of pf en, etc., by, permitted. Sll NEW YORE CATHOLIC PROTECTORY: See PROTECTORY. NEW YORK CITY LIBRARY ASSOCIATION, exempt from taxation. . . , 824 NEW YORK FLOATING DRY DOCK COMPANY, use of piers, etc., by, permitted 81 1 NEW YORK HOSPITAL, exempt from taxation 738 NEW YORK INFANT ASYLUM: See INFANT ASYLUM. NEW YORK .11 YENILE ASYLUM: See JUVENILE ASYLUM. NEW YORK ORPHAN ASYLUM, Schools of 1O66 NEW YORK SOCIETY FOR RELIEF OF RUPTURED AND CRIPPLED: Per capita allowance to 194 NIGHT MEDICAL SERVICE 297-302 Annual appropriation for support of 194 Registrar of vital statistics, to report standing of physicians registered. . 574 Fees of physicians, payment of 574 NIGHT SOIL: Removal of 560 Scavengers for removal of 112, 1090 Placing in slips, etc., penalty for 781 lieu for penalty on horse, cart, etc 781 N 1 N ET Y-SEVENTH STREET, bridge over Fourth avenue at I960 NINETY-EIGHTH STREET, closed at Fourth avenue 1901 NITRATE OF SILVER, manufacture and storage of 456 NITRATE OF SODA, manufacture and storage of 456 NTTRO-GLYCERINE, etc. : Manufacture and storage of ! 455 Licenses for sale of * 455 Vessels arriving in harbor with 455 NON-RESIDENTS: Testimony in offenses against 1467 Witnesses examined de bene 1468 NORTH RIVER, matters not to be deposited in waters of 740 A .irf Me HUDSON RIVER. NOTARIES: Powers of, extended 1713 Appointed for adjoining counties 1713 Number of 1712 Fee on filing oath 1712 INDJ K. 779 Section. Sol L OK ISM L Only one needed 108-J Of a passed eause 1088 In marine court 1241 NOTES during epidemic 80064601 NOTICE: Motions upon — 1117 ' Of trial in marine court * 1240, 1241 Of motion in marine court 1240 Of sale, how given 1087 Of trial, only one necessary 1084 NOTICES, LEGAL, how published 1093 NUISANCE, place of trial of indictment for 1441 Near boundary of city 1441 Abatement of. by suit 63G-648 * And HEALTH, DEPARTMENT OK. NUMBERS OF HOUSES, when may be altered 1881 NURSERY AND CHILD'S HOSPITAL Per capita allowance to ' 194 Share in school fund 1060 NURSERY FOR CHILDREN of poor women, exempt 824 o. OARSMEN. Amateur Metropolitan Association of. regattas of 294, 29j OATH OF OFFICE : When taken 54 By members of police force 270 By members of uniformed force of tire department 439 OATHS : Justices of district courts may administer; 1473 What police officers may administer. .• 201 OBSERVATORY, METEOROLOGICAL AND ASTRONOMICAL: Annual appropriation for maintenance of 194 Powers of department of parks as to 693 OBSTRUCTIONS : On public streets, removal of 324 Iu streets, dangerous to health, removal of 538 In harbor 732, 785 OFFAL : . Not to be thrown into harbor 751 Transported only by steam 752 OFFENDERS : When arrested, how disposed of 279 rules regarding undue detention of 279 OFFICE, when forfeited 57, 59 OFFICERS OF CORPORATION : Term of office of those appointed by the mayor 106 Vacancies, how filled 106 Term of office when appointed to till vacancy 106 How removed 108 Expenses for contesting offices of, paid to prevailing party only 211 how paid 211 Corporation counsel may assign counsel to, in summary examinations. . 211 Expenses of, for counsel in summary examinations 211 Not to bold office under State or United States government 55 Accepting another office under corporation vacates one held 55 Accepting seat in Legislature vacates office held under corporation 55 Not to hold two city and county offices : 55 exception 55. 780 INDEX. Section OFFICERS OF CORPORATION {eenlip ted Summary examination of 60 subject of inquiry 60 proceedings therein 60 Appointments and removals of. notice of, when to be published 51 List of, to be published annually 68 ■what to contain 68 Salaries of 52, 48 restriction as to subordinates ' 52 Certificates of appointments of r>;-; Oath of office, when taken 54 Bribery of, punishment 58 Violating laws a misdemeanor 57 Frauds committed My, upon the city, a misdemeanor 57 Converting public property by, a misdemeanor 57 When ollice shall be forfeited 57 ( 59 Contracts, etc., not to be interested in. '59 penalties 59 ( ompensation, a misdemeanor to give any part of, for appointment. ... 59 Noexpcnse incurred by, unless an appropriation for 46 Accountability of. common council to provide for 95 Fees, percentages, etc., received by, property of city 56 marshals excepted * 56 To be paid a fixed salary 56 Fees, percentages, etc., to be reported to comptroller and paid chain berlain 56 Salaries of certain, fixed and reduced by boaid of apportionment 202 limitation of increase 202 Salaries of certain, may 1m- tixed by common council 97 Mode of payment 123 Accountability of, provisions for 95 OFFICIAL CANVASS, printed in detail in City Record 6* OLD ORCHARD SHOALS, jurisdiction over, ceded 163:; OMNIBUSES : •»- STAGES. OPENING SQUARES AND PLA< KS 97:; Limits of assessment on .' 973 Deficiency not assessed as 996 Opening streets ; 8M STKKKTS, rt.-„ OPENING OF ORDER to support family ■ 1455 ORDINANCES Certain salaries to be prescribed by 97 To be reduced to code and published 98 Police board to cause enforcement of 252 Actions for penalties for violation of. in what name to be brought 216 For accountability of officers 96 ORDINANCES AND RESOLUTIONS Legislative acts to be by 74 When majority vote required to pa&s 74 When three-fourths vote required to pass 74 When four-fifths vote required to pass 74 When unanimous vote required to pass 74 To be presented to mayor for approval 75 Action on liis disapproval 75 When to be published before passage 80 Vote on final passage to be published 80 Continuance of, in force 84, 85 Penalties for violation of 85 May be passed for certain purposes 88, 95 Certain, as to salaries declared void 96 ORPHAN ASYLUM. NEW YORK Schools of .- 1068 INDEX. 7M Section. 01 BR AND TERMINER Jurisdiction of 1809 Places for holding to be assigned bj common council 91, 1506 Who to hold 150S Fines imposed hy 1509 Salary of clerk and deputy of • 1518 Clerk of, to reside in city 1618 nay over fines 1509 to issue subpoenas 1511 may appoint deputy 1510 to rile record of convictions with bureau of elections 1871 Stenographer for 1512 OYSTERS, in Harlem river 767 OYSTER BOATS, wharfage on '. 799 PAPERS FOR CORPORATION ADVERTISEMENTS 86 PAPERS . When copies of, to be furnished by departmi ats 50 Wheu open to inspection 50 PARADES: In streets 1939-1942 on Sundays 1941 PARES: No railway in 194C Funds for "improvement of, how obtained 189 And *rc PARKS, DEPARTMENT OF. ' PARE COMMISSIONERS: ft'te PARKS. I'EPARTMENT OF. PARRS, DEPARTMENT OF: Head of 42 Parks, streets, and public places, under control and management of.. .668-611 Certain stock to be issued oil requisition of 140 Debts, obligations, etc., in behalf of, not to be created by officers 701 General powers and duties of 668-703 Powers of, as to grades 1964, 1965 Fix certain pier and bulkhead lines 730 Streets bounding parks, improvement and maintenance of 689 Powers of, over boulevard and streets above Fifty-ninth street trans- ferred to public works 956 to have authority as to placing lamps in parks, etc 69 President of, member of board of street openings, etc 955 salary of 52 Commissioners of parks, number and term of office of 42 general powers and duties 668-703 no salaries to other than president 52 personal expenses reimbursed 701 uo power to create debt not authorized at meeting 701 Keepers of public parks, etc., appointment of 690 powers and duties 690 temporary force, when to be appointed 690 Twenty-third and Twenty-fourth Wards, bridges and tunnels in, plans for, and location of 671 powers of department as to 957, 958 public improvements in, proceedings for, how taken and prose- cuted 671 parks in, control of, maintenance and construction of 671 streets, roads, etc., in power to locate, lay out and maintain 671, 957 width and grades of, how established : 671 exceptions 671 not to be constructed through railroad station grounds 671 Section. PARKS, DEPARTMENT OF eo tin mQ Twenty-third and Twenty-fourth wards, maps of territory in 679 duties of department in reference to plans and m.ip-i oi Erects in. .672., 673 acquiring title to lands for streets in 677, 958 •.ewers, construction and maintenance ol (>?] make requisition for money for expenses in 152 Harlem river and Spuvten Duyvil creek, improvement of 675 bridges over 676 department to acquire title to lands for improvement, etc., of 678 to sites for bridges over 959 Mattery place, portion of, under control of park department 66'j buildings, docks, and piers to be erected tbereon 669 rules and regulations for use of 669 Central park, gifts, devisee and bequests, for benefit of 700 military encampment •., etc., in, prohibited 692 museums, etc., in 693-697. 702 entrance to, completed 680 Morning.-idc park, bonds issued for 152 Manhattan square, powers as to streets surrounding 694 to be Improved and connected with Central Park 682 Parks, squares and public places. moneys for improvement and maintenance of, to applv to adjacent 'streets 689 streets and avenues bounding, surface construction of, how deter- mined 688 trees may be planted in 688 seats, drinking fountains, etc, placed in 688 statues and works of art placed in 688 Riverside avenue and Park. under control of department of parks 668 Botanical and Zoological Garden, may be established and maintained 694 admissions to 695 income from, how applied 695 management and maintenance of 695 Museum of Natural History, construction and maintenance of 698 appropriation for maintenance of 194 contract with American Museum of Natural History for occupancy of building ; '. 