SEYMOUR DURST When you leave, please leave this book Because it has been said "Ever thing comes t' him who waits Except a loaned book." Avery Architectural and Fine Arts Library Gift 01 Seymour B. I)i rsi Old York Library .4 THE CHAETER OF THE CITY OF BROOKLYN, AND THE SPECIAL LAWS RELATING THERETO ; TOGETHER "WITH THE OEDINANCES FOR THE GOVERNMENT OF THE CITY. PUBLISHED Br ORDER OF THE COMMON COUNCIL BROOKLYN: GEORGE C. BENNETT. 1857. . At PEEFACE. The Common Council having entrusted to the undersigned the ar- ranging of the Charter and laws relating to the City of Brooklyn, for publication, he has incorporated in the Charter, as now published, the alterations made by subsequent legislation, and has added to it those laws which relate to the powers and duties of the Common Council and of the City Officers, and which are not included in the Act of In- corporation. A list of all the most important laws, whether obsolete or in force, affecting the former cities of Brooklyn and Willi amsburgh, and town of Bushwick, and the city as now constituted by the union of the three, is also subjoined. The further duty was at the same time committed to the under- signed, of revising the ordinances of the City. In performing this portion of his labors, he found it necessary, in consequence of the com- plete change which had taken place in the legislative powers of the Common Council since the city laws proposed to be revised were adopted, to prepare an entirely new body of ordinances. They have accordingly been rewritten, in view of the provisions of the present Charter and laws. Advantage was taken of this circumstance to in- troduce a system of codification, similar to that adopted in the revision of the statutes of the State, thereby simplifying the arrangement, and condensing the provisions of the ordinances into a few chapters. HENRY C. MURPHY. Brooklyn, July 20, 1857. Digitized by the Internet Archive in 2013 http://archive.org/details/charterofcityofbOObroo CHAETEE AND SPECIAL LAWS. INDEX. Abstract — Of assessment rolls 71 Accounting— ^ Of collectors 71 Accounts of City — How kept 101 Acts, List of — Relating to city 200 Administrative Officers— Who are 34 Aldermen — Board of, qualifications and election . . 20 Classification and term of office 20 Special powers 21 Vacancies and resignations 21 Expulsion of 22 Three may call meetings 24 Certain disabilities of 50 To hold criminal court 134 Animals — Running at large 25 Keeping 25 Appointment — Of certain city officers 46 Areas— In front of buildings 27 Armory, City— May be provided 108 Ashes— In unsafe places 23 Assessments — For local improvements 52 Committee of 63 Correction of 64 Collection of 66 Rolls of 70 When to be paid... 72 When relaid 74 Assessments Unpaid — Sale of lands for, and certificate 76 Redemption from sales for 77 Conveyances on sales for 79 Due on 1st January, 18o5 10S Assessors — Salary of 49 Duty of 62 Election and powers of 64 President of board and pay 65 Laws applicable to 66 Assistant Clerk — How appointed 21 To sign warrants 42 Assistant Collector— Of taxes and assessments 68 Attorney and Counsel— Term of office, duties and bond. . . .44-47 Salary of 44-49 Assistant of 44 Auditor — Term of office and duties 43 Bond of -47 Salary of 49 To examine collectors' accounts 106 Axe Companies — In Western District 87-120 In Eastern District 87-132 Ballots — Farm of at elections 36 Banks — Of deposit of city moneys 42 Bathing— In the rivers 25 Bay Windows — In streets 27 Bells — Ringing of 30 Bills of Mortality — Common Council may require 25 Vlll INDEX. Board— Of Common Council 20 Joint, of Com. Conn, and Supervisors, 82 Of canvassers of elections 37 Of health 96 Of education 110-175 Of water commissioners 103 Of commissioners of sewers 109 Boarding Mouse Keepers — To report to board of health 97 Boilers— The erection of 23 Bond, Official— Of certain officers 47 Of collector 07 Renewal of 09 Of city surveyors 40 Books and Papers— To be delivered over 50 Of old cities and town 112 Boundaries— Of the city and wards 9 Of fire department districts 51 Bread, Assize and Sale of — Common Council may establish and regulate 29 Bucket Companies — In Western District 87-120 In Eastern District. . . . 87-132 Buildings — Removal of 27-31 Dangerous 30-89 Damages for, when destroyed 91 Burial of the Dead — Regulation of 25 Butchers — Licenses to 25 Cabs— Licenses for 24 Canvass of Elections— Statement of and result 37-S Special act for 190 Carriages — Licenses for 24 Cartmen— Licenses to 24 Cattle running at large — Common Council to regulate 25 Cellars, Cleansing of— Common Council may compel 26 Certificates — Of sales of land 76 Of indebtedness 104 Chief of Police — Salary of 49 Chimneys, Construction of — Common Council may regulate 28 Cisterns— Public 62 City Court — Jurisdiction and organization 51-181 Clerk of 183 City Hospital— Moneys for 29 City Judge — Term of office 51-181-194 City Officers — Their election and duties 34 Resignations or vacancies 49 To deliver up books and papers... . 50 City Surveyors — Appointment and compensation 46 Cleaning of Streets— Contracts for 21 Charges upon the ward 21 Common Council may compel 26 Clerk, City — How appointed 21-47 Term of office and assistant 22 Is clerk of joint board 33 And of board of canvassers 3S To give notices of election 39 To countersign warrants 42 General duties 45 Bond of 47 Clerks— Of street commissioner 42 Of attorney and counsel 44 Of markets 47 In departments 47 Salary of 49 Closing — Streets, &c 52 Collection — Of taxes and assessments 66 Collector — Bond of 47 Salary of 49 May appoint deputies 08 Accounting of 71 Bond of, when sued 73 INDEX. ix Duty as to unpaid taxes 73 Accounts to be examined 10G Commissioner of Eepaibs and Sufplies-- Term of office and duties 43 Commissioners — Of estimate and assessment 54-55 Of fire department, W. D 118 Of fire department, E. D 130 Of drainage and sewerage 169 Of water 163 Common Council — Organization of 22 To publish fiscal statement 23 Meetings of 23-24 Special powers of 24 Powers as to ordinances 24-30 To designate corporation newspapers, 32 Joint board of, with supervisors 32 To be board of canvassers 33 To fix amount of official bonds 47-43 Disabilities of members of 50 To direct local improvements 52 Powers in certain cases 66 To provide a collector's office 66 May suspend collector 67 Members to be firewardens 67 To procure fire engines 87 May borrow moneys 100 May make permanent loans 103 May provide an armory 108 Common Criers— Licenses of 24 Compensation — Of licensed persons 24 Comptroller— His term of office, duties and deputy, 41 Salary of. 41-49 To sign warrants 42 Bond of 47 Constables — How elected 46 To attend city court 185 Conveyances— On sales of land 79 Corporation Newspapers — To be designated 32 Correction — Of taxes and assessments 30 Costs— Of local improvements 61 Cows — Keeping of 25 Damages — From local improvements 54-57-53 For pulling down buildings 91 Burial of 25 Debts — Of the old cities 102-105 Deeds — Of cession of streets 45 Deposit Banks — Of city moneys 42 Deputies — Of comptroller 41 Of street commissioner 42 Of collector 6S Disabilities — Of members of Common Council 50 Disorderly Houses — Common Council may restrain 26 Dispensaries — Moneys for. 29 Discontinuance — Of streets and roads- 52 Districts — Fire and lamp 52 Fire department 51 Of assessment 54 Dogs, Destruction of— Common Council may authorize 25 Drains and Sewers — How made 52-169 Drawbridges — How constructed 52 Driving — Immoderate, in streets 25 Eastern District— Bouudaries of 51 Fire department of 123 Fire limits in 149 Education — Board of 110-175 Election — Of aldermen 20 Of certain city officers 35 Of city supervisors 51 Of assessors 64 In regard to borrowing money. .103-104 Canvass of votes at 37-196 Eligibility — Of aldermen 20 Of city officers 34 X INDEX. Of mayor 89 Embezzlement— Of city moneys 69-107 Estimate— Of expenses for joint board 32 Of damage and benefit 57-01 Excise— Commissioners of 96 Exemptions — Of members of police 85 Uf members of fire department S3 Exhibitions — Of common shows 20 Expenses — In certain cases 54 Of grading and paving streets 02 Of collecting taxes and assessments. . 09 Expulsion— Uf aldermen 22 Extraordinary Expenses— Certain, provided for 100 Fees — Counsel in street cases 41 On deeds of cession 45 Not allowed to city officers 49 Or to policemen 85 Fence Viewers — The aldermen to be 32 Finances — Common Council to manage 24 Department of 101-1C6 Fines and Forfeitures — How remitted 34-45 For violation of ordinances 85 For fire department fund. . . .88-148-101 In suits for violating fire laws..." 92 For violating health law 99 When to be paid into treasury ICS Fire Arms— " m Sale or use of 29 Fire Companies — In Western District 87-120 In Eastern District 87-132 Fire Department — Common Council to establish 24 Organization of 86 Regulation of 88 Charter of, for West. Dist. amended. .113 Commissioners of Western District. . 1 18 Commissioners of Eastern District.. .130 Fire Department Fund — Moneys may be raised for 29 Fire Limits— Powers of Common Council 89-90 Kepairing buildings in, and penalties, 91 In Western District 136 In Eastern District 149 Firemen — Privileges of 88 In Western District 125 In Eastern District 132 Fires — Regulations to prevent 29 Fire Wardens — How appointed. 47 Duties of. S7 Board of 92 For Western District 92-5 For Eastern District 129-30 Fireworks — Sale or use of. 29 Fiscal Statement— Annual 23 What to contain 23 Fiscal Year — Begins when 33 Flagging— Of sidewalks 27 Fourth of July — Celebration of 29 Funds — City accounts classified into 101-2 Gaming Tables — Suppression of 26 Gardens, Public — Regulation of 26 Geese — Running at large 25 Guardians ad litem — In street proceedings 61 Gunpowder — Keeping and conveying 25-147-159 Hacks — Licenses for 24 Hawkers — Licenses to 24 Hay— Selling of 24 Health, Board of — Organization of 96 Powers of 97-S-9 Hospitals of ' 93 INDEX. xi Health Officer- How appointed 47 His duties 99 Hook and Ladder Companies- Id Western District 87-120 In Eastern District 87-132 Horns— Blowing of 30 Horse Racing — Prohibition of 25 Hose Companies — How organized 87 Hospital— Money for city for 29 Of board of health 93 Ice— Removal of 26 Idiots — Sale of lands of 7S III Fame— Houses of 26 Impounding— Of animals 25 Improvements, Local — How made 52-3 Flagging sidewalks 27 Incumbrances — In streets 26 Infants— Guardians for 61 Sale of lands of 78 Inspection — Of unsafe places 28 Inspectors of Pavements — How appointed 47 Interest Moneys — On city debt 33 Joint Meeting — Of Common Council and Supervisors 32 Junk Shop Keepers— Licenses of 24 Jurors — Competency of 107 In city court 1S5-195 Justic es of the Peace — Election and jurisdiction 31-192-194 Justice, Police— Election and jurisdiction of. .31-189-194 Keener of City Hall — How appointed 47 Kites— Flying of 25 Lamp and Fire District — Limits of 33 How enlarged 34 Expenses thereof 83-34 Lamps and Lamp Posts — How erected 52 Land under Water— Jurisdiction over 66 Liabilities — - Of old cities and town 109 Licenses — How granted 24 May be suspended by mayor 40 List of Acts — Relating to the city 200 Loans — Permanent 103 Temporary 104 Local Improvements— Assessments for 52 Petition for, and proceedings 53 Costs of 61 Pending on 1st January, 1855 109 Lots— Draining and filling 27 Manufactories— Unwholesome 27- Dangerous 29 Maps- Hi street commissioner's office 41 For local improvements 55 Of wards 65 Of first five wards 66 Markets — Regulation of 25 Clerks of 47 Mayor — Objections to ordinances 22 May call meetings 24 To preside over joint board 33 May remit fines and forfeitures 34 Term of office 36-9 Duties and powers 39 Vacancy in office of 40 May suspend licenses 40 To sign warrants 42 Salary of 49 To be a fire warden 87 To hold court 184 X1L INDEX. MK ETC MRS — Of Common Council 20-24 Mendicants — Punishment of 2G Message— Annual, of mayor 89 Messenger— To Common Council 47 Minutes— Of Common Council 22 Moneys — For special objects 29 For general purposes 29-32 For fees 44-45 Borrowed, how applied 104 Mortgagees — Notice to 77 Ordinances — To be presented to mayor 22 Take effect when 23 Powers of Common Council 24 Penalties and suits on 31 Publication of 31 To be engrossed 45 Proof of 107 Existing 108 Ovens— Construction of 23 Parks — How opened 52 Paving Streets — llow done 52-62 Pawnbrokers— Licenses of 24 Payment — Of assesments and damages 60 Of commissioners 61 Of taxes and assessments 71-2 Peddlers — Licenses of 24 Newspapers — Of corporation 32 Notices — Of election to be given 3S Of petitions 53 Of meeting to revise report 58 Of assessment 63 Of unpaid assessments 75 To mortgagees 77 Nuisancks — Prohibition of 25 Oath— Of office 48 To accounts 41-43 Of certain commissioners 55 Objections of Mayor— To ordinances and resolutions 22 Obstructions — In streets and wharves 26 Offensive Business — Limits for 27 Officers, City — Duties of 26-30 Compensation for special services 28 Election or appointment 34-46 Term of office 35-47 Offices. City — When declined 4S Of record 107 Omnibuses— Licenses for 24 Opening Streets and Squares— Proceedings for 52 Penalty — In ordinances 81 Of official bonds 47 For not delivering overbooks 50 Perjury— "When under charter 107 Permanent Loans — How authorized 103 Perquisites — Of city officers 49 Physicians — To report to board of health 97 Platforms or Posts — In streets 27 Police — Establishment of 24 Organization of. 80 Police, Chief of — His election and powers SO Clerk of 81 Police Justice— Election and jurisdiction 31-189-194 Policemen — How appointed 82 Their duties and compensation 83-84 Porters— Licenses to 24 POUN DM ASTERS — How appointed 47 INDEX. xiii Powers— Of Common Council 24 President op Common Council — To be annually elected 22 Powers in absence of mayor 40 Privies — Cleaning of 26 Projections— In streets 27 Property op City — Management of 24 Of certain 105 Prostitutes, Common — Punishment of 26 Publication— Of ordinances 31 Of decision of mayor 34 Qualifications — Of aldermen 20 Of city officers 34 Of mayor 39 Quorum — Of Common Council 22 Railroad Cars — Licenses for 24 Regulation of 29 Reassessments — "When to be made 74 Record — Offices of 107 Redemption — Of lands from sales 77 Rejected Taxes — When done to be relevied 74 Removal from Office — How done 50 Removal— Of buildings 27-30 Repairs — Commissioner of 43 Of wells and pumps 21 Of streets 52 Repairing — Streets 52 Repealed— Acts not in Residue of Lots — In opening streets 56 Resignation — Of aldermen 21 Of city officers 49 Resolutions — To be presented to mayor 22 To take effect when 23 Rivers — Bathing in 25 Throwing dirt in 26 Runners— Regulation of 29 Running — At large of animals 25 Salaries — Of city officers 49 Sale of Lands — For taxas and assessments 76 Scavengers — L : censesof 24 Schools, Public — Moneys for 33 Regulation of 175 Sealers op Weights and Measures— How appointed 47 Searching Records — Compensation for 28 Shade Trees in Streets — Common Council may permit 26 Sheep — Running at large 25 Showmen, Common — Prohibition of 26 Sick Persons — In vessels 97 Sidewalks — Flagging of 27 Signs— In streets 26 Sinking Fund— Moneys, how raised for 33 For redemption of water bonds 167 Slaughter-Houses— Regulation of 25-26 xiv INDEX. Snow — Removal of 26 Soap Factories — Removal of 26 Special Laws— Relating to the city U3 Squares — Opening of 52 Stables— Lights in and removal of. 26 Stacks — Licenses for 24 Statfmpnt— Annual fiscal 23-41 Estimated for joint board 32 Of canvass at elections 37-38 Stoops— In streets 27 Stoves — Setting up 28 Street Bkggars — ] Common Council may punish 26 Street Commissioner— Term of office and duties 41 Salary of, and deputy 42-49 Bond of 47 Streets — Opening, paving, closing, &c 52 Flagging sidewalks in 27 Obstructions in 26 Sureties — Of certain city officers 47 Of constables • 48 Of collector. 67 Supervisors— Of city, their election and powers 51 Of city, in joint board 32 Of county, to assess city taxes 34 Surveyors — Appointment and compensation. . .46-47 Suspension — Of licenses 40 Of collector 67 Of policemen 84 Swe EPs- Licenses to 24 Swimming — In the rivers 25 Swine— Regulation of 25 Tallow Chandlers' Shops — Removal oL 26 Taxes— For general purposes 29 Tor special objects 29 Correcting errors in 30 Estimates of 32 How levied 34 Collection of 66 Rejection of 73 Re-levy of 74 Taxes Unpaid — Account of 72 Sale of lands for 76 Redemption from sales for 77 Conveyances on sales for 79 In relation to certain 108 Term of Office— Of aldermen 20-21 Of mayor 36-39 Of cily officers 35 When to commence 46 Of city judge 51 Time— For charter to take effect Ill Transportation of Passengers and Merchandise— Licenses for 24 Treasurer, City — Term of office and duties 42 Bond of 49 Salary of. 49 To receive unpaid taxes and assess- ments 73 To examine collectors' accounts 106 To be treasurer of board of education. 177 Trucks — Licenses for 24 Unpaid Taxes and Assessments — Account of 72 Unsafe Places — Inspection of 28 Vacancies — In office of aldermen 21 In office of mayor 40 In city offices 49 Vacant Lots — In relation to 27 INDEX. XV Vagrants — Punishment of. 26 Vessels— Subject to quarantine 97 Sick persons in 97 Process, how served on 108 Veto— Power of mayor 22 Victualling IIouses— Regulation of. 26 Wagons — Selling articles from 24 Ward Maps — Where filed 65 Waeeants — For violation of ordinances 31 To draw moneys from treasury 42 For collecting taxes and assessments. 70 Water — Lai^f under 66 Providing city with 163 Weights and Measures — Kegulation of 24 Sealer of 47 Wells and Pumps — Repairs of. 21 Construction of 52 Western District — Boundaries of. 51 Fire department of. 113-118 Fire limits in 136 Wharves — Regulation of, 24 Widening— Streets and avenues 52 CHARTER. AN ACT TO CONSOLIDATE THE CITIES OF BROOKLYN AND WIL- LIAMSBURGH AND THE TOWN OF BUSHWICK INTO ONE MUNICIPAL GOVERNMENT, AND TO INCORPORATE THE SAME. PASSED APRIL IT, 1854, THREE-FIFTHS BEING PRESENT. The People of the State of New York, represented in Senate and Assembly, do enact as follows : TITLE I BOUNDARIES OF WARDS. Section 1. All that part of the County of Kings at Boundaries, present known as the cities of Brooklyn and Williamsburgh and the town of Bush wick, and which is bounded easterly by the town of Newtown, Queens county, south by the towns of New Lots, Flatbush and New Utrecht, and west by the town of New Utrecht and the bay of New York, and north by the East river, shall be united into one mu- nicipal corporation, to be known and called the City of Brooklyn. § 2. The First ward of the said city shall comprise the First ward, following district, viz) Beginning at a point on Atlantic 2 10 Second ward. Third ward. Fourth ward. streel where the center lines of Atlantic and Hicks streets intersect each other, and running thence westerly along the center of Atlantic street and a line in continuation thereof to the East river ; thence northeasterly along the East river to a point opposite the center of Fulton street, or a line in continuation thereof; thence southeasterly along the center of Fulton street to the center of Hicks street ; and thence southerly along the center of Hicks street to the place of beginning. § 3. The Second ward of said city shall comprise the following district, viz : Beginning at a point on the East river at the center line of Fulton street continued, and run- ning thence southeasterly along the center of Fulton street to a point opposite the center of Sands street ; thence east- erly along the center of Sands street to the center of Bridge street ; thence northerly along the center of Bridge street and a line in continuation thereof to the East river ; and thence westerly along the East river to the place of beginning. § 4. The Third ward of said city shall comprise the following district, viz : Beginning at a point on Fulton street where the center lines of Fulton street and Hicks street intersect each other, and running thence southeast- erly along the center of Fulton street and Fulton avenue to the center of Boerum street ; thence southerly along the center of Boerum street to the center of Atlantic street ; thence westerly along the center of Atlantic street to the center of Hicks street ; and thence northerly along the center of Hicks street to the place of beginning. § 5. The Fourth ward of the said city shall comprise the following district, viz : Beginning at a point where the center lines of Sands street and Fulton street intersect each other, and running thence easterly along the center of Sands street to the center of Bridge street ; thence south- erly along the center of Bridge street to the center of Ful- 11 ton avenue ; and thence northwesterly along the center of Fulton avenue and Fulton street to the place of beginning. § 6. The Fifth ward of said city shall comprise the fol- Fifth ward, lowing district, viz : Beginning at a point where the cen- ter lines of Bridge street and Johnson street intersect each other, and running thence easterly along the center of Johnson street to the center of Navy street ; thence north- erly along the center of Navy street to the northerly side of Nassau street ; thence easterly along Nassau street to the southwesterly corner of the United States Navy Yard ; thence northerly, northwesterly and northeasterly along the United States Navy Yard to the East river ; thence westerly along the East river to a point on the continua- tion of the center line of Bridge street ; thence southerly along the center of Bridge street to the place of beginning. § 7. The Sixth ward of said city shall comprise the fol- sixth ward, lowing district, viz : Beginning on the East river, at the cen- ter of Atlantic street ; thence easterly along the center of Atlantic street to the center of Court street ; thence along the center of Court street to the center of Fourth place ; thence westerly along the center of Fourth place to the center of Henry street ; thence southeasterly along the cen- ter of Henry street to the center of Coles street ; thence westerly along the center of Coles street to the center of Hamilton avenue ; thence along the center of Hamilton avenue to the East river ; thence along the East river to the place of beginning. [§ 8. The Seventh ward shall comprise the following seventh ward, district, viz : Beginning at a point formed by the intersec- tion of the center line of Bedford and Flushing avenues, running thence southerly along the center line of Bedford avenue to the center line of Atlantic avenue ; thence west- erly along the center line of Atlantic avenue to the center line of Washington avenue ; thence northerly along the 12 center line of Washington avenue to the center line of Blushing avenue ; thence easterly along the center line of Flushing avenue to the point of beginning.]* § 9. The Eighth ward of said city shall comprise the fol- lowing district, viz: Beginning at a point where the center lines of Flatbush avenue and Fifth avenue intersect, and running thence southeasterly along the center of Flatbush avenue to the line of the town of Flatbush ; thence south- westerly along said Flatbush line to the line of the town of New Utrecht; thence souhtwesterly along said line, crossing a highway called Martense's lane; thence southwesterly along said line to the southerly boundary of said city of Brooklyn ; thence northwesterly along the line of New Utrecht to the bay of New York ; thence northeasterly along the said bay and along Gowanus bay to the center line of First avenue ; thence northeasterly along the center of First ave- nue to the center of Fifth street ; thence southeasterly along the center of Fifth street to the center of Second avenue ; thence northeasterly along the center of Second avenue to First street; thence southeasterly along the center of First street to Fifth avenue ; thence northerly along the center of Fifth avenue to the place of beginning. [§ 10. The Ninth ward of said city shall comprise the following district, viz: Beginning at a point where the center lines of Atlantic street and Flatbush avenue inter- sect each other, and running thence southeasterly along the center of Flatbush avenue to the line of the town of Flat- bush ; thence easterly along said line and along the line of the town of New Lots to the center of Division avenue ; thence northwesterly along the center of Division avenue to the center of Flushing avenue ; thence westerly along the center of Flushing avenue to the center of Bedford * As amended. Laws of 1856, Chap. 80. 13 avenue ; thence southerly along the center of Bedford ave- nue to the center of Atlantic avenue ; thence westerly and northwesterly along the center of Atlantic street and Atlan- tic avenue to the place of beginning.]* §11. The Tenth ward of said city shall comprise the Tenth war(1 - following district, viz: Beginning at a point formed by the intersection of the center of Boerum and Fulton streets ; thence easterly along the center of Fulton street and Ful- ton avenue to the intersection of Fulton avenue and Flat- bush avenue ; thence southerly along the center of Flatbush avenue to the center of Fifth avenue; thence southerly along the center of Fifth avenue to the center of First street ; thence northwesterly along the center of First street to the center of Second avenue ; thence southwest- erly along the center of Second avenue to the center of Fifth street ; thence westerly along the center of Fifth street to the center of Smith street ; thence southerly along the center of Smith street to the center of Fourth place ; thence westerly along the center of Fourth place to the center of Court street ; thence along the center of Court street to the center of Atlantic street; thence along the center of Atlantic street to the center of Boerum street ; thence northeasterly along the center of Boerum street to the place of beginning. § 12. The Eleventh ward of said city shall comprise the Eleventh ward, following district, viz: Beginning at a point where the center lines of Fulton avenue and Bridge street intersect each other ; thence running northerly along the center of Bridge street to the center of Johnson street ; thence east- erly along the center of Johnson street to the center of Navy street ; thence northerly along the center of Navy street to the center of Nassau street ; thence easterly along * As amended. Laws of 1856, Chap. 80. 14 Nassau street to the southeasterly corner of the United States navy yard; thence northerly along the same to the East river; thence easterly along the East river and the Wallabout bay to the center of Washington avenue, or a line in continuation thereof; thence southerly along the center of Washington avenue to the center of Atlantic avenue; thence westerly and northwesterly along the cen- ter of Atlantic avenue and Atlantic street to a point where the central lines of Atlantic street and Flatbush avenue in- tersect each other ; thence northwesterly along the center of Flatbush avenue to the center of Fulton avenue, and from thence westerly along the center of Fulton avenue to the place of beginning. Twelfth ward. §13. The Twelfth ward of said city shall comprise the following district, viz : Beginning in the East river on the center line of Hamilton avenue; thence southerly along the center of Hamilton avenue to the center of Coles street ; thence southeasterly along the center of Coles street to the center of Henry street; thence northerly along the center of Henry street to the center of Fourth place ; thence southeasterly along the center of Fourth place to the center of Smith street; thence northerly along the center of Smith street to the center of Fifth street ; thence southeasterly along the center of Fifth street to the center of First avenue ; thence southwesterly along the center of First avenue to Gowanus bay ; thence along the Gowanus bay and East river to the place of beginning. - Thirteenth ward. § 14. The Thirteenth ward of said city shall comprise the following district, viz: Beginning at the permanent * By Laws of 1857, Chap. 13, six lots lying in the Twelfth ward, on the south pier of the Atlantic Dock Company, numbered 53, 54, 55, 56, 5*7, and 58, on the map of the property of that Company, surveyed Septem- ber 1841, by Willard Day, are ceded to the United States whenever the United States shall acquire the title thereto, subject to the jurisdiction of the State for the service of civil and criminal or other process. 15 water line on the easterly side of the East river, where the same would be intersected by the dividing line between the cities of Brooklyn and Williamsburgh ; thence running in an easterly direction along the said dividing line to the center of Ninth street and its intersection with said line ; thence in a northeasterly direction along the center of Ninth street to the center of the intersection of Ninth and Grand streets ; thence in a northwesterly direction along the center of Grand street to the permanent line of the East river; thence southwesterly along the permanent line of the East river to the dividing line between the cities of Brooklyn and Williamsburgh, the place of beginning. § 15. The Fourteenth ward of said city shall comprise £™J teentb the following district, viz : Beginning at the easterly per- manent line of the East river, where the same would be intersected by a line drawn through the center of Grand street ; thence running in a southeasterly direction along the center of Grand street to the center of the intersection of Grand and Ninth streets ; thence in a northeasterly direction along the center of Ninth street to the center of the intersection of North-Second and Ninth streets ; thence in an easterly direction along the center of North-Second street to the center of the intersection of North-Second street and Union avenue ; thence in a northerly direction along the center of Union avenue to the center of the intersec- tion of Union avenue by Fifth street ; thence in a north- easterly direction along the center of' Fifth street to the center of the intersection of North-Fourteenth street by Fifth street ; thence in a northwesterly direction along the center of North-Fourteenth street to the center of the in- tersection of North-Fourteenth and First streets ; thence in a southwesterly direction along the center of First street to the center of the intersection of First and North - Thirteenth streets; thence in a northwesterly direction along the center of North-Thirteenth street to the easterly 16 permanent line of the East river ; thence in a southwesterly direction along the easterly permanent line of the East river to the center of Grand street, the place of beginning. § 16. The Fifteenth ward of said city shall comprise the following district, viz : Beginning at the center of the intersection of South-Second and Ninth streets; thence running in a southeasterly direction along the center of South-Second street to the center of the intersection of South -Second street by Union avenue ; thence in a north- erly direction along the center of Union avenue to the center of the intersection of Wyckoff street by Union avenue ; thence in an easterly direction along the center of Wyckoff street to the center of the intersection of Wyckoff street and Bushwick avenue ; thence in a northwesterly direction along the center of Bushwick avenue to the cen- ter of the intersection of Bushwick avenue and North- Second street ; thence in a westerly direction along the center of North-Second street to the center of the inter- section of North-Second street and Smith street ; thence in a northerly direction along the center of Smith street to the center of the intersection of Smith street and Eichard- son street ; thence in a westerly direction along the center of Kichardson street to the center of the intersection of Kichardson and Leonard streets; thence in a northerly direction along the center of Leonard street to the center of the intersection of Leonard and Yan Pelt streets ; thence in a westerly direction along the center of Yan Pelt street to the center of the intersection of Yan Pelt street by Fifth street ; thence in a southwesterly direction along the center of Fifth street to the center of the inter- section of Union avenue by Fifth street ; thence in a southerly direction along the center of Union avenue to the center of the intersection of Union avenue and North- Second street ; thence in a westerly direction along the center of North-Second street to the center of the intersec- 17 tion of Ninth street by North-Second street ; thence in a southwesterly direction along the center of Ninth street to the center of the intersection of Ninth and South-Second streets, the place of beginning. § 17. The Sixteenth ward of said city shall comprise sixteenth wani. the following district, viz : Beginning at the intersection of Ninth street and the dividing line between the cities of Brooklyn and Williamsburgh ; thence running in a south- easterly direction along the said dividing line to the inter- section with the center of the Brooklyn and Newtown turn- pike ; thence in an easterly direction along the center of said turnpike to the center of its intersection with Bush- wick avenue ; thence in a northerly, northwesterly and northeasterly direction along the center of Bushwick avenue to the center of the intersection of Wyckoff street and Bushwick avenue ; thence westerly along the center of Wyckoff street to the center of the intersection of Wyckoff street by Union avenue ; thence in a southerly direction along the center of Union avenue to the center of the intersection of South-Second street by Union avenue ; thence in a northwesterly direction along the center of South-Second street to the center of the intersec- tion of South-Second and Ninth streets ; thence in a south- westerly direction to the center of the intersection of Ninth street and the dividing line between the cities of Brooklyn and Williamsburgh, the place of beginning. § 18. The Seventeenth ward of said city shall comprise Seventeenth the following district, viz : Beginning at the easterly per- * ard ' manent hue of the East river, where the same would be intersected by a line drawn through the center of North- Thirteenth street ; thence running in a southeasterly direc- tion along the center of North-Thirteenth street to the center of the intersection of North-Thirteenth and First streets ; thence northeasterly along the center of First street to the center of the intersection of North-Fourteenth 18 and First streets ; thence in a northeasterly direction, along the center of North-Fourteenth street to the center of the in- tersection of North-Fourteenth street by Fifth street; thence along the center of Fifth street, in a northeasterly direction, to the center of the intersection of Van Pelt street by Fifth street ; thence in an easterly direction along the center of Van Felt street to the center of the intersection of Van Pelt and Leonard streets ; thence in a southerly direction, along the center of Leonard street to the center of the in- tersection of Leonard and Richardson streets ; thence in an easterly direction along the center of Richardson street to the center of the intersection of the Newtown turnpike (or North road) by Richardson street ; thence in a north- easterly direction along the center of the Newtown turn- pike, in all its turnings, to the center of the Newtown creek; thence in a northwesterly direction along the center of Newtown creek, in all its meanderings, to the permanent line of the East river to a point where the per- manent line of the East river would intercept the center of Newtown creek, if contiuued ; thence along the easterly permanent line of the East river in a southerly direction to the center of North-Thirteenth street, to the place of 1 beginning. Eighteenth § 19. The Eighteenth ward of said city shall comprise the following district, viz : Beginning at the center of the intersection of Richardson street and Newtown turnpike ; thence running in a northeasterly direction along the center of Newtown turnpike to the center of Newtown creek ; thence in a southeasterly direction along the center of Newtown creek to the intersection of the center of the Williamsburgh and Jamaica turnpike ; thence in a south- easterly direction to a certain rock called "Arbitration rock ;" thence south twenty-seven degrees east one hundred and fifty-five chains to a heap of stones ; thence in the same direct line, until it is intersected by the west- 19 erly line of the town of New Lots ; thence in a southerly- direction along said last mentioned line to the northerly- line of the present city of Brooklyn ; thence northwesterly along said last mentioned line, and along the center of Division avenue, to the center of the intersection of Divi- sion and Flushing avenues; thence easterly along the center of Flushing avenue to the center of the intersection of Flushing and Bush wick avenues ; thence in a northerly, northwesterly and northeasterly, and again northwesterly direction, along the center of Bushwick avenue, to the center of the intersection of Bushwick avenue and North- Second street ; thence westerly along the center of North- Second street to the center of the intersection of North- Second and Smith streets; thence northerly along the center of Smith street to the center of the intersection of Smith street and Eichardson street ; thence along the center of Eichardson street to the place of beginning. [§ 20. The Nineteenth ward shall comprise the following ^ a n r ^ eenth district, viz : Beginning at a point formed by the inter- section of the center line of Division avenue with the center line of Flushing avenue ; running thence westerly along the center line of Flushing avenue to the center line of Washington avenue ; thence northerly along the center line of Washington avenue to the Wallabout bay ; thence northeasterly along the Wallabout bay to the line dividing the late cities of Brooklyn and Williamsburgh ; thence easterly along the said last mentioned line to the center line of South-Sixth street; thence easterly again, along the center line of South-Sixth street to the center line of Division avemie ; and thence easterly again along the center line of Division avenue to the point of begin- ning.]* * A uew ward. Laws of 1856, Chap. 80. 20 Wards to be towns. § 21. [Sec. 20.] The said several wards of the said city, except as otherwise provided in this act, shall be con- sidered, and are hereby declared to be, towns of the county of Kings. TITLE II. OF THE COMMON COUNCIL. Common council. Board of alder- men. Qualification. Section 1. The legislative power of said corporation shall be vested in a mayor and a board of aldermen, who together shall form the common council. [§ 2. The board of aldermen shall, on and after the first Monday of May, eighteen hundred and fifty-eight, consist of one alderman to be elected from each ward as herein- after prescribed.]* § 3. Every alderman shall, at the time of his election, be an elector of the ward in which he shall be chosen, and shall have been a resident of the city for at least three years immediately previous thereto. [§ 4. There shall be elected at a charter election to be holden on the first Tuesday in April, eighteen hundred and fifty -eight, one alderman from each ward, whose term of office shall be as follows : 1. Those elected from the wards with odd enumera- tions shall constitute the first class, and this class shall hold office until the first Monday of May, eighteen hundred and fifty-nine. 2. Those elected from the wards with even enumera- tions shall form the second class, and this class shall hold office until the first Monday of May, eighteen hundred and sixty. * As amended. Laws of 1857. April 6. 21 All aldermen elected at any subsequent election to fill the vacancies occasioned by the expiration of the terms of either class, as aforesaid, shall hold their offices for the term of two years, or until their successors have been elected and have qualified. And the term of office of the members of the present board of aldermen shall expire on the first Monday of May, eighteen hundred and fifty- eight.]* [§ 5. The alderman in each ward shall have the pow- er, by contract duly made with the lowest bidder, whose security shall be approved by the mayor, to cause the streets in his ward to be cleaned, and to cause the wells and pumps to be repaired, and the expense thereof shall be a charge upon such ward only. In the performance of this duty he may require the services of the commission- er of repairs and supplies.]! § 6. The members of the common council shall, unless ^ m t ™ n s c ° f UB ' removed for cause, hold office until their places are sup- office - plied by the election of new members, who shall have qualified in the manner provided by this act. In case any alderman shall, after his election or during his term of office, remove out of the ward in which he shall have been elected, his office shall be deemed vacant, and he shall no longer act as an alderman. They may also resign their respective offices at any time by filing written notices thereof with the city clerk, and publishing a copy of such notice in the corporation newspapers ; and the common Vacancy, how council shall have power to direct a special election to sup- ply any vacancy that may occur, but the person so elected shall hold office only for the residue of the term so vacated. §7. The common council shall appoint a clerk, who c Jerk - shall perform such duties as may be prescribed for him. * As amended. Laws of 1857. April 6. \ Ibid. ft 22 The clerk so appointed shall also be the city clerk, and hold his office one year, unless removed for cause ; and by consent of the common council he may appoint an assistant clerk, for whose acts he shall be responsible. Quorum. § 8. A majority of aldermen elected shall constitute a quorum, but a smaller number may adjourn from time to time, and compel the attendance of absent members. HSmoSwunciL § & The common council shall annually elect a presi- dent from its own body, and in his absence a president for the time being, choose officers, appoint its times and places of meeting, determine the rules of its own proceedings, be the sole judge of the qualifications of its members, keep a journal of its proceedings, and may punish or expel a mem- ber for disorderly conduct or a violation of its rules, or de- clare his seat vacated by reasons of absence, provided such absence be continued for the space of two months. But no expulsion shall take place except by the vote of two-thirds of all the members elected, nor until the delinquent mem- ber shall have an opportunity to be heard in his defence. Ordinances, % 10. Every ordinance or resolution of the common bow passed. ° J council shall, before it takes effect, be presented, duly cer- tified, to the mayor, and the approval of the minutes by the common council shall be conclusive evidence that the said ordinance or resolution has been so presented to the mayor. If he approve of it, he shall sign it ; if not, he shall return it with his objections, and file it with the clerk within ten days after he received it ; the said board shall, at its first regular meeting thereafter, enter the objections at length on its journal, and cause said objections to be pub- lished in the corporation newspapers, after which publica- tion it shall proceed to reconsider the same, and if two-thirds of all the members elected shall then agree to pass the same, it shall take effect as a law ; but in every such case the votes shall be taken by ayes and noes, and entered on 23 the journal. And if such ordinance or resolution shall not be returned by the mayor, within ten days after he has received it, it shall become a law in like manner as if he had signed it. But no such ordinance or resolution shall take effect, in any sense, until the day following the next regu- lar meeting of the board, except by unanimous consent of the board ; in which case it shall take effect upon its being approved by the mayor. §11. The common council shall at least once a year, not J > e u t ^ s ti ft ° n n d of more than thirty nor less than twenty days before the an- expenditures nual election, publish in such of the newspapers printed in the city as they shall designate, a full statement of all the receipts and expenditures of every description of the fiscal year ending on the thirty -first day of August preceding such statement, including all the moneys which have passed through the hands of the comptroller or treasurer for any purpose whatever, together with the different sources of city revenue, the amount received under each, the several appropriations made by the common council, the objects for which the same were made, and the sums expended for each ; also any moneys borrowed upon the credit of the city, whether by temporary loans or by the issue of bonds, the terms upon which they were obtained, the authority un- der which they were borrowed, and the purposes to which they were applied, and how much of the same or other city indebtedness has been paid, and by what means. The statement shall also include a detailed account of the city property, existing debts of every description, and the con- dition of the sinking fund, with all such other information as may be necessary for a full understanding of the finan- cial concerns of the city, showing also the relative indebted- ness and property of the portions of said city formerly in- cluded in the cities of Brooklyn, Williamsburgh, and the town of Bushwick. [§ 12. The common council shall hold stated meetings, stated meetings. 24 Special powers. Finances. Wharves Police. Licenses Hay commencing on the first Monday of May ; but the mayor, or in his absence any three aldermen, may call special meetings, by notice to each of the members of said council, served personally or left at his usual place of abode.]* § 13. The common council shall have power within said city to make, establish, publish and modify, amend or re- peal ordinances, rules, regulations and by-laws or the fol- lowing purposes : 1. To manage and regulate the finances and property, real and personal, of the city. 2. To regulate the wharves, piers and slips owned by the city, and direct the affairs thereof. 3. To establish and regulate a day and night police and fire departments of the city, within the limits prescribed by law, and to define and regulate the duties and powers of firemen and police. 4. To license and regulate cartmen, porters, hack, cab, omnibus, stage and truck owners and drivers ; and all rail- road cars running on any railroad established since January first, eighteen hundred and fifty-three ; carriages and vehi- cles used for the transportation of passengers and merchan- dise, goods or articles of any kind (or to authorize the mayor to grant such licenses, and to require the owners to mark the same in such manner as the common council shall designate ;) weights and measures, surveyors, com- mon cryers, hawkers, pedlers, pawnbrokers, junk shop keepers, sweeps and scavengers, and to fix the rates of compensation to be allowed to them, and to prohibit un- licensed persons from acting in either of such capacities. 5. To prescribe the places of selling hay, straw, and other articles from wagons or other vehicles. As amended. Laws of 1857. April 6. I 25 6. To locate, regulate and remove slaughter houses, es- Markets, tablish and regulate public markets, license and regulate butchers, designate the places, times and manner of selling meats, fish, fruits and vegetables, and to prohibit persons from selling without license. 7. To restrain and'regulate the running at large of cat- cattle and swine, tie, horses, sheep, swine, geese or other animals, and to authorize and regulate the impounding and sale of the same for the penalty incurred and cost of proceedings, and to pass ordinances authorizing the destruction of dogs. 8. To regulate or prohibit the keeping of cows, swine cows, and other animals. 9. To prohibit and abate all nuisances. Nuisances. 10. To regulate and prohibit the flying of kites or any Kites, other practice having a tendency to frighten animals or to annoy persons passing in the streets or on the side-walks in said city. 11. To regulate or prohibit swimming or bathing in the Bathing, waters of or bounding the city. 12. To prevent horse-racing and immoderate driving in Racing, said city, and to authorize the stopping of any one who shall be guilty of so doing. 13. To regulate the burial of the dead, prohibit inter- Burials, meats withia such limits as it may prescribe, purchase land for public burial places, direct the keeping and returning of bills of mortality, and to establish such regulations for con- veying the dead through the streets of said city as the health, quiet and good order of the city may, in their opinion, require, or to prohibit the same entirely, if neces- sary. 14. To prohibit or regulate the keeping and conveying Gunpowder, of gunpowder and other dangerous material, to provide for 3 26 Disorderly houses, and gaining. the forfeiture of the same, and the use of candles and lights in barns, stables and other buildings.* 15. To suppress and restrain disorderly houses and houses of ill-fame, gaming tables, ball alleys, the playing of cards or games of chance in places where liquor is sold to be drank, to destroy all instruments or devices employ- ed in gaming, and to restrain and punish vagrants, mendi- cants, street beggars and common prostitutes. 16. To prohibit or regulate the exhibitions of common showmen, or of curiosities or other public exhibitions tending to create or encourage idleness and immorality. 17. To prevent and remove obstructions and incumbran- ces in and upon all wharves, streets and public places, and the throwing of dirt, filth or rubbish on or from the same into the water adjoining ; to direct and regulate the plant- ing, rearing, trimming and preserving of ornamental and shade trees in the streets, parks and grounds of the city ; to enforce the removal of snow, ice or dirt from the side- walks and gutters, and to direct the sweeping and cleaning of streets by the persons owning or occupying the pre- mises fronting thereon. Duties of officers. 18. To prescribe and define the duties of all officers ap- pointed under this act, not otherwise prescribed for by law. Exhibitions. Obstruction of streets. Drinking houses. Unwholesome busiuess. 19. To regulate victualling houses or cellars, gardens and other places where ardent spirits or other intoxicating drinks may be sold, and to prohibit the keeping of the same, except by persons duly licensed. 20. To compel the owner or occupant of any grocery, cellar, tallow chandler's shop, soap factory, tannery, slaugh- ter house, stables, stalls, privy, sewer, or other unwhole- * See section 8 of Title YJL ; and also, Laws of 1855, Chap. 332, and Laws of 1857, Chap. 768. ■ 9 27 some or nauseous house, place or yard, to cleanse, remove or abate the same from time to time, as often as it may be necessary for the health, comfort or convenience of the in- habitants, at the expense of the owner or occupant thereof, and to prescribe certain limits within which it shall not be lawful to erect or establish any offensive or unwholesome manufactory or business. 21. To prevent or regulate the erection or construction ^ c ^ s ° r of any stoop, step, platform, bay window, cellar door, area, descent into a cellar or basement, sign, or any post or erection, or any projection from any building or otherwise, in, over or upon any street or avenue in, or the removal of any house or other building through said city, and to cause the same to be taken out and removed from such street or avenue at the expense of the owner or occupant of the premises. 22. To cause sidewalks to be flagged, and new curb and side-waiks. gutter stones to be put down and laid, where the same do not conform to the ordinances of the common council, ex- cept where the want of conformity is the result of the action of the common council or of any city officer or officers, and the expense thereof to be assessed on the adjoining lots, and collected in the same manner as for regulating, grading and paving streets. 23. To direct the digging down, draining or filling up Braining and 00 ° ' . ° . t . 7 fining up of lots. of lots, pieces or parcels of ground, m all cases m which by a vote of two-thirds they shall decide such digging down, draining, or filling up necessary for preventing any damage or injury to the streets, side- walks, cross-walks, or to the adjoining property, or for abating a nuisance, at the expense of the owners thereof ; to direct the fencing in or closing of vacant lands in said city, and the building and maintaining of sufficient brick or stone walls between any lot or piece of land and any street or avenue adjoin- 28 ing the same in said city, in all cases where such lots or pieces of land shall not properly conform to the level of the streets or avenues adjoining the same, and to require such wall to be built upon any lot or piece of land which shall not so conform, at the expense of the owner or owners thereof, and to be so constructed as to prevent the draining or running of water or any other thing from any street or avenue upon any such lot, and so as to maintain, uphold and preserve the sidewalk of any such street or avenue, and to assess and collect the expenses thereof in the same manner as for regulating, grading and paving streets ; but before any ordinance shall be passed for any of the pur- poses in this, or the last preceding subdivision mentioned, ten days' notice of the application for or the intention to pass such ordinance shall be given to every person to be affected thereby, either personally or by publication in the corporation newspapers. r»y of officer*. 24. To fix and determine a reasonable compensation to be paid to any officer of said city, or other person em- ployed by them, for any service, required of him by this act or by any ordinance or resolution passed by them, for which no specific fee or compensation is provided by this act, to be paid by the person or persons for whom such service shall be performed, for the use of the city ; and to regulate the compensation for the services of any officer of said city, or other person employed by him, for searching the books, files or records of said city for private persons. chimneys 25. To regulate the construction of chimneys, and to compel the sweeping thereof ; to prevent the setting up or construction of stoves, boilers, ovens or other things in such a manner as to be dangerous ; to prohibit the deposit of ashes in unsafe places ; to authorize any city officer, or person or persons whom they may designate for that pur- pose, to enter upon and inspect any place or places, for the purpose of ascertaining whether the same is or are in 29 a safe condition, and if not, to direct or cause the same to be made so ; to regulate the carrying on of manufactories dangerous in causing or promoting fires ; to regulate or prohibit the manufacture, sale or use of fireworks or fire- arms in said city ; to require all such farther or other acts to be done, and to regulate or prohibit the doing of all such further or other acts, as they may deem proper to prevent the occurrence and provide for the extinguishment of fires in said city. 26. To estimate and determine what amount of money Taxes - may be raised to defray the annual current expenditure of the city, and to adopt all legal and requisite measures for levying and collecting it. 27. To regulate and restrain runners for boats, stages, JJ" n t J e 2 c tor railroads, taverns and other houses, and the running of engines and cars through said city on any railroad estab- lished since January first, eighteen hundred and fifty- three. 28. To raise by tax, annually, a sum not exceeding four special taxw. thousand dollars towards defraying the expenses of the city hospital, and the sum of one thousand dollars for the celebration of the anniversary of American Independence, and, in the same manner as the expenses of the fire de- partment shall be raised, the sum of one thousand five hundred dollars for the fire department funds of the western and eastern districts of said city, to be apportioned between them according to the taxable property of each of said districts, and the sum of one thousand dollars, upon the whole city, to be apportioned between the dispensaries now established in the present cities of Brooklyn and Williamsburgh according to the taxable property of the districts in which they are situated. 29. To establish assize of bread, and regulate the sale Bread, thereof. so Ringing of bciis. 30. To prevent or regulate the ringing and tolling of bells, blowing of horns and crying of goods, and other things in said city. EaS&nfL 1 31. To raze or demolish any building or erection which, by reason of fire or any other cause, may become danger- ous to human life or health, or tend to extend a conflagra- tion. Duties of officer 32. To limit and define the duties which are by this act required to be performed by the several officers of the city, and to prescribe such other or further duties to be performed by them or any of them, as it may deem proper. Meeeraarat^iL S3. The common council shall have power to correct and rectify any errors committed in any assessment as well for taxes for the various public purposes of the said city as for improvements, local and general, and may exercise such power as well before as after the confirmation of such as- sessment, on the petition of the person or persons consider- ing themselves aggrieved thereby ; and they may cause to be repaid to the petitioners any excess which may appear to have been paid by them over and above their just and proper tax or assessment, and may also cause to be repaid any amount which the said petitioners shall have paid when justly and equitably they should not have paid the same. The exercise of this power shall be solely in the discretion of the said common council, and they may or may not exercise the same, as in their judgment the justice and merits of the case may require. r^peiiin{? nd § 14. The common council shall also have power to make, establish, alter, modify, amend and repeal all such other ordinances, rules, police regulations and by-laws, not contrary to the laws of this State or of the United States, as they may deem necessary to carry into effect the powers conferred on it by this act or by any other law of this State ; and such also as they may deem necessary and pro- ordinances 31 per for the good government, order and protection of per- sons and property, and for the preservation of the public health, peace and prosperity of said city and its inhabitants. § 15. The common council may allow or permit the re- Removal of moval of any house or other building through or over any street or avenue of said city ; but in no case shall a build- ing be removed into a fire district. § 16. In every by-law, ordinance, or police or sanatary Penalties, regulation the said common council may pass, it may im- pose such penalty for the violation or non-performance thereof as it may deem proper ; but no such by-law, or- dinance or regulation shall extend in its operation beyond the territorial limits of the city. § 17. Suits may be prosecuted in the corporate name of suits, the city against any person or persons who shall violate any provisions of any law, ordinance or regulation of the common council of said city, or who shall neglect or refuse to perform any act or duty thereby required of him or them ; and in every such action it shall be sufficient to state in the complaint the by-law, ordinance or regulation, and the section thereof, upon which such action is brought ; and proceedings for any violation of the ordinances of the city imposing a penalty, may be commenced by warrant for the arrest of the offender, as well as by summons, to be issued by any magistrate or court having jurisdiction in the case before whom complaint shall be made, under oath, and every police justice and justice of the peace elected in said city shall have jurisdiction in all such cases. § 18. Everv general ordinance, by-law. rule or regula- Publication of ° J ° j i o ordinances. tion which may be passed by the common council, im- posing a penalty, shall, after passage thereof, and before the same shall take effect, be published for ten days suc- cessively in the corporation newspapers. Proof of such publication, by the affidavit of the printer or publisher of 32 Corporation papers. such newspaper or papers, taken before any officer author- ized to administer oaths, filed in the office of the city clerk, or a copy thereof certified by said city clerk, shall be deemed conclusive evidence thereof in all courts and places ; but such publication may be proved by any other competent evidence. [§ 19. The common council shall designate three daily newspapers published in said city, having the largest ac- tual average daily circulation therein, one of which shall be printed and published in that part of the city known as the Eastern Fire Department district, in which shall be published all ordinances, resolutions, notices, tax and as- sessment sales, and all other proceedings which by this act or any other act are or may be required to be published affecting said city.]* § 20. the aldermen to be elected, as hereinbefore pro- vided, shall be fence viewers within their respective wards, and shall have and exercise all the powers and authority of justices of peace of towns in criminal proceedings, except the discharge of persons in custody ; but shall not be entitled to reeeive compensation for any services as such justices of the peace. [§ 21. The mayor and comptroller shall, annually, on or before the first Monday of June, present to the common council and supervisors of the city, in joint meeting, a statement in writing of the several sums of money which they shall deem necessary to be raised by tax for the vari- ous purposes contemplated by this act.jf Annual meeting, r-g 22. On that day the said common council and super- visors of the city shall meet in joint board, and then, or as soon thereafter as practicable, shall proceed to determine, Fence -viewers. Yearly estimate of expenses. * As amended, •j- As amended. Laws of 1857, Chap. 131. Laws of 1857. April C. 33 by a majority of at least two-thirds of the members pre- sent, what sums, in addition to such as may be directed by the board of supervisors of the county of Kings to be raised to defray county charges and entitle the city to its distributive share of the public school moneys, are neces- sary to defray the contingent and all other expenses of said city, including any interest due or to become due on the public debt of said city, or any portion thereof, as well as any instalments which may become due thereon, together with such sums as shall hereinafter be authorized for the use and benefit of the public schools of said city, or such as may at any time be required by law to be paid into the sinking fund of the city. The moneys which the common council and supervisors in joint board are authorized to de- termine pursuant to this section, shall be such moneys as shall be required for the municipal year which shall com- mence on the first Monday of January thereafter.]* § 23. The whole of said city, except the eighth, ninth and J;S t and ^ eighteenth wards, shall constitute a lamp and fire district, subject to the several provisions for the enlargement thereof hereinafter contained ; and in determining the amount required to be raised by tax, as provided in the last preceding section, the said joint board shall apportion the aggregate amount thereof between the city at large and the several parts thereof, by specifying how much is to be levied upon the city at large, and how much upon the property within the lamp and fire district. § 24. The mayor shall preside over such joint board, and[™ s j^p fficer the city clerk shall be the clerk thereof, who shall deliver a copy of the resolution, duly certified by the mayor, to the board of supervisors of the county of Kings, at their next annual meeting thereafter ; and the several amounts * As amended. Laws of 1855, Chap. 60. 34 I' \ pen scs of lamp and Are district. Remission of fines. specified in said resolution shall be assessed and rated by said board upon and among the owners of the estate, real and personal, incorporated companies and associations in said city, in the manner herein directed. § 25. No part of the expenses of the lamp and fire dis- trict shall be raised outside of the same ; nor shall any portion of the eighth, ninth and eighteenth wards be in- cluded therein ; but the common council may at any time they think proper, by a vote of two-thirds, embrace any of the improved portions of said wards within such dis- trict, and such portions of the said wards may also be an- nexed to said district upon the application of a majority of the persons interested therein, if the said common council deem it proper so to annex the same. § 26. The common council shall have no power to remit fines for penalties incurred in violation of ordinances, or forfeitures for non-fulfilment of contracts for work done in cases where local assessments shall be laid, but such power may be exercised by the mayor, who shall, before the same be effective, transmit his decision to the common council, with his reason therefor in writing, who shall order the publication of the same. Officers. Qualificaiion for office. TITLE HI. OF CITY OFFICERS, THEIR ELECTION AND DUTIES. [Section 1. The administrative powers of the said cor- poration shall be vested in a mayor, chief of police, comp- troller, auditor, treasurer, street commissioner, commission- er of repairs and supplies, collector of taxes and assess- ments, and such other officers as shall from time to time be created by law or appointed by virtue of this act.]* § 2. No person shall be elected or appointed to any office unless he be at the time of his election a resident and * As amended. Laws of 1855, Chap. 496. 35 elector of the city, and if elected to any ward or district office, an actual resident in such ward or district ; and his removal therefrom shall vacate such office. [§ 3. Elections for mayor, aldermen, and such other officers as are by the provisions of this act to be elected, shall be annually held in each of the wards and election districts of said city, on the first Tuesday of April, at such places as the common council shall designate. The first election for said officers, except for city judge, mayor, comptroller, auditor, treasurer, street commissioner, com- missioner of repairs and supplies, and the collector of taxes and assessments, shall be held on the first Tuesday in April, eighteen hundred and fifty-eight, by the inspectors of election elected at the general election held on Novem- ber fourth, eighteen hundred and fifty-six, and the common council of the city of Brooklyn shall give notice of such election in the corporation newspapers for at least ten days preceding the said first Tuesday in April, designating the places at which the polls shall be held in the various elec- tion districts of the several wards ; and the common coun- cil shall provide a sufficient number of suitable boxes for each and every poll which they shall have designated in conformity with this section. The electors shall vote by ballot in the district in which they actually reside. The mayor, comptroller, auditor, city treasurer, chief of police,* street commissioner, collector of taxes and assessments, and commissioner of repairs and supplies shall be elected as follows : The chief of police to be elected at the charter election to be holden on the first Monday in April, eighteen hundred and fifty-eight, and every three years thereafter. The comptroller, auditor and city treasurer to be elected at the charter election to be holden on the first Tuesday of April, eighteen hundred and fifty-nine, and every three * See Laws of 1857, Chap. 569, entitled "An Act to establish a Met- ropolitan Police District." 36 years thereafter. The mayor to be elected at the charter election to be holden on the first Tuesday of April, eighteen hundred and fifty-nine, and every two years there- after. The street commissioner, collector of taxes and assessments, and commissioner of repairs and supplies to be elected at the charter election to be holden on the first Tuesday of April, eighteen hundred and sixty, and every three years thereafter. And the present incumbents of the several offices aforesaid shall continue to perform the du- ties of their offices until the first Monday of May next after their successors shall have been elected and qualified. The terms of office of the various officers mentioned in this section shall commence on the first Monday of May next after their election.]"* Ballots. [§ 4. On the outside of each ballot shall appear one of the following endorsements : ''judiciary," "mayor," "de- partments," "ward." The ballot endorsed "judiciary" shall contain the names of the candidates for city judge, police justice, and justices of the peace, or one or either of them to be chosen in accordance with this or any other act. The ballot endorsed "mayor" shall contain the name of the candidate for mayor only. The ballot en- dorsed " departments " shall contain the names of the can- didates for comptroller, auditor, city treasurer, chief of police, street commissioner, eollecter of taxes and assess- ments, commissioner of repairs and supplies, or any or either of them whose election may be called for under this act. The ballot endorsed " ward " shall contain the names of the candidates for aldermen, assessors, police captains, and all ward officers whose election is called for under this or any other act. Such ballots shall be deposited in sepa- rate boxes to be provided by the city for that purpose, and all the provisions of law in respect to the election of state officers shall be deemed to apply to elections held under * As amended. Laws of 1857. April 6. 87 this act, so far as the same are applicable and consistent therewith.]* § 5. The original statements which shall be made of the statements of ° o canvass. canvass shall be duly certified by the inspectors. They shall deliver one copy thereof, together with a copy of the poll lists, to the city clerk, and another copy of each to the chairman of the board of canvassers within twenty -four hours after the closing of the polls, which shall remain with them until delivered to the board of canvassers, with- out alteration, supplement or amendment. § 6. For the purpose of canvassing the votes given for gJJJJJjf 1S54 city and ward officers at the general election to be held in November, 1854, the common council of the city of Brook- lyn shall appoint twelve of its number, the common coun- cil of the city of Williamsburgh shall appoint four of its number, and the inspectors of election of the two election districts of the town of Bush wick shall each appoint one of their number ; such appointments shall be made at least two weeks before said election, and the persons thus ap- pointed shall constitute a board of canvassers for said elec- tion, with power to appoint its own chairman and clerk. Said board shall meet and organize in the common coun- cil chamber of the city of Brooklyn at least one week be- fore said election ; the statements of canvass shall be de- livered to such chairman and clerk, as provided in the fifth section of this title; and said board shall thereupon proceed to canvass such statements at the same time and in the same manner as hereinafter provided. § 7. For the purpose of canvassing the votes given for Board of the city and ward officers at any election except the said election in November, 1854, the common council shall con- stitute the board of canvassers. The mayor, or in his ab- * As amended. Laws of 1857. April 6. See Laws of 1857, Chap. 291, entitled " An Act to provide a more certain canvass and estimate of votes at each election in the cities of New York and Brooklyn." 38 scnce the president of said board, shall preside, and the city clerk or his assistant shall be the clerk thereof. They shall meet at the room of the common council on the Mon- day next following the election, at or before five o'clock of that day, and a majority of aldermen shall constitute a quorum. The clerk shall then produce the original state- ments of canvass in each district, as the same shall have been delivered to him, and from them the board shall pro- ceed to ascertain the votes given at such election for the several persons voted for thereat for the several offices mentioned in such statements. § 8. They shall make a written statement of the whole number of votes given for mayor of said city, as well as for the several other officers to be elected for said city and the several wards thereof ; the names of the persons to whom such votes were given, and the number of votes given to each. resui? cate ° f § ®' ^P on sucn statement the board shall proceed ro determine and declare what person or persons have re- ceived the highest number of votes for each of the offices mentioned in such statement. In case any two or more persons shall have received an equal number of votes for the same office, the board shall determine by lot between them. The statement and final declaration of the board shall be certified by the presiding officer and clerk, and filed in the office of the city clerk. Minutes of § 10. The clerk shall keep proper minutes of the pro- ceedings of the board, and enter the same, with the state- ment and declaration of the board, in the book of minutes of the common council. Said statement and declaration shall, within one week thereafter, be published in one or more of the newspapers printed in each of the districts of said city. And within ten days after the board shall have determined what persons have been elected to the several Statement of votes. 39 offices in said city, the clerk shall cause written notice of his election to be given to each of the persons so elected. § 11. The mayor shall be elected every two years, and mayor " no person shall be eligible to that office unless he has re- sided in the city at least five years, and has attained the age of twenty-five years. His salary shall not be less than two thousand dollars per annum. He shall, by virtue of his office, be a supervisor of the city of Brooklyn, and shall possess all the jurisdiction and exercise all the powers and authority in criminal cases of a justice of the peace of said city, in addition to the powers heretofore given him by this or any other act ; but shall receive no fees for his services as such justice of the peace, or for his services as super- visor. It shall be his duty : 1. To communicate to the common council, at their first Duties, meeting in the month of January, each year, and oftener if he shall deem it expedient, a general statement of the situa- tion and condition of the city in relation to its government, finances and improvements, with such recommendations as he may deem proper. 2. To be vigilant and active in causing the laws and ordinances of the city to be duly executed and enforced, and to exercise a constant supervision over the conduct and acts of all subordinate officers, and to examine into all complaints preferred against them for a violation or neglect of duty, and generally to perform all such duties as may be required of him by law ; for which purpose he shall have and possess all the authority and power, in criminal cases, to arrest and commit for examination all offenders for offen- ces committed within said city against the laws of this state, of a police magistrate or justice of the peace of any of the towns of this state, and for the preservation of the peace. And shall have the power and authority to issue warrants against any and all persons violating any of the ordinances, by-laws or regulations of the common council * 40 or of the board of health, or to direct the proper officers to arrest such persons and summarily to hear, try and deter- mine and dispose of the same, where the penalty imposed by said ordinance, by-law or regulation shall not exceed ten dollars. And in case the penalty imposed by said ordinance, by-law or resolution shall not be paid forthwith, upon such person being adjudged guilty, then the said mayor shall have power by warrant under his hand and seal, to commit the said offender to the county jail of Kings county for a term not exceeding thirty days, or until the fine is paid ; and in cases where the penalty shall exceed ten dollars, the said mayor may, after examination, hold the parties to bail. And in all cases where such person shall hold a license or warrant, granted by the common council or any of the officers thereof, it shall be lawful for the said mayor to suspend said licenses, or warrant, or the person so found guilty, from the benefits and privi- leges of said license or warrant, until the common council shall pass upon the same. And it shall be the duty of the mayor to report the fact of such suspension, together with his reason therefor, to the common council at the next meeting thereof. And no person so suspended shall be entitled to any benefits, privileges or rights under such license or warrant until the suspension shall be removed by the common council. vacancies. § 12. Whenever there shall be a vacancy in the office of mayor, or whenever the mayor shall be prevented, by ab- sence from the city, by sickness or any other cause, from attending to the duties of his office, the president of the common council, or if the said president shall be absent or disabled, the president to be elected pro tempore, shall act as mayor and possess all the rights and powers of the mayor during the vacancy in office caused by the absence or dis- ability of the mayor or of the president of the common council, and the said president shall receive the same 41 compensation as the mayor, while acting in such ca- pacity. § 13. There shall be a comptroller, who shall be elected by comptroller, the city at large every three years, except as hereinafter men- tioned. He shall render to the common council, as often as required, a full and detailed statement of all the receipts and disbursements of the city government from time to time, specifying the amounts expended and unexpended on each appropriation made by the common council, with the state of account, together with a general statement of the liabilities and resources of the city, and such other in- formation as may be necessary to a full understanding of the financial affairs of the city. He shall also, under the direction of the common council, prepare the annual state- ment hereinbefore directed to be published, and manage all the financial concerns of the corporation, in addition to such duties as may be required of him by law, and shall be entitled to receive such salary as the common council shall determine, and by consent of the common council may appoint a deputy comptroller, for whose acts he shall be responsible. He may administer an oath to any person or officer who shall be required to render any account or make any return to him, or furnish proof of his right to receive any sum of money, or any evidence of indebted- ness from the said comptroller, or from the city of Brooklyn. §14. There shall be a street commissioner, who shall s . treet co,nmls sioner. be elected by the city at large every three years. He shall perform all such services as maybe directed in relation to the opening, widening or regulating, grading and pav- ing streets and avenues, with such other duties as may from time to time be prescribed for him by the common council, not inconsistent with this office. He shall receive and have charge of all maps, books and papers appertain- 4 42 ing to his department, and shall be entitled to such salary as the said common council shall determine ; and by con- sent of the common council may appoint a deputy street commissioner, for whose acts he shall be responsible, and who shall hold his office during the pleasure of the street commissioner. The deputy street commissioner shall pos- sess all the powers and discharge all the duties of the street commissioner, in case of the absence of that officer. The street commissioner shall also have power to appoint such other clerks and subordinates in his department as the common council shall from time to time deem neces- sary. § 15. There shall be a treasurer, who shall be elected by the city at large every three years, except as hereinafter mentioned, who shall receive and deposit daily, under the direction of the common council, all moneys belonging to the city in such banks, to the credit of the city, as the common council may direct, and upon such terms as the common council may determine, or in default thereof, in such banks as he may think fit, but no greater amount shall be deposited in any one bank than one-quarter of its capital. He shall countersign all warrants, also keep an accurate account of all receipts and payments, and make weekly returns thereof in such manner as the common council shall direct. The common council shall make or- ders for the payment of all moneys to be drawn out of the treasury, and no money shall be drawn or paid out of the treasury except in pursuance of such orders appro- priating the same, and upon warrants signed by the mayor or acting mayor and comptroller, and countersigned by the city clerk, or in his absence by his assistant. Such warrants shall specify for what purpose the amount therein mentioned is to be paid, the appropriation against which it is drawn, and the date of the ordinance making the same ; and the said clerk shall keep an accurate account 43 of all orders, directing moneys to be paid by the treasurer, in a book to be provided for that purpose. § 16. There shall be a commissioner of repairs and sup- commissioner o# v . repairs. plies, who shall be elected by the city at large every three years, except as hereinafter mentioned. He shall, under the direction of the common council, have charge of all repairs and supplies of and for the public buildings, station houses and bell towers, wharves and piers belong- ing to the city, and of and for the pavements, side and cross-walks, fire engines and other property of the fire department, lamps, oil and gas, fuel and stationery for the public offices of the city. He shall perform such other duties as shall from time to time be prescribed for him by said common council, not inconsistent with his office, and receive a salary to be determined by said common council ; and by consent of the common council may appoint a deputy commissioner and foreman of repairs and supplies, for whose acts he shall be responsible; and shall have power, under the direction and by the consent of the mayor and the aldermen of the ward where repairs are re- quired to be performed immediately, to expend in such repairs an amount not exceeding fifty dollars on any such occasion. § 17. There shall be an auditor, who shall be elected by Auditor, the city at large every three years, except as hereinafter mentioned. It shall be his duty to examine all bills pre- sented against the city for payment. ~No claims against the city, or for local improvements, or otherwise howso- ever, shall be paid, unless he shall certify the same to have been incurred under due authority of law, and that the services have been rendered or the materials furnished for which such bills may be presented, and that the charges are just and reasonable, or according to contract. He may require the oath mentioned in section twelve of this title, and may administer the same. 44 utornejand g 18. The common council shall appoint a suitable and proper person as, and who shall be the attorney and coun- sel for the corporation. He shall have the management, charge and control of all the law business of the corpora- tion, and the departments thereof, and all the law business in which the city shall be interested; draw all leases, deeds and other legal papers for the city, and shall be the legal adviser of the mayor and common council and the several departments of the corporation ; he shall have the charge, management and control of, and shall conduct all the proceedings necessary in opening, widening, altering or closing streets, avenues, parks, roads or lanes, and all other local improvements of the same kind, and he shall have the power and authority from time to time, during his con- tinuance in office, to authorize an attorney or other person to appear for him in his name, for and on behalf of the said corporation, and conduct and defend suits and pro- ceedings in all courts and places. The said attorney and counsellor shall devote the whole of the business hours of the day to and for the use of the corporation and business above set forth. He shall receive from the common coun- cil an annual salary of three thousand dollars, to be paid quarterly, exclusive of all disbursements, and in full for all services rendered or performed by him for the corpora- tion, including all attorney and counsel fees arising or which may accrue on any proceedings for any local improve- ments or otherwise ; all which fees shall belong to and be paid into the city treasury. The common council shall provide suitable apartments for the said attorney and counsel in the City Hall, with all the necessary furniture and stationery, and shall allow and pay the said attorney and counsel such further sum as may be necessary, not to exceed two thousand five hundred dollars annually (to be paid quarterly,) in full for the services of any attorney and clerk he may employ, which salary shall be in lieu of all 45 fees and perquisites whatever as such attorney and coun- sellor, and he shall hold his office for the term of one year from the time of his appointment. § 19. ISTo fines imposed for a violation of any of the §J™ ission ordinances, by-laws or regulations of the common council shall be remitted by the mayor until after having received the advice in writing of the said attorney and counsellor. And no deed of cession of any street or parts of streets, avenues, lanes, roads or parks, shall be accepted by the said common council until the title of the parties ceding the lands on the same shall have been examined and ascer- tained by the said attorney and counsellor, and he shall report to the common council such fact in writing. The fees and expenses thereof to be paid by the parties execut- ing the deed of cession, which said fees and expenses shall be paid into the treasury for the use of the city. § 20. The city clerk shall, in addition to the duties in clerk this act required of him, have charge of all the papers and documents of the city, countersign all licenses granted by the mayor or the board of excise, and keep the record of the proceedings of the common council. He shall perform all the duties of the clerks of the several towns of this state, not inconsistent with this act. He shall engross all the or- dinances of the common council, in a book to be provided for that purpose, with proper indexes, which book shall be deemed a public record of such ordinances, and each ordi- nance shall be signed by the mayor or acting mayor and said clerk. Copies of all papers duly filed in his office, and transcripts thereof, and of the records of proceedings of the common council, and copies of the laws or ordinances of the said city, certified by him under the corporate seal, shall be evidence in all courts and places of the matters therein contained. He shall also receive and pay over to the treasurer all moneys which by any law or usage are paid to the clerk of the city. 46 city surveyors. § 21. The common council shall annually appoint so many city surveyors as it shall deem proper, and fix their compensation for services in the opening or grading of any street, avenue, square, or making any other local improve- ment, and in all other cases in which they may be em- ployed by the common council, and shall require from them bonds with such penalties as they may deem sufficient to secure the faithful performance of all their duties. constables. § 22. There shall be annually elected, in each ward, one constable, who shall perform such duties as are by law prescribed to constables in other towns and counties of the state. He shall not be considered as attached to the police force, except when specially required by the mayor or chief of police. S al tcnn of [§23. The official term of the several persons who shall be elected in pursuance of this act shall commence on the first Monday of May next after their election, and the official terms of all persons who shall be appointed to any office or place, in pursuance of this act, shall commence as follows : 1. Such as are required to give security for the perform- ance of their duties from the time such security shall be given and approved as now provided by law. 2. Such as are not required to give security from the time they shall have taken and filed the oath hereafter mentioned.] * x * o£r S ntmcntof [§24. The common council, in a meeting on the first Monday of May, eighteen hundred and fifty-eight, or as soon thereafter as practicable, at which the mayor or pre- sident of the common council shall preside, and from time to time as may be necessary, shall by ballot appoint a * As amended. Laws of 1857, April 6. 47 suitable person as clerk, one health officer, and a messenger to the said common council, and a keeper of the City Hall, three inspectors of pavements, and shall also, by ballot or otherwise, as they may determine, appoint so many fire-war- dens, pound-masters, clerks of markets, inspectors of meats, surveyors, sealers of weights and measures, and clerks of departments as they shall deem it expedient to appoint. All persons so appointed shall hold their respective offices until the first Monday of May next after their appointment, and until their successors shall have been appointed and have qualified, unless sooner removed for official miscon- duct. The common council shall, at its first meeting in May, eighteen hundred and fifty-nine, or as soon thereafter as practicable, appoint an attorney and counsel to the corpora- tion, who shall hold his office for the term of two years from the time of his appointment, and the present incum- bent shall continue to be attorney and counsel until his successor shall have been appointed as aforesaid.]* § 25. The treasurer of the city, comptroller, collector of sureties, taxes and assessments, auditor, street commissioner, city clerk, the attorney and counsellor, and such other officers as the common council shall direct, shall severally execute a bond to the corporation, in such penalty as the said com- mon council shall require, except as herein otherwise pro- vided, with such sureties as said common council shall approve, conditioned for the faithful performance of their respective duties, and for accounting and paying over all moneys by them respectively received in their official capa- * As amended. Laws of 1857, April 6. It seems that after the expira- tion of the first appointment of attorney and counsel under this amend- ment, there is no limit to the term of the appointment of that officer, but that it is to be held during the pleasure of the common council, under the first clause of section 18 of this Title. 48 cities. In case such officers shall refuse or neglect, for ten days after they are notified of their election or appoint- ment, to execute and deliver to the city clerk the bond herein required, such neglect or refusal shall be immedi- ately reported to the said common council, who may de- clare such office vacant, and forthwith proceed to appoint another in his place. § 26. The constables elected by the several wards shall also, with such sureties as the said common council shall approve, severally execute and deliver to said corporation a bond for the faithful performance of their duties, and for the due payment, to every person who may be entitled thereto, of all such sums of money as such constable may become liable to pay by means or on account of any ex- ecution or other process which shall be delivered to him for collection. § 27. The sureties referred to in the last two preceding sections shall justify in such form as the common council shall prescribe, and the bonds thereby required, after hav- ing been duly approved, shall be filed in the office of the city clerk, except that the bond of the city clerk shall be filed in the office of the comptroller, before any one of the officers required to execute the same shall enter upon the duties of their respective offices. § 28. Every person elected or appointed to any office in pursuance of this act, or of any law or ordinance of the common council, shall, before he enters upon the duties of such office, take and subscribe, before the mayor, city clerk, or some person authorized to administer the same, the con- stitutional oath of office of this state, and file the same in the office of the city clerk ; and if any such person shall neglect to take such oath for ten days after receiving notice of his election or appointment, or shall neglect for the like space of time to give such security as may be required of him, he shall be considered as having declined such office, Amount of surety. Oath of office. 49 and the same shall be deemed vacant; and if and when- ever any vacancy shall occur in any of the offices to which by this act the common council may make appointments, it shall proceed to appoint suitable persons to fill such vacancies. § 29. The common council shall grant and pay to the salaries, mayor, comptroller, auditor, street commissioner, chief of police, collectors of taxes and assessments, attorney and counsellor, treasurer and all other officers, assessors, com- missioners, clerks or other subordinates, elected or ap- pointed under or in pursuance of this act (except to alder- men and supervisors,) such stated salaries as it may from time to time deem proper or shall be fixed by this act ; but such salaries shall be instead of all fees and perquisites whatever, for services to be performed by such officers; and all such fees and perquisites shall be collected and paid to the treasurer of the city for the use of the city by every such officer and clerk monthly, under oath, to be filed with the comptroller, before he shall be entitled to receive any such salary, but no officer's salary shall be either increased or diminished after his election and during his continuance in office. § 30. Any officer elected under this act may resign his Resignations and ™ i .. . . .. vacancies. omce by giving notice, in writing, of his intention to the city clerk and publishing a copy of such notice in the cor- poration newspapers ; and any officer failing to discharge the duties of his office for the space of one month shall, unless excused by the common council, be deemed to have resigned. Whenever a vacancy shall occur in any of said offices, except in the office of alderman, whether caused by death, removal, or otherwise, the common council may proceed, by ballot, to fill the vacancy until the next ensu- ing charter election, when a person shall be elected for the balance, if any, of the term so vacated. 50 Removals § 31. Any officer, except the mayor, may be removed from office for misconduct by the resolution of the common council, provided that no such removal shall take place until the party sought to be removed has had an oppor- tunity to be heard on his defence, nor unless two-thirds of all the members elected, respectively, vote therefor. Whenever any such removal shall take place, the cause therefor, together with the ayes and noes upon the vote taken, shall be entered at large upon the journal of the common council. Penalty for not § 32. If any person, having been an officer of said city, delivering over ° J * ° J 1 ■ ! shall not, within ten days after he shall have vacated or been removed from the office, and upon notification and request by the city clerk, or within such time thereafter as the common council shall allow, deliver over to his successor in office all the property, books and papers be- longing to the city, or appertaining to such office, in his possession or under his control, he shall forfeit and pay to the city the sum of five hundred dollars, to be sued for and recovered with costs. Members of § 33. No member of the common council shall, during certain disa- ' the period for which he was elected, be appointed to or competent to hold any office the emoluments of which are paid from the city treasury ; or be directly or indirectly in- terested in any contract, work or business, or the sale of any article, the expense, price or consideration of which is paid from the said city treasury, or by any assessment levied by any act or ordinance of the said common council ; nor shall any such member be directly or indirectly inter- ested in the purchase of any real estate or property belong- ing to the corporation, or which shall be sold for taxes or assessments, or become security for any officer appointed by said common council, or for any contractor under the city government. 51 § 34. There shall be elected annually in each ward, at supervisors, the same time with the other city officers, a supervisor, who shall possess all the powers and be entitled to the compensation of a supervisor of the county of Kings; and the said supervisor shall possess the powers and per- form the duties in the city court of Brooklyn now invested by law in the aldermen of said city. § 35. That portion of the city lying south and west of Districts, the Navy Hospital and Flushing avenue, shall be denomi- nated the Western District ; and the present city of Wil- liamsburgh and the town of Bushwick, and that portion of the city of Brooklyn lying north and east of the Naval Hospital and Flushing avenue, shall be denominated the Eastern District.* § 36. The j urisdiction of " the city court of Brooklyn" ™^ ™ is hereby extended to the city hereby incorporated, and the powers of said court and of the judge thereof shall be the same as if the city hereby incorporated had been in- cluded in the act establishing said court and amending the same. The election of city judge shall be held at the gen- eral election in November, 1854, and at the general elec- tion every six years thereafter. *By Laws of 1855, Chap. 496, all local distinctions in relation to the Eastern and Western Districts of the city are abolished, except so far as relates to the fire department. 52 TITLE IV. OF ASSESSMENTS FOR PUBLIC OR LOCAL IMPROVEMENTS. [Section 1. The common council shall have power, under the restrictions and limitations hereinafter mention- ed, to cause streets and avenues to be opened and widened, and to be regulated, graded and paved, and to cause pub- lic squares and parks to be opened, regulated, ornamented and protected, and streets and avenues to be kept in re- pair, and from time to time to be repaved, or regraded and repaved ; to close up and discontinue roads, streets, lanes and avenues ; to provide that lamp posts and lamps be erected, and cisterns made for the purpose of furnishing water in case of fire ; to cause sewers and drains,* wells and pumps to be constructed and repaired, and generally to have such other improvements in and about such streets, avenues and squares as the public want and convenience shall require. The expense of all such improvements (ex- cept for repairs) shall be assessed and be a lien on the property benefited thereby, in proportion to the amount of said benefit. In all cases where the common council shall decide upon the grading and paving any street or avenue, they shall cause a sufficient number of culverts or drains to be constructed under such street or avenue as may be necessary to carry off the surface water of the lands which shed their water across the line of such street or avenue. The term " improvements" in this section shall be con- strued and is hereby declared to embrace any drawbridge * By Laws of 185*7, Chap. 521, entitled "An Act in relation to sewerage and drainage in the city of Brooklyn," this power in relation to sewers and drains is transferred to the board of water commissioners. 53 that, in the opinion of the common council, may be requir- ed to connect one part of a street or avenue with another part thereof, or with some other street or avenue, and the common council shall have the power to cause the same to be constructed accordingly ; but it shall not be lawful to erect, create or construct any such drawbridge over the Gowanus creek or canal unless it shall have a draw in it of not less than thirty-four feet in width in the clear.]* § 2. No proceedings shall be taken to open any street, Petition, park, avenue or square, unless upon petition, signed by a majority of the persons owning land situated on the line of the said improvement ; and all streets and squares now opened or used as such, and streets and squares to be opened and widened by the proceedings under these pro- visions, or to be ceded to and accepted by the common council, shall be under the jurisdiction, management and control of the said common council for the purpose of making the improvements before mentioned, as the pub- lic wants and convenience shall require, and for all pur- poses mentioned in or necessary for the fully carrying into effect all the provisions in this act, and the powers granted to the common council by this or any other act. § 3. Whenever a petition for opening or widening any Proceedings on street, road, avenue, park or square in said city, signed by pe 1 10 "" a majority of the persons owning land situated on the line of the same, shall be presented, the common council of said city shall cause a notice to be published, in two of the newspapers published in said city, that such application has been made, and of the time (which shall not be less than twenty days after the first publication of such notice) when they will proceed on said petition, which notice shall be published daily for two weeks successively ; and unless * As amended. Laws of 1857, Chap. 601. 54 a remonstrance, signed by a majority of the persons who will be assessed for the expenses thereof, shall be presented to them on or before the day specified in said notice, and if they shall deem the application proper, they ma}^, on the day specified in said notice, or as soon thereafter as may be, by a resolution, decide to allow such improve- ment to be made. Before giving notice of the pendency of such application, the common council shall fix the limit or district of assessment beyond which the assessment shall not extend ; and a description of such limit or dis- trict shall be inserted in and form part of such notice. If the common council shall deem it proper to permit such improvements to be made, they shall cause application to be made to the county court of the county of Kings, or in case of the disability of the county judge, by reason of interest or otherwise, then to the supreme court at a special term held in the county for the appointment of three per- sons as commissioners to estimate and assess the expense of said improvement, the amount of damages and benefit to be sustained and derived therefrom by the owners of such lands and buildings as may be affected thereby. The ' persons so appointed shall not be interested in the improve- ment. The said court may also appoint another or others to act in the place of any one or more of such commis- sioners who may die, decline serving, remove from the city, be or become interested in the improvement, or from any cause may be disabled from serving. Expenses in case § 4. The persons so applying and who shall have signed prayer of peti- J 1 . . tion is denied. a petition for any such improvement, shall be chargeable with, and are hereby declared liable for all charges and expenses which may accrue on such application, if the same is refused by the common council ; and also for all costs, fees, damages and expenses which shall not be col- lected on any proceedings instituted under any such peti- tion or petitions by the common council. • 55 § 5. The common council of the city of Brooklyn shall Ma P s ofpremi- 3 m J J sea to be taken. cause a map to be made under the direction of the street commissioner, by a competent surveyor, on which map shall be designated by feet and inches, as near as may be, the several pieces of land and premises necessary to be taken for the improvement, and of any residue of lots or pieces of land, within the district of assessment, of which only a part will be required of the same ; and also the several pieces of land and premises within the district of assessment laid out by said common council, which said several pieces of land shall be numbered in figures from one upwards ; and the map aforesaid shall form and constitute a part of the report of the commissioners of estimate and assessment, and shall be deposited with the report for examination in the office of the clerk of the county of Kings. § 6. The said commissioners shall be sworn, before some commissioners ' to be*s\vorn. officer authorized to administer oaths, faithfully and im- partially to perform the duties which shall devolve upon them by virtue of said appointment, and shall then proceed with all reasonable diligence to make the estimate and as- sessment mentioned in the preceding section ; and for this purpose they shall have power to enter upon and examine any premises which, in their opinion, will be affected by said improvement, to hear the proofs and allegations of the parties interested at such time and place as they may ap- point, and to continue such hearing by adjournment from time to time as they may deem proper. § 7. The report of said commissioners shall be made in a R ?P° rt of c,mv * missioners. tabular form, with columns, in which shall be distinctly given the whole expense of the proposed improvement and the several items thereof, the number on the map of the pieces of land required for the improvement, and of any residue, lots or pieces of land, within the district of assess- ment, of which only a part will be required for the same ; 56 the number of the pieces of land assessed for benefits ; the names of persons interested in the property taken or as- sessed for the improvement ; the amount awarded to the different parties interested in the lands and premises re- quired for the improvement ; the amount assessed on each piece of land, and on the different interests therein ; the balance of award to be received by the respective parties over the assessment ; the balance of assessment to be paid by each individual whose assessments amount to more than the award; and so many and such other different columns and tabular statements as may be necessary to designate the true interests of the parties in the lands and premises required for the improvement and their liabilities in rela- tion thereto. § 8. When a residue shall be left of any lot or lots ne- cessary to be taken for such improvement, the said com. missioners may, in cases where injury or injustice would otherwise be done, and with the consent, in writing, of the owner or owners of such lot or lots, include the whole or any part of such residue in their report (briefly describing the same), and estimate separately the value thereof. Every such residue or part of a residue, which shall be so included, shall, upon the confirmation of said report, as hereinafter provided, and the payment or tender of the amount at which the same shall be so estimated to the owner or owners thereof, vest in fee simple in the city of Brooklyn, who shall thereupon sell and dispose of the same, at a price or prices not less than the sum at which it shall have been so estimated, to the owner or owners of the next adjacent lands; and if he or they shall not upon rea- sonable notice, to be determined by the common council of said city, elect to take the same at such price or prices, it shall be disposed of at public auction, upon such notice as the common council shall deem proper, for the best price or prices that can be obtained for the same. In case 57 the same shall sell for a less sum than that at which its value was estimated by the commissioners, the deficiency shall be deemed a part of the general amount of loss and expense arising from the improvement. And for the pur- pose of providing for the event of such deficiency, and for the payment of the amount thereof, the commissioners shall include, in the estimate and assessment of the expense of such improvement, the estimated value of any such residue, or part of a residue, which may be included as aforesaid in their report, and upon the sale of the same, as above provided, the proceeds thereof shall be credited and allow- ed to each of the persons assessed, in proportion to the amount of the respective assessments against them. § 9. In other cases in which part only of the land and {f^Sf 6 f premises of any person or persons will be required for any such proposed improvement, the fair estimated benefit to be derived by him, her or them, in common with others, for the said improvement, shall be assessed and be a lien upon the residue of such land and. premises, but such as- sessment shall in no case exceed the value of such residue ; and if in the opinion of the court to whom the said report shall be presented for confirmation, as hereinafter provided, any assessment shall exceed such value, it shall be good cause against confirming the said report. § 10. When all the land and premises of anv person or Estimated 1 J 1 damages. persons will be required for the contemplated improvement, or where part only thereof will be required and the esti- mated damages to be sustained by the appropriation of such part to the purposes thereof shall exceed the fair es- timated benefit which, in common with others, he, she or they will derive from the said improvement, the amount of the estimated damages in the first case, and of the excess of such estimated damages in the last, shall be assessed and be a lien on other lands and premises, according to the estimated benefit to be derived from the said improvement. 