696 also, for establishing and maintaining 690 Galh-iy of Arts, construction and maintenance of 693 equipment and furnishing of 693 appropriation for maintenance of 194 contract with Metropolitan Museum of Art for occupation of 697 enlargement of 698 also for establishing and maintaining 697 Meteorological and Astronomical Observatory, erection, furnishing and maintenance of 693 appropriation for maintenance of 194 Museums, etc., sum to be expended for preservation of collections in 702 Maps of plans and of grades, filing of t 681 Fourth avenue, improvement of parks in 683 Washington square, to be preserved as a park 684 Reservoir square, to be used only as a park 685 Broadway, portion of under control of department 687 Lamps in parks, authority of department as to 691 Fire apparatus houses, location for, in parks 699 Plots mapped by department. subdivision of , by owner 703 PARK KEEPERS 690 PARK ROW, elevated railway forbidden in 1944 » INDEX. 7>*:> Section PARTITION FENOJfS and walls, ordinances in relation to, maj be pat* d 86 IWSSENtJERS: certain to be reported 8064 emigrant . booking offices for 2052 emigrant, where to be landed 8086 Ana m BsnoBAKra PATENTED PAVEMENTS AND ARTICLES, provisions ai to purchasing, etc 6:: PATENTED ARTICLES, when used 68 PATENT HYDRANTS, etc.. condition on which they may be used 864 PATENTED PAVEMENTS, except for repairs, not to be used 68 PATROLMEN, to be assigned to each poll 266 PAUPERS, transfer of: 8m 0HARITIE8 AND CORRECTION, DEPARTMENT OF * PAVEMENTS: Patented, when used 88 Removal of, permit required for 898 Belaying of, proceedings when not properly done 32:: expanses Of, when done by city, u Ben 00 property 328 how collected ". 868 E\peiws of relaying in certain cases, how paid 147 Repavement certified by commissioner of public works 194 expenses of, when borne by general taxation 194 Assessments for relaying 877 PAVING; Done by city 878 expenses for, etc .• 878 assessments for 875, 87* PAW NBROKERS: Common Council regulate 86 Books may be examined, by superintendent aud captains of police 284 by police justices 1568 Property may be examined 284 Licensing of , and seenrity by 89 Penalty for*violation of ordinances by 89 - PAYMENTS: To be indorsed on contracts 04 Of officers and employees, mode of 121! By the corporation, how made 12" PENALTIES: Actions for, in what name brought 216 For violation of ordinances N5 Disposition of, for violation of ordinances 86 (sub. 23) Actions for, by city in district courts 1290 For falsely representing police officer. - 280 For falsely representing officer of health department 627 For violations of sanitary code 575 Pawnbrokers, for violation of ordinances by 89 For violations of regulations by scavengers." 112 May be provided for selling firewood without license 86 (sub. 36) For falsely representing member of fire department 434 For obstructing hydrants 446 For not removing shavings 452 For not closing hoistways, etc 453 For kindling fires in streets 45'.' For fire in chimney 452 For injury to fire telegraph, alarm boxes, etc 429 Actions for, by fire department -. 431 For selling kerosene, etc., without license 458 For violations of provisions respecting combustible and explosive mate- rials 455 For violations of provisions in respect to construction, etc., of build- „ ings 505. 508 For defacing public urinal* 347 784 INDEX. Section. * PENALTIES (continued 4> Croton lake, reservoirs, etc., lor depositing offensive matter in 362 For obstructing harbor and violations of harbor regulation'-: ,SV« HARBOR AMD WATERS. For violations of regulations of dock department 717 For building pier beyond line 732 PENITENTIARY, keeper of, how to keep prigtonen 1493 PENSIONS: Police. ' - X'l.h h hEI'ARTMENT. Fire. fire FIRE DEPARTMENT. PERCUSSION CAPS, manufacture and storage of 456 PERFORMANCES, dramatic: fife THKATRES. PERJURY: False swearing before comptroller, is 123 False swearing in investigation as to origin of fires, is 460 False swearing in proceedings under rules of police board, is 251 PERMITS FOR BUILDING, etc,, to Ik- reported to conuBiwlenen of taxea 823 PERSONAL TAXES . See TAXES. PERSONATION: False, of member of police force 280 of member of fire department 434 Of officer of health department ; 627 of elector 1904 PESTILENCE: Measures in view of 58 Expenditures by health board during 580 PETROLEUM: Crude, sale and storage ol 457 refined 457 Licenses for sale of 458 Lights, etc. , near warehouses for, prohibited 460 PHARMACISTS; Examination of 2018 fees for 2019 To be registered 2019 * fees for 2019 Responsible for quality of drugs dispensed 2020 exceptions '. 2020 Penalty for adulterating drugs : . . . 2020 Sale of poisons by 2021 Registry of, what to contain 2019 PHARMACY: Persons conducting, to be registered 2010 qualifications necessary' 2016 Graduates of, meaning of term 2017 Licentiates in, meaning of term 2017 Physicians' prescriptions not to be prepared by apprentices 2017 Board of, of whom composed 2018 term of office and vacancies 2018 powers and duties of f 2018 PHOSPHORUS, manufacture and storage of 456 PHYSICIANS: To jail 93 Poisons , sale of by 2022 And see POISONS. To Coroners 201, 1769 And see CORONERS. Contagious diseases, report of, by 608 Sick, report of, by 608 index. ~,y:> ction. PHYSIC 1ANS < uiUiit <( Dead, report of, by ». «0h penalties for neglect 010 Affidavit as to patients sick of contagion* diseases 609 Night medical service 997-402 PICKPOCKETS, how punished 1447 PIERS: Erections on .772, 774 licenses therefor 772 Public use of certain, preserved 773 .Markets on 725 Obstructions on, removal of *. 775, 777 expenses, when paid by owner 77C merchandise, when seized and stored 777, 778 advertisement of....« : 77!) sale of. .. 779 Loose material, regulations for taking from vessels 782 Iron and metal, regulations for unloading 783 Anchors, etc., not to be dragged over 783 To be kept clean by owners 784, 785 Certain, 6et apart tor regular lines 786-788, 793 North river canal boats and barges, provision for 789-792 additional harbor accommodation for 804, 805 Derricks, erection of, on 790 Harbor masters, duties of, in reference to certain leased 794 penalty for resisting 795 Certain, set apart for farm and garden produce 707 Deemed to extend into streets 771 Copy of permit for erection of, furnished commissioner of taxes 823 PIER AND BULKHEAD LINES: Establishment of. for Spuyten Duyvil improvement 675 A nd me DOCKS. DEPARTMENT OF. PILOTS: Sandy Hook. how licensed 9097 license of, revoked 2097 give bonds 2099 fees for detention 2105, 2106 services of, in harbor 2107, ^108 carried to sea 2110 one first offering entitled to pilotage 2119 to report certain violations to pilot commissioners 810 rewards for .* 2112 suspension of 2113 duty of, as to quarantine 2121, 2122 entitled to take out vessel brought in by 2100 rates of pilotage 2101, 2102, 2104, 2107, 2108 complaints against 2114, 2115 penalty for acting without license 2120 fees on detention 2105, 2106 Hell Gate 2124, 2142 portwardens make rules for 2126 to be appointed by governor 2125 to be examined by portwardens 2125 apprentices to 2125 first offering 2131, 2133 extra allowances to 2132 PILOTS, COMMISSIONERS OF: now elected 2093 Term of 2093 Take oath of office 2094 Choose secretary 2095 Establish office 2095 Keep book9 2096 Suits by 2123 Vacancies in 2093 When to meet • 2095 Duty of secretary of 2096 Aid pilots with accounts ? 2118 INDEX . Section PILOTS, COMMISSIONERS OF {continued^, >Fuy direct where scows for ashes to be stationed 747 When examine steamboats 746 Power of, as to obstruction! in harbor 732, 786 Keep piers, &c, ch ar and slips dredged 784, 777 Remove fish poles 736 Notices by 2123 Keep register of pilots 2096 License pilots 2097 How examine applicant for license 2098 Revoke licenses 2097 Suspend licenses 8118 Sue pilots' sureties 2099 Regulate pilot bouts 2100 Make and alter regulations 2100 Impose fines 2100 Require accounts for pilots v . 2100 Collect percentage of pilotage 2100 Provide rewards 2112 (Irani reheuring to pilots 2113 Examine complaints against pilots 2114 (Jive opportunity to be heard 2 1 1 r* Summon witnesses 2116 Examine under oath 2116 Decision conclusive 2117 Duties of in reference to obstruction on p|en 777 When to store merchandise on piers 777, 778 . To advertise and sell such merchandise 779 To cause- piers to be cleaned and repaired 7*4, 7*5 PILOTAGE: I lellgate, suits lor 2128, 2134, 3142 rates of 2129 half : 2131 disputes as to 2140 in case of detention 2132 Sandy Hook, rates of 2101, 2108 who liable for 2109 coasting vessels exempt from : 4 2119 PILOT BOATS, at Hellgate, who interested in 2128, 2138 PIPES, to Governor's Island. United States to lay 754 PITCH, quantity of, stored 456 PLACE OF TRIAL: Of removed actions 1132 Of indictment for nuisance 1441 PLACES AND SQUARES. Opening of 973 Limits of assessment on 97S Deficiency not assessed on - 996 PLACES OF AMUSEMENT : Firemen detailed to 454 For obscene purposes, suppression of 285 arrest of offenders 285 And nee THEATRES. PLUMBERS, registered list of published in City Record 68 PLUMBING, power of board of health as to 501 POISONS: Regulations concerning sale of, by retail 2021 Laws relative to not to apply to practitioners of medicine 2022 Penalties for violating law3 relating to 2023 when recovered, to whr>m paid 2024 INDEX, 7>7 Section. POLICE DEPARTMENT Head of, of whom to consist 37 Govi'rninfiit of, to be prescribed bj board of police 250 Persons holding office under, exempt from jury mid military duly 275 Publication of names of applicants for appointment to ofllce in 268 Personal property of, may lie sold when not required 256 (Jrant permission for parades 1940 designate streets lor , 1940 To co-operate with tire department 443 Members of, cannot be bail 1489 Salaries of persons connected with 274 Abandoned property, and property supposed to have been feloniously obtained 288-293 Board of police, president of. election of '. / 264 powers and duties of 264 when to act as superintendent 266 to be on board of health 41 treasurer of, selection of 264. to give bonds 264 powers and duties ■. . 