5 58 Damages by & 11. The said commissioners shall also estimate in their Intervening J lands. said report any damages arising from the said improvement which may be sustained by the owner or owners of any land bounded on public highway by reason of the location of the proposed street, avenue or square, in such manner as to interpose the land of any other person between such proposed street, avenue or square and the said highway; and the amount of such estimated damages shall be assess- ed and be a lien on other lands and premises, according to the benefit to be derived by them respectively from the said improvement. Sgt^reviL 6 ^" § 12> After said ^port shall be completed, it shall be report. fi\ Q ft sa ^ commissioners in the office of the clerk of the county of Kings. They shall then cause a notice to be published that the same has been completed and filed, and that they will meet at a time and place therein to be specified, not less than ten days from the first publication of such notice, to review their report. During that time the said report may be examined, free of expense, by all persons interested ; and at the time and place so specified any person may olFer objections in writing to the said re- port, and accompany the same with such- affidavits as he may think proper. The said commissioners shall there- upon, or as soon as conveniently may be thereafter, review their said report, and correct the same where they shall deem it proper, and shall then again file the same in the office of the clerk of the said county of Kings. The com- mon council shall then cause a notice to be published, in the newspaper or newspapers employed by the said corpo- ration, that the said report has been so completed and filed, and that application will be made on behalf of the said common council to the county court of the county of Kings, or to the supreme court at one of the special terms thereof, the time to be specified in such notice (and in either case not less than ten days from the first publication 59 thereof,) to have said report confirmed. During the said space of ten days the said report shall remain open to the inspection, free of expense, of all persons interested ; and any such, person may, within that time, appeal from said report. Such appeal shall be by notice, to be served on Appeal, the clerk of the said common council within the period last mentioned, and at least six days before the time at which the said report is to be presented to the court for confirmation, which notice shall be accompanied with, copies of the affidavits which shall have been delivered to the commissioners (if it shall be intended to use or to refer to copies thereof on such appeal), and also with a brief statement in writing of the grounds of objection to such, report, and of the manner in which it is contended that the same ought to be altered. § 13. Such appeal shall be heard by the court to which ^ ea jjj« of the said report shall be presented for confirmation, at the time the same shall be so presented. Copies of the affida- vits which shall have been delivered and served as afore- said (but no others) may be read against confirming the said report, and affidavits may be also read to sustain the same; but no cause against such confirmation shall be heard, except an appeal shall have been made in the man- ner provided in the preceding section of this act. If no sufficient reason to the contrary shall appear to the court, they shall confirm the said report ; or if, in their opinion, the same ought not to be confirmed, they may refuse so to do, and in the event of such refusal they shall in the proper cases refer it back for revision and correction to the same or other commissioners, who shall proceed to revise and correct the same, and cause it, or a new report, to be filed in the office of the clerk of the said county. The common council shall thereupon cause a new notice to be published, in the manner required in the preceding section of this act, of the filing of such report, and of their 60 intention to apply for the confirmation thereof. The said report may be appealed from within the time and in the manner provided in the said section, and such appeal shall be proceeded upon and the said report again disposed of in the manner directed by this section ; and so often as any such report shall be referred back for revision and correc- tion, the like proceedings shall be thereupon had as are provided in this section upon a first reference back to the said commissioners. In cases, however, where the said court can from the nature of the case and shall direct specific alterations to be made therein, and such altera- tions shall be made in its presence or during the same term, they may thereupon absolutely confirm the said report without further notice. costs of appeal. g \^ ^ e CO urt to which any such report shall be pre- sented for confirmation shall have power, in their discre- tion, to award costs against the appellant in cases where the appeal shall not be prosecuted or sustained. § 15. After the reports of the commissioners shall be confirmed, the said reports shall be delivered to the com- mon council of said city, who shall be thereupon authorized to cause such improvements to be made. At such time, within the space of thirty days next after the confirmation of the said report, any person from whom any assessment contained therein may be due may pay the amount thereof, without any additional expense for collecting, to the col- lectors of taxes and assessments, and in the manner herein and by this act provided. § 16. The city comptroller shall pay to the persons (or to the attorneys or legal representatives of such persons) to whom damages may have been awarded in such report the amount of such damages, without any deduction therefrom by way of fee or commission. § 17. The commissioners of estimate and assessment, to ■Confirmation and payment of assessments. Payment of damages. 61 be appointed as aforesaid, shall be allowed two dollars for ^ e ° r f 9 commb ' each and every day while actually and necessarily era- ployed in and about their duties ; provided they shall each make an affidavit that they and each of them were so em- ployed for four hours at least in each day, except the first and last daj^s, on which they shall meet and present their account for such service, so verified, to the proper officers for taxation; and such compensation, and the fees and charges of surveyors and other persons, shall be estimated as part of the expenses of the improvement, and be after- wards taxed or certified by some officer authorized to tax costs in the supreme court of this state. § 18. If the estimate of the expenses shall exceed the ^g 8 ^ v ° e f r esti " amount of expenses which shall be actually incurred in ex P enses - making the improvement, such excess shall be refunded or allowed to the persons assessed, in proportion to the amount of their respective assessments. § 19. In any case of opening, widening or extending guardians for any street, avenue or square, road or highway, under the provisions of this act, the county court of the county of Kings, or the county judge thereof in term or vacation, or a justice of the supreme court, shall have power, on ap- plication, to appoint guardians for infants or other incom- petent persons, in the nature of guardians ad litem, to protect their interests or prosecute appeals, who shall be entitled to receive five dollars for their services and at- tendance before the commissioners, and no other fees or costs, unless upon an appeal, in which case the judge who shall hear the appeal shall fix upon the further amount to be allowed them, if any, and shall certify the same. § 20. The costs and fees of the attornev and counsel in costs and fees . J of proceedings any such proceedings, exclusive of his disbursements, shall not exceed in any case the sum of two hundred dollars, unless on appeal, or when the report is sent back to the 62 Lien of assess- ments. Paving and grading streets Expense, how assessed. commissioners; and in such case the judge who heard the appeal may allow such further sum in addition to the taxed or certified bills as he may deem just and proper; and such costs and fees shall be paid into the city treasury for the use of the city. § 21. All assessments for improvements in said city, when the same shall have been confirmed according to the provisions of this act, shall constitute and be a lien upon the property assessed, from the time of such confirmation, which lien shall have priority over all other liens or in- cumbrances. § 22. The board of assessors shall, under such regula- tions as they may adopt, and by at least three of their number, apportion and assess the expense of regulating, grading and paving, or regrading and repaying streets, and of constructing wells and pumps, public cisterns, sewers and drains, lamp-posts and lamps, flagging sidewalks, fenc- ing and filling in lots, and of all other public improvements, except as herein otherwise directed; and the common council 'shall proceed in regard to the assessments therefor in the manner hereinafter provided. [§23. Upon a copy of the resolution of the common council deciding to make any such improvement and fixing the amount to be assessed for the expense thereof, certified by the city clerk and approved by the mayor, being sent to the board of assessors, they shall thereupon proceed to view the premises, and shall assess the expense of said improvement upon the several lots, pieces or parcels of land benefited, in proportion to the benefit which, in their opinion, the same shall derive from or in justice ought to be assessed for the said improvement. But whenever any of the lots, pieces or parcels of land so benefited, shall be under water and belong to the state, the said board of as- sessors shall, in respect to such land, make such assessment upon the right, interest and claim to and in the said land, 63 of the person or persons who may be entitled to a grant of such lands from the commissioners of the land office. And all the provisions of this act applicable to said improve- ments, and the collection of the assessments therefor, shall apply to such right, interest and claim, and to the persons entitled to the same. Nothing herein contained shall be construed so as to affect the title of the state in or to the said land ; but any person or persons who shall take the title to said lands from the state and while the same remains unpaid, shall take the same subject to the lien of said as- sessments. Provided that the provisions herein contained shall be deemed to apply to lands under water, lying in the eighth, tenth and twelfth wards of the city of Brooklyn, and to none others.]* § 24. The board of assessors shall make a report, in^ot'ceofassess- writing, of the assessment so made, and before proceeding to sign the same shall give notice in the corporation news- papers of the district, which notice shall be published for ten days successively, of the time and place when and where the parties interested can be heard ; and after hear- ing the parties, the board of assessors shall proceed and complete the report and sign the same, and return the said report, with all objections in writing which shall be pre- sented to and left with them by any of the parties inter- ested, to the common council, who shall refer the same, in case of any objections in writing, to the proper committee of the board. The said committee shall publish a notice in the corporation newspapers of the district, for ten days successively, to the parties interested, of the time and place when and where they will meet to hear them on the ob- jections and report. § 25. The said committee shall thereupon examine the Report of com- mittee to com- mon council. * As amended. Laws of 1857, Chap. 601. 64 Correction of assess in en t. Election of assessors. Towers of assessois. matter and report of the common council, and shall return to them the said report of the board of assessors, with the objections of the parties, together with the views and opinions of the committee respecting the said report. §26. The common council shall thereupon examine the matter, and may correct the said report and assessment, send it back to the board of assessors, or confirm the same, as they may deem just and proper, and their confirmation in the matter shall be final and conclusive. § 27. And the like proceedings shall be had when the report of the board of assessors is sent back as in the first instance. § 28. At the annual election for charter officers, first to be held under this act, there shall be elected from each ward one assessor. The assessors so elected shall constitute a board of assessors, who shall be divided into two classes ; the assessors of the first, third, fifth, seventh, ninth, ele- venth, thirteenth, fifteenth and seventeenth wards shall form the first class, and the assessors of the remaining wards shall form the second class ; the first class shall hold office one year, and the second class shall hold office two years ; but after the first year the term of office of both classes shall be two years. § 29. The said assessors shall have power to examine, upon oath, every person whom they shall believe ought to be assessed for his personal property, and shall also have power to examine, under oath, such other persons, as wit- nesses in relation thereto, as they may deem proper, and for that purpose may administer oaths and issue process to compel the attendance of witnesses before them. Any person who shall refuse to make, under oath, a full disclosure of all the facts necessary to enable the assessors to make a fair and just assessment of his personal property, when duly called upon by the assessors to do so, or to answer 65 such questions as may be put to him in relation thereto, shall be assessed a gross sum, which in their judgment will be the full amount of his personal estate, and shall forfeit for one year all the rights and privileges given to persons aggrieved by the assessment of assessors by the law " For the assessment and collection of taxes." § 30. The ward maps made or to be made shall be filed Ward ma P s - in an office to be provided by the city for the use of the board of assessors, and assessments on land in the respec- tive wards shall refer to such maps, except in cases of opening streets, avenues, squares and parks ; and where a portion of any lot of land laid down on said maps shall be taken for any improvement, the residue shall be deemed to be held for any assessment thereon, and land occupied by a person other than the owner may be assessed in the name of the occupant. § 31. The board of assessors shall elect one of their ? res ?, de I? t of 3 board of as- number president, and appoint a competent person as their sessors - secretary, who shall make out the assessment lists under the direction of said board, and perform such other duties as may be required of him by said board or the common coun- cil. The common council shall provide a suitable room for said assessors, in which they shall transact their busi- ness ; and the assessment rolls of the several wards when completed shall be left for inspection and examination by any person interested, and of which the assessors shall give due notice, as required by law, and the said assess- ment rolls shall be open for inspection during thirty days from the time of the first publication of such notice. § 32. The common council shall fix an annual compen- Pay of assessors, sation for such assessors and secretary, to be levied in the annual tax, and may, by ordinance, regulate the duties under the foregoing provision, and remove such assessors for incompetency or neglect of duty. G6 Assessment laws. § 33. All provisions of law now applicable to the as- sessors of Brooklyn, or towns of this state, in relation to the assessment and collection of taxes in said city, not in- consistent with this act, are hereby declared to apply to the assessors elected under this act. streets in firet § 34. The common council shall have power to lav out live wards. v c j streets within the first five wards of the city, where such improvements may be deemed proper, although the same have not been laid out on any public map of the town, village or city of Brooklyn, and to extend or lengthen streets heretofore laid out by law in any part of said city, upon the written application of a majority of the 'persons owning the property on the portion of the street to be added by such extension. All provisions of law applicable to such improvements, and to the opening and subsequent improvement of streets, shall be applied to the streets to be laid out, extended or lengthened ; and all such pro- visions are hereby extended over and applied to the land covered with water between the line of bulkhead as now actually existing and the permanent water line as hereto- fore established by law, and lying north and east of the westerly line of Fulton street continued out to such water line ; and the city of Brooklyn shall have jurisdiction over such land covered with water for the purpose of making such improvements. TITLE V. OF THE COLLECTION OF TAXES AND ASSESSMENTS. [Section 1. There shall be elected at the election in Election of coi- November, eighteen hundred and fifty-six, and every third year thereafter, a collector, who shall hold his office for the term of three years, and until his successor shall be elected in his place and duly qualified, to be called the collector of taxes and of assessments of the city of Brooklyn. The common council shall provide a 67 suitable office, which shall be kept open during such hours as the common council shall designate, on each day in the year, except Sundays and such holidays as shall be ob- served by the general custom of said city or by recommen- dation of public authority.]* § 2. The said collectors shall respectively execute a bond Bonds - to the city of Brooklyn, with at least two sureties, who shall be freeholders in the county of Kings, in such penalty, not less than one hundred thousand dollars for the collector of the western district, and sixty thousand dollars for the collector of the eastern district, as the common council shall direct, conditioned for the faithful performance of the duties of their office, and for accounting and paying over, as directed by law, all moneys which shall be received by them as such collectors. Such sureties shall severally justify, under oath, to be endorsed on said bond, in sums which, together, shall constitute at least double the amount of the penalty of the bond, to be approved by the common council. The bond shall be filed with the clerk of the county of Kings ; and if not filed within twenty days after the collectors shall be notified of their election, the office shall be deemed vacant ; and no collector shall enter upon the duties of his office until said bond shall be duly ex- ecuted, approved and filed. The collector's sureties shall also be renewed during the term of his office, whenever and as often as the common council shall direct, and if not so renewed within twenty days after notice to the collector, his office shall be deemed vacant. § 3. The common council may, by resolution, suspend a collector^ * As amended. Laws of 1855, Chap. 496. By the same act the office of collector of taxes of the eastern district, as provided by this section before it was amended as above, was abolished, and all the other provi- sions of this title are made applicable to the collector of the whole city by this section, as amended, to be elected. 68 collector for official neglect or misconduct, in which case they shall immediately cause written notice, with a copy of the charges thereof, to be left at his office ; they shall then proceed to investigate the charges against him, and if such charges are sustained, may remove him from office in the manner hereinbefore provided for the removal of other officers of the city government. wuectori § ^. Each collector shall, as soon as may be after he has taken upon himself the execution of his office, appoint some proper person assistant collector of taxes and assess- ments, to hold his appointment during the pleasure of such collector, and he shall, as often as a vacancy shall occur in the office of assistant collector, appoint another in his place ; and whenever a vacancy shall occur in the office of collector, the said assistant collector shall execute the powers and discharge the duties of collector until another collector shall be appointed. Deputies. g 5^ Each collector may also, with the consent of the common council, appoint as many deputies as he may think proper, who shall hold their appointment during the pleasure of the common council. Every appointment of an assistant collector, or of a deputy collector, shall be in writing, under the hand and seal of the collector, and shall be filed in the office of the clerk of the county ; and every such assistant or deputy shall, before he enters on the execution of the duties of his office, take the oath pre- scribed in the constitution, and the collector may require of him a bond and sureties for the performance of his duties. Any default or misfeasance in office of any such assistant or deputy shall be deemed to be a breach of the condition of the bond given by the collector who ap- pointed him. Their powers. g g # ~Each assistant collector shall have the same power as the collector, except that of the appointment of de- puties; and the collector, assistant collector, and deputy 69 collectors shall have the same powers as the collectors in the several towns in this state ; but such assistants and deputies shall, in the exercise of their powers, be subject to the direction and control of the collector. § 7. If any person who shall have become surety for a Renewalofbond ' collector shall, by notice in writing, to be served on the mayor or clerk of the common council, require the said collector to renew his official bond, such person shall be discharged from all future liability as such surety from and after the settlement of the accounts of the collector for moneys received prior to such discharge, who shall be required to make such settlement within thirty days after notice from the common council to that effect. § 8. There shall be added to and included in everv tax Expense of i *i i , -. , n ^ I 7 , collection. and assessment levied and assessed m the city of Brooklyn, the sum of five per cent, upon the amount of such tax and assessment for the expense of collection, which, together with the amount to be added for neglect to pay within the time specified in the warrants of the collectors, as here- inafter provided, shall be for the use of said city. The common council shall fix the salary or other compensation to be paid to the collectors, their assistants and deputies, and pay the same to them out of the moneys raised by tax for city purposes ; and neither the said collectors nor their assistants or deputies shall receive any other or further compensation for services or for other expenses of their offices ; but the common council shall provide for said col- lectors all necessary desks, furniture, fuel, lights, books and blank forms. § 9. If any collector, assistant collector or deputy col- Embezzlement • ' r J or loaning of lector shall convert to his own use, in any way whatever, P ublic mone y s - or shall use by way of investment in any kind of property or merchandise, or shall loan, in any way, any portion of the moneys received or collected by him as such collector, 70 assistant or deputy collector, every such act shall be deem- ed and adjudged to be an embezzlement of so much of said moneys as shall be thus taken, invested, used or loaned, which is hereby declared to be a felony, punishable by im- prisonment in a state prison for a term not exceeding five years. Assessment roils. § io. The board of supervisors of the county of Kings shall cause the corrected assessment rolls of the several wards, or fair copies thereof, with warrants for collection, to be delivered to the respective collectors on or before the first day of October, in each year ; and the common coun- cil shall cause every assessment roll made for any improve- ment in said city, or fair copies thereof, with a warrant for collection to be delivered to said collectors within ten days after the same shall be finally confirmed. But no warrant for the collection of any assessment shall be issued by the common council until all the proceedings had in laying said assessment shall have been examined and certified as cor- rect by the street commissioner and the attorney and coun- sel of the city, which certificate shall be endorsed upon or annexed to the assessment roll, and shall be conclusive evidence as to the regularity of the proceedings. warrants. §11. The warrants of the board of supervisors shall be under their hands and seals, or the hands and seals of a majority of them, and shall require the collectors, out of the moneys to be collected, to pay over to the city treasurer such sum as shall be raised for the city purposes, and to the county treasurer the residue of said moneys within one hundred and eighty days from the date of such warrants. The warrants of the common council shall be signed by the mayor, and shall be under the corporate seal of the city, attested by the clerk, and shall require the collec- tors to pay the moneys to be collected to the city treasury within one hundred and twenty days from the date there- of ; and to collect from the several persons named in the 71 assessment roll annexed thereto the several sums mention- ed in the last column of such roll opposite to their respec- tive names, and shall not be renewable except in cases where the collection has been stayed by any legal pro- ceedings; and in such cases the common council shall have power, after the cessation of such stay, to cause new warrants to be issued to the collectors for the full term of one hundred and twenty days, as if no previous warrant had been issued. This provision shall apply to all cases where the collection has been or hereafter may be stayed by any legal process or proceedings. § 12. As soon as practicable after the annual tax rolls Abstract of roils, shall have been delivered to the collectors, they shall, in books to be provided for that purpose, prepare an abstract of said rolls, adding thereto all taxes and assessments as shall from time to time thereafter become chargeable upon such property, to the end that said abstract shall at all times exhibit in a condensed form all existing charges against the property as accurately as practicable. § 13. The collectors shall receive the taxes and assess- Paying ovt-r and ments mentioned in said rolls, and shall on the same day collectors, that they receive the same pay over to the city treasurer all moneys which shall have been received by them for taxes and assessments for city purposes or for local im- provements, and render to the comptroller of the citv a just and true account of the same. They shall also, every week, and as much oftener as required by the county trea- surer, at the collector's office, render a like account of moneys received for taxes payable to the county treasurer, and at the same time pay over such moneys to the said county treasurer. § 14. All taxes and assessments, which shall be paid to Taxes paid the collectors within thirty days after such tax or assessment days. m tlurt> roll shall have been delivered to them, shall be received ixty days. 72 by them without any additional charge ; on all taxes or assessments which shall be paid them after the expiration of thirty days, and within sixty days after such delivery, they shall add one per cent., and one per cent, shall be added for every thirty days thereafter until such tax or assessment shall be paid ; when such per centage shall amount to ten per cent., from which time interest at the rate of seven per cent, per annum shall be added. SerisoSayl § ^ an J °^ taxes mentioned in the assessment rolls annexed to the warrants from the board of supervi- sors shall remain unpaid at the expiration of one hundred and eighty days from the time the said assessment rolls shall be delivered to them, and the collectors shall not be able to collect the same, they shall deliver to the county treasurer an account of the taxes so remaining due in their respective districts, with an affidavit as required by law of collectors of towns ; they shall respectively be credited by the county treasurer with the amount thereof, and if any of the assessments mentioned in the assessment rolls an- nexed to their respective warrants from the common coun- cil shall remain unpaid at the expiration of the said one hun- dred and twenty days, and the collectors shall not be able to collect the same, they shall deliver to the comptroller of said city an account of the assessments so remaining due, with an affidavit as hereinafter mentioned. credited to collectors, SXtedto"* §16- The county treasurer and comptroller respect- ively shall, upon receiving such account of unpaid taxes or assessments, compare the same with the original tax or assessment roll, and if he find it to be a true transcript thereof, he shall add to it a certificate showing that he had compared the account with the tax or assessment roll, and found the same correct ; and after crediting the collector with the amount, shall, within fifteen days after receiving such account, transmit the account, certified as aforesaid, 73 with the collector's affidavit, back to the collector of taxes and assessments rendering such account. § 17. If the collectors shall refuse or neglect to pay to Sectors- bonds, 05 D r v wuen to be sued. the city treasurer or the county treasurer the sums re- quired by their warrants respectively to be paid them or either of them, or to account for the same if unpaid, as hereinbefore provided, within twenty days after the time when such payment ought to have been made, the com- mon council shall, upon receiving notice thereof from the county treasurer or comptroller, cause the bond of such collector to be put in suit, and shall be entitled to recover the sum due from such collector, with costs of suit ; and the moneys recovered shall be applied and paid by the common council in the same manner in which it was the duty of the collector to have applied and paid the same. § 18. The county treasurer and comptroller, respect- Treasurer and " J . comptroller may ively, may receive any tax or assessment while such ac- receive taxes. counts are in their hands, charging the additional per centage thereon, as hereinbefore provided. They shall give a receipt for such payments, and make return thereof to the respective collectors of taxes and assessments, who shall note such payment on the original tax or assessment roll or copy thereof in their offices. § 19. Before any account of unpaid taxes shall be Rejection of x taxes for imper- transmitted by the county treasurer to the collectors of fret descriptions, taxes and assessments, he shall examine them, and reject all taxes which shall be found to be charged for person- alty, or on lands imperfectly described, and shall furnish and transmit a certified statement of the same to the comp- troller and the respective collectors of taxes and assess- ments, and the supervisors of the county, and shall from time to time furnish to the common council or its officers a full statement of the taxes remaining unpaid, or of the 6 74 sale of any lots or pieces of land for taxes, as may be called for by the common council. Rejected taxes ft 20. The said supervisors shall cause the amount of to be relevied. ° \ , * . rejected taxes to be levied, m the next assessment rolls, on the taxable property of the respective wards in which they were before levied, and shall direct the same to be collected with the other taxes next collected in such wards ; and the board of assessors shall cause said descrip- tions to be corrected in the next assessment rolls. Rejected assess- ft 21 Whenever the street commissioner and the at- ments. o * . torneys and counsel of the city shall reject any assessments for local improvements (which they are hereby authorized and empowered to do,) they shall forthwith report the same and the reasons therefor to the common council ; and the common council shall, in case they shall have been rejected for irregularity in the proceedings, or for the im- perfect descriptions of the lands, cause the amount thereof to be reassessed ; and the common council are hereby au- thorized and empowered to have such reassessments made in the same manner as the original assessment should have been made; and such reassessment shall have the same, effect as if the assessment had originally been properly made. unpaid assess- ft 22. The common council, in case any such unpaid ments for want , ,„ , . , „ , « . . j. ,. of jurisdiction. 1 assessments shall be rejected for want ot jurisdiction m making the improvement, shall cause the expense of the proceedings and all damages consequent thereon to be ad- ded to the amount directed to be laid in the next annual taxes for city purposes, and when collected to be paid to Reassessments, the parties who shall be entitled thereto. Whenever any moneys shall have been paid for an assessment, and a re- assessment shall be made in pursuance of this section, the amount shall be credited on such reassessment to the pro- perty on which the assessment was made ; and in case of 75 any alteration on the reassessment, whereby the amount so paid shall exceed the amount reassessed on the same pro- perty, such surplus shall be repaid to the person who may have paid the same ; and in case it shall be insufficient to pay the amount reassessed, the deficiency shall be collected in the same manner as other assessments. § 23. Upon affidavit being made before the comptrol- Unpaid assess- or, or before any other person authorized to administer estate, oaths in the county of Kings, by the collector to whom any warrant for the collection of any assessments shall be delivered as aforesaid, his assistant or one of his deputies, that the sums mentioned in any such account of assess- ments, rendered to the comptroller, by him, remain un- paid, and that he has not, upon diligent inquiry, been able to discover any goods or chattels belonging to or in pos- session of the persons residing in the city of Brooklyn charged with or liable to pay such sum whereon he could levy the same, and that within forty days after the war- rant was delivered to him he caused a written or printed notice to be served personally on or left at the place of residence of the person or persons charged with or liable %o pay such assessment, if a resident of the city, or if not a resident of the city, that he has deposited a notice in one of the post offices in said city, addressed to the person or persons assessed, at his, her, or their last known place of residence, and that he has also caused a notice to be pub- lished in the corporation newspapers of the district, desig- nated as provided by this act, once a week for six weeks successively prior to the expiration of this warrant, which notice shall contain the name or title of the improvement, the names of the persons who have not paid, the amount due from each, the time when the warrant will expire, and that the property assessed will be returned for sale, if such assessment be not paid, such collector shall be credited by the comptroller with the amount of said account. 76 J^jjjj} mSbs- § 24, W nene v er » n 3 r tax or assessment shall remain jjjntetobepub-tinpaid, and the rolls containing the same shall have been re-delivered to the collector by the county treasurer or comptroller, as aforesaid, such collector of taxes and assess- ments shall cause a list thereof, signed by him, to be pub- lished in the corporation newspapers of the district, desig- nated as provided by this act, together with a notice re- quiring the same to be paid, with interest as aforesaid, and expenses, on or before a certain day, to be therein desig- nated, which shall not be less than twelve weeks from the first publication thereof. Such list and notice shall be published once a week for twelve weeks successively in the corporation newspapers, describing, with all convenient certainty, the land taxed or assessed, specifying the street, avenue or road on which it fronts, on which side thereof, and near or between what streets it may lie, together with the name of the person to whom the same was taxed or assessed, and the name of the present owner when known to the collector. pnbSU. § 25. Evey printer by whom any such list and notice shall be published, shall within ten days after the last publication thereof, deliver to the collector of taxes and • assessments, signing the same, an affidavit of due publi- cation, made by some person to whom the fact of publica- tion shall be made known. Bale of lands. § 26. If any such tax or assessment remain unpaid on the day specified in said notice, the collector shall proceed to sell by public auction, at the city hall of said city, the property on which said tax or assessment shall have been imposed, for the lowest term of years for which any person will take the same and pay the amount of such tax or as- sessment, with the interest and expenses, and he shall con- tinue the sale from time to time until all such lands shall be sold. He shall thereupon deliver to the purchaser a certificate of such sale, and note the same on the original 77 tax or assessment rolls, and on the abstracts hereinbefore directed to be kept in his office ; such certificate of sale shall be recorded in the collector's office, in proper books kept for that purpose, and shall constitute a lien upon the lands and premises therein described, after the same shall have been so recorded ; and no assignment of any certifi- cate given on the sale of lands for any taxes or assess- ment shall have any effect until notice of the same, with the name and residence of the assignee, shall be filed in the office of the collector of taxes and assessments of the district in which the said lands are situated. § 27. No mortgagee, whose mortgage shall have been Mortgagees, J ° ° » ° ° notice to. duly recorded before sale for any tax or assessment, shall be divested of his rights in such property, unless six months' notice in writing of such sale shall have been given to him by the purchaser or of those claiming under him, personally, if a resident of the county of Kings or a county adjoining thereto, and if not such a resident, then upon the owner of the premises, if he be a resident of Kings county or a county adjoining thereto, and by de- positing such notice in one of the post offices of said city, * directed to the mortgagee at his place of residence, as stated in the mortgage or assignment thereof ; but nothing herein contained shall be so construed as to impair the lien created by such sale. § 28. Within a month after the service of such notice, Affidavit of service it shall be the duty of the person serving or causing the same to be served, to file, in the office of the collector of taxes and assessments of the district, a copy of the notice served, together with the affidavit of some person, who shall be certified by the officer before whom said affidavit shall be taken to be a creditable person, proving the due service of said notice. § 29. The owner, mortgagee, occupant or any other per- Redemption, son interested in such land may, at any time within two 78 Conveyance, when to be made. Infant and in- competent owners. Collectors' duties in rela- tion to unpaid taxes. years after the sale for either tax or assessment, redeem the said land by paying to the collector of taxes and assess- ments in the district in which said lands are situated, for the use of said purchaser, the said purchase money, to- gether with any other tax or assessment which the said purchaser may have paid, chargeable on said land, and which he is hereby authorized to do, provided a notice thereof has been filed in the office of such collector, with fifteen per cent, per annum in addition thereto, and the certificate of such collector, stating the payment, and showing what land such payment is intended to redeem, shall be evidence of such redemption. The mortgagee shall have power to redeem at any time until after the ex- piration of the six months specified in the twenty-seventh section of this title. § 30. Upon the receipt of such moneys by such collec- tor, he shall cause the same to be refunded to the pur- chaser, his legal representatives or assigns, and all pro- ceeding in relation to said sale shall cease ; but if said moneys shall not be paid according to the exigency of said notice, such collector shall proceed to execute a convey- ance of the property so sold, as hereinafter provided. § 31. Whenever such collector shall receive satisfactory information that the land so sold belongs to an idiot or in- sane person, for whose estate no committee shall have been appointed, or to an infant having no guardian, he shall not execute a conveyance of their lands until at least one month after he shall have legal evidence that such dis- ability has been removed, or a committee or guardian of their estate has been appointed. And until the expiration of said month such committee or guardian may redeem such land, in the manner hereinbefore provided. § 32. The said collectors shall note all payments made to them after any account of unpaid taxes or assessments shall be sent back to them by the county treasurer or • 79 comptroller, as aforesaid, and if a sale be had they shall also note that fact on the original tax or assessment roll, or copy thereof, in his office, and the memorandum of pay- ment on any tax or assessment roll, or copy thereof, in the office of such collector, shall be sufficient evidence of such payment. They shall also forthwith, upon receiving the same, render to the treasurer of the city an account of the proceeds of any sale for unpaid assessments, and of any money received or collected by them that may be paid to such treasurer, and at the same time pay over the said moneys received by them ; and said collectors shall also render to the treasurer of the county an account of the proceeds of any sale for unpaid taxes, and of any moneys received or collected by them that may be paid to such treasurer, and at the same time pay over said moneys re- ceived by them. § 33. The collector of the district where the laud sold onveyi for any tax or assessment shall not have been redeemed, as by this act provided, shall execute to the purchaser or his assigns, pursuant to the terms of sale, a proper conveyance of the lands so sold by him, which shall contain a brief statement of the proceedings had for the sale of said lands, and shall be evidence that such sale and other proceedings were regularly made and had according to the provisions of this act. He shall also forthwith note the same on the assessment rolls and abstract kept in his office. The grantee shall be entitled as against all persons whomsoever to the possession of said premises, and to the rents, issues and profits thereof, pursuant to the terms of his convey- ance, and shall be entitled to obtain possession of his lands by summary proceedings, in the same manner as is pro- vided by law for the removal of persons who hold over or continue in possession of real estate sold by virtue of an execution against them. 80 TITLE VI OF THE DAY AND NIGHT POLICE DEPARTMENT * officers. Section 1. The department of police shall consist of one chief, one captain for each police district, and such number of policemen under each captain as the common council may from time to time designate. Chief - § 2. The chief shall be elected by the city every three years. He shall have an office in the city hall, where he shall be in attendance at such hours as shall be fixed by the common council, and shall receive a salary to be fixed by said common council. rowers. § 3. He shall have power within the county of Kings to issue process, directed to some other proper officer, for the apprehension of persons charged with any offence, and to exercise all the powers and duties conferred upon alder- men and justices of the peace in and by title second, chapter second, part fourth of the revised statutes of the state of New York ; and in all such cases he shall proceed in the same manner and be governed by all laws relative to justices of the peace, in like cases. lie shall be chief of the police department, and the medium of correspond- ence with the police authorities of other cities and towns. * By the act entitled "An Act to establish a Metropolitan Police Dis- trict and to provide for the government thereof," passed April 15, 1857, all provisions of law inconsistent therewith are declared to be repealed ; and "wherever in any statute not inconsistent with that act the word chief of police shall occur, it shall be taken to mean general superin- tendent of police ; in like manner the word captain of police shall be deemed to mean inspector or captain of police; in like manner the word lieutenant or assistant captains of police shall be taken to mean sergeants of police ; and the words policemen and patrolmen shall be identical in meaning in any act not repealed by this act." 81 He shall receive the reports from the several captains of the districts of the city, keep all proper books, registers and records in his office, under the direction of the com- mon council ; report to the corporation attorney all viola- tions of city ordinances that come to his knowledge ; and shall obey and cause the police department to obey the rules and regulations prescribed by the ordinances of the common council. He shall repair to the scenes of fire and riot, and take command of the police there present ; may at any time direct all or any of the police of the city to any place where their services may be deemed necessary? and shall perform all such other duties as may from time to time be prescribed by the ordinances of the common council ; but nothing herein contained shall be taken to abridge the power of the mayor as the chief executive officer of the city. § 4. The common council may, if they deem it neces- cierks. sary, provide for the allowance of a clerk to the chief, and shall fix his compensation. Such clerk shall be appointed and removed at pleasure by the chief. § 5. The captains of the police districts shall be elected Ca P taiDS - every two years, and shall receive a stated salary, to be fixed by the common council ; each of the captains shall keep an office at the office of the police district within which his ward shall be situated, and shall keep all such books, registers and records as may be necessary for the proper performance of his duties or as the common council may prescribe. § 6. Every captain of police shall perform, within the Jjjjjta* district for which he shall be elected (aided and assisted by the policemen of the ward or wards,) such duties in rela- tion to the inspection of wells and pumps, of lamps, of public cisterns, of pavements and side- walks (so far as to report the actual condition of the pavements and side-walks 82 to the proper authority,) and hacks, cabs, carts and sleds as the common council shall direct, together with such other duties as marshals, health and fire wardens, keepers of public lands and places, as said common council shall prescribe. complaints. § 7. Each of said captains may entertain complaints in all cases where crimes or offences have been committed, may issue a precept to arrest any person charged with having committed a crime or offence (such process to be executed by some other proper officer,) and may detain the person so arrested for examination ; such examination to be made by the chief of police, or by some person author- ized by law to take the same. Eeport of crimes, g g # He shall duly report to the chief of police all crimes which may have been committed, and all arrests for crimes or breaches of the peace that may have been made within his district; he shall report all violations of the corporation ordinances within his district to the cor- poration attorney, with the names of witnesses, and shall also perform such other duties as may be prescribed from time to time by the ordinances of the common council. kmp?igh e ters nd [§ Tne aldermen of each ward shall nominate, and by and with the consent of the mayor, appoint so many policemen and lamplighters as may be designated or ap- pointed to their respective wards ; and in case of their dis- agreement, or in case one of said aldermen shall neglect or refuse to join in any nomination, the mayor shall decide between them in relation thereto, and may consent to ap- point such persons as may be nominated by either of them].* Police districts. g iq. For all purposes of the police department, the * As amended. Laws of 1855, Chap. 299. 83 city shall be divided in so many districts as the common council may from time to time designate. There shall be erected or procured in each police district a suitable build- ing, to be called the district police office, in which shall be contained suitable offices for the accommodation of the captains and police department. Such police office shall also be the station house for the night police of the same district. § 11. The common council shall, by ordinance, fix and ward police- o i j i men. apportion from time to time a certain number of policemen for each ward, who shall possess all the powers, and under the direction of the captains of the district shall perform all the duties specified in the sixth section of this title, together with all other duties and services which may be prescribed by the ordinances of the common council. § 12. It shall be the duty of the policemen to obey such Duties of J 1 J policemen. orders as they may from time to time receive from the chief of police and the captains of their districts regarding their duty ; to report to the captains of the district all vio- lation of the corporation ordinances, with, the names and residences of witnesses ; to preserve the public peace ; to be vigilant for the prevention arid discovery of crime, and the detection of criminals ; to report to the captains of their respective districts all crimes or offences committed in the city ; to arrest all persons in the actual commission of crimes, misdemeanors, breaches of the peace or viola- tions of corporation ordinances; to execute all criminal process issued by the chief of police or captains, or by an inferior court of criminal jurisdiction, which is now or may hereafter be established by the legislature for the city of Brooklyn, or that may be issued by any other officer authorized to issue criminal process ; to report to the cap- tains of their respective districts all suspicious persons, houses of ill fame, receiving shops, pawn brokers' shops, gaming houses, and all places where idlers, tipplers, gam- 84 Policemen to be present at fires. Chief may suspend policemen. Compensation. biers and other disorderly and suspicious persons congre- gate, and perform such other duties from time to time as the common council may direct. 