264 to prescribe rules for government of department 250 to enact and modify rules of discipline of subordinates 250 to compel attendance of witnesses 251 who may administer oaths in proceedings before 251 false swearing in proceedings under rules of, perjury 251 to cause ordinances to be enforced 252 to furnish information 252 to provide house for detention of witnesses 253 to establish station-houses, etc 254 to maintain lines of telegraph 255 to procure steamboats, etc 256 to establish a mounted patrol 256 to procure horses and vehicles 256 to cause experienced person to attend police courts 257 to provide lodging for vagrant and indigent persons 258 to offer and pay rewards 259 to continue bureau of elections 260 to appoint chief of bureau of elections 4 . . .260, 1845 to perform duties relating to elections '. . . . 260 to co-operate with board of health 261 to enforce sanitary rules 261 to pay members of the force • 262 to furnish stationery, etc 262 members of, to hold no other office 263 officers of, their election and duties 264 to assign duties to police surgeons 267 may appoint special patrolmen 269 to punish niemlKTs of force, on conviction, etc 272 duties of, in respect to inspection of steam boilers 310-313 to fix salaries of clerks, etc 274 may permit gifts to members of force 276 to keep course, etc.. for regattas of association of amateur oarsmen. 294, 295 to appoint policemen designated by telesrraph companies 314 qualifications, uniform and pay of persons so appointed 314 duty of, as to elections 260, 1846, 1847. 1849. 1850, 1873 Bureau of elections, continued in office of department 260 to be regulated by police board 260 And m» ELECTIONS. Captains of, number of 265 salaiy of 287 powers of, relative to pawnbrokers, venders, junk-shop keepers, junk boatmen, cartnien. dealers in second-hand merchandise, intelligence office keepers and auctioneers 288 may administer oaths 251 may examine pawnbrokers' books, etc 284 mayor to have power of 121 duty of. as to copy of registry of voters 1865 788 INDEX. Section. POLICE DBPABTEENT (continued): Chief of bureau of elections, appointed by police board 260, 1845 salary of 260 removal of 260 Chief clerk of, and deputy, may administer oaths, etc 251 ( 'ommissioncrs of, number of, and term of office 37 salaries 53 each may administer oaths, etc : 251 to hold DO other office 268 to elect officers of police hoard from their number 264 are trustees of police pension fund 303 expenses of successful, in proceedings to remove, to be audited and inserted In tax levy. 196 bonds to be issued to pay expenses of proceedings for removal 155 assist commissioner of jurors 1665. Doormen, number of 265 salary of 287 False personation of member of police force 280 Inspectors of, number of 265 salary of 287 may administer oaths * 251 Mounted patrol 256 Night medical service 297-302 Pension Fund, police commissioners to be trustees of : . . . . 303 officers of board of trustees of 303 duties of trustees of *. 303 to be paid over to trustees 304 of what to consist 305 pensions, when to be granted 306 provision for retired policemen 307, 308 pensions, when to cease 308 pensions, when granted for disability or disease 309 Police force, of whom to cousist 265 qualifications for membership 268 members of, to receive a warrant of appointment and take oath of office 270 promotions m 271 punishment of members of 272 members of. how removable 272 not to resign 273 exemption of members of, from military and jury duty, arrest on civil process and service of subprena 275 not to receive gifts without permission of board 276 powers of members of 277, 278. 282 arrests by. duties in case of 279 violence towards members of, how punished 280 falselv personating member of 280 duties of 282 to regulate booths at polling places 286 salaries of members of 287 to enter places of amusement ,. 2004, 2013 Patrolmen, number of 265 increase of, yearly limited 265 salary of 287 employment of, on other than patrol duty 256 detailed to election polls , 286 Process, criminal, by whom may be served 281 Property clerk 288-293 Sanitary company '. 296 Sergeants of, number of 265 salary of 287 may administer oaths 251 Special patrolmen, when may be appointed 269 Steam boiler inspection 310-318 INDEX. 789 Section POLICE DEPARTMENT (continued): Superintendent of. , salary of 52, 287 may administer oaths, etc 251 vacancy in office of 266 powers of 283, 284 duty of, in reference to gaming houses 285 to detail patrolmen to election polls 286 mayor to possess powers of 121 Surgeons of, number of 265 duties of, to be assigned by police board 267 to aid sanitary inspectors 267 salary of 287 POLICE COURTS: Annual appropriation fur expenses of 194 (sub. 18) Experienced person to attend for police department 257 salary of interpreters of 1546 .4 certify cost of, to board of assessors 888 Morningside park, duties of, in re spect to .streets, etc., bounding. .33-1- ;(3* to lay out street from Tenth avenue to Avenue St. Nicholas 339 to grant locations for apparatus houses for tire department 843 county court house, when to complete work on 844 market place in Ninth Ward to be prepared for occupancy by 345 urinals, to be established ami maintained by 847 to report arrears of water rates 921 members of board of street openings 955 to provide accommodations for court of sessions 1518 powers of, as to grades 1963, 1965 PUMPS, assessments for 884 PUNISHMENT for official neglect of duty. 57 For bribery of city officers, etc 58 For officer being interested in contracts 59 For second offense 1443 For buying stolen property 1453 PUTNAM COUNTY, lakes in, use of water of 380 PUTRID SUBSTANC ES, removal of 541 Q- QUEEN'S C OUNTY, apportionment of debt with 82 QUORUM : Aldermen, majority of. is 70 Boards, majority of, is 46 JFL. RAFTS, when to be removed by dock department 728 RAGS: When seized and sold 547 • Storage of 462 RAILROADS IN STREETS: • Forbidden in parts of Broadw ay, Fifth and Fourth avenues 1946 Forbidden in parks 1946 Elevated, forbidden in certain streets and places 1944 When mav be constructed in streets 1943 Tracks, sa"lt on 1938 processions on * 1939 To provide and use hose-bridges 445 REAL ESTATE: By whom sold under judgment 1088 • Meaning of term in provisions for acquiring land, etc., for water sup- ply 879 RE-ASSESSMENT, when authorized 905 RECEIPTS AND EXPENDITURES OF CORPORATION, comptroller to publish annual statement of , 126 RECEIVER: Clerks, deputies, etc., forbidden to be, without consent 1079 Auctioneer's fees not divided with 1696 794 [NDEX. Section. KBCEIVKK OF TAXES: Chief officer, bureau collection of taxes 125 General powers and duties ( 835 TaZM, to receive, ]>ersonalIy 839 Bond of 835 bond 838 New when to cease to be a lien .'..». 835, h:;7 Olhce of. Where to be kept 838 when open 838 Suspension of, ami causes for 851 Temporary successor, when t<> be appointed 851, 852 Assessment rolls, notice respecting 841 Return at Unpaid taxes made to. clerk of arrears annually 922 Duties of, under ael creating bureau collection of personal taxes 859 Comptroller to adjust accounts, of 837 Give notice win n taxes payable 841 Demand taxes of incorporated companies 848 Hooks to be kept by 849. 850 Statement rendered -by 849 To pay to chamberlain 849 When may issue warrant for unpaid taxes 853 To report unpaid taxes ami water rents * 922 To give information to assessors 869 Deputy receiver of taxes, duty of 839, 8.10 bond of 835 w hen to cease to be a lien 835, 837 new bond 838 Deputy receiver of taxes, suspension of. and causes for 851 temporary successor, when to be appointed 851, 852 daily statement of taxes paid rendered to comptroller 850 RECEIVING STOLEN PROPERTY, punishment for 1453 RECOGNIZANCES: When and how judgments on vacated 1483-1485 Conditions of ». . 1476 To appear, w here tiled 1470 For good behavior 1461 where filed 1472 costs on 1471 To leave the state * 1460 Judgment on 1480 Common pleas, jurisdiction over 1480 Fees on 1481 For appearance, by whom taken 1486 For disorderly person 1460 ■where fifed 1460 how sued 1460 To keep the peace 1469 where tiled 1472 when and where forfeited 1472 cause of forfeiture 1472 procedure when breach of, alleged 1474 amount of fine may be imposed on discharging 1473 costs on taking recognizance 1471 fines and costs paid over 1473 Witnesses compelled to give 1591 For trial at special sessions 1583 Forfeiting and docketing 1480 Forfeited, judgments on discharged 1163 Forfeited, duty of district attorney as to 1472 No costs against city on 1482 When common pleas may vacate judgments on 1163 Judges of general sessions may vacate 1484 Costs on 1471 Amount bf 1567 RECORD OF COMMITMENT: For vagrancy to be filed 1563 form of 1563 INDEX. 795 Section. RECORD OF CONFIRMED ASSESSMENTS US RECORDS: Of transact ion s to l>e kept by department 51 of criminal business t<> be nude and preserred 98 Public, certain, to lie deposited with clerk of board of aldermen 77. 78 Of BttperiQr citj court, when ordered copied 1145 RECORDER: Election of 1519 Vacancy, how filled 1619 Salary of 1520 Term of 1519 No compensation beyond salary 1520 Chambers for 1524 Is a magistrate 1520 May hold general sessions 1520 Member of board of revision and correction of assessments 8(57 Commissioner of the sinking fund 170 Member of board of revision of assessments 867 Member of board of commissioners of sinking fund 170 Commit vagrants 1465 Take recognizance for disorderly person 1460 Commit children to almshouse 1463 Allow appeal from special sessions 1593 REDEMPTION: Of land sold for taxes, etc., time for 940-942, 947 Interest allowed on 948 A nd t*e SALES. REFEREE: Clerks, deputies, etc.. forbidden to be, without consent 1079 May sell real estate 1088 Auctioneer's fees not divided with 1996 REFERENCE in Marine Court 1244 REFORMATION OF JUVENILE DELINQUENTS, SOCIETY FOR, commitment of children to 1594-1601 REGATTAS: Of association of amateur oarsmen 294 Police keep course clear 295 REGISTER, DAILY, newspaper, authorized 109» REGISTER: When chosen 1737 Vacancy in office of % 1738 Reside in city 1739 Receive conveyances, wills and documents on deposit 1758 how withdrawn 1759-1761 Keep and tile account of fees 1762 Office hours. . . *. 