13. At any alarm of fire, it shall also be the duty of the policemen forthwith to proceed to the scene of conflagra- tion, and to be diligent in preserving order and protecting property ; and in case of any riot or public disturbance, requiring the services of the police, they shall forthwith proceed to the scene of riot, and, under the direction of the mayor, chief of police, and captains, or either of them, aid in suppressing the same. § 14. The chief of police may suspend any policeman in the city ; in all such cases he shall, within twenty -four hours thereafter, notify the mayor and the aldermen of the ward to which said policeman may belong, thereof in writing, specifying the grounds for such suspension, and the names of the witnessesto establish the charge. In every case the mayor shall cause written notice to be given to the accused, to afford him an opportunity to be heard in his defence. The mayor and at least one of said aldermen shall examine witnesses under oath upon the charges and for the defence, and may for cause continue the suspension, remove the party from office, or restore him to duty. The mayor shall have power to issue sub- poenas to require the attendance of witnesses on the trial of such cases, and disobedience of such subpoenas shall render the parties liable to the penalties provided by law in courts of record. The testimony shall be reduced to writing, and, together with the decision of the mayor and the said aldermen thereon, shall be filed in the office of the clerk of the city. § 15. The police shall receive a per diem compensation for each day they shall be employed on duty, which com- pensation shall from time to time be regulated and fixed by the common council. 85 § 16. No person connected with the police department shall be liable to military duty. § 17. The mavor or chief of police shall, from time to Poli < ;emen , at r meetings of time, detail such policemen as he may deem proper, to act ^"^J" 1 as messengers of the mayor and of the common council, to attend the meetings of thaffc body, and to attend and pre- serve order in all courts and public assemblies in the city. Each captain shall detail a sufficient number of policemen within his district to attend the polls on the days of election. §18. No fees or compensation shall be charged or re- Fees P rohibited - ceived by any chief of police, captain, policeman, clerk or other officer connected with the police department for any services performed by them as such officers, other than their stated compensation, except in special cases, with the approbation of the mayor. Any officer violating this pro- vision shall be deemed guilty of a misdemeanor, and shall be subject to the fines and penalties provided for such offence. §19. All fees and costs heretofore paid by the supervi- ?gt?cesto C be te ° sors of the county of Kin^s, for services rendered for said p aid int0 the •/ ° 7 treasury. county by any justice of the peace or police justice, or by the constables or marshals of the city, shall, when similar services are rendered by any officer of the police depart- ment, be collected and paid into the city treasury in such manner as the common council shall by ordinance pre- scribe. § 20. Any person arrested in pursuance of this act for Fines and . » ,. , penalties, how the violation of any ordinance, by-law or regulation of the imposed, common council, or of the board of health, may be taken before the police justice or either of the justices elected by virtue of "an act to establish courts of civil and criminal jurisdiction in the city of Brooklyn," passed March twenty- fourth, one thousand eight hundred and forty-nine, who 9 86 shall thereupon have authority to impose upon such per- ■ son a fine, not exceeding the penalty prescribed by. the ordinance which such person shall be proved to have violated, and to commit such person to the county jail of Kings county for a period not exceeding thirty days, or until such fine shall be paid. captahi! § 21. The common council shall have power to desig- nate one or more policemen, in each of the police districts established by law, as assistant captains, who shall have all the powers of the captain of such districts whenever such captain is disabled, absent or not on duty, and whose term of office shall continue and expire at the same time with the term for which the respective police captains were elected. TITLE VII. OF THE FIRE DEPARTMENT.* Section 1. The fire department of the city shall be di- vided into two separate and distinct organizations, viz : One for the eastern district and one for the western dis- * Some of the provisions of this title, especially those portions of it in- cluded in brackets, are modified by Laws of 1857, Chap. 33, entitled "An act for the better regulation of firemen in the city of Brooklyn," passed February 17, 1857, and Chap. 304, entitled "An act to incorporate the fire department of the Eastern District of the city of Brooklyn," passed April 7, 1857 ; the former providing for five commissioners for the Western District, and the latter for the same number of commissioners for the Eastern Dis- trict, with authority in their respective districts, subject to the approval of the common council, to inquire into all applications for fire companies, or for appointments as firemen; to have cognizance of all complaints against firemen and fire companies for riotous or disorderly conduct at fires or alarms of fires ; or for violation of the state laws or city ordinances, and to remove and suspend firemen, and to disband such companies ; to nomi- nate bell-ringers to the common council for the Western District, and to the mayor for the Eastern District. 87 trict. Each organization shall consist of one chief engineer, and as many assistant engineers, firemen, hosemen, axemen, and hook and ladder men, as shall from time to time be elected by the firemen of each district, and approved by the common council ; but the present members of the fire de- partment shall continue to be such, without any new ap- pointment under this act. The powers of the chief engineer and assistant engineers shall be confined to their respective districts. The fire department of the present city of Brook- lyn, as at present constituted, shall with its additions form the organization for the western district, and the fire depart- • ment of the city of Williamsburgh, as at present constituted, shall with its additions form the organization for the east- ern district. Except in cases of " general alarm," the com- panies may not attend fires out of the district in which they are located ; in all cases, however, all companies at- tending a fire shall be under the control of the engineers in whose district the fire may be. [The firemen of both districts shall be under the control of the common council ;] and all the fire engines and other fire apparatus, now be- longing to the different municipalities hereby consolidated, shall be owned by the city. § 2. The mayor and the members of the common coun- Wart cil shall be fire wardens, and they, together with such other fire wardens as the common council may appoint, in the manner now or hereafter prescribed by law, shall possess such powers and perform such duties as the said common council may from time to time prescribe. § 3. The common council shall procure fire engines and gg] other apparatus used for the extinguishment of fire, and provide suitable engine houses and other places for keep- [ ing the same, and have the charge and control thereof. [They shall have the power to organize fire, hook and lad- der, hose, bucket and axe companies, and to reorganize the present fire department if they think proper.] 88 Bales and fines. g 4. It shall be the duty of the common council to make rules and regulations for the government of the officers and men attached to the said department, and to impose such penalties and fines for a violation thereof, not exceed- ing one hundred dollars, as the said common council may deem proper ; [and for incapacity, neglect of duty or gross misconduct, the said common council may disband any of said companies, suspend or expel individuals, members thereof, in the manner and with the restrictions herein- before provided for the removal of officers of the city government.] Exemption. § 5. Every member of said department shall be entitled to the same privileges and exemptions from military or jury service as they are now entitled to by law. Their names shall be registered by the clerk of the city in a book to be provided for that purpose, and a certificate from said clerk, under the corporate seal of the city, of the appoint- ment of any person as a fireman, and of the time thereof, countersigned by the foreman of the company to which such a person may belong, shall be competent evidence to show that such a person is a fireman, and at the time of such countersigning was actually serving as such. Fines to be kept g 6. All fines and forfeitures accruing within the said districts, under the laws of this state or the ordinances of the city relative to the extinguishment of or proceedings at fires, shall be applied to the fire department fund of said district, for the benefit of indigent and disabled fire- men, and the families of deceased firemen. Injured firemen, g 7. Any member of the fire department who shall, while in the performance of his duty, be maimed or in- jured, so as to be rendered thereafter unable to perform the duties of a fireman, shall receive a certificate of discharge, which shall entitle him to all the privileges of a fireman whose time has been regularly served, and shall also be 89 entitled to the benefits of the law regulating discharged firemen in the city of New York. The common council shall provide by ordinance for the granting of certificates of discharge to such firemen as shall be entitled to the be- nefits of said law. § 8. The common council shall pass such ordinances as Gxm w***- it may deem proper for regulating the storage of gun- powder and other articles of a combustible nature, and fix the penalty for any violation of the same. All penalties recovered under such ordinances shall be for the benefit of the fire department fund of the district in which the viola- tion occurs, and shall be paid over to the officers author- ized to receive the same.* § 9. When a building shall be on fire in said city, the^uc^on mayor, with the advice of the chief engineer of the dis- * rrest fires - trict, or in his absence, under the advice of two of the as- sistant engineers, and with the concurrence of two members of the common council, or in the absence of the mayor, three of the common council, with the like advice, may order such building or any adjoining building to be pulled down or otherwise destroyed, if they shall deem it likely to convey the fire to another building. § 10. The common council may from time to time, by Fire limits - ordinance, designate limits in said city of such extent, metes and bounds as they may deem proper, within which all buildings, to be erected after the expiration of three calendar months from the passage of such ordinance, shall be built of brick or stone, or materials other than wood, and in such manner as they may determine and specify in such ordinance. Said ordinance shall be published in the corporation newspapers at least once a week for the space of * See Laws of 1855, Chap. 332, and Laws of 1857, Chap. 768. 7 90 Former limits. of three calendar months after the same shall have been passed, and before it shall take effect as law. §11. Any such limits heretofore designated by the said common council shall remain and continue with the same effect, and the same pro visions shall apply thereto, as if established in exact conformity with the provisions of "An act to amend the act to incorporate the city of Brooklyn," passed April twenty -nine, eighteen hundred and thirty-five, and as if the ordinances heretofore passed in relation thereto had been duly passed, approved and published, and the said limits shall continue, and the pro- visions of law now applicable, or which may be applied as aforesaid thereto, shall remain in full force, except as the same may be modified by this act or the ordinances passed in pursuance thereof. HmiS gement ° f § ^* slLC ^ ^ imts 5 heretofore designated or hereafter to be designated, may be enlarged from time to time by the common council, as the public good may be deemed to require, upon the written petition of any owner of pro- perty within the territory proposed to be included in said limits, provided that such enlargement is not remonstrated against by a greater number of owners in the said territory than petition therefor, after the notice of such application shall have been published, as hereinafter required ; and all provisions of law inconsistent herewith are repealed. Notice of § ^ an y sucn application shall be presented to the petition. common council, they shall cause notice thereof to be pub- lished in all the newspapers employed by them at least once a week for six weeks successively, and that they will proceed to act upon such petition on a day therein to be specified, which shall be after the expiration of the said six weeks, and they shall publish with such notice, as a part thereof, a description of the territory proposed to be so designated, or which it is proposed to include within any such limit. 91 § 14. Any building erected in any such district pre- Present building o j o j i may be repaired. vious to the designation or enlargement thereof, and cov- ered with boards or shingles, may be repaired or new roofed with boards or shingles ; and all steeples, cupolas, and spires of churches and other public buildings, and all privies not exceeding ten feet square, and lime houses the height of which shall not exceed ten feet exclusive of the roof, may be built of wood and boards, and covered with boards or shingles. § 15. If any building shall be erected or roofed con- Ponal *y- trary to this act, or to the provisions of any such ordinance, the owner or owners thereof shall for every such offence forfeit and pay the sum of two hundred and fifty dollars, to be recovered, with cost of suit, in any court of record within this state, by the city, for the use of the fire de- partment of the district ; and every such building erected or roofed contrary to this act, or to the provisions of such ordinance, shall be deemed a common nuisance, and the owner or occupant thereof may be indicted therefor, and on conviction shall be punished by fine or imprisonment, as the court having cognizance thereof may deem proper, and such court shall also order and cause such nuisance to be abated or removed. § 16. Any person who shall be or shall have been in- Damage* for jured or damaged by reason of the pulling down or de- bull dings?"" struction of any building in said city, for the purpose of preventing the spreading of fire, pursuant to authority granted by section fifty-seven of an act to incorporate the city of Brooklyn, passed April 8, 1834, and section nine of title seven of the act hereby amended, may institute against the said city an action to recover compensation for such injury or damages; and in case of a final judgment being recovered in such action against the city, the amount so recovered, with interest and all the costs and ex- penses of the city in the defence of such suit, shall be added to and collected with the amount to be raised by the 92 general tax in said city. In any such suit the plaintiff or plaintiffs shall recover for only such damage or injury as he or they shall be proved to have sustained beyond what apparently would have been sustained from the fire, to prevent the spread of which such building was so de- stroyed or damaged. And no execution shall issue upon any such judgment, but the amount thereof shall be paid by the city of Brooklyn, out of the amount added to and included in the next general tax, as herein provided, when collected. suits for fines. § 17. The fines and penalties prescribed by this title, and by any ordinance passed or which may be passed by the said common council for establishing fire districts, or the prevention of fires, or for regulating the storage of gunpowder and other articles of a combustible nature, shall be sued for and recovered by the fire departments of the city. wa?den°/ flre § 18 * Tne board of officers of the fire department of the city of Brooklyn may, at its first meeting after this act shall take effect, nominate, for the office of fire wardens, five firemen or exempt firemen who shall have served at least seven years in the fire department of said city, and if such persons be approved by the common council, they shall be appointed and shall be known as the board of fire wardens. The said wardens shall perform such duties and receive such annual compensation as the common council may from time to time prescribe, not exceeding three hundred dollars for each. The chief and assistant engineers of said department for the time being shall be ineligible to the office of fire warden. nro wardens. [§19. The board of trustees of the corporation known as " the fire department of the city of Brooklyn," at their first meeting after the passage of this act, shall nominate for the office of fire wardens of the western district of said 93 city, five firemen or exempt firemen who shall have served at least five years in the fire department of said city, which nominations shall be submitted to the common council of said city at their next regular meeting after such nomina- tion by said board ; and if such nomination shall be ap- proved by said common council, the persons so nominated shall be the fire wardens of said city ; but if such nomina- tions, or any of them, shall be disapproved by said common council, other persons, qualified as aforesaid, shall forth- with be nominated by said board to said common council for their approval, and so as often as may be necessary until said offices shall be filled. If the common council shall neglect to approve or disapprove any nomination for one month after the same shall have been submitted to them, the person so nominated shall be deemed duly ap- pointed to said office. All subsequent appointments to said office shall be made in the manner above provided. [§ 20. The said fire wardens shall thereupon and with- r in one week after such regular meeting of said common coun- cil, determine by lot the term of office of each, in the manner following: five tickets shall be prepared, upon two of which shall be written the words " one year," upon two others the words " two years," and upon the remaining ticket the words " three years," and such tickets shall be deposited by one of said wardens, in a box, or other con- venient receptacle, at some suitable place in said city ; and thereupon each warden present at the drawing of said tickets shall draw one of said tickets, and at least a majori- ty of said wardens shall be present at such drawing : and in case the other warden or wardens shall be absent at the time of such drawing, any one of the wardens present may draw for such absent warden or wardens : and the warden who shall draw, or for whom shall be drawn the ticket containing the words " three years," shall hold the office of fire warden of said city for the term of three years from 94 the time of such, drawing ; and the warden who shall draw, or for whom shall be drawn a ticket containing the words " two j^ears," shall hold such office for the term of two } r ears from the time of such drawing ; and the warden who shall draw or for whom shall be drawn a ticket con- taining the words " one year," shall hold such office for the term of one year from the time of such drawing. The result of said drawing shall be duly signed by the wardens or a majority of them, and filed by the secretary of the board of trustees. The time and place of such drawing- shall be designated by the board of trustees, and each of said wardens shall be notified of such time and place at least one day prior thereto, by the secretary of the board of trustees of said fire department, personally or by writ- ten notice to be left at the dwelling of the warden or war- dens so notified. [§21. At the first regular meeting of said board after the first day of July, eighteen hundred and fifty-six, two firemen, or exempt firemen qualified as aforesaid, shall be nominated by said board and appointed in the manner aforesaid, to fill the place of said wardens who shall have been designated for the term of one year ; and the persons so appointed shall hold such office for the term of two years from the expiration of the term of office of such war- dens as shall have been designated as aforesaid for the term of one year ; and thereafter the term of office of four of said wardens shall be two years, and of the other of said wardens three years. And the said board shall annually, at their first regular meeting after the first day of July in each year, supply the vacancies in said office happening during such year by the expiration of the term of said office, in the manner aforesaid, and for the term of two or three years as the case may be. No person except fire- men or exempt firemen qualified as aforesaid, shall be eligible to said office. 95 [§ 22. Any of the fire wardens of said city may at any Remova s - time be removed from office by said board for neglect or misconduct in office ; but no warden shall be removed unless written charges and specifications of such neglect or misconduct shall have been first presented to such board, and a copy thereof served personally upon the person ac- cused, and until a reasonable opportunity shall have been afforded to such person to defend himself before said board in person, and by his counsel and such witnesses as he may produce. [§23. All vacancies which may happen in the office Vacancies - of fire warden of the western district of said city by re- moval from office or otherwise, shall be supplied by said board in the manner aforesaid, as soon as may be after the happening of such vacancy ; and all persons who may be nominated to supply any vacancy shall hold office only for the balance of the term in which such vacancy may have occurred. ["§ 24 The said fire wardens shall perform such duties Duties and \_o " 1 compensation. and receive such annual compensation as the said common council may from time to time prescribe, not exceed- ing three hundred dollars per annum for each. They shall constitute the board of fire wardens of the western district of said city. The chief engineer of the western district of the fire department of said city for the time being shall be ineligible to the office of fire warden.]* * Sections 19, 20, 21, 22, 23 and 24 were added by Laws of 1855, Chap. 107. Three fire wardens for the eastern district, with similar powers, du- ties, rights and liabilities with those here provided for the western dis. trict, are authorized by the Laws of 185?, Chapter 304, entitled "An Act *o incorporate the fire department of the eastern district of the city of Brooklyn," passed April 17, 1357. Section 18 of this title appears there- fore to be nugatory. 96 TITLE VIII. OF COMMISSIONERS OF EXCISE.* TITLE IX. OF THE BOARD OF HEALTH. Board of health. Section 1. The aldermen of said city, or such number of their body as the common council shall designate, shall constitute a board of health, and the mayor, or in his ab- sence or inability to act, the president of the board of aldermen shall be president thereof. The city clerk shall be clerk of said board, and shall keep a journal of its pro- ceedings. Mayor to preside, g 2. It shall be the duty of the mayor or the president of the board of aldermen, at all meetings of said board, when he shall be informed of any matter requiring the ac- tion of the board of health, to lay such matter before them, and they shall thereupon proceed to consider and act upon the same. The said board may also be convened at any time by notice from the clerk, under the direction of the president or any two of the members, for the trans- action of business ; and the said board of health shall have, possess and exercise the same power and authority in said city as the board of health in the city of New York. 0ffice - § 3. The board shall designate a place to be called the "office of the board of health," at which the president or one or more of the members shall attend daily (Sunday excepted,) from the first day of June to the first day of October, in each year, and they may so attend on Sunday, * Repealed by Laws of 1857, Chap. 628, entitled "An Act to suppress intemperance and to regulate the sale of intoxicating liquors," passed April 16, 1857. 97 if necessary ; and the person or persons so attending shall enter in a book, to be kept for that purpose, all matters which shall come before or be transacted by them as presi- dent or members of the board of health. § 4. No vessel subject to the examination of the health Approach of officer of the port of New York shall approach to the city of Brooklyn beyond the place which shall, at the time of such approach, be assigned for quarantine, witliout a per- mit from him, countersigned by the president of the said board of health. § 5. Every person practising physic in the said city, ^^2^*^ who shall have a patient sick of any malignant, infectious JBgK!? 1 or contagious disease, shall make and file a written certi- ficate thereof in the office of the board of health, stating the name of such patient, and the house and place where he shall then be, and the board of health may require any such physician to make and file in said office, within such time as they may prescribe, not less than three hours after service of a copy thereof upon him, an affidavit, stating therein whether he has or has not any patient, who, in his opinion, shall then be sick of any such disease, and if he has any such patient, to state in such affidavit his or her name, and the house or place in said city where he or she shall then be, and the nature or name of such disease, to the best of his knowledge and belief. § 6. The common council may, by ordinance, require f " ^ s 6 Tt every person keeping a boarding or lodging house in said city, within six hours after any seafaring man or sojourner shall be sick in such house, to file in the office of the mayor of said city, a certificate thereof, signed by him or her, stating the location of such house and the name of such diseased person. § 7. No person shall remove any sick person from any sick persons not , «_ to be removed vessel or from any other place in said city without written from vessels. 98 permit for that purpose, granted by the president or one of the members of the board of health of said city. § 8. The board of health of said city shall have the charge, control and management of all lands, buildings and premises thereon, which may be purchased, owned, leased or hired by the common council for the purpose of a hospital or hospitals, and for the purpose of preserving the health of the inhabitants of said city. It shall possess and may exercise the following powers : 1. By proclamation to prohibit or regulate the inter- course by land and ferries, or otherwise, between this city and any place or places where they may be informed that any infectious or contagious disease shall prevail. 2. By resolution to direct any vessel lying at a place within three hundred yards of any wharf, landing place or shore of said city, and from which they shall deem it probable that any infectious or contagious 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, landing place or shore of said city, within six hours after a copy of such resolution, certified by the city clerk, shall be delivered to the person or persons having the command of such vessel, or to the master, owner or consignee thereof; and every such per- son or persons, master, owner or consignee to whom such copy of such resolution shall be delivered, shall forthwith coni]}ly with the same. 8. By resolution to direct to be removed to the hospital of said city, or other place to be designated by them, all persons sick of a malignant, infectious or contagious dis- ease, and all things within the city, which, in their opinion, shall be infected with any matter likely to communicate disease to the inhabitants, and to cause such resolution to be carried into effect. 99 4. By resolution to direct any bedding, clothing, putrid or unsound beef, pork, fish, hides or skins of any kind, or any other articles found within said city, and which, in its opinion, shall be dangerous to the health of the inhabit- ants thereof, to be destroyed by casting the same into the East river, below low water mark, at a suitable distance from the shore, or in such other manner as it may direct ; and it may employ such person or persons as it may deem proper to remove or destroy such articles ; and every person who shall in any manner resist or hinder any person so em- ployed, shall be deemed guilty of a misdemeanor.* §9. Every person who shall violate, or neglect, or re- ^SjSJj 5j es fuse to comply with any provision contained in this title, or in the proclamation or 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 exceeding two hundred and fifty dollars, or imprisonment not exceeding six months, or both ; and all such fines when collected shall be paid to the treasurer of said city for the use of the said board of health. § 10. The health officer of said city shall visit all sick jggjjjj officers persons who shall be reported to the board of health in pursuance of this title, and report to the board of health in writing, his opinion of their sickness ; and he shall at- tend at said office at such times as the board shall direct, * By Laws of 1857, Chap. 412, entitled "An act for more effectually guarding against the spread of pestilential diseases," the additional power is conferred upon the board of health of Brooklyn, of order- ing any vessel at the wharves of the city, or in their vicinity, to the quarantine ground, or some other place of safety, and requiring all per- sons, articles or things introduced into the city from such vessel to he seized, returned on board thereof, or removed to the quarantine or other place of safety. 100 for the purpose of conferring- with the president or other members of the board in relation to the health of said city. He shall visit and inspect all vessels coming to the wharves, landing places or shores of said city, or within three hundred yards thereof, which are suspected of hav- ing on board any infectious or contagions disease, or likely to communicate the disease to the inhabitants of said city ? and all stores and places within said city which are sus- pected 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, and the nature, state and situation thereof, and his opinion, in rela- tion thereto, as to the probability of disease being com- municated by or from the same, and file such report in the office of the board of health. lie shall also discharge such other duties as shall from time to time be prescribed to him by the board of health. borrow §11. The common council are hereby authorized to procure on loan on the credit and faith of the city, from time to time, such sum or sums of money as a majority of the aldermen elected may deem necessary to pay losses or expenses, not provided for in this act, which may arise from any accident by flood, fire or otherwise, or to pay any expenses necessarily incurred in the protection and preservation of the health of said city and its inhabitants, in case of any prevailing epidemic disease or sickness, provided that the sums of money so to be procured shall in the first case be declared to be necessary and proper by a certificate to be signed by the mayor, county judge, and street commissioner, and in the latter case by a certificate to be signed by the mayor, health officer of said city and the presiding officer of the Kings county medical society, which certificates shall be presented to the common coun- cil before they shall take any action in the matter, and the 101 money so obtained shall be applied only to the specific use and purpose for which it shall be so borrowed. The amount so raised and borrowed shall be levied, assessed and collected in the next annual tax in the same manner as the other expenses of said city. TITLE X. OF THE FINANCIAL DEPARTMENT. Section 1. The accounts of the city and management Finances, of its finances shall be under the direction of the comp- troller of said city, subject to the provisions of this act and to the ordinances of the common council. § 2. The said accounts shall be distributed in three dis- classification of tinct classes: the first of said classes shall embrace all such expenditures as are to be made out of money raised by general tax, and shall be called the general fund; the second, such as are to be made out of money raised by a special or local tax or assessment, and shall be called the special fund ; and the third class shall consist of accounts of the sinking fund. And no money raised for the use of one of said funds shall be at any time used for the pur- poses of either of the other of said funds. § 3. The accounts of the general fund shall always ex- General fund, hibit the receipts and expenditures of each department of the city government, and no receipt of expenditure of money shall at any time be charged or credited to any other than its appropriate account. The accounts of the special fund, special fund, in addition to the general account of said fund, shall at all times exhibit the amounts received and paid under each item composing said fund, with the amounts received and paid for interest on each. The sinking fund sinking fund, account shall exhibit the amounts received into said fund, 102 specifying from what sources they have been received, to- gether with the amount and description of securities be- longing to said fund. Active citL»" § 4. The faith of the said city and the property now be- to be paid. longing to the present cities of Brooklyn and Williams. burgh, respectively, are pledged for the final payment of all moneys heretofore borrowed or raised by said cities re- spectively under or by virtue of any law of this state ; and until said several sums of money shall be fully paid, there shall be levied and collected, by a general tax on that part of the city embraced in the present city of Brooklyn, in the same manner as other taxes of said city at large, the sum of seven thousand eight hundred dollars in each of the next six years, and thereafter annually the sum of six thousand dollars, until the surplus of the debt on its property as hereafter mentioned shall be provided for, and then upon the whole city. There shall be levied and collected in the same manner, on that part of the city embraced in the present city of Williamsburgh, a sufficient sum to pay off an amount of its debt equal to its surplus as hereinafter mentioned, and the residue of the debt shall be levied and collected upon the whole city. Brooklyn debts. § 5. The several sums of money in the present city of Brooklyn so to be raised, together with all the interest ac- cruing from its investment, and all moneys now raised for a similar purpose, shall be and remain pledged and applied to redemption of loans procured by said present city of Brooklyn ; nor shall any other investment or use be made of such moneys or securities, except as herein provided, and any other appropriation thereof shall be deemed a misdemeanor and punishable accordingly. Brooklyn sink- § 6. The fund thus designated, together with all former and subsequent accumulations, shall be called the " sinking fund of the city of Brooklyn," and shall be managed by 103 the mayor, treasurer and comptroller of said city, as ex- officio commissioners of said fund, a majority of whom shall constitute a quorum for the transaction of business. § 7. The said commissioners shall from time to time in- sfnk^n^fund.' 1 vest the money of said fund in any stocks for the payment of which the faith of this state or the United States is or shall be pledged ; or in any of the bonds or securities issued by said city or the county of Kings ; and to deposit said moneys with any safe moneyed corporation in this state, and make such contract with such institution for the duration of such deposits and the interest thereon as they shall consider for the best interest of such fund ; and may also, at such times and upon such terms as they may deem advisable, pay any part of the moneys borrowed or raised as aforesaid before the time limited for the payment thereof. § 8. The said commissioners shall report to the common ^JJ^ onera council semi-annually, at its first meetings in January and Jul}', a particular account of the condition of said fund, specifying the receipts and payments since the last report the amount and description of stocks held by them, with the interest they bear, the institutions holding deposits, the amount of such deposits, and the rate of interest paid thereon respectively, also the amount of loans purchased, if an}', and the rate paid therefor. § 9. The common council shall have power to make per- Permanent manent loans for the use of said city, and to issue bonds therefor, payable at such times, in such manner and at such rates of interest as they may direct, if the proposition for creating such debt shall have been previously submitted to the electors of said city at a regular charter election, of which three months' previous notice shall have been pub- lished in the corporation newspapers, and such proposition shall have then received the affirmative vote of the ma- jority of the voters at such election. 104 Vote upon. § 10. The common council may by ordinance direct the mode and manner of submitting such proposition to the electors of said city. be°is d s S iIed ben t0 § ^ n case ^ e ma j° r ity °f sa ^ electors shall be in favor of creating such loan, the common council which shall be in office next after such election has taken place may, by the vote of the majority of all the members elected, confirm such loan ; but no bonds shall be issued therefor until the common council shall have made specific provision for a sinking fund, to be raised by an annual tax sufficient to pay and discharge such bonds at maturity, and the faith and property of the city shall be and is hereby pledged for the final payment of any and all such loans. £ns P ° rary § 12. The common council, after the taxes have been levied in any year, shall have power to make temporary loans, in anticipation of the collection of such taxes, such loans to be applied to the purposes for which such taxes may have been levied, and for no other purpose, and such taxes shall be inviolably applied to repay such loans. SdeUed^essfor § ^ ne common council shall also have power, after assessments. an y assessment for a local improvement has been con- firmed, and a contract for making the same has been en- tered into, to issue certificates of indebtedness to the con- tractor, payable out of such assessments when collected, and bearing interest after the expiration of one hundred and twenty days from the delivery of the assessment roll to the collectors ; but no certificate shall at any time pre- vious to the completion of the work exceed seventy -five per cent, in value of the work actually done, and they may issue a warrant for the collection of the assessment imposed before the work shall have been completed. Moneys R 14. Whenever the citv shall by law be authorized to borrowed to be ° i applied to borrow money for any specific purpose, the moneys so specific purposes. J J x ■ _ borrowed shall be applied only to such purpose, except 105 the surplus thereof, if any surplus should remain after accomplishing such purpose ; and it shall not be lawful for the common council of the said city to borrow any money, or to enter into any contract by which they may be compelled to pay money, except for the purposes for which they are or may be authorized to raise money by tax, and then only to an amount not ex- ceeding the sum they are authorized by law to raise by tax during that municipal year for the purposes for which such money may be borrowed or contract entered into ; and it shall be the duty of the said common council to pay all money so borrowed, with interest accrued thereon, and to discharge all such contracts out of the money raised by tax during the same municipal year in which the money is borrowed or contract entered into, except as by this act provided. §15. It shall be the duty of the comptroller to state Property and ° *£ , r . debts of Brook - and keep an account, under the direction of a committee of iyn, wiiiiams- L / burgh aud Bush- the common council, composed of one from each of the wick - present cities of Brooklyn and Williamsburgh and town of Bush wick, showing the property and assets held by each respectively in their corporate right, and the value thereof on the first day of January, eighteen hundred and fifty- five ; and also showing the amount of the debts of each on that day actually existing or contin- gently arising from any work done for, or liability incurred, or property purchased by them respective, ly. Such property shall be the common property of the whole city, subject however to the pledges hereto, fore made by law of the portion of each present city and town. The value of the property and assets of each pre- sent city and town shall be deducted from the debts of each, and the surplus of debt of each, over the amount of its property and assets, shall continue a particular debt upon each respectively ; the residue shall be common debt 8 106 of the whole city. If the property and assets of either of said present cities and town shall exceed its debts, the balance shall be credited to it in the taxes of the year eighteen hundred and fifty-five. The property and assets of any district of either of the said cities or town shall, for the purposes of such account, be considered the property of the city or town in which the district is located. Any ward not heretofore included in the fire department districts of Brook- lyn or Williamsburgh, hereby or hereafter to be admitted to the use of the fire department property of the said city, shall contribute its proportion to the value of such property in the district in which it is located, to be determined by the fire department committee of the common council, and to be raised by tax in one or more annual instalments, as the common council shall determine. comptmikMo § 16. It shall be the duty of the auditor and comptroller SfSSZ of cm- to examine annually the accounts of the collectors of taxes and assessments, and of the treasurer, and to audit the same, and to present to the common council, at its first meeting after the first day of July in each year, the result in writing of such examination. The common council or* the finance committee thereof may at any time order fur- ther examinations, by the auditor and comptroller, of such accounts. All other officers of the city receiving and dis- bursing moneys shall present their accounts annually to the auditor and comptroller for examination, who shall audit the same and report the result to the common council. The common council may, by ordinance or resolution, further define and prescribe the duties of the auditor and comptroller in the premises. lector.* annually. I 49^ 107 TITLE XI. MISCELLANEOUS PROVISIONS. Section 1. Any person who maybe required to take Per J ur y- an oath or affirmation, under and by virtue^ of any provi . sion of this act, who shall wilfully swear or affirm falsely to any material fact or matter under such oath or affirma- tion, legally administered, shall, upon conviction, be ad- judged guilty of perjury. § 2. No person shall be incompetent, as a judge, justice, Com P° tenc >'- witness or juror by reason of his being an inhabitant or freeholder in the city of Brooklyn, in any action or pro- ceeding in which the city is a party or interested. § 3. The office of the city clerk, street commissioner, i^mei^&a comptroller, and collectors of taxes and assessments shall ofrccor<1 - be and they are hereby declared to be offices of record, for the purpose of filing, recording and safe keeping any and all papers and documents of the city, and appertaining or belonging to the said several offices ; and all provisions of law relating to offices of record, or the preservation or safe keeping of papers or records therein, are hereby declared to apply to said several offices. § 4. Every embezzlement of money by any officer Embezz elected or appointed under this act, or by a clerk, deputy or assistant of such officer, shall be deemed a felony, pun- ishable by fine or imprisonment, or both. § 5. Every ordinance, resolution, or by-law of the com- mon council may be read in evidence in all courts and legal proceedings, from the volume of ordinances pub- lished or to be published by order of the said common council, without any other proof of the passage or publica- tion thereof; but such publication shall be only pre- ement. Proof of ordinances. 108 Service of process on boats and vessels. Penalties recovered pay- able into city treasury. Armory, gun- bouse, &c. Existing ordinances of Brooklvn. Taxes due and unpaid, how to be applied. sumptive evidence that the same has been duly published in the corporation newspapers as required by this act. § 6. Any civil or criminal process, attachment or ex- ecution may be served or levied upon any person or property on board of any vessel which, at the time of such service or levy, shall be attached or fastened to any wharf, pier, bulkhead or landing place in said city, or lying so near thereto that a person can step from the same upon such vessel, or shall be fastened to any other vessel or vessels which shall be so attached or lying to any such wharf, pier, bulkhead or landing place, in the same man- ner and with like effect as if such vessel was actually within said city. § 7. When a penalty is created, or authorized to be cre- ated, by this act, and no particular provision herein is made as to the application thereof, when recovered, such penalty shall, when so recovered, be paid into the city treasury for the use of the city. § 8. The common council shall have power to provide a suitable armory, gun-houses and drill rooms for the use of the military of the said city. § 9. The existing ordinances, by-laws and regulations of the present city of Brooklyn, not relating to local im- provements, as the same have been passed, shall be and continue in full force and effect, in the same manner and to the same extent and effect as though they had been published pursuant to law, and shall be in full force and effect, as regards the city hereby incorporated, together with such others as may from time to time be passed, until the same shall be repealed by the common council. § 10. All taxes and assessments in the said present cities and town, remaining due and unpaid on the first day of January, one thousand eight hundred and fifty -five, shall be collected as now provided by law, except that the su- 109 pervisors, in cases of taxes remaining unpaid on the first day of July, one thousand eight hundred and fifty -five, and the common council, in cases of assessments remaining unpaid on the last mentioned day, shall have power and are hereby authorized to issue warrants for the collection of the same to the collectors of taxes and assessments to be elected under the provisions of this act, who shall proceed under said warrants to collect the said taxes and assess- ments, and shall make their returns thereto, and pay over the money collected by them respectively under the same, to the several officers designated in this act for that pur- pose ; and all proceedings after the expiration of any warrant for the collection of any of such taxes and assess- ments shall be conducted according to the provisions of this act. Such taxes shall be applied to the purposes for which they shall have been levied in the present cities of Brooklyn and Williamsburgh and the town of Bushwick respectively. § 11. The expenses of any local improvement com- Expenses of menced by the present cities of Brooklyn and Williams- improvements, burgh, respectively, before the first day of January, one thousand eight hundred and fifty-five, for which expense no assessment shall have been laid, shall be assessed as now provided by law in the said cities, respectively, ex- cept that the duties in relation thereto, now devolved upon the common council and officers of the said cities respec- tively to be performed, shall be performed by the common council of the city of Brooklyn hereby incorporated, and by the officers to be elected and appointed and authorized to perform similar duties under this act, except that if commissioners shall have been appointed to lay any as- sessment they shall complete such assessment. § 12. All the rights, interest, property, claims and de- J^fy^J^ ^ mands whatsoever, belonging to or to accrue to the pre- respective cities sent cities of Brooklyn and Williamsburgh and town of 110 Bushwick, shall belong to and be vested in the city of Brooklyn, hereby incorporated, and all liabilities and re- sponsibilities of either in favor of third parties shall be as- sumed by and may be enforced against the city of Brook- lyn, hereby incorporated, but each of the present cities of Brooklyn and Williamsburgh and town of Bushwick shall be, as between each other, liable for its own indebtedness and entitled to its own property, as hereinbefore provided ; all suits in favor of or against the present cities of Brook- lyn and Williamsburgh and town of Bushwick, shall be continued against the same respectively until judgment. Board of § 13. There shall be a board of education, and all the education. provis i ons f ] aw relating to the board of education of the present city of Brooklyn shall apply thereto, except that the board hereby authorized shall be constituted of the members of the said present board, and such additional members as may be appointed by the common council for the portion of the city embraced in the present city of Williamsburgh and town of Bushwick, and the said com- mon council is hereby authorized and required to appoint and classify such additional members, having reference therein to the proportional increase of inhabitants by the additional territory; and the school property of the cities of Brooklyn and Williamsburgh and town of Bushwick, and the several districts thereof, shall be valued by the first board of assessors elected after this act shall take effect, and the board of supervisors of the county shall proceed to equalize the said value by assessing the aggre- gate amount thereof upon the whole city, and crediting each school district (the city of Brooklyn to be considered as one district) on account of its general tax with the value of its separate school property, and any special school taxes already laid and in process of collection. The eighth and twentieth sections of the act entitled to reorganize and regulate the common schools and board of education of the city of Brooklyn, passed April 4, 1850, is hereby repealed. Ill § 14. This act is hereby declared to be a public act. saving clause. All acts and parts of acts of the legislature of this state, not inconsistent with the provisions of this act, and not hereby repealed, shall be and remain in full force and effect; but any proceedings now pending, or that shall have been commenced before this act takes effect as a law, shall be continued and completed as if this act had not been passed, except as herein provided. § 15. This act shall take effect on the first Monday of Tir » e ? when this <-> _ J act takes effect. January, one thousand eight hundred and fifty-five, ex- cept sections three, four, five, six, seven, eight and nine of title three, which shall take effect on the first day of May next after the passage of this act. The terms of office of the city and town officers elected or appointed for the pre- sent cities of Brooklyn and Williamsburgh and town of Bush wick shall expire on the first day of January, one thousand eight hundred and fifty-five, except that the in- cumbents of the offices of street commissioner, counsellor and commissioner of repairs and supplies of the present city of Brooklyn, and the incumbent of the office of clerk of the present city of Williamsburgh, shall perform the du- ties devolved upon the street commissioner, counsellor, commissioner of repairs and supplies and clerk by this act, until the expiration of the terms for which they were re- spectively elected or appointed under the existing law ; and except that the incumbent of the office of collector of taxes and assessments of the present city of Brooklyn shall per" form the duties devolved upon the collector of taxes and assessments of the western district by this act, until the expiration of the term for which he was elected under the existing law ; and the incumbent of the office of collector of taxes and assessments of the present city of Williams- burgh shall perform the duties devolved upon the collector of taxes and assessments of the eastern district by this act, until the expiration of the term for which he was elected 112 under the existing law ; and except that the incumbents of the offices of street commissioner and counsellor of the present city of Williamsburgh shall continue to perform the duties of street commissioner and counsellor, for the purpose of closing up all the unfinished business in their re- spective departments, until the expiration of the term for which they were elected, and they are vested with such power, subject nevertheless to the directions of the com- mon council of the city hereby incorporated; and it shall be the duty of the officers retained in office by this act to close up the unfinished business of the said cities and town in their respective departments, under the direction of the said common council, except as herein otherwise