1741 Transmit to secretary of State account of fees 1763 Assign clerk to care of records 1742 Appoint deputy 1740 Powers of deputy 1740 Vacancy filled by governor 1738 Appoint assistant deputy : 1740 Time within which searches made '. 1743 Compensation of searchers '. . . . 1742 Liable for errors in searches 1743 Rights and powers of 1744 Fees of 1757, 1765 Make indices 1747, 1751, 1752 Deeds to l>e recorded by 1744 To note in deed time when left for record 1750 Chattel mortgages tiled with 1753 to be numbered and indexed 1756 when re filed 1754 copy of . . . .• 1755 Memorandum of incumbrances 1746 Effect of failure to record conveyances, etc 1748, 1749 7% INDEX. Section. REGISTERS (onuinued) Transcripts certified l>y 1745 SfOTtgagea to loan COmmLW, College of the Oity of New York, formerly the free academy 1055 erected into a college 1055 a body corporate 1055 powers and privilege* 1055 trustees of 1056 powers and duties of 1056 laws applicable to , . . 1057 expenses for support of 1059 limitation to 1059 president of, one of trustees 1056 Commissioners <>( common schools, number of. . 1025 appointment of 1025 terms of office 1025 general powers :md duties 1031 vacancies, how rilled 1025 not to hold other offices 1022 office of, when lo be declared vacant 1031 to serve without pay 1044 expenses allowed 1044 costs iu suits against 1048 Corporate schools, reports from, concerning school moneys 106b trustees, of, may convey sites and school-houses to corporation: . 1067 terms of conveyance 1067. Denominational. 8m relkhous and denominational schools. Evening schools, establishment of 1028 Expenses. certification and audit of 1036 examination and audit by inspectors 1034 fitting up to be done by contract 1037 Free Academy * 1037 See COLLEGE OF THE CITY OK NEW YORK Free Academy for Females, may be organized 1027 sites and buildings for 1027 Inspectors of common schools, appointment of 1024 terms of office 1024 vacancies, how filled 1024 powers and duties of 1034 annual report of 1034 to serve without pay 1044 expenses allowed 1044 must be residents of ward 1025 when certify to necessity of new school 1027 sign licenses to teach 1040 concur in revocation of license 1040 audit and certify expenses / 1034 examine schools 1034 to approve removal of janitors 103b Nautical school, establishment and maintenance of 1068 purposes of 1068 powers and duties of the board of education concerning 1068 executive committee for care, government and management of 1070 expenses for conducting 1071 committee of council from Chamber of Commerce 1072 duty of 1072 New schools, establishment of 1027 appeals to State superintendent respecting 1027 how organized 1027 buildings for, erection of 1037 Normal schools. provided for 1028 by whom attended 1028 INDEX. SO] Section. SCHOOLS (nmtiiii'fii) Personal property, not required for vise, disposition of 1027 held by trustees 1035 Principals mid vice principals, api>oinltnent of 1027 Public School Society, transfer of corporate property of, to city 1030 trusts and estates of. vested in board <>' education 1030 Repairs, when approved by board 1029 Scholars, classification of 1028 School buildings, when exempt from taxation 827 when school discontinued 1027 contracts for sites and repairs, when requiring consent of board. . . 1037 School districts, city divided into 1023 School moneys. apportioned by the State, paid to chamberlain. 1028 apportionment of 1028 copy tiled with chamberlain 1028 schools entitled to 1063 account of, rendered by trustees 1035 sectarian schools, no part to be apportioned to 10(52 reports required from schools, etc., participating in 1004 School ofticers, place of residence 1049 removing from place of residence vacates oflice 1049 oath of office 1050 effect of omission to take 1050 charges against 1027 how investigated 1027 when procure schoobhouse 1037 - when erect school-house 1037 causes for removal 1027 when guilty of misdemeanor 1027 witnesses compelled to attend investigations into conduct of 1028 penalty for neglect of duty 1046 false teports : 1047 misapplying public funds 1046, 1047 contracts, not to be interested in 1045 School property, title to, vested incorporation 1027 ctre and control under board 1027 suits respecting brought in name of board 1029 Schools, ( to be numbered 1052 to be free 1051 classification of 1053 discontinuance of 1027 examination of, by board 1028 by commissioners. 1031 by inspectors 1034 bv superintendent 1040 Bible "in 1062 ages of children entitled to attend 1051 Schools for colored children, establishment of .- 1028 Sectarian schools, not entitled to school moneys 1062 Sites, purchase of, approved by board 1029 provisions for additional 1027 Studies, classification of 1054 Suits and actions, against commissioners or trustees, costs in 1048 as to property in name of board 1029 Superintendent of school buildings, appointment of 1027 duties, powers and salary 1027 oath of office 1041 security for performance of duty 1041 rules and regulations concerning 1041 802 INDEX. Beet ion SCHOOLS [continued) Superintendent of BChooU, appointment of 1027 duties nnd powers 1027 oath of office 1040 term of office 1040 removal of 1040 salary of 1040 subject to rules and regulations of state superintendent 1039 appeals from 1040 annual report of 1039 reports as to use of sectarian hocks, etc 1040 of schools visited 1040 to trustees 1040 of licenses to teach and revocation-. 1040 to examine teachers 1040 to sign licenses to teach 1040 to recommend removal of teachers 1042 Supplies, regulations for furnishing 1028 when obtained by contract 1028 Teachers, appointment of 1028-1066 examination of 1040 Ik-eases to 1040 rcvocal of 1040 appeal 1040 re examination of 1040 removal of 1042 appeal to the board of educatiou 1038 reinstatement of 1038 not eligible as commissioner, inspector or trustee 1045 salaries, classification of 1028 principal, keen record of scholars' attendance, etc 1031 when removed by trustees 1038 appeal to State superintendent 1040 form of oath of 1043 for normal, evening and colored schools 1028 . Title of school property to be in city 1029 Trustees of common schools, appointment 1025 terms of office 1025 vacancies, how filled 1025 reports made to commissioners sent to board 1031 powers and duties of 1035 annual report of 1035 office of, when declared vacant 1035 meetings of *. . . . 1035 to serve without pay 1044 to nominate principals and vice-principals 1027 notice to be given to. of intention to discontinue a school 1027 when ueglecting schools 1027 consent to discontinuance of schools 1027 application of, to establish new schools 1027 costs in suits against 1048 when appoint teachers 1035 manage schools 1035 furnish supplies and make repairs 1035 keep accounts of moneys and property 1035 keep minute books 1035 hold property 1035 render accounts and pay over balances 1035 certify to expenses 1036 •what teachers removed by 1038 remove janitors 1038 recommend removal of teachers 1042 Ward schools, premises and property in keeping of trustees 1035 conduct and management of 1035 supplies for, alterations, repairs, etc 1035 books of accounts 1035 INDEX . sir, SCHOOLS {amtinvtd): Ward schools, books of attendance L OW when taken iii charge by board 1027 SCOW'S, (Washes, ele., to lie stationed .• 747 SEAL: Of court of arliitration 1786 Special sessions 1586 To lie used by common pleas acting as surrogate 1187 SEALERS AM) INSPECTORS OP WEIGHTS AND MEASURES: Appointment and removal of 106 Ordinances regulating duties ami fees of 87 Districts assigned to 87 SEAMEN: >.v SAILORS BEARCHES: Fees for certain, may l>e regulated by ordinance 86 In county clerk's olllce, fees for 1723 time tor making. 1725 liability for errors in 1725 lu register's office ? 1765 lime for making 1743 liability for errors in 1743 SEARCH WARRANT, when executed. 1497 SEARCH WARRANTS, under game laws 1306 SECOND AVENUE, elevated railways forbidden in, below Twenty-third street 1944 SECOND HAND DEALERS, powers of police over 288 Licensing of, ami security by 89 Penalty for violations of ordinances by 89 SECOND OFFENSE, punishment for 1443 SECRETARY, boards may choose 46 SECURITY : For costs in marine court 1235 On contracts 64 On appeal by board of health 1091 SERVICE: Through branch post office 1081 Upon corporations 1127 Of summons on city 1080, 1 105 SEINES, use of in Hudson river, limited 737 SENTENCE, not suspended in elecfiou cases 1922 SESSIONS, GENERAL A court of record v 1537 Places for holding, to be assigned by common council 91 Power to order accommodations 1519 Procedure in .' 1 535 Jurisdiction of 1514 Writ of error from 1535, 1536 May make and enforce rules 1537 Fines imposed by, how remitted 1538 Collection and disposition 'of tines 1538 Clerk of, may issue aubpeenas 1533 May extend terms .' 1517 May make adjournments 1517 Clerk of. to file record of convictions with bureau of elections 1871 When to hold terms 1517 Three branches of, to be held 1515 In assault ami battery, may order complainant to pay costs 1540 By whom held 155 Clerk of : 1531 Deputy clerks of 1531 Powers of deputy clerk 1530 Attendants of t 1534 Attendants, salaries of 1534 r 804 INDEX. Section. SESSIONS. OENERAE (ronl, „>„,!) Clerks, etc.. not to receive fees 1582 Grand jury in 1589 Clerk of mav appoint assistant 1531 Salary of clerk of 1681 deputy clerks 1531 assistant ; 1531 Interpreter of 1531 Stenographer of 1531 Clerk of, to reside in city .' 1513 Three brunches of 1517 Rooms to be provided for 1518 Mav order accommodations provided 1518 Judge of, may vacate judgments on forfeited recognizances 1484 Judge of, election of 1028 powers of 1523 is a magistrate , 1525 term of 1523 salary of ( 1523 no additional compensation 1528 mav hold general sessions ,. 1528 have office 1524 hie jurisdiction of summary proceedings 1524 when and how vacate judgments on recognizances 1484, 1485 allow appeal from special sessions 1593 SESSIONS. SPECIAL: Places for holding, to he assigned by c ommon council 91,1506 Powers anddutiesof 1569 When proceed to trial 1576 Procedure on trial 1577, 1578 Appeal from 1593 When may try for misdemeanors 1569 May issue subpoenas 1569 Compel attendance 1569 By whom subpoenas served 1569 W hen witnesses paid 1585 How fines remitted 1569 Intoxication, punishment for 1562 Disorderly conduct, punishment of 1562 Fines collected by clerk before committal 1580 Imprisonment substituted for tines 1509 Misdemeanors, punishment for 1569 Transcript of convictions in 1582 Clerk of, to transmit transcripts of convictions 1592 Clerk file record of convictions with bureau of elections 1871 Fines received by sheriff 1581 Sheriff to execute sentence of 1575 Held by three justices 1572 Appointment of clerk, deputy, stenographer, and attendants 1570 Seal of 1586 Process from, sealed and signed by clerk 1586 Recognizance for appearance for trial before, how forfeited and prose- cuted 1587 To forfeit recognizances to keep the peace 1472, 1475, 1477 all recognizances 1587 Taking and discharging recognizances in 1588 Recognizances filed in 1472 Take additional recognizance : 1478 May bind over witnesses 1591 Clerk to give bonds 1573 Clerk and depuiy of 1574 Duties of clerk and deputy 1579 to enter convictions and sentences 1579 administer oaths 1574 sign subpoenas 1579 deliver sheriff transcript of conviction and sentence 1575 copies of transcripts evidence 1582 bonds of 1573 salaries of 1573 terms of office of 1571 report fines •. 1580 INDEX. 805 Section. SESSIONS. SPECIAL (umtinutd), Proceedings on election of d ial nt 1088 Recognizances of witnesses, how enforced, forfeited, etc 1591 Recognizance to appear at, proceedings on lireacli of 1588 Recognizance, in what Mini 1680 SEVENTH REGIMENT ARMORY, annual payment by city in lieu (.f rental 194 . SEWERS: Construction of certain, and assessment* for 872, 878 Construction of. undercharge of department of public works 826-338 Plans of, hy commissioner of public works 827 SEWERS, DRAINS AND VAULTS: Enid by common council 877 expenses, etc 877 Cleaning of, and expenses 877 SEWERAGE AM) DRAINAGE: Plan of, when made, to be permanent 828 Plan of, to be made and filed 327. 828 work under, how to be done . 329 Assessment bonds issued 144 SEWERAGE DISTRICTS, maps and location of 327, 881 6IIAVINGS, how stored ' 452 SHEDS on piers 772-774 SHEPHERD'S FOLD: Children transferred to. by charities and correction 417 Children committed to. . ." 1626 Provisions as to sharing in excise moneys 210 Annual payment to 194 SHERIFF: Bond of 1714 Have custody of civil prisoners 1715 Orders of arrest, attachments, executions, etc., issued to 1717 When office to be open 1716 When special election for 1720 Duties of, relative to theatres 2004, 2013 Not to be paid where less than majority of grand jurors served 1650 Fees of, on sales of real estate. 1088 To prepare criminal statistics 1718 Wairant of receiver of taxes to 853 Notice by, of sales of properly for taxes 855 Surplus of sales •. 855 May sell real estate 1088 Duty of, on arrest in marine court 1258, 1254, 1258 Duties of, under warrant to collect certain assessments 891 Give notice of election 1931 To receive transcript of conviction in special sessions 1575 Fines imposed by special sessions received by 1581 Attend drawing of jurors 1672 Receive minutes of drawing from county clerk 1679 Notify jurors drawn 1679 how notice served '. 1679 Obey order of board for enforcement of jury fines 1688 Collect jury fines 1689 SHERIFF S JURY: How selected 1685 How diawn 1685 May be divided into panels 1685 SHIPS AND VESSELS, ordinances in reference to. mav be enacted 8»(sub. 35) And -v HARBOR; DOCKS, DEPARTMENT OF: VESSELS. SHORE INSPECTOR, annual appropriation for salary and expenses of 194 800 INDEX. Section. SINKING FUND: Hoard of commissioners of , w ho to compose 170 powers and duties of 170 [ease of city property liy 170 may cede to t lie United Stales lands for Harlem river improve- ment „ 188 to perforin certain duties in regard to docks and piers 184 may convey lo the I'nited Slates land adjoining post office site 185 to convey land for Spiiytcn Duyvill improvement 894 may exempt bonds and slocks from taxation 137 to call in and redeem bonded debt 176 proceedings thereon 176 assessments to be paid over to 178 "dock bonds" issued by direction of 14:} may lease wharf pro|>crty, etc 180 to authori/.e all leases of real estate by corporation 181 to renew lease of Castle (warden 182 sell land reserved for schools 186 lease to Mt. Sinai Hospital 187 lease to German Hospital 188 Revenues of, not to be diminished 179 For redemption of city debt 171 excess of, may be used to pay other bonds 171 moneys received from assessments, transferred to 173 funds and revenues lo be accumulated and applied to 174 accumulations and revenues of > not to be impaired 175 bonds and stocks to be paid from 177 For payment of interest 172 surplus of. transferred to sinking fund for redemption of debt 172 SKINS, powers of health board over 547 SLIPS: City may enlarge 722 pay part of expense for buildings on 722 when receive slipage and half of wharfage 722 Department of docks may direct deepening oi 721 expense of, assessed 882 Pilot commissioners keep dredged 784 Matters not to be thrown into 780 Dredged from mud, etc 748 Paflrt of expense of filling paid by corporation 878 Designated for steamboats 716, 772, 793 Designated for certain vessels 78<5, 789 Dry docks, use of, by certain, permitted 811 Ashes not to be cast into 780 penalty for violation 780 Dirt, night soil, etc., penalty for throwing into 781 Aiul-ee DOCKS, DEPARTMENT OF ; PIERS : HARBOR. SMALL-POX, prevention of spread of 553, 554 SONG BIRDS, not to be killed 2025 SOUTHERN BOULEVARD, regulating weight of loads, etc, carried over . . .1934, 1935 SPECIAL PROCEEDINGS: Jurisdiction of superior court and common pleas 1126-1130 of justices of, over 1131 May be continued before other judges 1076 SPUYTEN DUYVILL CREEK: Survey of, by dock department 713 Bulkhead line on, alteration of , 730 Bridges over, construction of, by department of docks 676 SPUYTEN DUYVILL IMPROVEMENT: Assessment district for 886 Duty of commissioners 887 file abstract of assessment 887 give notice of report 887 Objections to report - 887, 888 Confirmation of report 889 INDEX. 807 Section. SPTJYTEN DUYVILL IMPROVEMENT Continued): Assessments . to lie paid to comptroller 890 to bear Interest 890 warrant to collect 890 duties of sheriff under 891 Comptroller to pay awards 892 When court may authorize land for, conveyed 893 Commissioners of sinking fund to convey laud for 894 Defective titles cured 892 Win n lauds acquired for, by department of parks 678 Maps, etc., for, prepared by department of docks 675 Lands for, exempt from taxes 826 SQUARES AND PLACES: Opening of ' , 973 Limits of assessment on 973 Deliciency not assessed on 996 SQUARE. MANHATTAN, annexed to Central park 682,' 694 STAGES: Routes for, may be established by board of aldermen 88 Running of, may be regulated by ordinance 86 (sub. 39) Not run without license 1952 Routes of, to lie approved by mayor and common council.. .- 1947, 1948 how changed thereafter 1950 License fees to be paid by 1951 How authority terminated 1950 Grants to run stages to be sold at public auction 1949 Consent of property owners necessary to 1947 STATE OFFICES, city officers not to hold 66 STATE SUPERINTENDENT OF SCHOOLS, appeal to 1027 STATE TAXES: Issue of revenue bonds to pay quota of 153 Chamberlain's compensation for paying 165 To be reported monthly to State comptroller 166 Warrants drawn on chamberlain for 166 STATIONERY: Board of 68 To be furnished by contract 68 by whom made 68 specifications 68 When to be furnished without contract 68 STATION HOUSES, may be established and furnished by police board 254 STATISTICS: Criminal, prepared 99 Of poor 419 STAY X)F PROCEEDINGS, to obtain order of removal of cause 1135 STEAMBOATS: Excursions, passengers on, to be registered 762 penalty for trespassing by 763 Speed of. in East river 757 In East River, course of 757 Wharves designated for 716 Wharves leased for 793 sheds on 772 • Not throw cinders or ashes into harbor 746 Not to have pipes to discharge ashes, etc 746 Landing emigrants, to be licensed 2046 penalties if not licensed 2047 For use of police department 256 ■ Navigation of, in fogs, regulated 758,759 Certain piers, use of, reserved to regular line? of I 793. 796 t ■*!>■> INDKX Section. BTEAM BOILERS: Record of Inspection of 312 Insecure and dangerous, how made secure 312 owners of to report to police board 810, 318 inspection of, and tests 810 Certificate respecting „ 810 when exempted from further inspection and penalties 310 Engineer's certificate of qualification 312 Penalties for violations 31^ 313 suits for, l>y whom brought 811 Companies making inspection of, to report monthly 311 ST. AMBROSE CHURCH, Friendly Sociel] of, exempt from taxation 824 ST. JOHN'S COLLEGE: Exempt from taxation 825 Streets not to he opened through grounds of 1007 ST. LUKE'S HOSPITAL, exempt from taxation 824 ST. NICHOLAS AVENUE, steam railway in. 'forbidden : . . . 194.*i STKNOORAPA KRS: Justices of Supreme COUrt may appoint... 1114, 1110 duties and fees of 1114 Of superior court 1149, 1150 Of common pleas ' 1 149, 1150 Of marine court, salaries of 1275 fees of 1278 how appointed. . . . : 1227 w hen suspended 1232 Of district courts 1434, 1439 Of general sessions 1531 Of special sessions 1570 Of police courts 1546 Of surrogate's court ; 1193 minutes taken by 1194 STOCK: "City improvement," for what purpose issued 139 For parks, etc., in Fourth avenue, may la? issued 140 "Additional Croton water," when issued, terms of 141 On account of streets, etc., in Twenty-third and Twenty-fourth Wards. . 