provided, and except that the policemen now in office shall retain their offices until others shall be appointed under the pro- visions of this act. All officers elected or appointed under and by virtue of this act shall hold their offices for the term specified in this act, and until others shall be elected or appointed in their stead and have duly qualified. Sansferfed'to b ° § 16. The books, papers and documents now on file or city offices. ^ t in an y office m fa G p reS ent cities of Brooklyn, Wil- liamsburgh and town of Bushwick shall be transferred to such offices of the city hereby incorporated as the com- mon council shall by resolution direct. § 17. The provisions of this act shall not be construed to recognize or authorize any encroachment upon the na- vigable waters of the East river or harbor of New York. SPECIAL LAWS. FIRE DEPARTMENT. AN ACT TO AMEND AN ACT ENTITLED "AN ACT TO INCORPORATE Western distrie t. THE FIREMEN OF THE VILLAGE OF BROOKLYN," PASSED APRIL SIXTEENTH, EIGHTEEN HUNDRED AND TWENTY-THREE. PASSED MARCH 28, 1855. The People of the State of New- York, represented in Senate and Assembly, do enact as follows : ARTICLE I. Section 1. The name of the corporation created by an Chan s eof act of the legislature passed April sixteenth, eighteen hun- dred and twenty-three, entitled " An act to incorporate the firemen of the village of Brooklyn," is hereby changed to the fire department of the city of Brooklyn. All actions or proceedings now pending by or against the said corpo- ration, may be continued and prosecuted in its former name, or the court in which, or officer before whom, such action or proceeding is pending, may, upon the application of any party to such action or proceeding, order the same to be continued and prosecuted in the name of said corpo- ration as established by this act. 114 ARTICLE II. § 1. The second section of the said act of incorporation is hereby amended so that it shall read as follows : The affairs of the said corporation shall be managed by a board of trustees, which shall consist of as many trustees as there are or hereafter may be regularly organized com- panies for the extinguishment of fires in the city of Brook- lyn, as said city existed on the thirty-first December, eighteen hundred and fifty-four, to be chosen out of the whole body of engineers, and active and exempt firemen of said city of Brooklyn, and each regularly organized company for the extinguishment of fires in said city, shall be entitled to the nomination of one trustee. § 2. The said trustees shall manage the affairs and dis- pose of the funds of the corporation according to the by- laws, rules and regulations of said corporation, from time to time made and established by the board of representa- tives. The trustees shall choose a president and secretary. The president shall have a right to convene them when he thinks proper, and shall so convene them at least once a year. The treasurer shall give security to the corporation for the faithful performance of his trust, and shall at every annual meeting of the representatives, and at such other times as the board of trustees shall direct, render to them and to the board of trustees an account of the state of the funds. The representatives shall at their meetings have a right to inquire into and control the application of the cor- porate funds, and to displace any of the trustees or officers, if in their opinion guilty of mal-conduct, and elect others in their stead. The said board of representatives, and also the said board of trustees, shall respectively have power to fix upon the number of members of their respective boards which shall constitute a quorum for the transaction of busi- ness. In case of a vacancy in the office of representative, such vacancy shall be filled up by the company from which 115 he is deputed, for the remainder of the year, by a special election to be held for that purpose. And in case of a vacancy in the office of president, vice-president, treasurer, secretary, collector, or any of the trustees, such vacancy shall be filled up by the representatives for the remainder of their term of office, by a special election to be held for that purpose. § 3. There shall be a board of representatives, which feSivel shall consist of two members from each legally organized fire company in said city of Brooklyn, but every such re- presentative shall have served at least one year in said Brooklyn fire department, except in newly organized fire companies, which have not been organized that length of time. § 4. The said representatives shall choose on the second officers. Monday in December, in every year, by ballot, out of their own body, or the whole of firemen or exempt firemen, who have served their time in said Brooklyn fire department, a president, vice-president, treasurer, secretary and collector, and one trustee from each legally organized fire company. § 5. The board of representatives shall have full power By-Laws, to make and prescribe such by-laws, rules, ordinances and regulations, as to them from time to time shall appear needful and proper, touching the management and disposi- tion of their funds for the purposes aforesaid, and touching the meetings of said corporation, both special and ordinary, except the second Monday in December in every }^ear, which is hereby declared to be their annual meeting ; and touching the duties and conduct of their officers and trus- tees, and touching all such other matters as appertain to the business and purposes for which the said corporation was instituted, and for no other purpose whatsoever. But it shall require a two-thirds vote of all the members present at a regular meeting of said board, to adopt the same, pro- 116 vided that such by-laws, rules, ordinances or regulations, be not repugnant to the constitution or laws of the United States or of this state. § 6. The funds of said corporation which shall arise from chimney fines, certificates, donations, or any other source, or from such other sources as may have been here- tofore, or may be hereafter agreed on by the said depart- ment, or from any penalties which may accrue to the de- partment under any law which is now in . existence, or which may hereafter be passed, shall, after deducting ne- cessary expenses, be appropriated to the relief of such in- digent or disabled firemen, or their families, as may be in- terested therein, and who may, in accordance with the by- laws of said corporation, be worthy of assistance. nbers. § 7. JJ[ guc ] 1 p ersons ag nQW arc Qr h erea f ter ma y fc e firemen of said city of Brooklyn, and actual members of any fire company regularly organized as such under the authority of the city of Brooklyn, and located within the bounds of the city of Brooklyn, as the same existed on December thirty-first, eighteen hundred and fifty-four, or persons who have served their time as firemen in said for- mer city of Brooklyn, according to law, are constituted and declared to be members of the corporation mentioned in the first section of this act, in like manner, and with the same rights and privileges, as the persons expressly incor- porated by the act therein mentioned. ARTICLE III. department, g ^ j n case at any time the fire department of the city of Brooklyn should become a paid department, by the re- spective members thereof receiving a compensation for their services, the persons who shall at that time constitute the board of trustees, shall continue and remain as such trustees, and shall have the sole and entire control of the then present fund, which, with such other moneys as may 117 accumulate from time to time thereafter, shall be collected, received, secured, held, retained and disbursed, by such trustees, solely for the benefit of the members of the de- partment as the same shall previous to that time exist, and their widows and orphans : Provided, however, that no member serving in said paid department, shall be entitled to any of the benefits arising from said fund, unless such member shall have, prior to the creation of such paid de- partment, served the time as a fireman prescribed by law. § 2. The board of trustees shall have power to require ^ 3 e of certlfi " of the chief engineer, the collection of the prices of the certificate of firemanship, but the price of said certificate shall not exceed two dollars. § 3. The said corporation shall have power to purchase, Property, take, hold and convey any estate, real or personal, for the use and object for which the said corporation was instituted, but such real or personal estate shall not exceed the sum of one hundred thousand dollars. § 4. In case any election shall not be made on any day Elections, when pursuant to this act it ought to have been made, the said corporation shall not, on that account, be deemed to be dissolved ; but it shall be lawful on any other day, to hold and make such election in such manner as shall have been regulated by the by-laws and ordinances of the said corporation. § 5. All laws or parts of laws, heretofore passed, incon- sistent with the provisions of this act, are hereby repealed. § 6. This act shall take effect immediately. 118 AN ACT Western district FOR TITE BETTER REGULATION OF FIREMEN IN THE CITY OF BROOKLYN. PASSED FEBRUARY 17, 1S5T — THREE-FIFTHS BEING PRESENT. Convention of firemen of west- ern district to elect commissioners. When held. Election of commissioners The People of the State of New York, represented in Senate and Assembly, do enact as follows: Section 1. There shall be elected by a convention of firemen, to be composed of two delegates from each legally organized fire company, and one delegate from the board of engineers in the western district of the city of Brooklyn, five commissioners to be denominated the commissioners of the fire department of the western district of the city of Brooklyn. § 2. The conventions for the election of said commis- sioners shall be held on the second Tuesday in May, in each year, at such place and hour as the president of the said Brooklyn fire department shall designate, (at least ten days previous to the time of meeting thereof,) and a ma- jority of the votes cast shall be necessary to constitute a choice ; the president and secretary of the said Brooklyn fire department shall act as president and secretary of such conventions, but shall not be entitled to a vote un- less they are regular delegates, and the proceedings thereof shall be kept on file with the documents of the fire de- partment. § 3. The first election for commissioners under this act shall take place on the second Tuesday in May next, and within ten days thereafter the persons so elected shall, in the presence of the president of the said Brooklyn fire de- partment, draw for the term of their respective offices, say one for the term of five years, one for the term of four 119 years, one for the term of three years, one for the term of two years, and one for the term of one year. And annu- ally thereafter shall be elected one commissioner to hold his office for the term of five years, but each and every commissioner shall hold his office until his successor has been elected and has duly qualified. § 4. In case of a vacancy in the office of either or all of VacaDcles - the said commissioners, either by death, removal, or resig- nation, the president of the said Brooklyn fire department shall call a convention within thirty days thereafter to fill said vacancy or vacancies, and the person or persons so elected shall hold their office only for the unexpired term. § 5. No person shall be eligible as such commissioner Qualifications, unless he shall be at the time of such election an exempt fireman, and shall have ceased to be a member of the Brooklyn fire department for at least two years prior to said election. § 6. In case of the refusal or neglect of either or all of Removal, the said commissioners to perform any of the duties impos- ed upon them by this act, the common council of the city of Brooklyn shall have power to remove said commission- er or commissioners, upon the petition of the board of rep- resentatives of the said Brooklyn fire department therefor. § 7. The president and secretary of the said Brooklyn ^^ n ^ uc fire department shall certify to the common council the re j ect - names of all persons elected commissioners under this act, who shall confirm or reject the same within thirty days thereafter ; in case of rejection the president of the said Brooklyn fire department shall immediately call for a con- vention to proceed with a new election. § 8. The said commissioners shall nominate and the cierk to v commissioners. common council shall appoint, a clerk at a salary of not 120 Eules. less than five hundred dollars a year, who shall hold his office during the pleasure of said commissioners, and the commissioners and clerk shall take an oath to well and faith- fully perform their duties. § 9. The said commissioners may make such rules and regulations as may be necessary for the performance of their duties not inconsistent with the laws of the State of New York, or of the United States, and it shall require a majority to constitute a quorum for the transaction of business. commissioners' § 10. It shall be the duty cf the said commissioners to tonW ° n inquire into all applications for the organization of fire companies, and the result of such inquiry, whether in favor of or against said application, shall be certified by them, through the chief engineers, to the common council for confirmation, and no fire companies shall be organized un- less approved by said commissioners, save as provided for hereafter in section thirteen. § 11. It shall be the duty of the chief engineer of the said fire department to present to said commissioners the names of all persons applying to be appointed firemen, and of all persons expelled or resigned from the department, and on the same being duly investigated and determined by them, they shall certify the result of their action to the chief engineer, who shall thereupon return the same to the common council for their approval. in relation to § 12. The said commissioners shall have cognizance of n^lt^emen. all complaints against all firemen and fire companies, for riotous or disorderly conduct at fires or alarms of fires, or for violation of any of the state or city laws respecting the firemen of the city of Brooklyn. They shall diligently in- quire into the same, and if the parties so charged shall be proved guilty, the said commissioners are hereby empow- In relation to firemen to be appointed. 121 ered to susjiend or remove such firemen, or disband such companies, subject to the approval of the common council. § 13. Should any disagreement arise between the com- "Disagreement ° ... between mon council and the said commissioners, in regard to any common council ' ° J and cominis- decision of the latter, under the tenth, eleventh, and twelfth sioners - sections of this act, the same shall be referred back to the commissioners for reconsideration within thirty days after the same shall have been first presented to the said com- mon council ; and should the commissioners refuse to re- cede therefrom, or reconsider the same, then their action shall be final, unless the common council by a vote of two- thirds of al] the members elected shall overrule such decis- ion within thirty days after it shall have been again pre- sented to them. 6 11. The chairman of said commissioners, or either of Oaths before J » commissioners. them, may administer oaths and affirmations to witnesses appearing before them, and may require such witnesses to testify in respect to any matters pending before the commis- sioners; and should any witness or witnesses, after being duly notified, refuse to attend, the commissioners may apply to one of the justices of any court of record, and upon proper proof being made of the service of notice, the said justice shall issue an attachment compelling the attendance of such witness or witnesses. § 15. False swearing before said commissioners shall be raise swearing ° . ° . deemed perjury. deemed perjury, and punishable as such. §16. The said commissioners shall also nominate, and Boii-ringers,how the common council confirm, all bell ringers for each sta- apP ° in tion requiring them, subject to removal by said commis- sioners for neglect of duty only, and no one shall be eligi- ble for the appointment of bell ringer unless he be an ex- empt fireman. § 17. The said commissioners shall design a badge, to 9 122 to SpfrT bc confirm ed by the common council, and a sufficient num- Tnen's badge. ber furnished by said common council, which shall be con- spicuously worn by every fireman when on duty as such, and such exempt firemen as the said commissioners shall "give permission to in writing, unless such firemen or ex- empt firemen shall be otherwise equipped, as provided for by city ordinance; and the said common council shall pass such ordinances as may be requisite to prevent the ap- proach of persons other than such firemen or exempt fire- men and policemen to the vicinity of fire. ^SSaS § 18. Nothing in the foregoing section shall be so con- firemcnat fires. stmed as to deprive the chief engineer from the sole and absolute control of all firemen in case of fire, or from calling to his aid citizens, if he may deem it necessary, to assist in extinguishing fires. SSS? 8 § 19i An J person who shall falsely represent any of the misdemeanor. mem kers of t]ie fire department of the said city of Brook- lyn, or who shall maliciously, with intent to deceive, use or imitate any of the signs, fire caps, badges, signals, or devices, adopted or used by the fire 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 by imprisonment for a term of not less than ten days or more than three months. repealing clause. § 20. All laws and parts of laws heretofore adopted, in- consistent with this act are hereb} r repealed. § 21. This act shall take effect on the second Tuesday in May next. AN ACT TO INCORPORATE THE FIRE DEPARTMENT OF THE EASTERN Eastern district DISTRICT OF THE CITY OF BROOKLYN. PASSED APRIL 7, 1857— THREE-FIFTHS BEING PRESENT. The People of the State of New York, represented in Senate and Assembly, do enact as follows : Section 1. All such persons as now are or hereafter The Brooklyn shall be firemen, belonging to any legally organized body fire department of firemen in . the present eastern district of the city of Brooklyn, in the county of Kings, shall be and hereby are constituted and declared to be a body corporate, by the name and title of " The Brooklyn Eastern District Fire Department ;" and by that name and title they and their successors shall and may have succession, and may have a common seal, and may change and alter the same at their pleasure ; and also by said name and title shall in law be capable of purchasing, holding and conveying any estate, real or personal, for the use of the corporation hereby created ; provided, that the amount thereof shall not at any one time exceed the sum of one hundred thousand dollars. § 2. There shall be a board of representatives, composed Board of of one or more delegates from each organized fire compa- ny, and one from the board of engineers, doing or having done duty as such in the said eastern district, recognized by the common council, and by a majority of all the repre- sentatives hereinafter named, or their successors. But no 1 124 company disbanded shall be entitled to representation, nor shall the representatives of any company be entitled to participate in the proceedings of the said board, except in full compliance with this act, and with the by-laws of the said department. § o. It shall be the duty of each fire company entitled to representation in said board, to choose its representatives, and make a return of their names and places of residence to the secretary of the department, on or before the first Monday in January, annually. Whenever a vacancy occurs in said board, the same shall be filled by the pro- per company, pursuant to the by-laws of the said depart- ment. § 4. The first board of representatives shall be, and the same hereby is constituted as follows, viz : From engine company No. 1 — P. Dorman, James Mudge, James Boyd. From engine company No. 2 — J. H. Eeilly, Joseph McGraw, George Quinn. From engine company No. 3— Joseph Homan, Jeremiah Brown, Daniel C. Driver. From engine company No. 4 — Kalph Kerkman, Lewis Freude, Thomas Williamson. From engine company No. 5— Thomas Hayden, Thomas Holland, James Kelly. From engiue company No. 6— Benjamin W. Wilson, E. E. World, John Martin. From engine company No. 7— John Brown, William Mitchell, John Guischarcl. From engine company No. 8— Charles Harper, Abram Messerole, George N. Williams. From engine company No. 9— Eobert T. Hendricks, George G. Bennett, B. C. Martin. From engine company No. 10— William Mullen, John Bennett, Thomas C. White. 125 From engine company No. 11 — James J. Jones, Charles Coffin, A. N. Nauert. From engine company No. 12 — Rodney Thursby, Ben- jamin F. Downs, G. W. Williams. From engine company No. 13— Charles H. Foster, Wil- liam H. Mersheon, Henry Dixon. From hose company No. 1— J. F. Wiggans, Charles Hull, W. H. Laurence. From hose company No. 2 — M. Murray, John Stoll, G. H. Lindsay. From hose company No. 3 — John W. Smith, George H. Bennett, John H. Perry. From hose company No. -1— John G. Barker, Thomas W. Lewis, R. D. Woodland. From hook and ladder company No. 1 — William M. Scott, Edward Powell, Mark McAuley. From hook and ladder company No. 2 — Charles Miller, George Covert, and Richard Hamilton. From hook and ladder company No. 3 — W. Van Yol- kenburgh, W. P. Potter, Leonard Minuse. From bucket company No. 1 — J. C. R. Pooler, A. Wes- sels, James Meikle. From board of engineers — Andrew J. Hinman. §5. The officers of said department shall consist of aOfe,ii(nv president, a vice-president, a secretary, a treasurer, and a collector, all of whom shall be chosen annually by the re- presentatives, by ballot. Such election shall be held at the annual meeting, to be designated by the by-laws of said department, or as soon thereafter as may be. The presi- dent and vice-president shall be chosen from among the representatives, but the other officers may be chosen from the firemen at large. § 6. Benjamin W. Wilson shall be the first president ; First officer Jonathan F. Wiggans shall be the first vice-president; 126 Board ol trustees. Business and purposes. Robert T. Hendricks shall be the first secretary ; William Meeks shall be the first treasurer ; Owen Dennon shall be the first collector ; all of whom shall hold their respective offices until the first annual meeting of the said board of representatives, unless sooner removed as hereinafter pro- vided, and (excepting the president and vice-president) until their successors are duly chosen and qualified. § 7. There ahall be a board of trustees, consisting of one member from each legally organized company, to be nomi- nated by their respective companies, and subject to confir. mation by the said board of representatives, by ballot, at their first meeting after the passage of this act, or as soon thereafter as may be. The terms of office, and also all elections subsequent to the election therein provided for of the said trustees, shall be determined and established by the by-laws of the said department. Said board of trus- tees shall, and it is hereby made their duty, (subject, how- ever, to the control of the said board of representatives, and the provisions of this act,) to care for, manage and direct the investment and disbursement of the monej^s in or belonging to the firemen's benevolent fund, hereinafter provided for. They shall appoint a chairman from their own body, who shall have power to convene them when- ever he thinks proper, and it shall be his duty to do so as often as quarter-yearly. § 8. The business and purposes of the said department shall be, and it is hereby authorized and empowered to raise, accumulate, invest, superintend, apply, dispose of, and expend, a fund or funds for the relief of firemen, and the widows and the orphans of firemen. A fund, which shall be called the "firemen's benevolent fund," shall be established and maintained with, and the moneys arising from, fees for certificates, fines and forfeitures received, collected and recovered, for any violation of law or ordi- nance ; the interest of all moneys funded, donations, an- 127 nuities, endowments, and from such other sources as may from time to time be agreed upon, shall be devoted to and placed in said fund, and said fund shall be for the relief of indigent firemen, and the widows and the orphans of fire- men, who may be in indigent circumstances, needing such relief, and worthy of assistance, and for no other purpose ; and no moneys appropriated to and placed in the said fire- men's benevolent fund, shall be invested or loaned, except in or upon the securities or stocks of this state, or of the United States, or the stocks or bonds of the cities of New York or Brooklyn, or upon unincumbered real estate in this state, worth at least double the amount to be secured thereby. § 9. The money, funds, assets, and property, of all kinds, The fun(ls - which are of and belonging to the association known as " The Fire Department of Williamsburgh, in Kings County," shall, together with its liabilities, belong to, and be assumed by the corporation hereby created, and all money or funds of the said association, excepting the con- tingent fund thereof, shall be devoted to and placed in the firemen's benevolent fund of the said corporation. § 10. The treasurer, the secretary, and the collector, and *™ a * t0 be such other officers, trustees or agents of the said depart- ment, as may from time to time be required by the said board of representatives, shall each give a bond to said de- partment, with sureties, conditioned for the faithful per- formance of their respective duties, and for the accounting and paying over, whenever required so to do, all sums of money or property which may come into their hands by virtue of their respective offices. Said bonds shall be in such amounts, and further conditioned, as the said board of representatives may from time to time determine. § li. The said board of representatives shall have the Powers of right, and they are hereby invested with power : representatives. 128 To canvass the votes cast at all elections for all candi- dates for chief and assistant engineers, and return the re- sult to the common council of the city of Brooklyn for confirmation. To make, alter, amend and enforce by-laws, rules and regulations, for their own government ; provided, that such by-laws, rules and regulations, except in so far as they may relate to the funds of this department, do not conflict with the ordinances of the said city of Brooklyn. To levy and collect fines, assessments, and other moneys, and establish and enforce penalties over those whom they represent, and over their own members, and to define the duties of their officers and agents. To choose their own officers, appoint their times and places of meeting, determine without appeal the qualifica- tions of their own members, and generally to manage, direct and control all business pertaining to the said de- partment ; provided, however, that all such elections, levies, fines, assessments and penalties, shall, as far as may be, be regulated and established by the by-laws of the said department. The said board of representatives, and the said board of trustees, shall each keep a record of their proceedings. cates S to e firemen § ^ Qe sa ^ hoard of representatives shall, upon such conditions and under such regulations as they may adopt, have the sole right, and it is hereby made their duty, to issue certificates to the firemen of the said department. certificates, § 13. Each and every of the said certificates shall be sub- how drawn. . _ n . scribed b}^ the president, secretary, treasurer, and chief en- gineer of the said department, and have the seal of the said department attached, and be attested by the city clerk of the said city of Brooklyn, who shall attest the same with- out charge or fee, and each certificate so signed and attest- ed, shall be evidence in all courts and cases of the facts there- in contained and set forth. No certificate, setting forth any of the facts mentioned in either of said certificates, shall be is 129 sued, given or granted by the common council of said city of Brooklyn, to any one claiming or receiving the same as a fireman of or from the said department, unless in concur- rence with the said board of representatives. § 14. No fireman, nor widow nor orphan of any fire- Rights in the man, shall be deemed to have any claim or right to the aid u ( ' or benefit of the fund or funds of the said department, un- til such fireman shall have paid into the same such moneys, fees, dues or fines, as by the by-laws thereof may have been required of him, and otherwise fully complied with said by-laws. § lo. Said board of representatives shall, at their first Fire wardens of v 1 the eastern meeting after the passage of this act, nominate as fire war- district, how ° ,. . . appointed at dens of the eastern district of the city of Brooklyn, three first- exempt firemen, who shall have served at least five years as firemen within the bounds of said district. A majority of all the votes cast shall be requisite to make a nomina- tion. The names of the persons thus nominated shall be returned to the common council of said city for its approval. If the said common council neglects or fails to reject any of the said nominees within twenty days after receiving notice of such nomination, they shall be considered duty appointed. In case of any rejection, the said board of re- presentatives shall again nominate as before, and so con- tinue to nominate until said offices be filled. The persons nominated and appointed as aforesaid, shall be the fire wardens of the eastern district of the city of Brooklyn. They shall perform such duties, and receive such compen- sation, as the said common council shall from time to time prescribe. § 16. The president of the said department shall, within To be classified ten days after the first appointment of said fire wardens, notify them to meet for the purpose of classification ; and he shall then and there proceed by lot to divide them into three classes. They shall serve from the date of their ap- 130 Oue to be appointed annually. Firemen not incompetent in certain cases. Fines pointment as follows, to wit : those of the first class, until the second Thursday in January, eighteen hundred and fifty-eight ; those of the second class, until the second Thursday in January, eighteen hundred and fifty-nine ; and those of the third class, until the second Thursday in J anuary, eighteen hundred and sixty ; and each and re- spectively until their successors shall have been duly ap- pointed and qualified, unless sooner removed as hereinbe- fore provided. The president and the secretary of the said department shall certify to such classification, and file the same with the city clerk, which shall be evidence of such classification. § 17. After the first nomination and appointment of said fire wardens, there shall be annually nominated and ap- pointed, in like manner and under like conditions, qualifica- tions and restrictions, subject to the same duties and en- titled to the same compensation, one fire warden of the said eastern district, who shall hold his office for the term of three years, and until his successors are duly chosen and qualified, unless sooner removed for neglect of duty. § 18. No person shall be deemed incompetent as a judge, justice, witness or juror, by reason of his being a fireman of the said department, in any action or proceeding in which the said department is a party or interested. § 19. All fines imposed by the said board of represen- tatives, upon any representative, trustee, officer, engineer, warden or agent of the said department, pursuant to this act, and to the by-laws of said department, may be sued for and recovered at law. All suits for the recovery of any such fines, shall be brought by the treasurer, when ordered so to do by the representatives or trustees, and all such suits shall be in the name of the' said department. Convention for § 20. There shall be elected by a convention of firemen, ofcoSnSSionersto be composed of two delegates from each legally organ- 131 ized fire company, and one delegate from the board ^J^®£ aBtern engineers, in the eastern district of the city of Brooklyn, five commissioners, to be denominated the commissioners of the fire department of the eastern district of the city of Brooklyn. § 21. The conventions for the election of said commis- when held, sioners shall be held on the second Tuesday of May in each year, at such place and hours as the president of the said fire department shall designate, (at least ten days pre- vious to the time of meeting thereof,) and a majority of the votes cast shall be necessary to constitute a choice. The president and secretary of the said Brooklyn fire de- partment of the eastern district, shall act as president and secretary of such conventions, but shall not be entitled to vote unless they are regular delegates ; and the proceed- ings thereof shall be kept on file with the documents of the fire department of the eastern district. § 22. The first election for commissioners under this act Election of ° commissioner: shall take place on the second Tuesday in May next ; and within ten days thereafter, the persons so elected shall, in the presence of the president of the said eastern district Brooklyn fire department, draw for the term of their re- spective offices ; say, one for the term of five years, one for the term of four years, one for the term of three years, one for the term of two years, and one for the term of one year. And annually thereafter there shall be elected one commissioner, to hold his office for the term of five years, but each and every commissioner shall hold his office un- til his successor has been elected and has duly qualified. The said board of representatives shall nominate, and the common council shall appoint, a clerk to the commission- ers, at a salary of not less than four hundred dollars per annum ; said clerk must be an expert fireman of said dis- trict. § 23. In case of a vacancy in the office of either or all of ^ToS 11 the said commissioners, either by death, removal or resig- 132 nation, the president of the said eastern district Brooklyn fire department, shall call a convention within thirty days thereafter, to fill said vacancy or vacancies ; and the per- son or persons so elected, shall hold their office only for the unexpired term. Qualifications of. j 2 4 No person shall be eligible as such commissioner, unless he shall be at the time of such election an exempt fireman, and shall have ceased to be a member of the Brooklyn fire department of the eastern district. Removal of. § 95, In case of the refusal or neglect of either or all of the said commissioners to perform any of the duties imposed upon them by this act, the common council of the city of Brooklyn shall have the power to remove said commission- er or commissioners, upon the petition of the board of re- presentatives of the said Brooklyn fire department of the eastern district therefor. common council §26. The president and secretary of the said fire dc- to confirm or ° . reject them. partment shall certify to the common council the names of all the persons elected commissioners under this act, who shall confirm or reject the same within thirty days thereafter ; in case of rejection, the president of the said fire department shall immediately call for a convention to proceed with a new election. Kakfiuies. 8 § 27. The said commissioners may make such rules and regulations as may be necessary for the performance of their duties, not inconsistent with the laws of the state of New York or of the United States ; and it shall require a ma- jority to constitute a quorum for the transaction of business. The said commissioners shall keep a journal of their pro- ceedings. apVSonifo? § 28. l1; sna11 be tlie duty of the said commissioners to fire companies. inquire into all applications for the organization of fire companies, and the result of such inquiry, whether in fa- vor of or against said application, shall be certified by them, through the chief engineer of the eastern district, to 133 the common council for confirmation ; and no fire compa- nies shall be organized unless approved by said commis- sioners, save as provided for hereafter in section thirty- one. § 29. It shall be the duty of the said chief engineer of the ^£S$SSSt said fire department, to present to said commissioners the firemen t0 them - names of all persons applying to be appointed firemen, and of all persons expelled or resigned from the fire depart- ment, (eastern district,) and on the same being duly in- vestigated and determined by them, they shall certify the result of their action to the chief engineer, who shall there- upon return the same to the common council for their ap- proval. § 30. The said commissioners shall have cognizance of ^hav^cS^ all complaints against firemen and fire companies, for riot- p^^? against ous or disorderly conduct at fires or alarms of fire, or for nrcmen ' violation of any of the state or city laws respecting the firemen of the city of Brooklyn. They shall diligently inquire into the same, and if the parties charged shall be proved guilty, the said commissioners are hereby empow- ered to suspend or remove such firemen, or disband such companies, subject to the approval of the common council. § 31. Should anv disagreement arise between the com- w j? en * hei . r J jo action final mon council and the said commissioners, in regard to any thereon, decision of the latter under the twenty-eighth, twenty-ninth and thirtieth sections of this act, the same shall be referred back to the commissioners for reconsideration within thir- ty days after the same shall have been first presented to the said common council, and should the commissioners refuse to recede therefrom, or reconsider the same, then their action shall be final, unless the common council, by a vote of two-thirds of all the members elected, shall over- rule such decision. § 32. The chairman of said commissioners, or either of Their chairman , , . . _ . to administer them, may administer oaths and affirmations to witnesses oaths. 134 appearing before them, and may require sucli witnesses to testify in respect to any matters pending before the com- missioners; and should any witness or witnesses, after being duly notified, refuse to attend, the commissioners may apply to one of the justices of the peace for the city of Brooklyn, and upon proper proof being made of the service of notice, the said justice shall issue an attachment compelling the attendance of such witness or witnesses. befoJetbem" 5 § ^3. Wilful false swearing before said commissioners perjury. shall d eem ed perjury, and punishable as such. ?oTonnnttc ers § 31. The said commissioners shall also nominate, and beii-nnpers. ^ ma y 0r confirm, all bell ringers for each station in the eastern district, who shall hold their office for the term of two years, subject to removal by said commissioners for neglect of duty only ; they shall receive such salary as the common council may from time to time prescribe, which salary shall be paid by the said common council ; and no one shall be eligible for the appointment of bell ringer, unless he be an exempt fireman, who has served his time in the fire department within the bounds of the eastern district. badgefS? a § 35. The said commissioners shall design a badge, to firemen. ^ Q C011 fi rm ed by the common council, and a sufficient num- ber furnished by the said common council, which shall be conspicuously worn by every fireman when on duty as such, and such exempt firemen as the said commissioners shall give permission to in writing, unless such fireman or exempt fireman shall be otherwise equipped as provided for by city ordinance ; and the said common council shall pass such ordinance as may be requisite, to prevent the approach of persons, other than such firemen or exempt firemen, and policemen, to the vicinity of the fire. chief engineer to § 36. Nothing in the foregoing section shall be so con- controi at Ares, strued as to deprive the chief engineer of the eastern district of the sole and absolute control of all firemen in case of 135 fire, or from calling to his aid citizens if he may deem it necessary to assist in extinguishing fires. § 37. Any person who shall falsely represent any of the ^^^j" 8 members of the fire department of the said city of Brook- misdemeanoi lyn, eastern district, or who shall maliciously, with intent to deceive, use or imitate any of the signs, fire caps ? badges, signals or devices, adopted or used by the fire de- partment, shall be deemed guilty of a misdemeanor, and shall be subject to a fine of not less than twenty -five dol- lars, or more than two hundred and fifty dollars, and imprisonment for a term not less than ten days, nor more than three months. § 38. All laws and parts of laws heretofore adopted for Repealing ciaus* the government of the fire department of the late city or village of "Williamsburgli, inconsistent with this act, are hereby repealed. § 39. This act shall take effect immediately. FIRE LIMITS. AN ACT Western district TO ESTABLISH FIRE LIMITS, AND FOR THE MORE EFFECTUAL PREVENTION OF FIRES IN THE CITY OF BROOKLYN. PASSED APRIL 12, 1855. district. Ihe People of the State of New York, represented in Senate and Assembly, do enact as follows : thewSbSa 01 Section 1. The fire limits of the city of Brooklyn shall comprise all that portion of said city, beginning at the East river at the northwest corner of the United States Navy Yard, and running thence southwesterly, southeast- erly and southerly along said navy yard to the centre of Nassau street ; thence westerly along the centre of Nassau street to the centre of Navy street ; thence southerly along the centre of Navy street to the centre of Johnson street ; thence westerly along the centre of Johnson street to the centre of Bridge street ; thence southerly along the centre of Bridge street to the centre of Fulton avenue ; thence southeasterly along the centre of Fulton avenue to the centre of Hoyt street ; thence southerly along the cen- tre of Hoyt street to a point distant one hundred feel southerly of the southerly line of Fulton avenue ; thence northwesterly and parallel with Fulton avenue to a point one hundred feet east of the easterly side of Smith street ; thence southerly and parallel with Smith street to a point one hundred feet south of the southerly side of Fourth place ; thence westerly and parallel with Fourth place to a point one hundred feet east of the easterly side of Court street ; thence southerly and parallel with Court street to a point one hundred feet south of the southerly side of Hamilton avenue ; thence northerly and parallel with Hamilton avenue to the East river ; thence along the East 137 river to the place of beginning. The common council may extend the same from time to time, but notice of the in- tention to make any application to the common council for any such extension, shall be published in the corporation papers for at least thirty days before acting on the same. Within the said district, no store, storehouse, dwelling or other building whatsoever, shall be erected or built of any other material than brick, stone or iron. § 2. Every such dwelling house, store, storehouse or Partition walls J • . now supported. other building, more than thirty feet in width, shall be built in such manner that all the floors and roof thereof, throughout their whole extent, shall be supported by and rest upon one or more partition wall or walls of brick or stone, not less than eight inches thick, or upon girders sustained by proper and sufficient posts, pillars or columns of iron, brick or stone, and so that through the whole ex- tent of such floor and roof, and each of them, the said walls shall not be distant from each other, or from such intermediate support or supports of brick, stone or iron, more than thirty feet ; but such intermediate support or supports in all the stories above the first, may be wooden posts or pillars, of such quality and dimensions as shall be approved by the board of fire wardens of the western dis- trict of said city; and all such partition walls which shall exceed thirty -five feet in height from the level of the sidewalk to the peak or highest part thereof, shall not be less than twelve inches thick ; but in case said floors or any of them, throughout the whole extent, be supported upon iron beams or girders, of proper size and strength, resting upon the outer walls of such store, storehouse or other building, and distant from each other not more than fifteen feet, then such store, storehouse or other building may be so erected, as that, in the story or stories beneath each floor so supported, the lateral walls thereof may be distant from each other, or from a partition wall or walls, 10 138 or intermediate supports as aforesaid, a distance of not more than forty feet. Thickne^ of § 3 jyj wal j Sj w h e ther party or otherwise, of all brick or stone buildings, hereafter erected or built in the western district of the city of Brooklyn, shall not be less than twelve inches thick from the foundation or starting place to the peak or highest point thereof ; but any building not exceeding twenty -two feet in width nor forty -five feet in depth, may be built above the foundation or cellar walls with eight inch side or end walls, which walls shall not be over thirty -five feet in height from the level of the side- walk to the peak or highest point thereof ; but such build- ing shall not be used as a storehouse or manufactory of any kind or description whatsoever ; nor for the purpose of storing any kind of heavy goods ; and the side or end wall of any such building may be built thirty-eight feet high from the level of the sidewalk to the peak or highest point thereof, if the walls of the first story above the level of the sidewalk shall be built of a thickness of at least twelve inches from the commencement of the foundation to the extreme height of the story above the level of the side walk ; but such building shall not be used for the purpose of a manufactory of any description whatsoever, or for a storehouse, or for the purpose of storing any kind of heavy goods. chimneys. g 4. AH discharging or arch pieces used in the chimneys of any dwelling, store, storehouse, or other building, here- after erected or built in the city of Brooklyn, shall recede from any flue in any such chimney at least five inches, and no such chimney shall be started and built upon the floor or beams of such dwelling, storehouse, or other building, but shall be started at the foundation, and all such chim- neys and flues shall be plastered in the inner surface thereof. All hearths shall be supported by arches of brick or stone, and no chimney in any building now erected, or hereafter to 139 be erected within the city of Brooklyn, shall be cut off to be supported in any manner whatever, provided that such chim- ney must be supported by an additional wall of four inches built on the inner side of said wall ; but the chimneys of any building erected with eight inch walls, may be started above the foundation of such building, provided the same are started from and wholly rest upon a base formed by racking out such eight inch walls with brick or stone, to an additional width of four inches. § 5. All wooden or timber gutters or cornices of any Gutters, dwelling, store, storehouse, or other building, hereafter built or erected within the Western District of said city, shall be firmly secured by irons which shall not be more than seven and a half feet apart from each other, and on all such gutters not exceeding twelve inches in width, the said irons shall be at least two inches in width, and one- half of an inch thick, and on all such gutters exceeding twelve inches in width, the said irons shall be at least two and one-half inches in width, and five-eighths of an inch thick, and the said irons, except those at the end of the cornice or gutter, shall be fastened or secured to the floor or roof beam, and the end iron shall be fastened in the side or end walls ; provided, however, it may be lawful to erect bracketed gutters built in the wall and well secured to wall strips, built in the walls at least every two feet. § 6. All plate irons shall be built into the side, end or Plate irons, party walls, and the iron anchors used to secure the plate pieces, shall be at least two inches wide and one-half of an inch thick ; the anchors at the end of every plate piece shall be worked or built into the side, end or party walls of the building, and the said anchors shall turn down at least four inches. No stone or iron cornice or cornices shall project more than the thickness of the wall on which it rests, and the stones shall run through said wall, or in any case the greatest weight of stone or iron, or other ma- 140 u rial, shall be on the inside of said line of said wall or walls ; all the mortar shall be made with clear sand, and made with lime or cement in proper proportions ; and in no case shall any loam or earthy matter be put in any mor- tar to be used in the erection of the brick or stone walls of any building or buildings. § 7. All scuttle frames and scuttle doors, on every brick or stone dwelling, store, storehouse, or other building, hereafter to be erected or built within the fire limits afore- said, shall be made of, or covered with copper, zinc, tin or iron, and every window and entrance above the first story, in the rear of every storehouse, over thirty feet in 'height to the peak or highest part thereof, from the level of the sidewalk, shall have shutters and doors thereon, made of copper or iron, or covered with copper, tin, or other fire- proof material, to be approved of by the board of fire war- dens of the western district of the city of Brooklyn. Every store, storehouse or other building, hereafter erected or built as aforesaid, shall have a scuttle or place of egress in the roof thereof. Sheathing of § 8. The planking or sheathing of the roof of every brick or stone dwelling, store, storehouse, or other build- ing so erected or built as aforesaid, shall in no case be ex- tended across the party, side, or end walls thereof; and every such dwelling, store, storehouse, or other building, and the top and sides of dormer windows thereon, shall be roofed and covered with slate, iron, copper, tin, zinc, or other fire proof materials, to be approved of by the board of fire wardens of the western district of the city of Brook- lyn, and shall be equally capable of withstanding the in- fluence of fire. Beams of party g 9 All beams and other timbers in the party or other walls of every dwelling, store, storehouse, or other build- ing hereafter built or erected of brick or stone in said city, 141 shall be separated from the beams or timbers entering into the opposite side of such wall by the distance of at least four inches between the nearest points of such beams or timbers, except that in eight inch walls the butts or ends of the beams shall be cut on a splay of two and one -half inches in their width. All plate pieces in the front or rear walls thereof shall recede from the outside of such walls at least four inches ; and all end, side or party walls of such buildings shall be built up and extend at least six inches above the planking or roofing, and shall be covered with a coping of stone or iron. § 10. No timber shall be used in the front or rear walls J of any dwelling, store or storehouse, or other building hereafter built or erected within the western district of said city, where stone, brick or iron is commonly used ; each lintel on the inside of the front or rear wall, or side walls, shall have a secure brick arch over it, and no bond timber in any wall thereof, shall in width and thickness exceed the width and thickness of a course of brick ; and no bond timber shall be more than six feet in length, and such bond timbers shall be laid at least eighteen inches apart from each other, longitudinally, on either side of any wall, and the continuous line thereof shall be broken every six feet, by inserting a brick of eight inches ; and no front, rear or other wall of any such dwelling, store, storehouse or other building, now erected or hereafter to be erected as afore- said, within the fire limits, as extended as aforesaid, or as they may hereafter be extended, or any brick or stone building or buildings, in the western district of the city of Brooklyn, shall be cut off or altered below to be supported in any manner, in whole or in part by wood, but shall be wholly supported by brick, stone or iron ; and no wood or timber shall be used between such wall and such supporters ; but it shall be lawful to insert a lintel of wood over the doors and windows of the first story of stores, 142 provided that oak or Georgia pine is used, and supported with brick, stone or iron, and of such size as may be dc termined by the board of fire wardens of the western dis- trict. Gutters. § 11. All wooden gutters of every brick or stone dwel- ling, store, storehouse or other building hereafter to be erected or built, within the city of Brooklyn, shall be lined or covered on the upper surface thereof, with copper, zinc, tin or iron, or other fire proof material, to be approved of by the board of fire-wardens of the western district of the city of Brooklyn. Roofing. § 12. If any brick front, frame dwelling-house or wood- en building, already erected within the fire district described in section first of this act, shall require new roof- ing, it shall and may be lawful for the owner or owners, or proprietors thereof, to put on a new roof, boards or shingles ; and it shall be lawful for the proprietor or pro- prietors, or owner or owners thereof, to substitute a flat in place of a peaked roof, provided, that such new roofing- shall be made of copper, slate, tin, iron, zinc, or other fire proof material, to be approved by the fire wardens of the western district of the city of Brooklyn, and be equally capable of withstanding the influence of fire, and also, pro- vided, that such building when new roofed shall not ex- ceed thirty -five feet in height, from the level of the side- walk to the peak or highest part thereof. pteepies and § 13. All steeples, cupolas and spires of churches, or other public buildings, may be covered with boards or shingles, and churches and said other public buildings, shall be excepted from the operation of such provisions of this act, as relate to iron and copper shutters. Public buildings. §14. Public buildings mentioned in the preceding see - tion, are hereby defined to be such buildings as shall b e owned and occupied for public purposes by this state, the United States, the county of Kings, the corporation of the city of Brooklyn, or public schools within said city. 143 § 15. All privies not exceeding ten feet square aad privie s fifteen feet in height, and all ferry houses which shall be erected with the express permission of the said corporation, may be built and covered with wood, boards, and shingles. § 16. All ash holes or ash houses within the said district Ash-house of the city of Brooklyn, shall be built of brick or stone, without the use of wood in any part thereof. § 17. N o wooden or frame shed shall be hereafter erect- wooden si ed within the fire limits as described in section one of this act, or as the same may hereafter be extended, except within the district bounded by the East river, and by a line commencing at the East river, in the centre of Little Street, and running thence southerly along the centre of Little street to the centre of John street ; thence westerly along the centre of John street to the centre of Bridge street ; thence southerly along the centre of Bridge street to the centre of Plymouth street ; thence westerly along the centre of Plymouth street to the centre of Adams street ; thence southerly along the centre of Adams street to the centre of Water street ; thence westerly along the centre of Water street to Fulton street ; and across Fulton street in a direct line to the centre of Furman street ; thence southerly along the centre of Furman street to the centre of Atlantic street ; thence easterly along the centre of Atlan- tic street to the centre of Columbia street ; thence souther- ly along the centre of Columbia street to the centre of Harrison street ; thence westerly along the centre of Har- rison street to the centre of Tan Brunt street; thence southerly along the centre of Van Brunt street to the cen- tre of Hamilton avenue ; and thence along the centre of Hamilton avenue to the East river. Every such frame or wooden shed erected within said district, shall be left en- tirely and constantly open upon one whole side thereof, and shall not exceed in height twenty feet from the ground to the peak or highest point thereof. 144 limit.' ££? n e fi?e i,d " § ia Xo wooden or frame building whatever, whether the same may have a brick front or otherwise, within the district described in section one of this act, shall be raised, enlarged or built upon ; nor shall any such building or buildings be removed from any lot out of the fire district, to any lot within said district, or as it may hereafter be ex- tended ; provided, however, that brick front frame dwel- ling houses and wooden buildings only, may be raised un- der the circumstances, in the manner especially provided for in section twelve of this act. Rebuilding of wooden buildings. Damages, estimated. § 19. Every wooden or frame building with a brick front or otherwise, within the district described in section one of this law, or as the same may hereafter be extended, that shall be damaged by fire to an amount not greater than two-thirds of the value of said building, before such fire, may be repaired or rebuilt pursuant to section twelve of this act ; but if such damage amounts to more than two- thirds of such value, then such building shall not be re- paired or rebuilt, but shall be taken down or removed. § 20. The amount or extent of such damages by fire, in case of a disagreement in relation thereto between the board of fire wardens and the owners of such damaged building, shall be determined by two disinterest- ed persons residing in the city of Brooklyn, one of whom shall be appointed by the owners or owner of such build- ing, or his or their lawful agent, and by the board of fire wardens ; and in case such two persons disagree, they are to select a third disinterested person, and the decision in writing of any two of them, shall be final and conclusive in the premises, and such building shall not be repaired or rebuilt after the appointment of such persons as afore- said, nor until after their decision shall be made in writing as aforesaid, finding that such damages do not exceed two-thirds of the value of such building as it existed be- 145 fore such fire. In case it is rebuilt, it shall have a fire proof roof, and not exceed thirty -five feet in height from the level of the sidewalk to the peak or highest point thereof. § 21. ]S T o brick or stone dwelling house, store, storehouse ^^g^- or other building now erected, or hereafter to be erected within the western district of the city of Brooklyn, shall be altered, raised, roofed, enlarged or built upon in any such manner that such dwelling, store, storehouse, or other building, were it wholly built or constructed after the pas- sage of this act, would be in violation of any of the pro- visions of this act. § 22. The owner or owners of any dwelling-house, store, Penalties - storehouse, or other building, or of any ash house, ash hole, or wooden shed, whether he or they be the own- er or owners of the land in fee, or be lessee or lessees thereof, or has or have qualified or contingent interest therein, by virtue of some agreement or contract in writ- ing, or in any other manner, who shall violate any of the provisions of this act, and every master-builder, carpenter, mason, or roofer, who may be employed or assist thereon, shall, for every violation, respectively forfeit and pay the sum of five hundred dollars, and pay, in addition thereto, the sum of fifty dollars, for every twenty-four hours such violations shall remain after the time designated in the notice given in writing to remove the same shall have ex- pired. Such notice may be given by any one of the fire war- dens ; and such notice may be given by serving the same personally, or on the agent of such owner or owners, mas- ter-builder or builders, or master-mason, carpenter or roofer, or by posting the same in some conspicuous place where any violation exists ; and such additional penalty shall be computed and recovered up to the time of the trial of every suit for the recovery thereof ; and in case 146 such violation shall continue after the trial of such suit, such continuing additional penalty, computing from the time of such trial, may be recovered in any suit or suits to be brought for that purpose. hiS&Ms. § 23. The occupant or occupants of any store, store" house, manufactory or other building, in which hatchways or hoistways, or openings of any kind, except the usual stairway, are used throughout any or either floor thereof, or in case the said store, storehouse or manufactories, are unoccupied, and not leased, the owner or owners thereof, and in case they are leased, the lessee or lessees thereof, shall cause the said hatch or hoistways, or other openings, unless said other openings are surrounded by a substantial and permanent railing, at least three feet in height, to be securely shut, closed, and fastened, at the close of each and every day. For any neglect of or violation of any of the provisions of this section, the said occupant or occupants, owner or owners, lessee or lessees thereof, shall forfeit and pay the sum of fifty dollars for each and every hatch or hoistway so left open, in each and every floor or loft in any building under their control. Ponder. §24. All gunpowder which shall be found in any store, storehouse, manufactory or other building whatever in the city of Brooklyn, or which may be found in any cart, wagon or other vehicle, or on board any ship, brig, or other vessel, which shall make fast to or anchor within two hundred feet of any pier, wharf or bulkhead in the said city of Brooklyn, in violation of any of the provisions of this law, shall be immediately seized by the fire-wardens or one of them, and removed to some secure place ; and it is hercb}^ made the duty of the chief of police, and every captain and assistant captain of police, and of any policeman or constable to assist in said seizure when called upon. Navy yard. § 25. Nothing in this act contained shall in any way apply to any gunpowder which may be stored in the United 147 States Navy Yard, or which may be on board of any vessel within the jurisdiction of the United States Navy Yard. § 26. It shall not be lawful for any person to have kegs Jjjjgjy of of gunpowder, or cause to be kept in any store, storehouse, manufactory or other building within the city of Brook- lyn, any quantity of gunpowder exceeding twenty -five pounds in weight, under the penalty of the forfeiture of the gunpowder, and an additional penaltyof fifty dollars ; and all gunpowder which may be kept in any building with- in said city, shall be kept in tin canisters, and said canis- ters shall at all times be kept securely closed. § 27. No person shall carry or cause to be carried any powderfnthe gunpowder, through any street, lane, or alley in the city streets - of Brooklyn, in any cart, wagon or other mode of convey- ance, unless the same be secured in tight casks, kegs or cases, well headed and hooped, and said casks, kegs or cases shall be put into and entirely covered with a bag or case sufficient to prevent any of said gunpowder from being spilled or scattered, under penalty of forfeiture of the gunpowder, and a fine of fifty dollars for every violation of the provisions of this act. § 28. It shall not be lawful for any ship, barque, brig, Powdei ' in shi i >s - lighter or other vessel, containing any quantity of gun- powder over and above twenty-five pounds, to make fast to or anchor within two hundred feet of any pier, wharf or bulkhead, within the city of Brooklyn, under the penalty of the forfeiture of all gunpowder on board, and an ad- ditional penalty of fifty dollars ; provided, further, that in case of an explosion caused by a larger quantity of gun- powder than allowed by law, to be kept in any building or vessel whatever, contrary to the above section of this act, the occupant or occupants of any such building hav- ing the same in their possession, and the owner or owners of any vessel as aforesaid, shall forfeit and pay the addi- tional sum of one thousand dollars. us inediixr* 1 b rp^ boar( j f education shall make returns annu- ally, to the common council, of its receijDts and expendi- tures, specifying those on account of the general and special funds respectively, with such other details as the common council may from time to time require. Moneys not to § 19. ]STo school in said city shall be entitled to any por- be applied to ° J m . sectarian schools, tion of the school moneys, in which the religious sectarian doctrine or tenets of any particular christian or other re- ligious sect shall be taught or inculcated, or which shall refuse or prohibit visits or examinations by the city super- intendent or members of the board of education of said city ; provided that this section shall not be deemed to prohibit the use of the holy scriptures without note or comment. § 20. (Repealed by city charter, title XI, section 13.) COURTS OF THE CITY. AN ACT TO ESTABLISH COUETS OF CIVIL AND CEIMINAL JURIS- DICTION IN THE CITY OF BROOKLYN. PASSED MAECH 24 1849. The People of the State of New York, represented in Senate and Assembly, do enact as follows : Section 1. There shall be elected in the city of Brook- ^tld? 86 t0 be Tyn, at the next charter election to be held in said city, and every six years thereafter, a city judge, who shall hold his office for six years, from the first day of May next after his election, and shall be subject to removal in the same manner as the county judge.* § 2. The said judge, alone, or, in case of his absence, T o ° u ^ t old cit >' inability to attend, or vacancy in such office, the mayor, and any two aldermen of said city, shall hold a court of civil jurisdiction, to be called "The City Court of Brook- lyn," which shall be a court of record, and its jurisdiction shall extend to the following actions : 1. To the actions enumerated in section one hundred and Jurisdiction, three of the Code of Procedure, when the cause of action shall have arisen, or the subject of the action shall be situ- ate, within the said city. 2. To all other actions where all the defendants shall * See Laws of 1852, Chap. 314, which follow this act. 182 Term? Powers of court, Effect of dock- eted judgment. Appeals to su- preme court. reside or be personally served with summons, within said city. 3. To actions against corporations created under the laws of this state, and transacting their general business within said city, or established by law therein. § 3. The said court shall be held once in each month, and shall commence on the first Monday thereof, and may be continued for four weeks. § 4. The said courts hall possess the powers and authori- ty in relation to actions in said court, and the process and proceedings therein, as are possessed by the supreme court in relation to actions pending in the said supreme court. And all laws regulating the practice of the supreme court and the course of procedure therein, shall, as far as practicable, apply to and be binding upon the said city court, and the said city court shall have power to review all of its decisions and to grant new trials. § 5. Every judgment of said city court may be docket- ed, and shall be a lien in the like manner and to the same extent, as judgments recovered in the supreme court. And the said city court shall have the same power over the dockets of its judgments in the office of any county clerk, and over such county clerk in respect to the same, as, for the time being, may be possessed by the supreme court in respect to the dockets of judgments in the supreme court. And the said city court shall possess the like powers, in relation to process which may be issued out of said court, as is now possessed by the supreme court in re- lation to process issued out of the said supreme court. [§ 6. An appeal may be taken from any judgment or final determination of said city court, and from any inter- mediate order, involving the merits and necessarily affect- ing the judgment, to the supreme court, at a general term 183 thereof ; and all provisions of law relative to appeals from courts of inferior j urisdiction to the supreme court shall apply to appeals from said city court. [§ 7. There shall be a clerk of said court to be appoint- cierk of court, ed by said court, who shall have power to take acknow- ledgment of satisfaction of judgments in said court, to be recorded in any county in which such judgments may be docketed. He shall receive the same fees for his services His fees, in civil cases, as is provided for similar services by the county clerk, and shall pay such fees to the county treas- urer of the county of Kings. [§ 8. The clerk shall, at the expense of the county, Books, provide such necessary books as may be required for the discharge of his duties as such clerk. He may appoint a Deputy, deputy, who shall, in the absence of the clerk from his office or from the court, possess all his powers and perform all his duties. [§ 9. The said city court shall devise its own seal, atseai. the expense of said county of Kings ; and a description thereof, attested by the said clerk, shall be deposited with the secretary of state. [§ 10. The said city court, and the office of the clerk clerk's office LO J 1 and court. thereof, shall be held at the City Hall of the city of Brook- lyn ; and the supervisors of the county of Kings shall, at the expense of said county, furnish and provide all apart- ments and accommodations necessary for the said court. And the mayor and aldermen of the city of Brooklyn, while sitting as members of said city court, shall each be entitled to receive for their services in that capacity, the sum of three dollars per day, to be paid by the county treasurer of the county of Kings, on the certificate of the clerk of said city court.]* * As amended. LaVs of 1S50, Chap. 102. 184 Court of crimi- nal jurisdiction. Indictments. § 11. The said city judge, with the mayor and an al- derman, or with any two aldermen of said city, or in case of the absence of said city judge, his inability to attend, or va- cancy in said office, the mayor and any two aldermen of said city may and shall hold a court of criminal jurisdic- tion, which shall also be called " The City Court of Brook- lyn," which shall have criminal jurisdiction to the same extent and in the same manner and with the same powers as the courts of sessions of the several counties of this state in the indictment and trial of all offences committed in the said city. Whenever any bill of indictment for any offence shall have been transmitted to the'said court, pur- suant to the provisions of the next section, the proceedings thereon shall be in all respects the same as on indictments in a court of sessions. § 12. When an indictment shall be found in the court of oyer and terminer, or in the court of sessions of the county of Kings, for any offence specified in the last pre- ceding section, triable by a court of sessions, either of the said courts in which said indictments shall be, may order the same to be transmitted to the said city court, and shall bind by recognizance, in the manner now prescribed by law, the witnesses and the party or parties to said indict- ment to appear in said city court, at the next term thereof, and when any recognizance thus taken shall have become forfeited, the same may be prosecuted in the said city court. And the said city court shall have power in their discretion to remand such indictment, and to remit any indictment found in the said city court to the said court of oyer and terminer; or sessions of the peace. [§ 13. The said court shall be held once in each month, and shall commence on the first Monday thereof, and may be continued for four weeks. The terms of the said court held in the months of May, July, September, November, 185 January and March in each and every year, shall be de- voted exclusively to the transaction of civil business and trials in civil cases ; and the terms held in the months of June, August, October, December, February and April, shall be exclusively devoted to the transaction of criminal business and trials in criminal cases. [§ 14. The sheriff of the county of Kings, his under sheriff, or one of his deputies, and so many constables or marshals of said city as shall be directed by the said city judge and summoned by the said sheriff, shall attend the sittings of the said court, and shall receive the same com- pensation therefor as is allowed by law to constables for attending other courts of record, and shall be paid by the county treasurer in the same manner.]- § 15. The mayor, with the assessors of the several wards List of jurors to in the said city, shall immediately after this act takes effect, and in the month of May in each year thereafter, make out, return to, and file with the clerk of the said city court, a list of the residents of the said city, qualified to serve as grand jurors ; and also make out, return, and file as aforesaid, a list of the names of such persons, residents in said city, not exempt from jury service, as should, in their opinion, be returned, as qualified for petit jurors in said court ; which .said first mentioned list shall be called the grand jury list, and the last mentioned list shall be the petit jury list, from which the jury for said court shall be drawn. § 16. From the list of grand iurors so returned and filed, cierk to write J . . names on sepa- the clerk of the said city court shall write on separate rate papers, pieces of paper the names of the persons contained in said list, and deposit the same in a box to be provided for that purpose ; and not less than six, nor more than ten days before the holding of any term of the said city court, the said clerk, in the presence of the city judge, or one of the * As amended. Laws of i860, Chap. 102. 13 186 Drawing of jurors, how conducted. New panel, when to bo ordered. aldermen of said city, shall draw out the names of twenty- four persons, to serve as grand jurors at such court, with- out any previous notice for that purpose; and in like man- ner, the said clerk, from the list of petit jurors, shall draw the names of thirty-six persons, to serve as j)etit jurors at such court ; provided always, that it shall and may be law- ful for the said city judge, at any time, before either the grand or petit jury shall be drawn, to dispense with the drawing and summoning of either grand or petit jury, or both, for any term of said court, by an order by him to be made and entered in the minutes of the said court for that purpose. § 17. The said drawing shall be conducted and the ju- rors shall be summoned at least four days before the term of the court at which they shall be required to attend, in the manner prescribed by law for other courts of record ; and the clerk of the said court shall make the same dispo- sition of the ballots containing the names of the jurors who shall have served, and of those who did not appear, and of those who were discharged, as is provided by law in respect to other courts of record ; and the said city court shall have the like power as other courts of record, to im- pose a fine on any juror for neglecting to attend said court. § 18. The said city court may, during the continuance of any term of said court, when it may be deemed neces- sary, order a new panel of thirty-six jurors, to be drawn to attend such court. Upon such order being entered in the minutes of the court, the said jurors shall be drawn and summoned at least two days before the time at which they shall be required to attend, in the manner herein di- rected, respecting the first jury drawn. Upon the attend- ance of such new jurors, the former jurors shall be dis- charged, and all trials and proceedings had in such courts, shall be had before such new jurors, in the same manner 187 as the same might have been had before such former jurors. [§ 19. The petit jurors who shall attend the said city p etit jurors court, shall be entitled to receive, in civil cases, twelve and a half cents each, for each cause in which they shall be sworn as jurors ; and the grand and petit jury shall be paid in addition by the county treasurer, the same com- pensation as is allowed for similar services in the other courts of record in said county of Kings.]* § 20. The district attorney of the county of Kings shall ^ n ^ distric prosecute all indictments which may be found by the grand jury empanneled by the said city court, and all in- dictments which shall be transmitted to the said city court, in the same manner as if such indictment had been tried in a court of sessions of the county, and shall have the same power in all respects. § 21. In case of the absence, inability to attend, or va- Jj^Jg^ cancy in the office of said district attorney, the said city sence > &c - court may designate some suitable person to discharge the duties of the said district attorney, in said city court for the time being, who shall receive such compensation therefor, as the board of supervisors of the county of Kings shall fix for that purpose, and which shall be allowed and paid by the said board of supervisors, as other county charges are allowed and paid. § 22. The fees to be allowed and paid to the attorneys Fees and costs - and counsellors of the said court, and the costs to be re- covered in civil suits and proceedings therein, shall be the same costs and fees as are allowed and recovered for simi- lar services in the supreme court. §23. The said city judge may constitute a member of Powers of city * As amended. Laws of 1850, Chap. 102. 188 any court of oyer and terminer to be held in and for the county of Kings, and for that purpose shall possess all the powers and authority of a judge of the county court. Judge's salary. [§ 24. The said city judge shall be paid by the county treasurer, in quarterly payments, an annual salary of two thousand five hundred dollars. clerk's alary. [§ 25. The clerk of said city court shall be paid by the county treasurer, in quarterly payments, an annual salary, to be fixed and determined by the supervisors of the coun- ty of Kings ; the whole expenses of said court shall be a county charge, and shall be paid by the supervisors in the same manner as other county charges are now allowed and paid.]* rowers of judge § 26. The said city iudge shall have all such powers at chambers. * i i i • • t and authority at chambers, touching any suit or proceeding in said city court, as the respective justices of the supreme court from time to time shall be authorized to exercise, touching like suits or proceedings in the supreme court. He may also exercise within the county of Kings, all the powers of a justice of the supreme court at chambers, and perform all such duties, and do all such acts, as might have been done or performed by the laws in force on the twelfth of May, one thousand eight hundred and forty- seven, by the judges of the court of common pleas, or by any one or more of them at chambers, or otherwise, when not holding court, or by any such judge being of the de- gree of counsellor of the supreme court, and acting as a supreme court commissioner. police justice, § 27. There shall be elected in the city of Brooklyn, at how elected. ^ Q ne ^ charter election to be held in said city, and every four years thereafter, a justice of the peace, who shall be * As amended. Laws of 1850, Chap. 102. 189 denominated "the police justice," and shall hold his office for four years, from the first clay of May next after his election. [§ 28. The said police justice shall not have nor exercise Police justice, any civil jurisdiction, except in suits, actions or proceed- ings, which may be brought on any of the ordinances, by- laws, or regulations of the city of Brooklyn, or of the board of health of said city, where the penalty shall not exceed the sum of two hundred and fifty dollars ; in all of which cases, the said police justice and each of the justices elected under the said act, shall have, possess, and exer- cise jurisdiction. K29. Warrants and other process may be issued in Jurisdiction in . r J > criminal cases. criminal cases, by the justices of the peace and the police justice who were or who may hereafter be elected or ap- pointed under and by virtue of said act, and they shall have jurisdiction in criminal cases over all persons arrest- ed or charged with any offence within said county of Kings ; and in such cases shall each possess all the juris- diction, powers and authority of justices of the peace of the county of Kings, and shall have power to hear all complaints and conduct all examinations in criminal cases. [§ 30. Whenever any person shall be arrested, examin- Fees ed, or committed on any criminal charge, and brought be- fore either of said justices or the police justice, and the case be of such nature that the said justices or the police justice has jurisdiction thereof under this amended act, or any other law of this state, he shall charge and receive the same fees for such services, as are allowed by statute to justices of the peace in towns; not for his own use, but for the use of the city of Brooklyn. [§31. It shall be the duty of the police justice and each 0fficc - of the justices elected under said act, to keep an office in 190 such place in said city, as the common council of said city shall from time to time designate and provide for that pur pose. He shall attend to all complaints of a criminal na- ture which may be brought before him, at all reasonable hours. Fee& [§ 32. Neither the said police justice nor any of the jus- tices elected under the said act, shall be entitled to charge or receive for his own use, any fee or reward whatever, for any service in any case, suit or proceeding, whether civil or criminal, (except such fees as they or either of them may be entitled to under proceedings instituted before them or either of them in cases arising in said city, under article two, title ten, chapter eight of part third of the Revised Statutes-,) but they and each of them shall pay over to the officer designated by the common council, once in each month, all such fees and charges (except as aforesaid,) and all fines, fees, and penalties, and money collected or re- ceived by them or either of them, under and by virtue of their office ; and shall render to the said common council, a monthly account, under oath, of all fees, fines, penalties, and money collected or received by them, or either of them, or which may remain unpaid and uncollected ; and salary. in lieu of all fees and perquisites whatever, and in full compensation for all their services as such justices, they shall each be entitled to receive an annual salary of eigh- teen hundred dollars, papable monthly by the common council.]* special sessions. g 33^ Either of the said justices or the police justice, shall have power to hold a court of special sessions alone, and shall have jurisdiction also, other than that heretofore given them, to try any person arrested in said count}^ who may be brought before them or either of them, charged with an affray, riot, malicious mischief, or cruelty to any * As amended. Laws of 1850, Chap. 102; and Laws of 1855, Chap. 514 191 animal, committed within said county ; and in all cases which are triable in such court of special sessions, the par- ty accused shall not be required to give bail to appear at any other court of criminal jurisdiction, unless the city judge of said city, the county judge of said county, or a justice of the supreme court, shall certify that the charge is one that ought to be tried in some other criminal court ; and the said justices, except the police justice, shall have the like jurisdiction in all civil cases as is now exercised by the justices of the peace of the towns in this state, in addition to the power and jurisdiction given them under the said act hereby amended; and no justice of the peace, other than the police justice and the justices elected in the city of Brooklyn, shall have or exercise any civil or crimi- nal jurisdiction in said city.]* [§ 34. The common council of the city of Brooklyn cierks. may nominate and appoint, if they may deem necessary, a clerk for the police justice, and also one clerk for each of the other justices, and may by ordinance or otherwise fix and regulate the duties of such clerk or clerks. The said clerk or clerks shall each be entitled to receive an annu- al salary of eight hundred and fifty dollars, to be paid monthly by the common council. They may designate a policeman, marshal, or constable to attend upon each of the said courts, and may by ordinance or otherwise fix and define his duties in and about said courts, and allow each of them so designated, such compensation salaries, (in lieu of all fees and perquisites whatever,) as they shall deem proper.] f § 35. The common council of the city of Brooklyn are city to be divi- hereby authorized from time to time to divide the said citv districts, and into two or more districts, for each of which districts shalleieSei * As amended. Laws of 1850, Chap. 102. f As amended. Laws of 1S50, Chap. 102; and Laws of 1855, Chap. 514. 192 Civil jurisdic- tion. be elected, by the electors of said city, at the next charter election to be held in said city, and every four years there- after, a justice of the peace, who shall hold his office for the term of four years, from the first day of May next thereafter, and who shall have the same jurisdiction in said city that justices of towns have by law in respect to the towns for which they have been elected, except as here" inbefore restricted ; and they shall be deemed justices of the peace of the county of Kings. They shall also have jurisdiction in all cases arising within said city, under article two, title ten, chapter eight of part third of the Re- vised Statutes, to the same extent as assistant justices in the city of New York now have. [§ 36. The said justices of the peace exercising civil ju- risdiction, shall be entitled to receive the same fees, for the use of the city of Brooklyn, as were allowed for simi- lar services in the late municipal court of the city of Brook- lyn, and otherwise shall be subject to the statutory provi- sions of the state of New York in relation to civil causes before justices of the peace ; and appeals from their judg- ments in such casues, shall be made to the county court of the county of Kings, in the same manner as appeals from Transcripts a justices' courts in towns. Transcripts of judgments ren- estate. dered by said justices, or either of them, shall be a lien upon real estate, in the same manner as transcripts of judgments of justices of the peace elected in the towns of this state, upon being filed, entered and docketed in the office of the clerk of Kings county, as required by statute ; and execution may issue thereon, and be cancelled and discharged in the like manner.]* Provision in § 37. In case the office, either of the city judge, the po- case of vacancy. , ° . . ' J J . ° ; 1 lice justice, or any justice of the peace of said city, shall * As amended. Laws of 1850, Chap. 102. 193 become vacant before the expiration of the regular term for which he was elected, the vacancy may be filled by appointment by the common council of said city, until it shall be supplied at the next charter election to be held in said city, when it shall be filled by election for the residue of the unexpired term. § 38. All acts and parts of acts which relate to the or- 1 ^'- ganization of the municipal court of said city of Brooklyn, the proceedings therein, and the jurisdiction and powers of the justices thereof, are hereby repealed. But all pro- ceedings, either of a civil or criminal nature, which may be pending in said municipal court, or before either of the justices thereof, when this act takes effect, shall be contin- ued before the police justice to be elected by virtue of this act, who shall have jurisdiction thereof, and possess all the powers and jurisdiction which the said municipal court or the justices thereof now have in relation thereto. § 39. This act shall take effect on the first day of May, one thousand eight hundred and forty-nine, except sections one, twenty-seven, and thirty-five, which shall take effect immediately. [§ No fees shall be allowed or paid to any police- S. ofpolice " man, marshal, or constable, on the arrest, trial or examin- ation of any person upon a criminal charge, except such, fees as shall be certified by the said justices or either of them, before whom such person shall have been tried or examined, to be reasonable and proper ; nor unless such justice or justices shall also certify that such arrest was also reasonable and proper ; nor until his bill shall have been presented to the judge of the city court of Brooklyn, to- gether with the certificate of the police or other justice as above required, and the same shall have been examined into, signed and certified by the said judge as correct. The said judge shall fix upon one day in each month, on 194: which he will examine the said "bills; and he is hereby authorized to strike out and deduct therefrom, any and all charges which he shall deem improper or incorrect in any respect, and tax and certify the amount which he thinks proper to be paid on said bills ; his taxation and certificate shall be final and conclusive, and the common council shall thereupon pay all such bills and fees as are properly chargeable to the city, and tlie county treasurer shall pay all such as are properly chargeable to the county.]* [§ Said act is hereby extended to the city of Brooklyn, as incorporated by an act entitled "An Act to incorporate the cities of Brooklyn and Williamsburgh, and the town of Bushwick, into one municipal government, and to in- corporate the same," passed April seventeenth, eighteen hundred and fifty-four.] f AN ACT IN RELATION TO COURTS IN KINGS COUNTY. PASSED APRIL 15, 1852. The People of the State of New York, represented in Senate and Assembly, do enact as follows : city.iud?e ? po-^ Section 1. The city judge, j>olice justice and justices justices of the of the peace of the city of Brooklyn, shall be elected at the next general election, preceding the expiration of their respective terms of office, such terms to commence on the first day of May thereafter ; that of the city judge, to * A new Section, f A new Section. Laws of 1850, Chap. 102, § 19. Laws of 1855, Chap. 514. 195 continue for six years, and each of said justices for four years, from such first day of May. § 2. Whenever, in the opinion of the county judge of 2' a h n e t h Trty-six Kings county, more than thirty-six petit jurors shall be re- Secesla^ 8 are quired to attend any court of sessions to be held in and for said county, he may, by an order under his hand, direct such additional number to be drawn as he shall deem ne- cessary, not exceeding thirty -six. § 3. Such order shall be served on the clerk of Kings SSSaffi^ count}-, and shall thereupon, at the usual place of drawing, county de?k. in connection with the officers now designated by law, pro- ceed to draw such additional jurors. §4. The said county judge shall, in his order for ad- ^"3^^ ditional jurors, specify the time and place when and where sp^mt^™ they shall be drawn. § 5. All acts and parts of acts inconsistent with this act, Repeal, are hereby repealed. § 6. This act shall take effect immediately. ELECTIONS. AN ACT TO PKOVIDE A MORE CERTAIN CANVASS AND ESTIMATE OF VOTES AT EACH ELECTION IN THE CITIES OF NEW YORK AND BROOKLYN. PASSED APEIL 7, 1S57 — THKEE-FIFTHS BEING PKESENT. The People of the State of New York, represented in Senate and, Assembly, do enact as follows: Section 1. There shall be elected three district canvas- sers at every general election in the cities of New York and Brooklyn, in each election district therein, concur- rently with and in addition to, and in the same man- ner as inspectors of election are now elected, and nnder the same regulations and provisions, and vacancies in the office of district canvasser shall be filled ; and for the elec- tion in said cities next ensuing the passage of this act, the common councils of the said cities shall by joint reso- lution, before the third Tuesday in October next, appoint in each election district the said three district canvas- sers. § 2. It is hereby made the dnty of each district canvas- ser so elected or appointed, to attend at least thirty minutes before the closing of the poll in each election dis- trict, at the place of holding the poll, and for the district for which he has been elected or appointed, and the three district canvassers, or if only two attend, then the said 197 two attending shall with one of the inspectors, to be by them designated, then organize themselves as a board for the purpose of canvassing and estimating .the votes, and shall choose one of their number as chairman, but shall have no clerk. § 3. If only one canvasser present himself at the closing of the poll, he shall, in connection with the inspectors of election, immediately fill the vacancies by choosing two competent persons who are citizens, and who shall be sworn by the chairman of the board that they are such citizens, and that they will faithfully canvass, estimate and state the result of the votes. § 4. If none of the duly appointed canvassers shall pre- sent themselves at the closing of the poll, then it shall be the duty of the inspectors of election to appoint three com- petent persons who are citizens, and who shall be sworn by the chairman of the board of inspectors as herein above provided. When the board of district canvassers at the closing of the polls shall be organized as aforesaid, the board of inspectors conducting the election, shall deliver the ballot boxes and the poll lists to the said board of dis- trict canvassers, and the board of inspectors shall there- upon be dissolved. The board of district canvassers shall then immediately without any adjournment or recess, and at the place of the poll, publicly proceed to canvass and estimate the votes, in the manner and with the powers and duties now prescribed for and enjoined upon the inspec- tors of election. All the provisions of law now* in- spectors, shall be made applicable to the powers, acts and duties of the said district canvassers ; and all other per- sons are prohibited from engaging in and assisting in the canvass and estimate of votes as aforesaid, except the poll clerks of each district, whose it shall be to afford and render services as clerks as the district canvassers shall re- * So in the original. 198 quire. All persons, inspectors and district canvassers of- fending against tins last provision shall be deemed guilty of a misdemeanor. § 5. The required statement and copy thereof of the re- sult of the canvass, shall be made and subscribed in pub- lic without adjournment or recess, at the place of election and canvass ; and when they arc so completed, ready for filing and delivery, shall be then and there forthwith en- closed in strong wrapper and properly sealed and counter- signed across the seal by the signature of each district can- vasser, and the same shall thereupon be kept sealed and shall not be opened until the same arc produced before the board of ward, city or county canvassers, when they shall be open for the canvassing of the returns. When- ever any inspector of election of either board of inspectors, or any poll clerk, shall be a candidate for any office what- ever, except for inspector or canvasser of election, at any election, his office as inspector or as poll clerk shall im- mediately become vacant, unless he shall publicly have refused, within three days before the day of election, to be a candidate. § 6. The clerks of the board of aldermen in said cities, shall between the third Tuesday of October, in each year, and the Tuesday preceding the election, notify every in- spector and district canvasser to attend on any day before the day of holding the election, at the office of the county clerk, to take and subscribe the oath prescribed by the constitution. It shall be the duty of said clerks of the county to provide each election poll in the said cities with proper paper, blanks, stationery, sealing-wax and lights at the expense of the county, for the use of the inspectors and district canvassers. § 7. The compensation of each inspector of election and of each district canvasser, shall be five dollars to each for 199 his services at the election, which compensation shall be paid by the comptroller of the said cities, on the voucher for the service. But no payment shall be made to any in- spector or district canvasser who shall not have taken and subscribed the oath or affirmation referred to in the pre- ceding section. § 8. The acting of any inspector or district canvasser elected or appointed before the day of election, without his having taken or subscribed the oath or affirmation re- ferred to aforesaid, shall be deemed to be and punished as a misdemeanor. § 9. It shall be the duty of the said board of district canvassers to fully complete the estimate of the votes in each box in the order prescribed by law, and to make pro- clamation of the result, and to complete the returns and certificates of the votes of the said box, in the manner pre- scribed by this act, before proceeding to the estimate and canvass of the box or boxes to be next thereafter can- vassed. § 10. The names of inspectors of election and of district canvassers voted for at any election, shall be upon one ballot. The names of the persons to be voted for inspec- tors shall follow the proper designation of the office of in- spectors to be filled ; and next thereafter shall follow the names of the persons to be voted for district canvassers, and the said ballot shall be endorsed inspectors of election and district canvassers, with the designation of the proper election district added. LIST OF ACTS OF THE LEGISLATURE PRIOR TO THE CONSOLIDATION, INCLUDING THE MORE IMPORTANT INCORPORA- TIONS IN OR AFFECTING THE CITY. BROOKLYN. Where to be found. Page. 1788. For the extinguishment of fires in, 2 Greenl. 190 1795. Ibid, 3 Greenl 193 1797. For the prevention of fires and assize of bread in, . . . u 405 1798. Eelative to records of town of, Andrews. 254 1801. To vest certain powers in the free- holders, .... 2 W. 223 1805. Amendment, . . . 4 W. & & 57 1806. Regulating the keeping of gun- powder in, 357 1806. House of correction in, ..." 396 1806. Tavern keepers in, &c, . . . 442 1807. Relative to, ... 5 W. & S. 6 1807. Bounds of fire district in, . . " 120 1809. To incorporate the Brooklyn, Jamai- ca, and Flatbush Turnpike Co., Statutes. 83 1823. Amendment, .... " 135 1810. Rates of ferriage from New York to Nassau Island, ... 6 W. 16 1812. Additional number of firemen in, 6 W. & S. 490 1812. Size of rowboat barges at N. Y. and Long Island ferry, ... 6 W. 490 1820. Relative to gunpowder in, . . Statutes. 180 1816. To incorporate the village of, . " 90 201 1822. Where To regulate the ferries between N. to be found. Page. Y. and Long Island, . Statutes. 256 1823. To incorporate the firemen of the vil- lage oi, .... (i 200 1824. Amending charter of village of, it 224 1824. Apprentices' Library Association m- i~* (\ tm ini'ii fori KjVL pUI ctlt LI, it 343 1824. -LVolctUl V U L(J L) (J til LI Ul ULtlllll 111, . a 241 1825. ±{j mcoiporaie vv niie ±jeau. ^onipaiiy, a 271 1825. JA-oltl 11 V L> LU pUUl -ilULLoLi 111, . . it 233 1825. To incorporate Gas Light Company, tt 303 1852. Amendment, . ... ti 9 1826. Kelative to village of, tt 87 1826. Supervisor of, to convey certain land, it 294 1827. To reduce the several acts relating to, into one, .... it 127 1827. To incorporate the Brooklyn Savings Bank, it 170 1827. Fees of justices and constables in, tt 355 1827. Quarantine regulations in, . Stat. 2d jSess. 295 1827. Provision for the payment of a cer- tain assessment in, . . Statutes. 7 1828. Kelative to wharfage in, n 248 1828. Kelative to storing gunpowder in, tt 407 1828. Relative to public burial grounds in, it 454 1829. To provide for the establishment of a court house in, it 355 1829. For the prevention of masquerades in, u 401 1829. Gauge of beer casks in, u 555 1830. Concerning the collection of taxes in, " 19.108 1830. Kelative to Municipal Court in, . . K 82 1845. Ibid, a 260 1848. Ibid, it 298 1830. Kelative to penitentiary in, . it 237 1831. Relative to the village of, n 343 14 202 Where to bo found. Tnge. 1 £3 1 lOOi. Kclative to the firemen in, . Statutes. 408 1833. Tliiip for Pol 1 1 *Pl 1 1 1 < »' t'l \'(N 11) P\"tpn<]p llltl^O yjlj . . u 40 Q lOOi. To mpniTinrito tlip T.ono* T^lnnd "R nil JLKJ ILLK^KJl ^>\Jl d LO LJLLC -LiVJ JJ q JLOlcllIU. JLlllll Tfnnn (^oTiTnfmv XlVJuLl VyVyJLLLLSCIiJLi y , • • . u 931 Lo 1 1 834 To 1 1") povnovi to tnp "Rt'OOicI vn T/vppniYi JL v iilC^I JyUi clLC LJJ.O XJ±\jyjl\±j i-1 J-JJ/ C C U.111, it 434 1 83 A mpiirlmpnt n 944 18.34 xoo^t. V^UllLLI 11111^ LttJVtb 111, . . . a .38 1 ftQ4 lOo±. 1 Vi nrnnrnto +no T?nmon Pntlimi(i JL U 111 L/Ul IJU1 cl l\s liL\j JLiUlllclll V/i.lLl_l(J110 WlJJilcl.il .X2Vbyl Uill, . , . it 000 1 QQ i vylLV Ul 111LU1 UU1 ctltAl, u no looo. _L(J 111LU1 I)L>1 cilL Lilc Ul IJllcUl -O-bjllliil OUL-lclVj ... it QO oU loOl. .Amendment, tt Ooo looo. WUlllllllbblUilt;! b IL> (JcilOllll LcllJU. dntips m U.U.llvkJ 1 * it 93 183^ Piers and Docks in, n fi4 02 1835 _£A_111C11VU.111C11 L \J± VylLV v/JLltll LCI, . • it 124 1 83^ 1000. Streets, Avenues, and Scjuares to be laid out in, a 1 3fi 1 83^ ±ooo. United States Naval Lyceum in, . it 907 1 835 Kelative to the "Wallabout and m Brooklyn Toll Bridge Company, ti 209 1835. Privileges of firemen of, a 283 1836. 0. Jackson, authorized to erect docks in, it 25 1836. Charter of city amended, tt 101 203 Where to be found. Page. 1836. Kelative to Common Schools in, Statutes. 136 1843. Ibid, " 39 1844. Ibid, " 514 1845. Ibid, « 327 1848. Ibid, " 14 1848. Ibid, " 298 1850. Ibid, " 237 1836. Eelative to the Brooklyn and Go- wamis Toll Bridge Company, " 334 1836. To authorize lease of Brooklyn and Jamaica E. E. Co. to Long Island E. E. Co., . . " 136 1836. To provide for a Eail Eoad to Coney Island, . ..." 444 1836. Assessment rolls in, " 155 1836. Henry Patchin and others, authori- zed to erect docks in, . . " 739 1836. Commissioners to perform certain dnties in, . . . . " 782 1837. Time extended for collection of tax- es in certain wards of, . li 8 1847. Ibid, " 19 1837. Canal from East Eiver to Gowanus Bay, V 275 1837. Eelative to Streets, Avenues, and Squares in, . . . " 75 1837. Eelative to School District, . . " 120 1837. Charter of city of, amended, . " 277 1837. To authorize B. and Jamaica E. E. Co. to alter route, . . " 414 1838. Concerning Charter Elections in, " 75 1838. Eelative to the city of, " 119 1844. Ibid, u 305 1845. Ibid, " 82 1845. Ibid, M 435 204 Where to be found. Page. 1846. Eelativc to the city of, . . Statutes. 250 1849. Ibid, a 37 1850. Ibid, (f 242 1838. To incorporate the Greenwood Cem- etery, u 297 1839. Amendment, .... 131 1846. Amendment, 469 1850. Amendment, .... ti 318 1838. To incorporate the WaUaboiit Canal Company, .... u 324 1838. Relative to Streets, Avenues, &c, in, 11 121 1838. Return of Collectors' Warrants in, &c, 11 175 1838. Relative to firemen in, u 276 1839. Extension of time for collection of taxes in, . . . ( ( 3 1839. In relation to taxes in, it 324 1839. Proceedings, Maps, &c, of Commis- sioners confirmed, a 36 1839. Collectors, how elected, a 89 1840. Major to be elected by the people, 17 1840. Relative to "Ward lines in, (( 69 1840. Relative to measurer, weighmasters, and harbor masters in, . < i 291 1840. To incorporate the Atlantic Dock Company, .... 1 1 164 1841. Relative to the collection of taxes in, u 125 1843. Ibid, a 229 1848. Ibid, i i 29 1848. Ibid, 482 1841. Further to amend the charter of; n 250 1841. Concerning docks and wharves in, a 253 1841. Elections in, &c, a 289 1841. To incorporate the Brooklyn Natu- ral History Society, u 31 205 1842. Where to be found. Official acts of Commissioners of Page. Deeds in, confirmed, . . Statutes. 236 1842. To incorporate the Hamilton Liter- ary Association, ti 89 1842. JN umber ot Commissioners ot Deeds m, limited, .... 236 1848. Confirming appointment oi Commis- sioners oi Deeds, 358 1843. To extend charter oi Brooklyn Ap- prentices Library Association, ( ( 110 1843. Common Council not to be interest- ed in contracts, LL 36 1843. CI "IT") " 1 x x bamuel Bourne authorized to erect wharves, docks, and piers in, . il 342 1844. For the security of mechanics and others, . ii 451 1845. To incorporate the Brooklyn Benev- olent Society, a 167 1846. Amendment, .... a 469 1845. To establish and regulate ferries be- o tween N Y and L. I. 422 1845. To incorporate the Brooklyn City Hospital, .... 153 1845. To incorporate the Brooklyn 1 emale Academy, .... ( 4 143 1845. Relative to city — extension of Kent avenue, . 82 1846. Amendment, . ... 250 1845. lo change locality oi Washington Park, i 1 76 1847. Opening Washington Park, it 135 1848. Relating to Washington Park, a 200 1846. Relative to Bedford Road, a 30 1846. Relative to Carl street, tt 31 1846. In relation to the city and the B. and Jamaica R. R, Co., u 441 206 Where to be found. Page. 1846. Concerning Quarantine, . Statutes. 395 1846. Authorizing loan for erecting City Hall, " 180 1849. Ibid, " 124 1850. Ibid, " 28 1846. To alter commissioners' map of, " 310 1847. Ibid, " 94 1848. Ibid, " 274 1849. Ibid, ' " 451 1850. Ibid, " 373 1850. Ibid, " 797 1851. Ibid, " 44 1851. Ibid, " 734 1852. Ibid, " 28 1853. Ibid, " 729 1854. Ibid, " 807 1846. Relating to Flushing avenue, . " 345 1847. Eelating to Hamilton street, . . lt 180 1847. Daniel Richards and others author- ized to build docks, &c. . . . " 194 1847. W. H. Imlay and others authorized to erect piers, &c. . . " 300 1847. Providing for a convention to revise city laws, 271 1848. Amendment, .... " 30 1848. Mayor and Common Council author- ized to create a loan for certain purposes, .... " 4 1848. Authorizing owners of real estate to construct bulkheads and wharves, " 266 1850. Amendment, .... " 680 1849. Authorizing construction of canal in, for drainage, . . " 112 1849. To establish a court of civil and crim- inal jurisdiction, . . " 170 207 Where to be found. Page. 1850. Amendment, Statutes. 