140 STOCK A XI) PONDS: Board of apportionment may issue, for certain purposes 204 Commissioners of sinking fund may sell and buy 153 New, may be issued to take up maturing 204 When exempt from taxation 137 A ml See CONSOLIDATED STOCK and BONDS. STOLEN PROPERTY, punishment for buying or receiving 1453 Disposition of 288, 289, 290, 291, 292, 293 STREETS. AVENUES, SQUARES AND PUBLIC PLACES: Ashes, garbage, etc., unlawful to throw in 1936 penalty for violating law relating to 1936 Assessments for, when deemed to Ik- fully confirmed 915 when conclusive 994 paid by wroni; parties, how recoved 995 house and lots, how described in •. . 869 limitation to, on lands and tenements 980 changes in, when not to be made 985 board of revision and correction of .- 867 list of, revision and correction of . : 867 confirmation of, limit of time for 867 against the corporation, to be in gross and not on property affected. 980 fraud in, remedy for 898 fraud, when established, to vacate 880 certain irregularities riot to vacate 899 vacated or modified, how 899, 900 orders vacating : 900 when to become a lien 915, 995 lien on real estate until paid 915 deficiencies in collecting arrears of. how met 150 list of confirmed, kept in comptroller's office 885 INDEX. Section. STREETS, AVKNl B8, BQjUARES AND PUBLIC PLACES [eonUmud] Assessments for, statement of unpaid, sent to clerk of arrears 922 interest obarged on unpaid W8 district of extent of 970, 978 reassessments, when made 905 expenses of 905 expenses* disbursements and charges of, * assessed upon property benefited 994 limit of 1002, 1006 paid by corporation from, assessment 99B assessment of. not to be made after confirmation of report 996 taxation of, by court 1000 notice of, to be published 1000, 1001 copy of, where riled 1000 whal to la allowed and charged as* 1000 unpaid. levy by distress ami sale for 995 action of debt or assumpsit for 995 Banners, etc., in, to be regulated by ordinance 86, (sub. 10) Benefits, district for assessment of 973. 970 to lands taken 970 to lauds not taken 970 when exceeding damages 970 to corporation 980 limit to amount of assessments for '. 980 Board of street openings, etc.. of what officers composed 955 powers and dulies and jurisdiction of 955 Bounding Morningside park, completion and care of 334, 338 Buildings, uuremoved. when to remain 1004 compensation for. when not to be allowed 977 when to be allowed „ 977 estimated value of, when part may be assessed on corporations. . . . 977 when paid for, when not required in opening streets, etc 978 Cleaning, street department of f 34 commissioner of ■ 45 appointment of 107 term of 45 salary of - 52 removal of 108 comptroller approve sureties on contracts of 131 board of apportionment approve contracts 209 powers and duties of 704, 705, 706, 708, 709, 710 monthly statement of employees, etc 704 to have exclusive power relative to 704 ashes, garbage, etc., removal of 704 docks, etc., to be set aside for purposes of 706, 728 ashes, garbage, street manure, etc., maybe sold 709 may be cremated 710 officers and employees uniformed 707 Closing of, general powers of board of street operyngs as to 1009 commissioners of estimate to be appointed 1010 Commissioners to estimate damage and benefit 1010 contents of report 1010 continuation of report 1010 effect of confirmation » 1010 notice to present objections to report 1011 when awards to be paid 1013 awards to infants, etc 1013 vacancies in commissioners filled 1014 majority may act 1014, 1015 compensation of commissioners 1016 how property described in report ; 1017 notice of assessment j 1017 proceedings to open and close, united 1018 duty of commissioners in such cases 1019 adjustments of damages and benefits 1020 effect of closing, upon leases, etc 1021 310 IM>EX. obci ion STREETS, AVENUES, SQUARES and PUBLIC l'LA( Es {pontinwxQ Commissioners of estimate and assessment, appointment of 964, P60 oath of office ' 968 general duties of 939 vacancies in office of, how filled 960 majority of, may act 967 annual appropriation for expenses of 194 oaths, may administer UH)~t proceeding-, commenced by, when to he completed 974 report of, what 10 contain* 975, 970, 980, 990 notice of time and place of making, to he advertised 984 copy of, deposited g$4 Objections to, how made 9H4 consideration* of 984 Corrections in, when to he made 988 Changes in, w hen not lo be made 985 supplemental notice of 987 presentation of. to court and proceedings thereon 990 confirmation of, final and conclusive 990 ( onscnl-of common council necessary to opening new 94 Encroachments upon, to he regulated by ordinance 86 Estimates and assessments. abstract of, where deposited 984 what to contain 984 notice calling attention to 984 Objections to, may be made in writing 984 when to he heard 984 witnesses, attendance of 987 correction of, when made 988 interest on, when not allowed • 999 completion of, notice given to owners 871 damages to lands and tenements taken 970 when exceeding benefit .• 976 w hen equal to benefit 976 paid from assessments 996 award for, when paid 993 suit for. when commenced 992 paid into court, when 993 w rong party, when paid to, how recovered 993 to corporation 980 Fast driving in 1932 Fifty-ninth street, above, powers of department of public works over. . 319 Fires in, kiudliug of, prohibited 452 Grades of, notice of change in, to be given 1962 w ritten consent of property ow ners necessary to 1962 expenses of, estimate to be made 873 assessment of loss and damage 875 awards, how paid 875 exclusive pow er in park department in certain district to alter, etc. 670, 671 proceedings thereunder 672 once made, when to be changed 1964 fixing and alteration of, by commissioner of public works 342 Intoxication, etc., in, to be regulated by ordinance 86 In Twenty-third and Twenty-fourth wards, stock issued on account of. 140 Lands, tenements, etc., required for, how secured 964 fee to, when corporation entitled to 990 possession of, when corporation may take 990 corporation may agree with owners of, for sale of 979 Lay out, make, widen, alter, and keep in repair, authority of common council relative to 94 authority of park department relative to 669-681 Lighting, board to contract for 69 time limited 69 Nails, glass, etc., unlawful to throw in 1937 Numbering houses in, naming, etc.. to be regulated by ordinance 86 Obstructions on, removal of '. 324 [NDKX. I 1 Section 8TKEKTS. AVENUES. SCJL'AHBS AND I'l BLII PLA.OJSS (continued)'. Opening of, board of, powers ami duties i !', etc 951 legal proceedings, etc., to he conducled b\ corporuiion counsel 215 duti<'s and powers of board of 955 may lay out streets 955 tile maps 955 quorum of 955 powers of depart incut of public works as to 956 powers of department of parks as to 956 city may order : 963 property appropriated for 96S proceedings for begun 964 petition to supreme court „ 964 commissioners of estimate and assessment appointed 964, 965 how appointed 965 notice of application for 965 effect of death or resignation 906 vacancy, how tilled 966 two can act 967 to lake oath 968 to view property 969 to estimate damage and benefits 97<> limits of assessment 970 owners of property may convey to city 971, 972 commissioners must complete their proceedings in four months. . . . 974 to report damage and benefit separately 975 when allowance made for buildings 977 may assess on city part of cost of buildings , 977 commission to obtain plans of grades 978 may award damages for injury to buildings by change of grade. . . . 978 city may agree with owners as to damage and benefit 979 land of city may be taken 980 benefits assessed against city .> 980 not to assess any house or lot above one half its value 981 how leases or contracts affected 982 surveys and maps to be furnished commissioners by departments. . 983 diagrams to be prepared 983 lots of unknown owners 983 abstract of estimate and assessment to lie deposited 984 affidavits to be deposited 984 notice of intention to present report 984 how and when report amended 985 objections to estimate and assessment 986 notice of hearing objections 986 witnesses compelled to testify on hearing objections 987 report to be presented 988 contents of report 989 application to confirm report 990 effect of report when confirmed 990 what title acquired by city 990 when copies of report tiled 991 when awards to be paid 992 how payment enforced 992 awards to infants, etc. , how paid 993 awards paid to wrong party recovered 993 moneys expended by city for cessions, awards or expenses to be assessed 994, 1001 deficiency assessed by assessors 994 assessments to be a lien 995 how assessments enforced 995 effect upon landlord and tenant 995 adjustment of interest between damages and benefits 996 bonds for assessments north of 155th street * 145 costs to be taxed 1000 rules for taxation 1000 limit of commissioners' fees 1000 bill of costs tiled 1001 notice of taxation 1001 when board of street openings may discontinue proceedings 1003 when city may discontinue : 1003 812 INDEX. Si i lion STREETS, AVENUES, HQ I A REM AND PURER PLACES {fiOnUnutt\ Opening of, buildings permitted t<> remain 1004 commiarionera may administer oaths 1004 how notices published _ 1005 streets noi to In- opened tltrougli land of SI. John's College 1007 opening certain street* 9C0, Ml, 962 proceedings to open and done, united i oi s duly of commissioner* in such cases 1019 adjustment <>i damages and benefits 1020 Opening surface of, gas, sewers, etc., in, to be regulated by ordinance. . 80 Parades in 1939-1942 on Sunday 1941 I'avcincnls. guttering, lighting, eta, to be regulated by ordinance 80 Public ciics, whistles, bells, etc., in, to be regulated by ordinance 80 Powers of board of health as to 585 Railroads in : 1943 forbidden in certain 1944-1940 Repaying, when no >i-s, ssment for, except f)ii petition 875 when done by city 321 expense thereof provided for 821 annual appropriation for 194 Right of way of firemen in 444 Removal of ice and snow to be regulated by ordinance 80 Restriction upon changing numbers and names 80 Salt, saltpetre, etc.. in 1938 Signs, urinals, telegraph posts, etc., in. to he regulated by ordinance. . . 