148 1849. Authorizing the erection of posts for lighting city with gas, it 298 1849. Docks and wharves may be erected in 7th ward, (i 320 1849. To improve road from Gravesend, a 428 1849. To supply with water, tt 469 1849. Eelating to Navy street, a 529 1850. To provide for payment of existing debts, g a 26 1850. Authorizing Board of Education to sell a school lot, tt 771 1850. Eelative to the Gas Light Company, a 64 1850. To open Division avenue and define boundaries, . tt 66 1850. Amendment, .... it 146 1850. To revise the acts relating to, it 242 1850. Act to divide the 6th and 7th wards and establish boundaries and civ- il divisions, .... a 119 1850. Amendment, .... a 146 1851. Charter amended, ti 442 1851. For the relief of Strong Place Bap- tist Church, tt 584 1851. In relation to the supervisors of the city, it 10 1851. Authorizing loan to pay existing li- abilities, .... it 19 1851. Time for collection of taxes ex- tended, .... tt 60 1851. To authorize William Beard and others to build docks, it 100 1851. To authorize owners on Gowanus Bay to .build docks, it 355 1852. Act to close part of Bedford Eoad, it 41 1852. ft it U H u tt 426 208 Where to be found. Page. 1852. To regulate wharfage on lighters, Statutes. 402 1852. Relative to taxes of 1849 in 9th ward, . . <( 408 1852. In relation to Sackett and Jefferson avenues, u 408 1852. Relative to officers of Brooklyn In- stitute, . (( 409 1852. In relation to streets and parks, (( 434 1853. Amendment, .... a 124 1852. To amend charter, . tt 504 1852. To establish fire limits, a 552 1852. Grade lines in 7th, 8th, and 10th wards, . . . tt 664 1853. Amendment, .... tt 615 1853. To incorporate the Packer Colle- giate Institute, it 41 1853. Eelative to Eail Koads on Long Is- land, ... (( 425 1853. To fix permanent line of piers for, it 573 1853. Tax for police expenses in 8th and 9 tli wards, .... tt 593 1853. To supply the city with water, it 618 1853. Amendment, .... tt 361 1853. Jurisdiction vested in United States, tt 741 1853. Amendment to charter, it 802 1853. Authorizing Eail Eoad track in Di- vision avenue, tt 928 1854. a 119 1853. Lefferts Park Association incorpora- ted, it 1017 1853. To provide for consolidation with Williamsburgh and Bushwick, a 1057 1853. To provide for idle and truant child- fen, . . . . _ . tt 358 1854. To provide for completing Division avenue, .... tt 905 209 Where to be found. Page, 1854. To borrow money to build an ar- mory, .... Statutes. 280 1854. To borrow money for fire depart- ment, . . . " 496 1854. Eelative to Brooklyn City Eail Eoad Company, . . . " 154 1854. To continue Flatbush avenue into Flatbush, . 776 1854. To widen Fulton street from Eed Hook Lane to Court street, " 781 1854. Consolidation with. Williamsburgh anclBushwick, . 829 WILLIAMSBUBGKE. 1824. Williamsburgh Ferry Company in corporatecl, 1827. To incorporate tlie village of, . 1835. Amendment, 1833. To authorize Philip Harmin and Ed mund Frost to erect docks, 1835. To authorize certain persons to erect docks, 1836. Cells to be made to confine prison- ers, 1837. To authorize Paul Fish and others to erect docks in, 1837. Peck Slip and Williamsburgh Ferry Company incorporated, 1839. Concerning firemen, 1842. Amendment, .... 1840. To divide the town of Bushwick, 1840. Eelative to measurers, weighmasters, and harbor masters. 245 270 511 123 586 407 116 275 108 35 291 210 Where to bo found. Fage. 1841. To extend time to collect taxes, Statutes. 5 1844, To condense and amend the acts re- lating to the village of, 273 1844. Common schools in, 299 1844. For the security of mechanics and others, 451 1845. For the relief of John Ilutchings, " 152 1845. Lyceum incorporated, 226 1845. To raise money by loan, 278 1845. Interment of the dead in, 309 1845. For the relief of J ames D. Sparkman and two others, 331 1846. Money to be raised by tax in the town of, ... 141 1846. Bethel Baptist Church in, name changed, . . 218 1846. Kent avenue may be extended to, 250 1846. Charter of amended, 392 1847. Trustees of school district No. 3, in, may borrow money, 448 1847. Fire Insurance Company may fill up its stock, .... " 479 1848. Town and village of, " 97.111 1848. Bulkheads and docks may be erect- ed at, " 401 1849. Trustees of the village of, to raise , money by loan, 18 1849. Charter of the village of, amended, 99 1849. Williamsburgh and Jamaica Turn- pike road to be improved, " 163 1849. To amend act of 1845 to pay debts and settle claims, 221 1849. Williamsburgh Fire Insurance Com- pany, 326 1849. Citizens' Fire Insurance Company, 326 211 Where to be found. Page. 1849. T^pttv Com *nin v inpnTTiOTJitPfl JL \s± ± jf \J\J ill ^JtlLL X ^ 1LLKj\JL \J1 Ct/l;v>*~X, Str/fiifps 458 1850. Bonnrlnrv liptwppn nnrl Brooklvn I f\J LLXXPLclX V L Vv v^v^XX, clXXvX. J-fX \J\J±\.±J XX, u 66 1850. Inn "rf ay* OTYinnniiil V^llcli LL/I ctxxlt JLxLlLLl, . • . a 272 1850. riitwons' TTi Tn cnT , n"nr>A Pi in "Pi n ti Tr V_>xIx/Cjc1xo J? H t5 lllteLLIclllL/t; V^UXXl Ucllx V j a 1 79 J. 1 V 1850. 1 Atn tyi lcci mi nro nf clr»f>rlc in V^UIIlxlllboxUxlLl o Ul LlLcLlo 111, . . it 749 1851. V^xiy l^xlcll It!! , . • • • a 110 XX\J 1851. Tn rplntinn to flip pomnion sphools JLXX X V^XCL LXv/XX L Vy 1 1 J. V v V.VylillllV7-Ll- ^ V. 1 1- V / V y J a 323 1851. JLxx lt/ltlLlUll l(J UUvvcxo Ul Lx LLolt/CDj a 1852. T?plitivp tn to^rpd XlClaLlyC LVJ LcWVCo, ... u 60 18o2. 'Pn inn it T^illc; io*imc;t tnwn X\J CIU.U.1U Mlllo cl^clllXO L IvJ \v XX, • u 1852. nPl'iti vp tn pnmmnn c5Pnnnl<5 J-VCXclLlYC L\J ^UIXXIXXUXX iS^XiWUXDj . . ii 413 1852. TV^itpT WTnvk'^; Pom n v in ^ovnnT'fl tpd yv cxtcx >v yj-i XV o \s ljxxx jjcixx y xxx^ux lxuxcilcuj u 472 18o3. A m pn flmon t -X.XXXXV^XX LX.XXXOXX L, • • . • It 712 1853. To authorize the construction of docks in, u 617 1853. Charter amended, . , u 980 1853. To provide for consolidation, a 1057 1854. Consolidation with Brooklyn and Bushwick, .... u 829 BUSHWICK. To incorporate the Newtown and Bushwick Bridge and Turnpike Company, . . . 3 W. & S. 268 Amendment, ... 4 W. & S. 281 Amendment, .... Statutes. 327 To authorize a drawbridge over Bush- wick creek, . . . . " 226 Persons arrested there may be im- prisoned in Williamsburgh, . " 586 Eelative to taxes in, . . . " 6 Docks may be erected at inlet, . " 407 1803. 1805. 1838. 1833. 1836. 1837. 1837. 212 Where to be found. Page. 1838. To extend time to collect taxes in, Statutes. 5 1839. Ibid, n o O 1840. Ibid, it 24 1840. To divide the town, tt 35 1847. Relative to free schools in, . a 427 1847. Errors in valuation of property to be corrected, .... it 81 1849. To authorize Neziah Bliss and others to erect docks, tt 434 1850. Boundary between town of and Brooklyn, .... it 66 1852. Relative to schools in, it 158 1852. Plan of streets, roads and avenues in the town of, ... it 437 1853. Amendment, .... tt 806 1853. Amendment, .... It 1209 loOO. Relative to Union Cemetery, it 377 1853. Relative to free schools in, n 816 1 854 Consolidation with Brooklyn and TTilliamsburgh, it 829 Jjlol ur ALIO SINCE THE CONSOLIDATION. 1 855 Excavations for buildings, /Statutes. 11 To amend the charter of the Wil- liamsburgh Water "Works Com- pany, a 38 1 855 To provide for the debts of Wil- liamsburgh, it 71 1855. To amend the charter of the Brook- lyn Gas Light Company, it 122 1855. To amend act of consolidation, it 166 1855. Ibid, it 515 1855. Ibid, it 906 213 Where to be four d. Page. 1857. To amend act of consolidation, Statutes. 569 1857. Ibid, (statutes, Chap. 607.) 1857. Ibid, a 258 1855. _L(_) amend cnai Lei ui hicj lll-|jcIl liiicul, (western district,) it 170 18oo. In relation to property of persons ar- rested tor crimes, a 298 1855. j; ire nmiib, i \\ esLtJiii lusliici, j « 590 1855. To incorporate the ISTassan Water Company, .... u 601 1855. To amend the act in relation to drainage canal, . ii 801 1855. In relation to Justices of the Peace, (Williamsburgh,) a 819 1855. Confirming agreement with Li. I. T)„ 'i T> ^„ ,n fo- xtail KoacL v^o., a 851 1855. To amend act ior completion oi Di- vision Avenue, i i 870 1855. To amend act m relation to the courts of the city, .... 950 1855. f 1 1 . • -r~i • ft. -j , Ail 1 o continue I nth avenue to Atlan- tic avenue, . . . 1065 1856. To authorize Daniel Kichards and others to build docks, a 313 1856. To open Eiver street, i i 325 1856. To amend charter oi City Hospital, 18 1856. m i 1 H a ,1 TXT" 1 To create the 19th Ward, i i 109 1856. In relation to Mount Prospect Square 151 1857. To provide a more certain canvass of votes in New York and Brook- lyn it 596 1857. To provide against pestilential dis- eases, ..... n 833 1857. To provide for the supply of water, it 35 214 _ , , . , . Where to be found. Tage. lbo7. (jiving jurisdiction to U. S. over cer- tain property on Atlantic Dock, Statutes. 29 1857. To sell the burial ground at the Wal- labout, » 31 1857. To amend charter of Lefferts' Park Association, .*'.'.." 39 1857. For the better regulation of firemen, (western district,) ... " 55 1857. To prevent the re-burning of char- coal, " 190 1857. To amend act in relation to board of education, . . . . " 237 1857. Eelative to local improvements in late "Williamsburgh, . . . " 275 1857. To alter the commissioner's map, " 442 1857. To incorporate fire department of eastern district, . . " 616 1857. To authorize the raising of money to pay existing liabilities for late "Williamsburgh, . . . " 734 1857. To establish fire limits in eastern dis- trict, {Statutes, Chap. 768.) 1857. In relation to sewerage and drainage, (Statutes, Chap. 521.) OEDINANCES OF THE CITY OF BBOOKLYN. ORDINANCES CHAPTER I. AX ORDINANCE IN RELATION TO CITY OFFICERS, AND TO LIMIT AND DEFINE THE DUTIES OF CERTAIN OF THEM UNDER THE CHARTER OF THE CITY, AND TO PRESCRIBE OTHER AND FURTHER DU- TIES TO BE PERFORMED BY THEM. The Common Council of the City of Brooklyn do ordain as follows : ARTICLE I. IN RELATION TO CITY OFFICERS GENERALLY. Section 1. The penalties of the official bonds of the of- Penalties of . x . official bond; ncers, herein named, shall be respectively as follows : That of the citj treasurer, one hundred and fifty thou- sand dollars. That of the comptroller, ten thousand dollars. That of the collector of taxes and assessments, one hundred and sixty thousand dollars. That of the auditor, five thousand dollars. That of the street commissioner, ten thousand dollars. That of the city clerk, ten thousand dollars. That of the attorney and counsellor, ten thousand dol- lars. That of the commissioner of repairs and supplies, ten thousand dollars. 15 218 That of the chief of police, five thousand dollars. That of the clerk of markets, one thousand dollars. That of a constable, five hundred dollars. That of a city surveyor, one thousand dollars. That of inspector of pavements, one thousand dollars. That of inspectors of meats, five hundred dollars. And such officers, except the collector and treasurer, who shall have twenty days to do so, shall execute such bonds respectively within ten days after notice of their election or appointment, or their office shall be declared vacant by the common council. miXSSST* § 2 - Thc bonds of a11 officers shall be executed with two or more sureties, conditioned as provided in the city charter. Such sureties shall justify separately, on the back of the bond, that they are respectively worth the sums to be stated in their respective justifications, over and above all debts and liabilities by them owing or in- curred, or for which their property is liable or incumber- ed, at the time of justification, and over and above all exemptions by law of their property from execution. The sums stated in such justifications on the bond of any officer, shall, in the aggregate, amount to double the penalty of such bond. The execution of such bond shall be acknowl- edged by the officer and his sureties before some person authorized io take the acknowledgment of deeds, and a certificate of such acknowledgment made thereon. The clerk of the common council shall also endorse and certify on each bond, before the same shall be filed, the resolution of the common council approving the same, and the time of such approval. S3 into city § ^. ^° ^ ees or perquisites shall be received to his Treasury, own use D y ari y c ^y officer, or the officer of any ward or district receiving a salary, or by any person in his office acting as deputy or clerk, or in any other capacity subor- dinate to such officer, nor shall any city officer or ward 219 officer be interested in any fees or compensation for ser- vices, rendered in or about any city office, by any other person or persons whomsoever, and all fees received by any such officer shall be paid into the city treasury. But nothing herein contained shall be construed to pre- vent the taking of compensation by clerks or other subor- dinates, for searches or other services out of office hours, provided the officer or his deputy be not interested in such compensation, and shall assent thereto. § 4. The records, books, files, papers and documents of ^ords open to the city shall, during office hours, be open to the search, ins P ectlon - inspection, and examination of the public, provided, how- ever, that if in any case the officer having charge of the same shall deem it conducive to the public interest, he may require the applicant to procure the written permis- sion of the mayor, who may refuse to give such permission if he deem proper, unless such search, inspection and ex- amination, be for the purpose of obtaining information for the prosecution or defence at law of some right, or for the purpose of ascertaining taxes or assessments, or sales for taxes and assessments, and provided that such search, in- spection and examination, be made under such regulations as the officer in whose custody such records, books and documents may be, shall establish for the safety and pres- ervation thereof. § 5. Any officer violating any provision of this ordi- m ®^duct of for nance, shall be deemed guilty of misconduct in office, and Jjg^ 3 and liable to impeachment and removal from office therefor. Such officer shall be liable for any violation of any pro- vision of this ordinance, by any deputy, assistant, clerk, or other subordinate appointed by him ; and continuance in office by such officer, of any such deputy, assistant clerk, or other subordinate, after knowledge of any such violation, shall be deemed misconduct in office by such officer, and he shall be liable to impeachment and removal 220 from office therefor ; and such deputy or assistant shall not be renominated for appointment, and such clerk or other subordinate shall not be reappointed, unless the cause of his removal be first submitted to the common council, and its assent obtained to such reappointment. mitsto bekept § ®' licenses or permits granted by the mayor, or any other city officer, or abstracts thereof, shall be regis- tered in books to be kept in their respective offices. office hours. §,7, The offices of the respective city officers, except as hereinafter mentioned, shall be open every day except Sundays, and such holidays as shall be observed by the general custom of the city, or by recommendation of pub- lic authority, from 9 o'clock in the forenoon to 5 o'clock in the afternoon. The office of the mayor shall be open at such hours as he shall prescribe. The office of collector of taxes and assessments shall be open from 8 o'clock in the forenoon to 5 o'clock in the afternoon, for all business except the receipt of money, which will not be received therein after two o'clock in the afternoon. The office of the treasurer shall be open during banking hours of the city deposit banks. Office 111 ement t0 § ^' ^° om cer shall receive, in money or other- wise, any pajjr, gift, commissions or reward for the appoint- ment, or for procuring the appointment or nomination for appointment, of any deputy clerk or other subordinate under him, or in his department or office, or under any other city officer, or in any other department or office of the city government. Officers not to be § 9. No city officer shall be interested in any contract contract! 1 with the city, or in any compensation for work done for, or materials, or supplies furnished to the city, or to any contractor, or other person furnishing the same to the city, nor shall he participate in any profits with such con- tractor or other person, or receive any compensation, com- 221 mission, gift, or other reward for his services, except the salary or fees established by law, or by the ordinance or resolutions of the common council. § 10. All city officers shall perform the duties of their SfSjS 6 '° office subordinate to the mayor, who shall have power to direct them in relation to such duties, and also in all par- ticulars contemplated by law, or the ordinances or resolu- tions of the common council, but not regulated thereby ; and it shall be the duty of such officers to obey such directions. §11. The administrative officers of the city, and all Annual reports ° J 7 from depart- others, if required by the mayor, shall annually, on the ments - first day of December, and from time to time, when re- quired by the mayor, report to him in writing the condi- tion of their respective offices, and of the business and all matters therein, touching the interests of the city, and what business has been finished, and what remains un- finished, of the last year. § 12. All officers advertising for proposals or estimates Estimates for contracts* for contracts shall require such proposals or estimates to be accompanied by the consent in writing of two sureties, who shall at the time of putting in such estimates or pro- posals, qualify as to their responsibility in the amount of such proposal or estimate, and bind themselves that if the contract be awarded to the person or persons making the estimate or proposal will, upon its being so awarded, be- come bound as his or their sureties for its faithful per- formance, and that if the person or persons to whom such contract shall be awarded, or his or their sureties shall omit or refuse to execute such contract, they will pay to the city of Brooklyn any difference between the sums to which he or they would have been entitled upon the com- pletion of the contract, and that which the city of Brook- 222 lyn may be obliged to pay to the next highest bidder, by whom such contract shall be executed. ARTICLE II. TUB MAYOR. SsLs grant Section 1. The mayor shall grant licenses for the pur- poses authorized by sub-divisions 4 and 5 of section 13 of title II. of the city charter, to expire on the first of May thereafter, to such residents of the city of the age of twenty-one years, duly qualified according to the ordi- nances of the common council, as he may deem proper, unless the common council shall otherwise designate ; and may revoke the same at pleasure. d?y S office V rs e a11 § ^' ma y or sna ^ supervise the conduct and acts of all city officers, and in case of a violation or neglect of duty or other misconduct of any officer, he shall transmit to the common council information thereof, with such facts and particulars as to enable specifications of the charge to be made against such officer, under section 31 of title III. of the city charter: and for the performance of his duty in this respect and otherwise, he shall at all times have full power to examine all books and papers in the possession or custody of such officers, and to examine any deputy clerk or other subordinate. To determine re- § 3. He shall, whenever any work shall be requisite, plies in certain either for construction or repairs for general or local pur- poses, or any supplies shall be required, which work, re- pairs or supplies may be done or furnished by any city officer without the special order of the common council^ examine, upon a requisition to be made by such officer, stating the object and amount, into the necessity of the same, and before such work shall be done or such supplies furnished, or any liability therefor incurred by the city, 223 he shall signify his approval of such requisition ; except for repairs of lamps and lamp-posts and of wells and pumps. AKTICLE III. THE STREET COMMISSIONER. commis- Section 1. The street commissioner shall have supervi- Bhjet ^ ^ sion over all the streets, avenues, squares, wharves and ^street and piers and public places, wells and pumps, and cisterns of-^^f 5 '^ the city, and of all works thereon done by order of the com- mon council, except for repairs, and over all contracts for grading and paving streets, for constructing wells and pumps and public cisterns, and for all other improvements for which assessments are to be laid, and such contracts shall be executed by him on behalf of the city, and when so executed shall be filed in his office. § 2. He shall publish all notices required by law to be Top^hcer- published by the common council, relative to local im- provements and assessments not devolved upon any other officer. § 3. He shall furnish to the collector of taxes and as- ^tofeh sessments fair copies of all assessment rolls, with proper jecgg and other warrants for the collection of the assessments, within ten days after the same shall be confirmed ; and at the same time cause a notice to be published that such rolls have been confirmed, and have been delivered to the collector for the collection of the assessments therein, and of the time within which they may be paid, without additional charge. He shall also, at the same time, furnish the auditor and comptroller abstracts of all assessments and awards. § 4. He shall, in the matter of opening streets, ave- g^J^g, nues and squares, publish the notice required by law for notices. 224 His duties In re- gard to lands abandoned. Deeds fcr such lands. remonstrances against the same, and of the district to be assessed, and canse the necessary maps to be made for the use of the commissioners, and after the confirmation of the commissioners' report in any such matter, he shall deliver a copy thereof, with a warrant for collection of the assess- ments therein, to the collector, within ten days after such confirmation ; and shall publish a notice of such confirma- tion, and of delivery of such warrant to the collector, and of the time within which such assessments can be paid, without additional charge. § 5. He shall, whenever any lands shall have been abandoned in the opening of any street, avenue or square, and the amount fixed by the commissioners as their value shall have been paid or tendered to the owner, offer said lands to the owner or owners of the lands next adjacent thereto at the price or value fixed upon the same by the commissioners, and if the said owners shall neglect to take the same within ten days after the delivery of the notice containing such offer, he shall advertise the same for at least five days in the corporation newspaper or newspapers, for sale at auction at the street commissioner's office, and the same shall, at the time stated in such advertisement, be sold to the highest bidder, and the net proceeds thereof shall be paid Jay him into the city treasury to the credit of the improvement. If the adjacent owner or owners before mentioned shall neglect to take the lands so aban- doned at the valuation of the commissioners, or if the said lands be sold to other parties, the street commissioner shall cause proper deeds or convej-ances for the same to be prepared and properly executed, and delivered to the owners or other purchasers, as the case may be, and the amount received for the same shall be paid into the treas- ury to the credit of the improvement. The mayor and city clerk are hereby authorized and directed to execute such deeds or conveyances under the corporate seal of the city. 225 § 6. He shall, whenever any building shall be taken in "uon^buiid- 6 * any proceedings for opening streets, avenues or squares, ings taken - advertise the same for five days, at least, in the corpora- tion newspapers, for sale at public auction at his office, and the same shall, at the time fixed in such advertisement, be sold by him to the highest bidder, and the net proceeds thereof shall be paid into the treasury in like manner as in the case of lands abandoned. § 7. He shall make up and furnish the assessors the To fnrnis1 . 1 ' as - <-> J- sessors with items of expense, and all matters of assessments, except in anTL ms e 2d nse opening streets, avenues and squares, together with a copy maps - of the resolution authorizing the assessment, and a book, (and if necessary a map,) in proper form for having such assessments made therein. § 8. He shall advertise and receive estimates for all work to advertise for ° estimates. to be done for which assessments are to be laid, and such estimates shall be delivered by him to the committee of the common council having charge of the subject matter of such assessments, and opened in his presence, or to the common council, as the common council shall from time to time direct. If delivered to a committee, such estimate shall be opened in his presence by them. § 9. He shall, whenever the common council shall in- To c P ub J, ish ? oti " «j ? ces tor nagging tend to pass any ordinance for flagging sidewalks, fencing, fliii e n^ a up S iots* digging down, filling up or walling lots, publish a notice &c * of such intention, or, if the common council shall so di- rect, cause such notice to be personally served, as the com- mon council shall direct, and he shall cause proof of such publication or personal service to be made and filed in his office before the passage of any such ordinance. He shall prepare such ordinances and superintend all the proceed- ings in relation thereto. § 10. He shall promptly report all delinquent contrac- ^eKJ^- 11 " tors to the common council, and also all contractors who tor3. 226 shall refuse or neglect to perform any part of their con- tracts, or shall neglect or refuse to execute any contract which may be awarded to them. rt?SnI e from § H» He shall have power to remove or cause to be re- the street. moved any obstructions or incumbrances from all the streets, lanes, alleys, roads, wharves and public places in the city. He shall report the person causing any such ob- struction or incumbrance to the attorney and counsellor for prosecution, and the expense of such removal shall be paid out of penalties in the treasury, except for violations of the health ordinance, and the financial officers of the city are authorized to audit and pay the same, and to draw warrants therefor. To grant permits § 12. lie shall have power to grant permits to builders to builders to .. , , , . , _ , . , , occupy streets, and others to occupy, not to exceed one-third of the width of the carriage-way of any street or avenue with building materials, provided, in his opinion, the public interest and convenience will not sutler thereby. All such permits shall provide expressly that they are given upon condition that the sidewalks and gutters shall at all times be kept clear and unobstructed, and that all dirt and rubbish shall be promptly removed, from time to time, by the party ob. taining sucli permit, and all such permits may be revoked by him at pleasure. to grant permits § 13. He shall have power to grant permits to excavate terns, &c.' in any street or avenue, to an extent not exceeding the width of the sidewalk for the purpose of constructing vaults, cesspools, ovens or cisterns, the party applying for such permit to pay to the street commissioner for the use of the city ten cents per superficial foot for every foot so occupied. In case any party shall construct a cistern of the capacity of one hundred hogsheads and upwards, un- der the sidewalk of any street or avenue, and shall consent that the same may be used in case of fire, and shall cover 227 the same as the public cisterns are covered, so that the firemen can obtain free access to the water, the street commissioner is hereby authorized in such cases to grant a free permit for such cisterns. All permits to excavate for any of the above purposes, shall provide that the per- son or. persons obtaining the same, shall at all times prop- erly protect said excavations, as the street commissioner shall direct, so as to prevent accident, and also that the same shall be covered up and completed within the time to be named in such permit ; and the parties obtaining such permit shall execute a bond with sureties to indem- nify the city of Brooklyn against any damage it may sus- tain, or for which it may be made liable as incident to, or in consequence of, such excavation. § 14. He shall insert in all contracts for grading or Sffo? fading paving any street or avenue, and all such contracts shall or paving 8treets contain a provision, that if the contractor or any other person shall bring or cause to be brought on said street or avenue any materials which do not strictly conform to the contract or city ordinances, the street commissioner shall, on behalf of the city, have the right to order the same to be removed forthwith from off such street or avenue, and in case of the neglect or refusal of the contractor, or those employed by him, to remove such materials, to cause the same to be removed at the expense of the contractor, and to deduct the costs of such removal, and all other expenses thereon, from the amount of the contract. In case of the violation of any such provision, he shall proceed as hereby authorized. § 15. He shall insert in all contracts for improvements ? e s ^ J d £ h c e n . payable by local assessment, and such contracts shall con- tracts - tain a provision that the penalty for each day's neglect to complete the work according to the contract, beyond the time fixed therein, shall be five dollars, where the gross amount to be paid the contractor shall be less than five 228 thousand dollars, and live dollars per day additional for every five thousand dollars beyond that sum, to be speci- fied in the contract. He shall in all cases insist on the deduction of such penalties, unless the same be previously remitted according to section 26, of title II., of the city charter. Right to certia- § 16. He shall insert in all contracts for improvements catcs of indebt- *- edness to bo payable by local assessment, and such contract shall con- inserted in con- y . ' tr acts. tain a provision, that on the final completion of the work according to contract, and the auditing of his claim, the contractor shall be entitled to one or more certificates, for the amount due him on his contract, after deducting there- from the amount of all penalties incurred by and charged against him, payable when the assessments shall be col- lected, with interest thereon, from the date of such certifi- cates, if such date be after the expiration of one hundred and twenty days from the delivery of the assessment roll to the collector, or if such time have expired, then to be computed from the expiration of such time. To cause maps § 17. He shall, under the direction of the common coun- to be mada. ... , ni n cil, cause all necessary maps and profiles 01 streets, ave- nues and squares to be made, and* the same shall be filed in his office, together with all original assessments, rolls or lists and reports of commissioners of estimate and assess- ment. He shall keep the record of all certificates of sale made by him for unpaid assessments, with proper indexes, and open during ordinary business hours, for the examin- ation of any parties interested \ therein. All maps, pro- files, and assessment lists, shall also be kept open during business hours for examination by parties interested therein. me^te o^cOTtm?" §18* He shall record in a proper book all assignments oates of sales. or transfers of certificates of sale, made by him for un- paid assessments, and he shall charge and receive the 229 same fees for recording such certificates of sale and assign- ments thereof, as are by law charged and received for sim- ilar services by the register of the county of Kings. § 19. He shall certify to the auditor, in all cases of Jjjgfr to the local improvements, before any claim therefor shall be paid, or certificate of indebtedness issued, the amount due there- on, but he shall give no such certificate unless he first de- duct all penalties and forfeitures under any contract, under which such claim shall be made. § 20. He shall take charge of and keep all reports ofTp keep reports 1 oil of commissioner commissioners for opening streets, and all assessment rolls for opening r o 7 9 streets. for other local improvements, and shall take charge of, safely keep and file in a convenient manner, all petitions) remonstrances, reports, certificates, orders, proofs, and pa- pers connected with the proceedings in relation to such im- provements, and necessary to show the regularity of such proceedings ; and it shall be the duty of the city officers^ who shall have any such reports, assessment rolls, peti- tions, and other papers before named in their possession, to deliver the same to the street commissioner, as soon as they shall have performed any requirement of them by law in relation thereto. He shall, in each matter of as- sessment, file together the papers relating thereto, making up a continuous record of the proceedings as far as may be. ARTICLE IV. THE COMMISSIONER OF REPAIRS AND SUPPLIES. Section 1. The commissioner of repairs and supplies shall ^I^Sfroi? have charge of all repairs and supplies of and for the plies ' his power ' public buildings, station houses and bell towers, wharves and piers belonging to the city, and of and for the pave- ments, sidewalks, crosswalks, public cisterns, fire engines, and other property pertaining to the fire department, 230 lamps and lamp posts, oil and gas, fuel and stationery for the public offices of the city, and of the construction of public buildings, station houses, fire engines, hose carts ? hook and ladders, hose, and other property for the fire department ; and shall superintend the delivery and pre- servation of all supplies of fuel, stationery, blanks and fur- niture for the public rooms and offices of the city, its courts and police stations ; and, under the direction of the alder- men of the wards, superintend the repairs of wells and pumps therein respectively. SemSnrf re- § ^' ^ G s ^ a ^ a PP omt j by anc ^ with the consent of the pairs. common council, a deputy and also a foreman of repairs and supplies, who shall superintend in person all repairs on streets, the men employed and the materials which shall be used for each particular subject of repair, and furnish daily an account thereof to the commissioner. ionebyo°rder of § 3. ^ e s^a-H cause all repairs to be done, when ordered S m™yor. council by tne common council or the mayor, provided the cost thereof for aoy one object, when ordered by the mayor, shall not exceed the cost authorized in this article to be expended for the same object by him with consent of the mayor. ^enecesSty o? § 4. He or^Jiis deputy shall, previous to any of the re- pairs or constructions mentioned in the first section of this article being done, except repairs of wells and pumps, per- sonally examine into their necessity and extent, and, ex- cept for repairs of lamps and lamp posts, report thereon in writing to the common council or to the mayor as here- after provided, unless such work shall have been previous- ly ordered by the common council or mayor, and he shall await and conform to their order respectively on such re- port. of°6t?eete b e ydi- 8j § 5. He shall, whenever requested in writing by the rection of aider- a id ermen f anv wa rd to make immediate repairs of streets or other objects in their ward, not exceeding an expense 231 of fifty dollars for anyone object, report as aforesaid to the mayor, and, with his consent in writing to accompany such request and report, cause the same to be done. § 6. He shall, whenever any necessity shall exist for re- repSrf th^eon pairs of streets, the expense of which repairs will not exceed ^ y a ££ sentoft e twenty-five dollars, report as aforesaid to the mayor, and, with his consent in writing to accompany the said report, cause the same to be done. § 7. He shall, whenever requested in writing by the ^e^eiis aldermen of any ward in which the same is situated, togJ^ nofftI - repair a well and pump, cause such repairs to be done. § 8. He shall, whenever requested in writing by the gines°b^con£rat " , -i • of the mayor. chief engineer of the fire department, to make repairs of any fire engine, hose cart, hooks and ladders, hose, or other machines or apparatus, for the use of the fire depart- ment, or of any public cistern, the expense of which re- pairs will not exceed twenty-five dollars, report to the mayor, and with his consent in writing to accompany said report, cause the same to be done. § 9. He shall, whenever any necessity shall exist for re- and^^^Ss- pairs of any lamps or lamp posts, or for filling public cis-^. pubhccls " terns, cause the same to be done. § 10. He shall in all cases of repairs necessary to be To report to the * L . _ . common council done, and not in this article otherwise provided for, and m in other cases, all cases of construction, report to the common council and await its action on such report, on or before the first day of February, 1857, and in that and every year there- after. § 11. He shall, in the month of November, make up £ p J*Jf 156 for schedules of articles of supply required for the ensuing year by the city, enumerating the different articles, and stating the quantity, quality and time and place of delivery 232 of each article, and after submitting the same to the major, and obtaining his consent, advertise the same in the corporation newspapers for one month, inviting pro- posals to furnish the articles so enumerated or any of them, with the right of the common council to reject any and all bids, which proposals shall be delivered to the city clerk unopened, and be by him opened in the common council at its next regular meeting. Sets made" § 12. lie shall cause contracts to be made out in writ- therefor. - D g an( j execn t ec j by the bidders, whose proposals shall be accepted and their surety or sureties respectively on the one part, and by the comptroller on behalf of the city on the other part, and after copying the same in a book to be provided for that purpose and kept in his office, file the originals retained by the city in the comptroller's office. To superintend g 13. He shall superintend the receipt and distribution the receipt and ox r M^E Uon of of such supplies, and to enable him the better to prepare the schedules in this article before mentioned, he may re- quire from every city officer who need any supplies for his office or department, .an estimate of the same ; and it is hereby made the duty of every such officer to prepare the same. ^ piie^to the Bup " § ^ ^ e s ^ a ^ deliver to tne nea( ^ s of departments, jus- offices, tices of the peace and police justices, upon their written order, such and so much of said articles as they shall re- quire from time to time, for the use of their offices or de- partments ; but no articles not enumerated in such sched- ule and furnished by contract, shall be purchased or sup- plied without the consent of the mayor if they do not ex- ceed twenty-five dollars in value, or without the order of the common council if they exceed that sum in value when to pur- Such non-enumerated articles he shall buy in open market mented articles. at the l° west current prices, and the bill thereof, with such 233 consent, shall be delivered to the auditor and filed with the comptroller before payment. § 15. He shall, whenever any repairs shall be made by Jj^JJJj^ tllL . him, deliver to the auditor a statement in writing, to be repsdvl for signed by him, of the cost thereof, and also the request, report and consent, or such of them as by this article are required, or, if ordered by the common council, a copy of their resolution, certified by their clerk, to be filed with the comptroller before payment, and for this purpose he shall cause a correct account to be kept of the work done and materials furnished in each case. § 16. He shall, whenever anv supplies shall be furnish- And certify to « 9 J Sri him in cases of ed, and the contractor or seller of the same shall be en- 6U PP lies - titled to his pay therefor, certify in writing to the auditor, that the same have been furnished according to contract or sale, such certificate to be filed with the comptroller be- fore payment. § 17. He shall enter in suitable books, to be kept in his to keep books of . . account. office, an account of all the expenditures of his depart- ment, and of each separate branch for which distinct ap- preciations shall be made, and he shall in no case incur any expense for any object for which an appropriation shall not have been made. In case of failure of appropri- ation, he shall communicate to the comptroller such in- formation as may enable that officer to report to the com- mon council, as required by this ordinance. § 18. He shall keep a list of all the lamp-lighters in the To superintend J x r ° and pay lamp- city ; and of the districts, number of lamps in charge of, lighten, and quantity of oil or fluid delivered to each ; he shall in case of the neglect of any lamp-lighter to clean, trim, or light the lamps within his district, report such delinquent to the mayor ; and he shall render to the auditor a monthly statement of the amount due to the lamp-lighters severally, to be filed with the comptroller, and shall receive 16 234 the amount from the comptroller, and pay to the lamp- lighters their respective amounts, and take their receipts therefor, and immediately thereafter deposit the same in the comptroller's office. SciS^toishleT § 19. He shall require all supplies of oil and other arti- by contract. c ^ es ^^3}^ by contract, to be delivered to him person- ally or in his presence, and it shall be his duty personally to superintend such delivery, and not to furnish oil or other burning fluid to the lamp-lighters or any other arti- cle to any officer or department, or to use the same for re- pairs or supplies without first inspecting the same himself, to see that it conform to the conditions of purchase. He shall endorse on each contract, or enter in a book to be kept for the purpose, the time and quantity of each article supplied by contract. To keep an ac- § 20. He shall keep an account of the names and time of each subject of all men employed by him, and of the work upon which they shall be engaged, and of the materials provided or used for repairs, so as to show the exact cost of each sub. ject or occasion of repairs. Expenses, how § 21. The financial officers of the city are hereby authorized to audit and pay the bills for repairs and sup- plies to be^made and furnished according to the provisions of this article, and also the monthly bills of lamp -lighters, and to draw the necessary warrants therefor. AKTICLE Y. THE AUDITOE. Auditor, Lis Section 1. It shall be the duty of the auditor to audit all duties. bills or claims presented against the city, before payment thereof ; but no bill or claim shall be audited or paid un- less the same be first presented to the common council? 235 and by it referred to the auditor ; or unless it be for a lo- cal improvement, payable from the proceeds of local as- sessments, or for an object specially provided by ordi- nance, to be done by some other department of the city government, and to be audited and paid for ; or unless it be for cleaning streets or for repairs of wells and pumps, when not made by the commissioner of repairs and supplies. § 2. He shall enter all bills or claims sent to him in ap- ^Ybookf 1 bilh propriate books in the order presented — such entry show- ing the date and items of each claim, when and by whom rendered, the amount claimed and the amount allowed, and the account to which it shall be chargeable. § 3. He shall examine all bills or claims, and the items $$££ n d gf" - of each ; and after certifying such bills or claims, he shall P° s « d of - deliver such of them as may have been referred to him by the common council to the finance committee, and all others to the comptroller. He shall send all bills or claims rejected by him to the common council, or to the ^ts^tdW. department from which they shall have come, or for re- pairing wells and pumps when not done by the commis- sioner of repairs and supplies, or for cleaning streets, to the aldermen of the ward, with a statement accompany- ing each of them, of the grounds upon which he shall have rejected them. He may, if he deem proper, send to the common council such rejected bills as may have come from the departments. § 4. He shall certify no bill or claim payable out of the No bin to be general fund unless the expenditure shall have been au- mentouTo/the thorized by a resolution of the common council, or by SnSaShorfeed . i • t i t • i by resolution or ordinance ; nor m any case authorized by ordinance with- ordinance, out the certificate of the heads of the department directed by such ordinance to make such expenditure, and such other vouchers as such ordinance may prescribe. 236 JeSifeSf § & IIe s h al l certify no bill or claim payable out of tlic jSflcatesf^ 11 special fund unless upon the certificate of the street com- missioner and counsellor in all matters of opening streets, parks or squares, and upon the certificate of the street commissioner and a city surveyor in all improvements, where the services of a city surveyor are employed, except opening of streets and squares as aforesaid, and upon the certificate of the street commissioner in all other cases certifying that the claimant, in matters of opening streets and squares, is entitled to the amount, without deduction for any assessment, mortgage, judgment or other incum- brance, and that the claimant in other matters has fully and faithfully performed his contract, or furnished the ma- terials, and is entitled to the amount, and that all penalties or forfeitures for neglect or non-performance of the con- tract have been deducted. war?fira£ e § 6 ' He slia11 - cert % no kill for repairing wells and Ste?the e ^der.P um P s » wii e n suctl re P airS shall not have been done by ,nen - the commissioner of repairs and supplies, or for cleaning streets, unless upon the certificate of the aldermen of the ward of the amount due, and that the contract has been fully and faithfully performed, and all penalties deducted. Auditor to in- R 7, Noting in the last three sections contained shall r counsellor, of the counsellor, whenever any action shall be commenced against the city, or any proceeding instituted to which the city shall be a party respondent or, defendant, examine into 243 the facts and ascertain as fully as practicable the grounds upon which such action or proceeding shall be based, and of the defence, if any there be thereto, and report the same in writing to the counsellor, with the testimony, and names of witnesses, which it will be in the power of the city to produce on the trial or hearing thereof. § 9. The assistant attorney shall, subject to the direction And prosecute ° to claims in favor of the counsellor, prosecute all actions in behalf of the oftbe ce- city, for the collection of all claims due to it for purposes other than for local improvements ; but he may in impor- tant or intricate cases require the aid of the counsellor in such actions. § 10. The assistant attorney shall, subject to the direc. An J for violation of tions of the counsellor, prosecute all actions for penalties ordinances, for violations of ordinances ; and shall, in a register pro- vided for the purpose, enter the nature of the complaint, against whom and by whom made, and the time such com- plaint shall be made to him, with all the proceedings taken by him, to collect such penalties. He shall, in all cases, cause the judgment of the court therein to be executed forthwith. If such judgment shall be appealed from, he shall conduct the proceedings on such appeals, but may re quire the aid of the counsellor when necessary. § 11. The assistant attorney shall, when directed by the T <> draw convey- counsellor, draw any leases, deeds, or other legal papers section of coun- for the city, and when drawn, submit them to the coun- sellor for his approval. to cenwraris. § 12. The assistant attorney shall, subject to the direc- To make returns tion of the counsellor, whenever a certiorari shall be issued against the city removing any proceedings, make return thereto within forty days, unless the court shall order it to be done sooner. He shall immediately notice 244 Appearances in actions by or the same for argument, and furnisli the counsellor with all such papers as may be necessary therefor. § 13. The said attorney and counsellor and the said as- asainst the city. s i s tant attorney are hereby respectively authorized to ap- pear in and to conduct or defend for and on behalf of the city any action or proceeding in this article before men- tioned, to be brought or defended by them respectively. § 14. The counsellor shall nominate to the mayor, who shall appoint one of the constables of the city, who shall serve all process issued by or in the name of the city, board of health, and all subpoenas issued on their behalf; and who shall return monthly to the counsellor, a detailed statement of all process and subpoenas served by him be- fore receiving his compensation for such service, which compensation is hereby fixed at three hundred dollars a year each, in place of all fees and perquisites for such Counsellor to nominate two constables to serve process. service. ARTICLE IX. Treasurer to make weekly returns to the comptroller. To deposit mon- eys daily. THE TREASURER. S Section 1. The treasurer of the city shall make a re- turn weekly to the comptroller of all moneys received by him, and from whom, and on what account they shall have been received ; also of all moneys paid out by him, and on what account they shall have been paid. § 2. He shall deposit daily, to the credit of the city, all moneys received by him, in some one of the banks se- lected by the common council for that purpose, and in de- fault of any such selection, or in case the banks so selected shall have on deposit moneys of the city equal to one- quarter part of their capital respectively, actually paid in, then in such banks paying to their stockholders half-yearly dividends of profits, as he may think fit> but no greater amount shall be deposited in any bank than shall be equal to one-quarter part of its capitalstock. §3. In case he shall hereafter deposit any moneys in Toreport to corn- banks other than those selected by the common council, he by n M m s . elected shall report to the common council the names of the banks in which he shall so deposit, and the terms, if any, upon which such bank or banks shall have received the deposits ; and thereupon and until some different order by the common council in relation to the deposit of such, moneys, such bank or banks shall be deemed to be deposit banks of the city of said moneys, and of any further mon- eys, upon the terms upon which he shall have agreed with said bank or banks to receive them. § 4. He shall, whenever anv deposit bank of the city to withdraw de- ° , ,. t ~ . posits from non- shall omit to pay half-yearly dividends of profits to its jjjjjgj 11 * 1 p»w stockholders, immediately draw out such moneys of the city as may be on deposit therein, and deposit the same in some other bank or banks under the restriction mentioned in sections two and three of this article ; and the financial officers of the city are hereby authorized to draw the ne- cessary warrant or warrants of transfer for the purpose. § 5. He shall, whenever the moneys of the city on de- To withdraw ... ,, . , moneys when posit in any bank or banks are m his opinion in jeopardy, they may be in draw them out of such banks with the consent of the may- Je ° palU7 ' or and finance committee, and deposit them in some other bank or banks, under the restriction mentioned in sections two and three of this article ; and the financial officers of the city are hereby authorized to draw the necessary war- rant or warrants of transfer for the purpose. 246 ARTICLE X. THE CITY CLERK. city clerk to Sectiox 1. The city clerk by virtue of his office is keep minutes of , , p . . , p , . . , , the different clerk oi the common council, oi the ioint board 01 the boards. * . ' _ , J . common council and supervisors of the city, of the board of canvassers of votes given for city and ward officers, of the board of excise, and of the board of health ; and it shall be his duty to attend the meetings of the said board, respectively, and keep correct journals and minutes of the proceedings thereof, and record the same in separate books to be kept in his office. To have custody § 2. He shall have the custody and charge of the cor- of the corporate u -i i n . seal porate seal of the city, and shall cause it to be affixed to such instruments and writings as he may be authorized to do by any resolution or ordinance of the common council, or as may be necessary to exemplify any document of re- cord in his office or to certify auy act or paper, which from the records in his office shall appear to have been a public act of this corporation, or a public document. He shall not affix the said seal, or cause or permit it to be affixed to any instrument or writing or other paper, except as in this section provided, unless required to do so by some statute of the state. And of the city § 8. He shall have the custody and charge of, and shall documents. safely keep all records, documents, papers and maps in proper files, and also the printed books and documents belonging to the city, or to the late towns, villages and cities of Brooklyn, Williamsburgk and Bushwick, or to belong to the city, except such as shall necessarily per- tain to the business of any other department of the city, or be transferred thereto by order of the common coun- cil. 247 § 4. He shall cause all ordinances, by-laws, rules or res;- To engross the u CJ ordinances. ulations passed by the common council imposing a penal- ty, or prescribing or regulating the duties of the city officers, to be carefully and fairly engrossed in books to be provided for the purpose. He shall engross all such or- dinances, by-laws, rules and regulations, except such as shall be passed under the provisions of sub-divisions 22 and 23, of section 13 of title II. of the city charter, and except such as may be of a similar character, that is of a special application, in a separate book, to be known as the records of general ordinances. He shall engross all such ordinances, by-laws, rules or regulations as are hereby ex- cepted from the book of general ordinances, in a separate book to be known as the record of special ordinances. He shall cause each ordinance, by-law, rule or regulation when so engrossed to be signed by himself as clerk, and also by the mayor. He shall engross, after each general ordinance, a copy certified by himself, of the proof of the due publication thereof ; but his omission to engross any such ordinance, by-law, rule or regulation, or proof of pub- lication thereof as directed, shall not impair or affect its validity in any respect. § 5. He shall, upon the final passage of any ordinance And publish or resolution of the common council, prepare a copy of such as require a publication under the charter, or by the provisions of such ordinance, and cause the same, properly attested, to be published in the corporation newspapers, and shall file in his office the requisite proofs of such pub- lication. § 6. He shall cause entire copies of all reports of com- To engross re- mittees of the common council and of the city officers, te°eTa£ddt? m after they shall have been finally acted upon by the com- officer3, mon council, together with a statement of the action there- on, to be made in proper books, to be kept for that pur- pose with proper indexes. 