80 Superintendent of 317 Traffic, etc., in, to be regulated by ordinance 80 Tenth avenue from, to Avenue Saint Nicholas, proceedings for laying out 339 Title to, north of Fifty-ninth street, by whom acquired 320 Twenty-third and Twenty fourth Wards 671, 672, 677, 679 change of grades in, when owners entitled to damages 874 Use of, to be regulated bv ordinance 86 Vehicles to take the right 1933 When piers deemed to extend into 771 STREETS AND ROADS, bureau of * 317 STREET COMMISSIONER, words wherever occurring, what to be taken to mean : 325 SUBORDINATES, list of, to be published 68 SUBPOENAS in district courts 1174 In superior court 1370 In oyer and terminer and general sessions 1511, 1533 In special sessions 1569, 1574 SUITS RY COMMISSIONERS OF EMIGRATION.. 2033,2034,20.36,2047,2049, 2051 SUITS BY COMMISSIONERS OF PILOTS 2123 SUITS FOR HELLGATE PILOTAGE 2134 SUITS BY BOARD OF 11EALTH 616, 617, 622, 637 SUITS BY FIRE COMMISSIONERS 431 SURETIES FOR GOOD BEHAVIOR 1401 •SUMMARY EXAMINATION of officers 60 SUMMARY PROCEEDINGS, in district courts 1357-1367 Marine Court has jurisdiction of 1211 SUMMONS: Service of, in district courts 1357 contents of 1297 Served upon city 1080 SUNDAY: Amusements on, forbidden 2007 Parades on 1941 Sales on, may be regulated by board of aldermen 80 (sub. 26) SUPERVISORS: See ALDERMEN, BOARD OF. in ]))•'. \ . si:>, Section. SUPERVISOR OF CITY RECORD 86,68 SUPPLEMENTARY PROCEEDINGS, jurisdiction of common plena in. . , . 1 168 SUPERINTENDENT OF INCUMBRANCES, chief of bureau in department of public works 817 SUPERINTENDENT OF I. AMPS AND OAS, chief of bureau In depart- ment of public works 317 SUPERINTENDENT OF POLICE: •»<" HO LICK DKHAKTMKXT.; SUPERINTENDENT OF REPAIRS AND SUPPLIES, chief of bureau in department of public works 817 SUPERINTENDENT OF SCHOOLS: .See SCHOOLS. SUPERINTENDENT OF STREETS, chief of bureau in department of pub lie works 317 SUPERINTENDENT OF STREET IMPROVEMENTS, chief of bureau In department of public works 317 SUPPLIES, how ordered 64 SUPERIOR COURT: A court of record 1123 Number of judges of. 1138 Chief judge of, to be appointed 1123 Clerks, deputies and assistants 1146 Powers of deputies 1146-1 148 Stenographers to be appointed 1149 Fees and duties of stenographers 1160 Appoint crier 1151 salary of 1151 Power of, as to money paid into court 1161 Yacancies in •. 1124 Fees of clerk r>f 1176 to be accounted for 1152 Clerk and assistants of. may be required to give security 1175 Salary of clerks of 1177 Appoint attendants 1153 Salaries of attendants 1177 When and where held 1172 Clerks, number of 1177 Clerk's office, where 1173 Process, how tested and returnable 1174 Subprnnas run through State 1174 enforced by attachment 1174 Governor may designate, judge of, to hold supreme court 1110 powers of such judge 1110 May order papers destroyed * 1125 Judges are magistrates 1123 To whom warrants issued by addressed 1494 Jurisdiction of 1126. 1154, 1166 Jurisdiction of actions against several defendants 1128 Jurisdiction of, presumed 1129 need not be pleaded 1129 Want of jurisdiction waived, unless pleaded 1129 Extent of jurisdiction 1130 Has jurisdiction of actions against city 1103 Enforce mandates as in supreme court 1130 Power of justices 1180 Removal of actions from 1132-1134, 1136 Existing jurisdiction continued 1162 Jurisdiction of corporations 1127 Removal of actions to 1137 duty of clerk on 1138 effect of j 1139 When county judge may make orders in actions in 1140 Send mandates throughout State 1141 Judges of, fix terms 1142 General term held by two judge* 1143 Special or trial term held by one judge 1144 814 IM'f X. Section. SUPERIOR COURT (eantimui) When affirmance hud 1148 Win n i eargunu; nt had 1148 When books, records, etc., of, may be copied 1145 expense of sucfa copying . 1 1 45 Habeas issued by 1155 Bail taken by 1156, 1157 Certiorari issued by 1158 Powers in foreclosure of lien on chattel 115** Effect of decision of, in construction of statute 1160 Terms of 1172 BUPRKM K < Ol'KT: Additional compensation for Justices 1108 May appoint stenographers 1114 Crier to he appointed 1116 Order sale of pre emptive rights Ill 9—1 122 May remove actions from superior city court* 1182-1186 Justice of, may hold oyer and terminer 1508 Rules of. apply to district courts 1426 May remove actions from marine court 1214 Has jurisdiction of actions against city 1103 When may remove action to superior city court 1137 Compensation of Justice from another district 1109 Governor to designate judges of superior and common plc increased or diminished 819 when not to he increased or diminished 819 decision of commissioners respecting, subject to review 821 assessment of, when to commence 814 valuation of personal property entered in books 818 Real estate, taxes and interest thereon a lien until paid 915 assessments and charges thereon, until paid, a lien 915 Croton water rents and interest thereon, until paid, a lien 915 erroneous assessments for, how corrected 820 Receiver of. *<• RECEIVER OF TAXES. Rebate on for prompt payment 842 Redemption of lands sold, notices respecting 941. 943 publication and service of 941, 944 affidavit of service of 945 when to be made 943, 947 certificate of failure to redeem 946 interest allowed purchaser 948 when pieces or parcels of, may be redeemed : 942 mortgagees, rights of, to redeem 936-940 Remission and reductiou of taxes, majority vote of commissioners required for 822 how remitted, canceled or reduced .820, 822 Rolls, to be transmitted to aldermen 828 general duties of aldermen respecting 828, 831, 832 when assessment rolls to be delivered" to receiver of taxes 831, 833 warrant attached to 831, 833 in custody of president of aldeimen 831 extending taxes on 831 adding water rents to 831 non-residents, real property on • 832 valuations on by wards 832 payments to be entered in ' 850 names to be stricken from 861 * INDEX. M7 Section. TAXES (oOTitfntftf): Rolls. water rents added to 923 arrears added l(» 924, 925 suit's added to 924, 925 assessments ndded to .• 924 Sale of lands and tenements tor taxes, for non-payment of taxes, assessments and water rents 926 notice, manner and condition of sale 920, 927 notice to owners, lessees and others of lands sold 986. 937, 941 mortgagees 936, 937, 941 contents of notice 937 certificate to be delivered to purchaser 926 what to contain 928 registration of 950 conveyance of, to purchaser bj lease 941 fees for lease .*. 941 terms and conditions of 941 rights thereunder 941 sales, made by clerk of arrears * 926. 929 postponement of 926, 928 record of 953 h0UB68 and Lots contiguous belonging to same owner advertised as one parcel 927 city may purchase in absence of bidders 931 when and how assigned 932 when lands conveyed occupied, notice respecting 943 how served 944 proof Of service of, riled 945 comptroller to certify service ". 946 proceedings relating to 946 redemption of 934, 940, 941, 947-949 affidavits respecting publication of notices preserved by clerk of arrears 954 And nee SALES. Unpaid, reported by receiver of taxes 922 TAXES AND ASSESSMENTS, DEPARTMENT OF: One of the departments of the corporation 34 Head of^ to consist of a president and two commissioners 43 President of, member board of estimate and aj>portionnient 189 one of the commissioners of accounts 110 salary of *. . 52 Commissioners of, general powers and duties of 812 salary of 1 52 terms of office ~. 48 when to strike names from rolls 861 to assist commissioner of jurors 1665 Deputy tax commissioners, number and appointment of : 813 general powers and duties of.-. 814 to give information to assessors 869 Surveyor. appointment of. and duties 815 new surveys, maps, etc., for, prepared under authority of alder- men 816 Assessors, board of. appointment of, and oath of office 865 powers and duties of 865, 866 Twenty-third and twenty-fourth wards, maps of, to made for department of taxes and assessments 816 maps and surveys of, to be made 816 TELEGRAPH COMPANIES: Persons designated by, may be appointed policemen 314 Qualifications, uniform, and pay of persons so appointed 314 TELEGRAPH LINES ; Of fire department 429 For use of police 255 818 ISDKX. Section TENEMENT AND I.ODOINO HOISES Definition of 666 Ventilation windows 650, 654 Fire escapes 651 Roof* to be kept in repair 652 Stairs, banisters anil railing! . ■ ■ ., 652 Water closet! or privies 653, 654 Cesspools, when allowed 653 Yard connected with street or sewer gutter 653 Cellars not occupied as dwellings 654 proviso 654 Boon of, cemented 663 definition at 666 Garbage boxes 656 Not to be used for storage 656 Horses, cows, etc., not to be kept in 656 To be kept Glean 657 Owners and agents namM posted in 657 Hoard of health, officers of. to ha\ BOOSM to 658 Sick in. to be reported 658 Infected, w hen to be vacated 659 (Jut of repair, to be vacated 659 Spaces between, on same lot 661 Occupation of lot by, limited 661 Rooms, height of 662 Special ventilation in certain 662 sleeping, windows in 650-662 Windows •. 650, 662 Chimneys > 663 Ashes and rubbish, receptacles for 663 Water to be furnished 663 Penalties for violating laws relative to , . . . . 665 Modification of laws relative to 667 Overcrowding in 664 Janitors in 664 Fund, to be annually appropriated for 194, 665 Detail of police for enforcement of provisions relatiug to 296 TENEMENT HOUSE FUND: Annual appropriation for e> » 194 Penalties paid over to 665 TESTIMONY . Taken de bene iu offenses against non-residents ' 1467 Of non resident witnesses taken de bene 1468 De bene in emigrant cases .' 1469, 1477 THEATRES AND PLACES OF AMUSEMENT: To be regulated by ordinance 86 Injunction may be obtained against, for opening without license 2005 Charitable and religious exhibitions excepted from laws relating to 2006 Certain societies excepted 2006 Children under fourteen years not admitted to 2009 exception 2009 penalty for violating provisions relating to 2009 tines collected paid Society Juvenile Delinquents 2009 Licenses for, granted by mayor -..1998, 1999 forfeiture of ". 2007, 2011 revocation of 2002 police arrest violators 2003 penalty fer not obtaining 1999 by whom sued for ' 1999 to whom fee for, paid. 2001 may be granted for less than a year 2000 conditions and fees 2000 Not to be opened for performances on Sunday 2007 Masquerades prohibited in 2008 penalty for violating law relative to 2003 Liquors not to be sold iu 2010 Female waiters not employed in '. . . . . 2010 penalty for violation 2012 Protection against fire in 454 INDEX 819 Section. TICKET OFFICES: For emigrants .' 2052 Tobelleenaed 2052 Hates to be posted in 2052 TICKETS: To emigrants, sold only at designated place* 2056 For emigrants 2051-2060 famed to emigrants, whal to state 2052, 8060 To emigrants, rates of 2053 TRACKS OF RAILROADS: Salt on 1938 Processions on 1939 TRANSFER OF APPROPRIATIONS 204 TRANSCRIPTS, fees of county clerk for filing • 1735 TREASURER: Hoards may choose 46 Of Westchester county, sales for taxe,s by «930 TRIAL: Notice of, ouly one needed , 1084 Place of, on indietmei.t for nuisance 1441 Notice of, in marine court 1210 TRUST COMPANIES: For deposit of city moneys, how designated 165 To pay interest on daily balances 165 TURPENTINE, quantity stored 456 TWENTY FOURTH WARD, water supply in 351 And see TWKNTY-THIKD AND TWKNTY-KOURTH WARDS. TWENTY THIRD AND TWENTY-FOURTH WARDS: Maps of territory in •. 679 Provision for cost of making maps of 197 Stock issued on account of streets, etc., in 140 Streets, etc., in, under control of department of parks 671-674 acquiring lands for 677 Certificates of lands sold for taxes in 93IJ Assessments for change of grades in • ' " 874 Laying out streets, etc., in 957 Plans for bridges and tunnels iu 957 Acquiring title to lands in 958 Streets, etc., in, remain under park department r 959 Buildings in 500 Assessments in 920 TX. UNCLAIMED LANDS, city to take 935 UNDERTAKERS; Names and residences of persons buried by, to l>e reported to public administrator 246 penalty for failing to report 346 UNDERTAKINGS, by corporation in legal proceedings 248 UNEXPENDED BALANCES: Weekly statement of 123 Transfer of 207 UNION AID SOCIETY. LADIES', property exempt from taxation 824 UNION HOME AND SCHOOL, per capita allowance to 191 UNITED STATES May lay water pipes, etc., to Governor's Island 754 Buoys placed by, mooring to, prohibited 755 Harlem river improvement, land for, to be ceded to 183, 894 Post office site, land adjoining, to be conveyed to 185 Jurisdiction ceded to 1633 *20 no>Bx. B< ctioD. UNSAFE BUILDINGS Sit BUILLIMJK UKINALK: Erection of 847 Maintenance of 847 Penalty for defacing or damaging 347, 145i "V. VACATING ASSESSMENTS 897-905 VACANCIES: In city offices, how filled.. . . , 106 In oflice of register 1788 VACCINATION: Set HEALTH. DEPARTMENT OF. VAGRANTS: When to he commuted on own request 412 When committed to city prison 1499 Committed us inebriates, may he detained al labor 418 Who are 1464 Committal of 1465 To be examined 1465 Where record of, tiled 1568 Term of imprisonment 1465 How discharged 1564 When discharged 414 Lodgings provided for 258 Children, committal of, as 1594-1682 And tee CHAKITIES AND CORRECTION, DEPARTMENT OF. VAGRANCY: Record of commitment of, to be tiled 1563 form of 1563 How those committed for, discharged , 1564 VALUATION, for taxes 818, 820 VALUATIONS, certificate of, transmitted to State comptroller 832 VAULTS, cisterns, etc., to be regulated by ordinance 86 VETO OF MAYOR ' 75 VESSELS: Masters of, to give correct information to pilots, 2111 Certain passengers mainiained at expense of 2064 Owners, masters, etc., of, to provide for sick persons. . .' 2064 Masters of, to report certain passengers 2064 Actions by and against masters and owners of, in marine court 1210 During fogs, rides for 758 To be boarded onlv by consent 2070 Runners not allowed on 2035, 2039 Where to land emigrants '. . .,, 2032, 2033 Regulations concerning fire and lights on 460 exceptions 460 penalties for violating 460 When to be removed by dock department 723 by health department 542 Sickness on, to be reported 612 penalty for omission 628 When emigrants detained on 2064 Iron, lead, etc., how unloaded from 783 Certain piers set apart for regular lines of 786-788, 793-796 Regulations for discharge of loose material from 782 At anchor in night time, lights on 755 penalty for violation 766 Not to moor to' buoys '. 75o And ««• HARBORS : PUSR8; WHARFAGE. IM)KX. 82] Section VICE, ordinances for suppression of, may be enacted 86 VICTUALING IIOl'SES, board of aldermen may provide for regulation and licensing of 86 VOTERS, registry of, printed in City Record » 67 VOTES, canvass of, to be published 68 And *« KIJXTIONS. VOUCHERS for payments from treasury Ii3. 164 WAGES, may lie paid on pay roll* •. 138 WALL STREET, elevated railroads forbidden in 1944 WARDS: Boundaries of 2-25 Twenty-third and TwcnU -fourth. See TWENTY-THIRD AND TWENTY-FOURTH WARDS. WARDEN'S OF PRISON, to pay over lines with sworn returns 1558 WARRANTS Drawn on treasury, how signed, countersigned and paid 123, 164 For unpaid personal taxes 853, 854 WASHINGTON SQUARE: To be preserved as a park 684 Street through, under charge of department of public works 318 WATER, gas, tar, and refuse not to be thrown in 751 And let HARBOR. WATERS OF THE BAY, jurisdiction over 1442 WATER PIPES, to Governor's Island 754 WATER PURVEYOR, chief of bureau in department of public works 317 WATER REGISTER, chief of bureau in department of public works 317 WATER RKNTS: Rate of interest charged on. unpaid 918 Lien on property until paid 915, 923 how removed 951 List of unpaid, to be prepared 921 sent to clerk of arrears 921 Unpaid, reported by receiver of taxes 922 added to tax-rolls 923 Bureau for collection of arrears of 125 Sales for. .sv« SALES. WATER SUPPLY: Duties and powers of department of public works as to procuring and distributing 3*0-384 Rents, establishment of 350 when subject to additional charge for non-payment 353 Twenty-fourth ward, supply of 351 Meters, whereto be placed 352 Patent hydrants, etc., use of 354 Notice on permits, to authorize exaction of penalties , 355 Extending and enlarging distribution 856 amount which may be annually expended therefor 356 Croton lake and waters, care of 357 no offensive matter to be thrown or deposited iu 362 aqueduct anil works, inspection and repairs 357 Lands in Westchester county for '. 358 fences upon, erection and maintenance of 359 Reservoir iu South East, roads around to be repaired and maintained. . 360 Lands for reservoirs, etc., where and how taxed 361 Iujury to water works, etc. / a misdemeanor 363 Section. WATER SUPPLY (.-onUnutd): Lands for, and water-rights, titje to acquired by ocmimtssioinH of public WOrkt for corporation 864 surveys of, to be made 366 in case of dispute, title to be acquired by special proceedings 866 Proceedings for acquiring title to land* for 367, 368, 378 in cane of defective title 874 when land is retted in person not competent to act 376 in case of land already taken 377 Commissioners of land olliee empowered ic> convey state lands 875 Damages for land acquired, right to trial by jury for, not abrogated. ... 378 Term real estate construed , ; 87» Reservoirs, dams, etc., construction of, to prevent waste 380 Reservation of certain rights in waters acquired 380 Commissioners for acquiring lands, how may act in caw- of several claims 381, 882 Actions on account of lands, where to be brought 383 pleadings, etc., in, how amended 883 Right to use of land under highway* for 384 Annual appropriation for extending distribution of 194 Weal estate acquired for. how paid for 141 Construction of works for. how paid for .* 141 WATER-WORKS, may be protected by ordinance 86 (sub. 37) WEIGHTS AND MEASURES: Ordinances in relation to, may be passed 86 (sub. 21) Inspectors and sealers of, to be nominated by mayor 106 number of 106 may be regulated by ordinance 87 WELLS AND PUMPS, making of, and expenses 884 WESTCHESTER COUNTY: Lands in, acquired for water supply 358 fences upon, erection and maintenance of 359 Certificates of lands sold for taxes in 933 WHARFAGE: Rates of, for vessels generally 798 for oyster boats. 799 for canal boats 800 for boats freighting brick 800 for goods remaining on pier 801 Bills for, law to be printed on. . . . .• 802 When to be regulated by dock department • 716 WHARF PROPERTY : See DOCKS. DEPARTMENT OF. and HARBOR. WHARVES. Designated for steamboats 716, 793, 772 for canal boats 786, 789 for certain vessels 786 Derricks erected on 790 Kept clean " 775, 776, 784 A nd MM DOCKS, DEPARTMENT OF. and HARBOR. WIDENING STREETS: See STREETS, etc., OPENING OF. WILLS: May be deposited with register 1758, 1760 # to whom delivered 1761 WINDOWS, penalties for injuring 1953-1956 WITNESSES: Examined de bene in offenses against non-residents 1467 Non-residents examined de bene 1468 House of detention for 253 In emigrant cases, examined de bene 2057, 2063 Committed in default of bail, -where sent 253 WOMEN'S LIBRARY, exempt from taxation 824 INDEX. bL>3 Hcalion. WORDS: Meaning and construction of certain; cellar 666 city hall 1078 election 1928 graduates Of pharmacy: 2017 in provisions relating to district courts 1437 licentiates in pharmacy 2017 lodging-house 666 nuisance 636 place, matter or thing 600 poor 210 port and harbor 761 port of New York 803 real estate , 879 tenement-house 666 vagrants 1464 wharf property 724 WORK, when ordered by three-fourths vote 64 WORK AND SUPPLIES FOR CORPORATION Involving expenditure of one thousand dollars, to be done and fur- nished bv contract 64 Involving expenditure of less than one thousand dollars, done and fur- nished by head of department. 64 WORKHOUSE 898-402 And see CHARITIES AND CORRECTION, DEPARTMENT OF. WORKING WOMEN'S SUITS, costs in 1424 Execution on judgment in 1405 3T. YARDS, CELLARS, etc., tilling up and draining 661 YOUNG MEN'S CHRISTIAN ASSOCIATION, exemption from taxation. . . 824 m ZOOLOGICAL GARDEN IN PARK: Establishment and maintenance of 694 Admission to 695