248 nanSSSd?^ § 7 * He sna11 without delay present to the mayor every apprm-ai'oftbo ordinance or resolution of the common council, required m&y0T ' to be acted upon by the said mayor, duly certified, and as soon as practicable after final action shall be had in the pas- To famish copy saee of any special ordinance or resolution, deliver a certified resolutions to J L 7 officers. copy or statement of .the same to the departments or officers of the common council, to whom such ordinance or reso- lution may refer, and to all committees, such resolutions and communications as may be referred to them by the To issue notices, common council. He shall issue notices to the respective members of the different committees of the board, and all persons whose attendance may be required upon such com- mittee, when directed so to do, by the chairman thereof, to be served by the messenger of the common council. To keep an ac- § 8. He shall keep an accurate account of all warrants. count of war- v . • A v. . ' rants on the countersigned by him, directing moneys to be drawn from the treasury, in a book to be provided for that purpose, showing the date, amount and number of each, the account to which the same shall be charged, and the bank upon which it shall be drawn or by which it shall be directed to be paid. To receive H- § 9. He shall countersign all licenses granted by the cense moneys. ma y 0r or common council under the charter and ordi- nances of the city, and receive all sums paid for the same. To keep and ren- § 10. He shall enter into a book provided for that pur- ser an account of , , r> n ry i • i i aii moneys re- pose the names of all payers of moneys which he may re- eiv.db} him. QQ ^ YQ £ Qr ^ amoun t s so received and the object thereof, and shall render a faithful and distinct account of all such moneys to the comptroller monthly, and there- upon pay over the same to the treasurer of the city. To furnish fire- § 11- He sna ^ furnish the certificate required to be fur- cates* certm " nished to all persons appointed firemen without fee or eward. 249 §12. In the absence of the city clerk, in conse- Assistant clerk, quence of sickness or otherwise, the assistant clerk shall be empowered to perform all the duties of the city clerk. ARTICLE XL ASSESSORS. Section 1. The board of assessors shall regularly meet Assessors to ° , meet weekly. once in each week, except daring the summer recess, if any, of the common council, on such day and hour as they shall, by their own by-laws, determine, and as much oftener as may be necessary, for the purpose of hearing parties inter- ested in assessments, as well before as after the same shall be made, -and for the transaction of any other business which may come before them. § 2. The secretary of the board shall call the roll of secretary to members at that hour, and shall keep minutes of the p ro . keepminute - ceedings of the board in a book provided for that purpose, and enter therein the names of the members attending at each meeting. § 3. The board of assessors shall apportion any errone- Assessors to ap. ous tax or assessment which shall be sent to them by the an? aSessments collector of taxes and assessments, pursuant to the provi- sions of this ordinance, and deliver the apportionment and affidavit and statement sent them by the collector to the person or persons mentioned therein, for the purpose of being annexed to their petition to the common council for the correction of such error. ARTICLE XII. CITY SURVEYORS. Section 1. Every city surveyor shall reset all monu- city surveyor? J J n . to reset monu- ments which shall be dug down, covered over or in any way ments. 17 250 disturbed in grading any street or avenue under his charge. Toftunishoe^ g 2. Every city surveyor shall, whenever required by lone. the street commissioner, furnish a certificate of the amount in value of work done by any contractor for any local im- provement in his charge, and also, at the final completion of the work, and not otherwise, furnish the street commis. sioner a certificate that the work has been completed accord- ing to contract. ARTICLE XIII. INSPECTORS OF PAVEMENTS. inspectors of Section 1. The inspectors of pavements shall superintend pavements to r i r lin^aud pavS» ^ Q & rac ^ m &> turnpiking, setting curb and gutter, and paving streets. f a ft streets, avenues and alleys done under contract, and the relaying of the pavement of any street where the same shall be removed in the laying of gas pipes, water pipes, railroad tracks, or for any other purpose. [ndSteriais^ § ^. They shall attend the work as it progresses, and inspect all paving, curb and gutter stones, and stones for crosswalks, also the gravel under and covering upon the pavements, the width and gravelling of the sidewalks, the manner of paving and all the materials and work used or done under such contract with the city ; and they shall, if any materials shall be bought or used upon any such street, avenue or alley not of the size or quality specified by the contract or ordinance, or any work be not properly done, direct the contractor to remove such materials imme- diately therefrom, and to take up such work, and if the same shall not be removed within two hours thereafter, they shall cause it to be done, and report the expense thereof to the street commissioner, which expense shall be deducted from the amount of the contract. 251 § 3. They shall, upon the completion of any such con- J^^JJ^ J hcn tract, and not otherwise, certify the same in writing to the ^gii be com- street commissioner. ARTICLE XIV. CLERK OF THE MARKETS AND INSPECTORS OF MEAT. Section 1. The clerk of the markets shall have charge S-wsdutTe"" of the James street market, owned by the city ; take care of the buildings thereof ; attend therein daily ; collect all market fees and rent, as fixed by the market committee, weekly or sooner, as they become due ; cause such mar- ket and limits to be kept clean ; determine all questions between butchers, fish-mongers or hucksters, touch- ing their relative rights of location in and about such mar. ket ; assign, so as not to interfere with the public travel ? for the purpose of selling fruits, vegetables, country meat, fish, or other articles, under the direction and permission of the market committee to the parties so permitted, their stands within the market limits as heretofore used, namely, from the market in market street to Fulton street, in James street, from Mercein street to a point midway between the market and Main street, and in York street, from the mar- ket to Main street, and in Mercein street and Garrison street, adjoining the market ; keep a list of all persons oc- cupying said market or any portion thereof, or of the limits thereof, who shall be liable to pay rent, fees or li- cense, with the time of the commencement, and of the ter- mination of such occupation and the amount collected from each ; exclude and remove from the market or mar- ket limits all articles whether of sale or used for the pur- pose of sale, unless in pursuance of a license or permit ; inspect monthly or oftener, as may be necessary, all weights, measures, beams and scales, used in and about the market in weighing and measuring ; perform in and about 252 the market the duties which arc required of the meat in- spector by this ordinance, as to shops and dealers in meat; follow such directions as may be given him by the market committee in relation to such market ; and report forth- with all violations of the ordinances in respect of the mat- ters pertaining to his office to the assistant attorney. melT-thei? f § ^* ^ G inspectors of meat shall visit daily in the fore- dnties. noon the different shops or places, other than the market owned by the city, where meats shall be exposed for sale in the districts assigned them respectively by the mayor, and ascertain whether any meat there offered for sale is unwholesome, or is the flesh of any animal dead by acci- dent or disease ; caution purchasers against any so ascer- tained, and forthwith report to the assistant attorney for ' prosecution, all persons selling or exposing the same for sale or^otherwise violating the provisions of the ordinance for the preservation of the public health ; they shall as- certain the names and location of all dealers in meat in their respective districts except in the market owned by the city, and report the same to the assistant attorney on the "first Monday of every month, designating in such re- port such as are licensed, and such as are not licensed ; they shall visit daily the different slaughterhouses in their respective districts and ascertain whether they conform to the ordinances affecting them, and especially to the pro- visions of the ordinance for the preservation of the pub- lic health"; they shall report forthwith to the assistant attorney for prosecution all violations thereof, and they shall follow such directions as may be given them from time to time by the market committee. Adopted in common council December 26, 1856. Approved by the mayor December 30, 1856. 253 CHAPTER II. AN ORDINANCE PROVIDING TO LICENSE AND REGULATING CARTMEN, OWNERS AND DRIVERS OF HACKS, CABS, OMNIBUSES, STAGES, TRUCKS, CARRIAGES FOR THE TRANSPORTATION OF PASSENGERS AND ARTICLES OF VARIOUS KINDS, AND OF RAILROAD CARS, BUTCHERS, COMMON CRIERS, HAWKERS, PEDDLERS, PAWNBROKERS, JUNKSHOP KEEPERS, SWEEPS AND SCAVENGERS; AND FIXING THE RATES OF COMPENSATION OF CERTAIN OF THEM. The Common Council of the City of Brooklyn do ordain as follows : AKTTCLE I. OF LICENSES. Section 1. Licenses shall be granted by the mayor, JjJJJJJJ^y be from time to time, to such persons as he may deem prop- mayor, er, residents of the city of Brooklyn, of the age of twenty-one years, and of good moral character, and not otherwise, to carry on the business or trade, or to act in the capacity of coachmen, porters, owners and drivers of hacks, cabs, omnibuses, stages, express wagons, peddlers' wagons, and junk wagons or carts ; and of common criers, hawkers, peddlers, pawnbrokers, junkshop keepers, sweeps, scavengers, butchers, and meat-sellers ; but no person shall be licensed as a cartman, except as a dirt cartman, unless he shall own a good horse and cart over and above all debts due by him, and shall be a citizen of the United States ; and no person shall be licensed as a keeper of hacks, cabs, omnibuses or stages, unless he shall be the owner of two good horses and of a good hack, cab or om- nibus, and be a citizen of the United States. § 2. All licenses granted for the purposes mentioned in what to contain, the preceding section of this article, shall expire on the 254 first Monday of May next after the same shall be granted, and shall respectively state the purpose for which they shall be granted, the number of the license and the name of the person licensed ; and in case of omnibuses and stage coaches shall also state the avenues and streets to which their route shall be limited. fberefor . bepaid § 3- Tlier e shall be charged and paid to the city clerk, for the use of the city, on issuing the licenses mentioned in this article, the following sums : For each stage or omnibus, ten dollars. For each hack, cab, express wagon, peddler's wagon, junk wagon or cart, peddler or junk dealer, three dollars. For each dock or furniture cart, one dollar and fifty cents. For each dirt cart, fifty cents. Fot? each charcoal, fish, fruit or vegetable wagon, truck or cart, two dollars. For each pawnbroker, fifty dollars. For each butcher or meat dealer, one dollar. For each driver of a hackney coach, cab or omnibus, other than the person licensed to keep the same, one dollar. ARTICLE n. REGULATIONS OF LICENSED PERSONS. renames upon Section 1. Any person licensed as authorized bv the licensed persons. . first article of this ordinance, who shall violate any pro- vision of this ordinance, shall be liable to pay a penalty of ten dollars for each offence. For taking & 2. No person licensed as aforesaid, shall ask, demand, srreater compen- v x sation than that or \)q entitled to receive any lamer sum for his services, fixed hy this J c ' ordinance. j n cases w h e re his compensation is fixed by this ordinance, than is so fixed ; and in case of disagreement as to his compensation, whether under the provisions of this ordi- 255 nance or in cases where the compensation is not fixed hereby, the same shall be determined by the mayor. § 3. No person licensed as aforesaid shall, in cases where J^jjj**^ the rate of compensation for the service performed by him shall be fixed by ordinance, refuse or neglect to exhibit to the person employing or dealing with him, when request- ed so to do, a card or book, on which shall be printed or plainly written his name, the capacity in which he shall be licensed, the number of his license, and the rates of compensation fixed for his services by this ordinance ; or, if he be licensed as a hack owner or driver, shall neglect "to place a similar card, with the name both of owner and driver, in addition, in each hack, so that it shall be obvi- ous to all passengers therein. § 4. No person licensed as aforesaid shall refuse or neg- JJjjSSlSf lect to act within the city in the capacity for which he censed ca P acit - v shall be licensed, upon being applied to for that purpose, when on his stand or otherwise publicly waiting for em- ployment, and upon being tendered the fare for the same as fixed by ordinance, by any person requiring the service. § 5. No person licensed as aforesaid, shall stand waiting For obstructing ' the streets. for employment with his vehicle in any street, high- way or public place, except as now established or accus- tomed, or as shall be hereafter designated by the mayor, who shall have power to make such designation, and to alter the same from time to time, as well the stands now established or accustomed as those to be designated ; nor shall anv person so licensed refuse or neglect to conform For neglecting u J x ° comply with to such regulations as shall be adopted by the mayor, in jj* 'ggjjj regard to the order or arrangement of vehicles on such stands, who is hereby authorized to make such regulations from time to time as he may deem proper. § 6. No person licensed as aforesaid shall be entitled toSjSJ'fflo transfer his license, or shall permit others to act under the SSSaT 25G same, or shall violate any restrictions contained in his li- cense; but each license shall authorize the person named therein, and no other person, to act in the capacity therein designated, except in case of sickness of the person so li- censed, in which case the mayor may in writing permit another person to act for and on behalf of the one sick du- ring such sickness, and revoke such permission at plea- sure, and the provisions and penalties of this ordinance shall apply to the person so permitted in the same man- ner and extent as far as may be as if he were licensed un- der this ordinance. •mmSofhis § ** Every person licensed as aforesaid shall have the* license on his number of his license conspicuously marked on the outside vehicle. 1 J of any cart, wagon, hack, cab, omnibus, or other vehicle which he may be authorized by such license to drive ; and And if a porter every porter, and every peddler, who shall not be author- or peddler, upon . - 1 :, is person. i zec [ to use a wagon, or who shall not use a wagon in his business, shall wear a badge in a conspicuous place, on which shall be engraved his name and the number of his license. Licenses may be § 8. Any person licensed as aforesaid who shall violate any regulation or provision of this ordinance, shall, upon conviction, have his license revoked. jartmen notto R 9, No cartman shall use a cart or dray with iron shod use certain v * wheels. wheels, unless the iron or tire around the wheel thereof shall be not less than three inches in breadth, and the nails with which the tire shall be nailed or fastened to the wheel shall be sunk into the iron or tire so that the heads to such nails shall not project beyond the surface thereof: nor shall he use any cart or dray not shod with iron in the manner aforesaid, unless the rims of the wheels shall be not less than four inches and a half broad and eight inches deep, when new. xor to transport & 10. No cartman shall use any sled, cart or dray for •ertain articles, 257 transporting any manure, sand, earth, mud or clay, unless JJ^pt in ccrtain the same be provided with a close box, the front and sides of which shall not be less than two feet in height, and the tail board not less than sixteen inches high, if he be not licensed as a dirt cartman, or the front and sides less than eighteen inches in height and the tail board not less than twelve inches in height if he be licensed as a dirt cartman. § 11. No cartman shall use any sled, cart or dray for Nor to permit . . 1 any article to transporting any article whatever, unless the same be so fail in the street, provided as to prevent such article, or any portion thereof, from dropping or falling upon the street. § 12. No cartman shall cart or carry any firewood unless Nor to cart fire - J j j wood except the stanchions of the cart or sled which he shall employ ^^JfjoSe to cart or carry the same be four feet five inches high from load - the floor of the cart or sled, and no higher ; nor unless the breadth of such cart or sled between the two foremost stanchions shall be two feet, five inches, and between the two hindmost stanchions shall be two feet, nine inches, and no more ; nor unless he shall carry between the said stanchions thirty-seven feet, ten inches and two-thirds of an inch, cubic measure, of wood, closely stowed, for a load, which quantity shall constitute and be deemed a load for the carting, selling and buying such wood. § 13. No cartman shall cart or carry any anthracite or N x ° c r e *° t ™"£ain al hard coal which shall be sold within the city, unless the J™ ntity t0 the same shall be first weighed ; nor unless two thousand pounds of dry coal shall be allowed to the ton, and a suit- able allowance be made in addition when the coal shall be wet or damp, which quantity shall constitute and be deem- ed a' ton for the carting, selling and buying such coal ; and no person shall sell, and no cartman'shall cart or transport any such coal from any coal-yard or other place in the city of Brooklyn without being first weighed as aforesaid, un- der the penalty of twenty-five dollars for every load, or part of a load, so sold, carted or transported. 258 fated! hops resu " § ^ All persons licensed as junk shop keepers may keep shops for the purchase, sale or barter of junk, old metals or any second-hand articles, at such place and in such manner, and during such hours only, as the license shall direct. They shall keep a book in which shall be written, at the time of every purchase, a description of the article or articles so purchased, the name and residence of the persons from whom, and the day and hour when such purchase was made, which book shall be at all times open to the police. They shall not purchase or receive by way of barter or exchange any article of any minor. Any person violating this section shall be liable to a penalty of twenty-five dollars. aptoauuoSSed § All persons licensed under the provisions of this shops. ordinance who shall keep shops, stores or offices for the business of such license, shall have and keep signs attached thererb, publicly, on the street side, setting forth their names and business, respectively. ARTICLE III. OF PEESONS ACTING WITHOUT LICENSE. fu tHce S n s n etI ith * Section 1. No person shall drive within the city of oi^SnVSor Brooklyn for hire or wages, any cart, sled, truck, dray, lure ' wagon, or use any hand cart or barrow for the transporta- tion of any merchandise, goods, or articles of any kind, or drive or cause or permit to be driven, any hackney coach, carriage, cab, omnibus or stage for the transportation of passengers without being first licensed by the mayor to do or cause the same to be done, under the penalty for each and every offence, to be paid by the owner and driver severally and respectively, of twenty-five dollars when driven for the transportation of passengers, and of ten dollars when driven for the transportation of merchandise, goods or articles of any kind, except dirt, sand, gravel, clay, or paving stone or building rubbish, and of five dol- 259 lars for the transportation of dirt, sand, gravel, clay, pav- ing stone or building rubbish. § 2. No person shall drive within the city of Brooklyn, jj^®*" any express wagon, junk wagon, or cart, or peddler's p 6 ^"' wagons wagon, or follow the business of a peddler or junk dealer, without being first licensed by the mayor, under the pen- alty of five dollars for each offence, to be paid by the owner and driver severally and respectively. § 8. No person shall exercise or carry on within the SiVbu^ne^of a city of Brooklyn, the trade or business of a butcher, or butcber - any branch or part thereof, or of a seller of meats, without being licensed by the mayor, under the penalty of fifty dollars for each day he shall so exercise or carry on any such trade or business, or branch or part thereof. § 4. No person shall drive any charcoal, fish, fruit ^ ny or vegetable wagon, truck or cart, or crv or hawk for fruit, or Vegeta- 00 J ble wagon. sale within the city of Brooklyn, charcoal, fish, fruits or vegetables, without being licensed therefor by the mayor, under the penalty of five dollars for each offence, to be paid by such crier or hawker, and by the owner and driver of any such wagon, truck or cart, severally and respect- ively. § 5. No person shall carry on the business of a pawn- or to carry on broker within the city of Brooklyn, without being licensed pawnbroker, by the mayor, under the penalty of one hundred dollars for each day he shall carry it on. 8 6. No person shall carrv on the business of a chimney or that of a w A J J sweep or scaven sweeper, or of a scavenger, within the city of Brooklyn, ger. without being licensed by the mayor, under the penalty of five dollars for each offence. AETICLE IV. THE BROOKLYN CITY RAILROAD. Section 1. The Brooklyn city railroad shall be subject Brooklyn city J r ° Railroad— regu- to the following regulations : lation3 as t0 w 260 li?e ir ir°s f running 0") There sna ^ be at d\ times when practicable between the hours of 6£ A. M. and 12£ at night from the loth of November to the 1st of May, and the hours of 5 J A. M. and 12 2 P. M. in the other months, cars running on the respective routes of the said company from the ferries to their respective depots as the public travel shall require; and beyond the respective depots of the said routes, and on Hamilton avenue, the said company shall run cars at such times as shall be required by the mayor. them StoppiDg (2-) Cars stopping at a street intersection shall stop at the further walk thereof, so that the cars shall not, when stopped, interfere with the travel on the cross streets. of S s p°eed eir rate ^ ars sna ^ not ^ e driven at a greater rate than five miles per hour. ScuTate f r ,h0VV § 2 - Tnc amount to be paid by the said company to the city ^r running their cars, shall be calculated on the ave- rage number of cars running annually on each route re- spectively, excluding the extra cars run on holidays. § 3. The mayor shall have the power, upon any complaint made to him, to require any conductor or driver of the company to appear before him, upon a notice of at least twenty-four hours, and if, upon investigation and exami- nation of witnesses, he shall adjudge that said conductor or driver has been guilty of insolence, extortion, or reck- less or other improper conduct, he shall notify such determi- nation to the president of the company, and thereafter such conductor or driver shall not act as such without the per- mission of the mayor, company to § zj. # i n order to facilitate the public travel, the said clear snow from ° _ J- tracks. company are authorized and required to clear their tracks of snow during the falling thereof, or immediately thereafter, to the distance of two feet outside there- of. The said company shall not place or pile any such snow or ice on the sidewalk or in the gutters to the distance of one foot from the curb stone, nor such snow or ice in the space between the said tracks and gutters where Mayor to have power to dis- charge conduct- ors and drivers. 261 the owner or occupant of any premises shall have removed the same from the said space in front of such premises, nor shall such company place or pile any such snow or ice at the intersection of any street or avenue so as to prevent the passage of carriages, sleighs or foot travellers from or to any street or avenue crossing such track. § 5. The said company shall not, nor shall any con- p e ° r s o y t r °Jf d r e in ductor, permit any person who shall be indecent or scan- thecars * dalous in behavior, or filthy or foul in person, to be car- ried in the cars ; nor shall any such person be allowed to remain in the cars. § 6. The cars of the said company shall have the right of cars to have the , . , . . , . , . right ol track. their tracks as against any person, carriage, vehicle, or in- cumbrance put, driven or being thereon with a view to delay or embarrass the progress of the cars ; and no per- And not to be i n i i obstructed. son shall obstruct the said tracks or obstruct or prevent the cars from running or progressing thereon, or remain or keep any vehicle on said tracks in the way of any car, if there shall be opportunity to turn off. § 7. The cars of the said company shall be distinctly {J 1 ^ be num * numbered, both outside and inside. § 8. It shall be the duty of the conductors and drivers Conductors and , i i *i i drivers to give to give their names to any passenger who shall request the their names, same. § 9. The said company shall, whenever required to do so company to fur- u . - 1 - rush names of by the mayor, furnish a list of all the conductors and dri- conductors and J ■* ' drivers. vers, and of any one of them conducting or driving any car at the same time. § 10. The said company shall be liable to a penalty of ^tionofthS Ti ° fifty dollars for any violation on their part of any provision article * of this article; and any conductor, driver, or other person, violating any provision of this article, shall be liable to a penalty of ten dollars ; and it shall be the duty of the po- lice to enforce the provisions of this article. 262 AKTICLE V. RATES OF COMPENSATION TO CERTAIN LICENSED PERSONS. Section 1. The rates of compensation to persons li- censed as aforesaid, for the services hereinafter mentioned, are hereby fixed as follows : ca°ruE sation t0 0-) car toien, for loading, conveying and unloading goods, wares, merchandise and other things, when the dis- tance shall not exceed half a mile, as follows : Ale or beer, every hogshead, from 60 to 90 gallons, § 37J Alum or copperas, every hogshead, from 12 to 15 hundred weight 44 Alum or copperas, every hogshead, over one ton weight 68 Bread, every four tierces 37J Bricks, every load 37J Bricl^, every load handled and piled 60 Boards, planks and scantling, or other timber, every load 37J Beef or pork, every five barrels 44 Cables, half shot, from 5 to 7 inches in circum- ference 44 Cables, whole shot, from 5 to 7 inches in circum- ference 75 Cables, half shot, from 7 to 10 inches in circum- ference 87J Cables, whole shot, from 7 to 10 inches in circum- ference 1 75 Cables, whole shot, of 10 and not exceeding 12 inches in circumference 2 00 Cables, whole shot, of 12 and not exceeding 14 inches in circumference 3 00 Cables, half shot, of the last two preceding dimen- sions 1 50 Cables, half shot, of 14 and not exceeding 15 inch- es in circumference 1 75 263 Cables, whole shot, of 14 and not exceeding 15 inches in circumference 4 00 Cables, whole shot, of above 15 inches in circum- ference 5 00 Calves, sheep, lambs, every load 50 Cider, cheese, cocoa, every load 37 J Clay or sand, every twelve bushels 50 Coal, every half chaldron or ton 68 Coffee, in bags or barrels, every load 37^ Coffee, every hogshead over one thousand weight . 44 Cordage, small, every load 37 J Cotton, every three bales 44 Dry wood, every load 37 J Earthenware, loose, every load 56 European goods, every load 50 Fire wood, every load 37 J Fish, dried, loose, every load 66 Flax seed, every three tierces 37-L Flour, every twelve bags or seven barrels 37-^- Furniture, household, housing every load 150 Gammons or hams, every load 37i Hay, in bales, bundles or trusses, every load 37^ Hay, loose, every load 1 00 Heading or staves, every load 87* Hemp, in bales or bundles, every load 44 Hemp, loose, every twelve hundred weight 75 Hides, every fifty , 44 Hoops, in bundles, every load 37| Hoop poles, every load qq Iron hollow ware, every load 44 Iron bar, every load 44 Molasses, every hogshead, from 60 to 90 gallons. . 44 Molasses, every hogshead, from 90 to 140 gallons, 62£ Oil, every three barrels 371. Oysters, oyster shells or pantiles, every load 44 " ft ' * 264 Paints or whiting, every hogshead, from twelve to fifteen hundred weight 44 Paints or whiting over one ton weight 75 Paints, whiting, or pimento, every load 37^ Plaster of Paris, every ton 37 \ Potash, every three barrels 37£ Eum, every hogshead 50 Salt, every twenty bushels 44 Shingles, in bundles, long cedar or pine, every load, 37| Shingles, cypress, twenty-two inches, every two thousand 50 Stone, paving or building, every load 37 ^ Stone, cut, every load 48 Sugar, Havana, every three boxes 44 Sugar, every hogshead, from nine to fifteen hundred weight 44 Sugar* every hogshead, over one ton weight 75 Tar, pitch, or turpentine, every five barrels 37J Tea, every load 44 Tiles or slates, every load 56 Tobacco, every common hogshead 44 Tobacco, every hogshead over one ton weight .... 75 Wheat or other grain, every load 50 Wine, gin or brandy, every pipe over 100 gallons, 62 J Wine, every four quarter casks 50 For every load of goods, wares, merchandise or other thing not above enumerated 44 And for every additional half mile after the first half mile, one third more for the articles above enumerated, than the above rates respectively. to hack andi (2.) To owners or drivers of hackney coaches and cab- cabmen. r» • r> n men for convejang passengers, as follows : For conveying a passenger any distance not exceeding one mile, twenty -five cents ; for every additional passen- ger, twenty -five cents. * 265 For conveying a passenger any distance exceeding a mile, and within two miles, fifty cents; and for every ad- ditional passenger twenty-five cents. For the use of a hackney coach or carriage by the day, with one or more passengers, five dollars. For the use of a hackney coach or carriage by the hour with one or more passengers, with the privilege of going from place to place, and of stopping as often as may be re* quired, as follows, viz: for the first hour one dollar, for the second hour seventy-five cents, and for every succeed- ing hour fifty cents. In all cases where the hiring of a hackney coach or carriage is not at the time thereof specified to be by the day or hour, it shall be deemed to be by the mile. For children between two and fourteen years of age, half-price only shall be charged, and for children under two years of age, no charge shall be made. Whenever a hackney coach, carriage or cab shall be detained, excepting as aforesaid, the owner or driver shall be allowed after the rate of seventy-five cents for each and every subsequent hour, and so in proportion for any part of the first and subsequent hour, which the same may be so detained. Every driver or owner of a hackney coach or carriage shall load and transport in and upon his coach or carriage in addition to the person or persons therein, and unload,' one trunk, valise, saddle-bag, carpet-bag, portmanteau, box, bundle, basket, or other articles used in travelling if he be requested so to do, without charge or compensation therefor, but for every trunk or other such article, as above named, more than one, he shall be entitled to demand and receive the sum of six cents, if conveyed within the dis- tance of one mile, and if more than one mile, the sum of twelve and a half cents. (3.) To porters or hand-carters as follows : In carrvinf? To p«i» « f their ° ' members. wrongdoers be duly dealt with by it. § 13. The foremen of companies shall be responsible for SSeTor^hfSfe the proper care of the property of the city, entrusted to ofpr ° I)erty - their respective companies ; they shall obey all orders of the engineers in command at the fire, or either of them ; they shall cause the roll of the company to be so kept as to show at each fire or alarm of fire who of the members of their company were present ; and any neglect of duty by them in these particulars shall render them liable to removal, or expulsion from the department. The assist- ant foreman shall act in the absence of the foreman. § 14. Firemen shall, on any alarm of fire within their Duties of fire- 7 J men. departmental district, and in cases of general alarm, repair to the house of their company, and take their respective engines, trucks, hose, buckets and other apparatus to the scene of fire, and work the same under the direction of their respective foreman, and there remain until ordered away by the engineers, when they shall return with their machines and fire apparatus to the house of the company. § 15. The members of the department shall, when on ^ ges^fofficers duty, be distinguished as follows, respectively : — every en- gineer shall wear a white fire cap, on the front of which shall be printed the initials of his name, and the word "chief engineer," or "engineer," as his office may be. Every foreman and assistant foreman of a company shall wear a fire cap painted black, with a white front, on which shall be painted the initials of his name, the num- ber of his company, and the word "foreman" or "assistant foreman," as his office shall be. Every fireman shall wear a fire cap painted black, on the front of which, in white lettering, shall be painted the initials of his name, and the number of his company, as "engine company, No. 1," or " hose company, ~No. 2," as the case may be. 272 Penalties upon firemen and others. Engineers and fire wardens to take oath of office. Salaries of chief engineers and fire wardens. Amounts to be paid each com- pany annually. § 10. No fireman or other person shall place or draw, or assist in placing or drawing any fire engine, hook and ladder carriage or hose cart, or any other wheel carriage used in the extinguishment of fire, upon any railroad track in any street or avenue, on a down grade, or shall in go- ing to or returning from a fire or alarm of fire, or at any other time, drag, run or place, or assist in dragging, run- ning or placing any fire engine, hook and ladder cart or hose cart upon any sidewalk, except at the place of fire, or by order of an engineer at the time of a fire ; or shall use or assist in using any fire engine belonging to the city, for a wager, or in strife or in competition between fire companies, or in racing in any manner, in any street or avenue, or elsewhere ; or shall in returning from a fire or an alarm of fire, draw any fire engine, hook and ladder carriage, hose cart or other wheel carriage connected with the department, faster than a walk. Any fireman or other person violating any provision of this section, shall be li- able to a penalty often dollars, and any fireman violating the same may be suspended or expelled, as the common council may determine. In case any company be engaged in a fight or riot, such company shall be disbanded if the common council so determine, and if any member refuse to obey the orders of the engineers or any of them, he shall be expelled, if the common council so determine. § 17. The chief engineers, assistant engineers, and fire wardens, shall, before entering upon the duties of their several offices, take and subscribe an oath well and faith- fully to perform the duties of their offices respectively. The chief engineers and fire wardens shall receive for their services such compensation as the common council shall from time to time prescribe. § 18. There shall be paid to each engine company an- nually, the sum of one hundred dollars, and to each hose, hook and ladder, and bucket company, the sum of seventy- 273 five dollars, for keeping clean their machines, fire appara- tus and houses, and for other expenses, and the financial officers of this city are hereby authorized to audit and pay the same, and draw the necessary warrants therefor. §19. The fire engines, hook and ladder trucks, hose J r h h e ° c ? t r ° 1 JJ rty of carts, hose, buckets, hooks and ladders, and other fire ap- to be impatred? 1 paratus, and the houses and . lands used therefor, are and shall be subject to the control and direction of the city, and nothing herein contained shall di- vest the city of its property therein, or in any manner impair its right at all times by the mayor or common council to take possession of the same or any portion thereof. All additions, ornaments and attachments, made to the housej engine, hose cart or hook and ladder truck of any company shall remain thereon unless authorized to be removed therefrom by the chief engineer of the district, in cases where it may be done without injury to the house, engine, hose cart or hook and ladder truck. Any person or persons taking off, or assisting in taking off any such additions, ornaments or attachments contrary to the pro. visions of this section, shall be liable to a penalty of fifty dollars. ARTICLE II. THE ALARM DISTRICTS. Section 1. The western district is herebv subdivided Alarm districts J in TV estern Dis- into alarm districts as follows : trict - The first district is bounded by Montague street, Clinton street, Fulton street, Tillary street, Washington street, and East river to Montague street. The second district by Montague street, Clinton street, Atlantic street, Court street, Gowanus bay, New York bay, and East river to Montague street. The third district by Court street, Atlantic street, Smith 274 street, Fulton avenue, Flatbush avenue, Fifth avenue, Thirty-sixth street, and Gowanus bay to Court street. The fourth district by Jay street, Fulton avenue, Flat- bush avenue, Atlantic avenue, Clinton avenue, Flushing avenue, and a line drawn from the intersection of Flushing avenue and Navy street, to the intersection of Tillary and Jay streets. The fifth district by Washington street, Tillary street, a line drawn from the intersection of Tillary and Jay streets, to the intersection of Navy street and Flushing avenue, the west boundary of the Navy Yard and East river, to Washington street. The sixth district by Tillary street, Jay street, Smith street, Atlantic street, Clinton street, and Fulton street to Tillary street. The seventh district by Clinton avenue, Atlantic ave- nue, Bedford avenue, De Kalb avenue, and Flushing ave- nue to Clinton avenue. i^'Ser^Sis- § 2- The eastern district is hereby subdivided into alarm Trict districts as follows : The first district is bounded by East river, Newtown creek, Meeker avenue and a straight line to North loth street, and Bushwick creek to East river. The second district by East river, Bushwick creek, North 15th street, a line to Union avenue, Union avenue and Grand street to East river. The third district by Union avenue and a line to North 15th street, North 15th street and a line to Meeker avenue, Meeker avenue, Newtown creek, Metropolitan avenue, Bushwick avenue and Grand street to Union avenue. The fourth district by Grand street, Bushwick avenue, Metropolitan avenue, City line to Division avenue, Divis- ion avenue and Union avenue to Grand street. The fifth district by East river, Grand street, Union avenue and Division avenue to East river. \ 275 The sixth district by Wallabout bay, East river, Di- vision avenue, Flushing avenue and United States Hos- pital grounds to Wallabout bay. §3. The bell ringers shall, in case of fire within their gf^ how t0 be respective districts, strike their bells so many times in regular succession as shall correspond with the number of the alarm district within which such fire shall occur ; and shall continue to strike the same so many times at inter- vals until such fire shall be fully attended by the fire de- partment. ARTICLE III. THE CHIEF ENGINEERS AND ASSISTANTS. Section 1. The chief engineers shall keep an office m™f e ™&™^ their respective districts for the transaction of business connected with the fire department. It shall be kept open daily except on the days when the other city offices shall be closed, between the hours of 10 A. M. and 12 M. § 2. They shall in all cases of fire, threatening damage durill? or destruction of property within their district, take prompt and efficient measures, and use the means of the depart- ment to extinguish the same, and shall at such times and on occasions of alarm of fire, have sole and absolute con- trol and command within their departmental district, sub- ject to the mayor, over all the engines, hose, hose trucks, hooks and ladders and other apparatus, and all members of the fire department, and over all persons, other than policemen, aiding or assisting their department in cases of actual fire. § 3. They shall see that their assistant engineers in case To ilet the as - o j o sistant engineers. of fire in their district take proper measures to arrange the several fire engines in the most advantageous manner, and cause them to be worked for the effectual extinguishment of fires, and also otherwise direct the assistant engineers as \ 276 they shall deem necessary and proper at sucli fires or alarms of fire. To examine into condition of To furnish sched ale of property. § 4:. They shall examine from time to time, and as often apparatus. as necessary, into the condition of the fire engines, hose carts, trucks, hooks and ladders, hose and other apparatus and the houses in which they shall be kept, and report the condition thereof in the months of January and July in each year to the common council. To investigate § 5. They shall investigate the causes of all fires, dam- into causes of, * / . fire. aging or destroying property in their district, and report the result in writing to the common council, twice a }'ear, or oftener, if they shall deem the public interest requires it, or if they shall be directed to do so by the common council, stating such, causes as far as they can be ascertained, and tne number and description of the buildings and property damaged or destroyed. § 6. They shall require from the foreman of each com- pany, and each foreman shall furnish, a schedule twice a year, and oftener if they deem it necessary, of all the property of the city connected with, the fire department in charge of the company, and a statement of all injuries, other than ordinary wear and tear, which shall happen to, or losses of such property as soon as such injury or loss shall happen, with the causes thereof, and if malicious, the names of the persons concerned therein. They shall visit and inspect the houses of each company as often as prac- ticable, and report promptly to the mayor all abuses in or of such houses, engines, or other property. To report when § 7. They shall, whenever any of the fire engines, hose repairs may be i -i i i-i-ii i i t* necessary. carts, trucks, hooks and ladders, hose or other nre appa- ratus within their district, or houses within which they are contained, require to be repaired, report the same forth- with to the commissioner of repairs and supplies. They shall also report to such commissioner whenever any of the public cisterns require to be filled. 277 § 8. They shall superintend the repairs of the fire en- To superintend v J 1 x repairs, and oe- gines, hooks and ladders, hose carts, trucks, hose and other livery of articles, fire apparatus of their district, and shall superintend the delivery of all engines, apparatus and other articles, to be received from the commissioner of rermirs and supplies, for the use of any company within their district, and keep an account thereof with each company. They shall ren- der a particular account half yearly to the comptroller, of all the repairs done, and articles furnished the department in their district, and in what manner, and to what compa- nies the same have been disposed of. § 9. They shall promptly report to the mayor all cliso- To report to it o -i i . . i n ~i mayor all neg- bedience oi orders, and any incapacity, neglect of duty or lectof duty, gross misconduct of any company or companies within their district, or of any member thereof. The mayor shall in all cases, where in his opinion it shall be expedient, transmit such report to the common council. ARTICLE IV. FIRE WARDENS. Sectiok 1. The fire wardens shall inquire into all Fire wardens to .... . x inquire into all violations within their respective districts, of any law of violationsofflre , t- ■ j laws. the state oi ordinance of the city, for the prevention or extinguishment of fires, or establishing or regulating the fire department, or establishing fire limits, or regulating the erection of buildings within such limits, or reo-nlatincr the conveying or keeping of gunpowder, and cause such legal proceedings to be had, as shall promptly punish and prevent the continuance of the same. § 2. They shall organize in their respective districts as to organize as a a board, and as such, meet twice in each week at least, for ° ar ' the transaction of business, on such regular days and hours, and at such regular place in their respective dis- tricts as they shall determine by resolution, to be filed 278 with the city clerk; keep a record of all violations in their districts respectively, of the laws and ordinances mention- ed in the last preceding section of this ordinance : and of all fires occurring in their respective districts, with the causes thereof, in books provided for that purpose, and annually in the month of December, report to the chief engineer of their district an abstract of such record for the year. They may by a resolution divide their respective districts, and assign one of their number to perform the examinations to be made by them under this ordinance : which resolution and assignment shall be filed with the city clerk. their district? 6 § ^' They sna ^ twice in each year, viz : in the months of June and December, and as much oftener as they may think proper, examine the dwelling houses and other buildings in their respective districts, for the purpose of as- certaining all violations of any laws and ordinances for the more effectual prevention of fires, and also inspect the fire places, hearths, chimneys, stoves and pipes thereto, ovens, boilers, heaters, and all chemical apparatus, which in their opinion may be dangerous in causing or promoting fire, and also the places where ashes may be deposited : and it shall be lawful for them to enter into or upon an/ lands or buildings for the purpose of such inspection ; and it shall be their duty upon finding anything defective or dan- gerous, to direct the owner or occupant, by a written or printed notice, to alter, remove, or amend the same in such a manner and within such reasonable time as they, or either of them, may deem necessary ; and in case of any neglect or refusal to do so, the party offending shall for- feit and pay twenty-five dollars, and for every twenty-four hours after the time allotted aforesaid to alter, remove, or amend the same in conformity with the directions afore- said, the party or parties offending shall forfeit and pay the further sum of five dollars. 279 § 4. They shall inspect, and it shall be lawful for them ^*£j££ a . for snch inspection to enter into or upon all buildings, livery tions - or other stables, boats or vessels, and places where any gun- powder, saltpetre, hemp, flax, tow, hay, rushes, firewood, boards, shingles, shavings, or other combustible materials may be lodged, and they shall give such directions in writing in the premises as may be deemed necessary by them or either of them, relative to the removal thereof, and in case of the neglect or refusal on the part of the possessor of such combustible materials or either of them, to remove or secure the same within such time and in the manner directed by the said fire wardens or either of them, the party offending shall forfeit and pay twenty- five dollars, and the further sum of five dollars for every twenty-four hours neglect to remove or secure the same after being so notified. Adopted in common council, March 16, 1857. Approved by the mayor, March 23, 1857. CHAPTER IV. AN ORDINANCE IN RELATION TO CERTAIN EVIL PRAC- TICES, AND THE PROTECTION OF PERSONS AND PROPERTY FROM FIRE, GUNPOWDER, ANI- MALS, OBSTRUCTIONS IN THE STREETS, AND OTHER CAUSES. The Common Council of the City of Brooklyn do ordain as follows: ARTICLE I. GENERAL PROVISION. Section 1. The provisions of this ordinance shall ap- Penalties for i i • n t» i n violating this ply to the city of Brooklyn, and every part thereof, except ordinance, in cases where otherwise expressed, and the penalty for 280 violating any of them shall be ten dollars for each offence, except in cases where a different penalty is by this ordi- nance imposed for any violation thereof, and every person violating any such provision shall be liable to such pen- alty for each offence respectively. ARTICLE II. Public bathing. Common shows Gambling houses and fighting exhibitions. Gambling. PRACTICES AGAINST PUBLIC MORALS. Section 1. No person shall swim or bathe in the waters of or bounding the city, by day ; or in such waters within two hundred feet of any ferry or other public landing place or bridge, at any time, without being clothed so as to prevent any indecent exposure of the body. § 2. No person shall exhibit, or cause or permit to be exhibited, any circus performance, show of living animals, rope dancing, puppet show, or other common show, with- out a permit from the mayor and aldermen of the ward within which the same shall be exhibited, under the pen- alty of twenty -five dollars. § 3. No person or persons shall set up, keep, or main- tain, or permit to be set up, kept, or maintained, in any house or premises occupied by him, any faro table, faro bank, roulette, or other device or game of chance, hazard, or ad- dress for the purpose of gaming, or any boxing-ring, cock- pit, or other place for the exhibition of animals in fight, under the penalty of one hundred dollars for each offence ; and it shall be the duty of the police, and they are hereby authorized, to enter upon any premises where any instru- ments or devices employed in gaming shall be used con- trary to this ordinance, and to carry away and destroy the same. But this section shall not, nor shall the follow- ing section, be construed to apply to bowls and billiards. § 4. No person shall deal, play, or engage in faro, rou- lette or other device or game of chance, hazard, or address, 281 either as banker, player, dealer, or otherwise, for the pur- pose of gaming. § 5. No person shall erect, set up, keep or maintain, or permit to be set up, kept or maintained, in any house or premises occupied by him, any bowling alley, ball alley, or billiard table, for public use, unless he shall first ob- tain a license from the mayor therefor ; and the mayor is hereby authorized to grant such licenses from time to time, with such limitations, restrictions and conditions as he may deem proper, to expire on the first day of May thereafter, and to revoke the same at pleasure ; and there shall be paid for every such license the sum of three dollars for each and every alley or table. ARTICLE III. ANIMALS RUNNING AT LARGE. Section 1. No person owning or having- charge of any Animals running , ° , , at large to be cattle, horses, sheep, swine, geese, goats, or other brute impounded and animals, shall permit them, or any of them, to run at large in any street, road, lane, alley, or public square or park, under the penalty of five dollars for each of such cattle, horses, sheep, swine, geese, or goats so running at large ; and any such cattle, horses, sheep, swine, geese, or goats, so running at large, may be driven by any person, and it shall be the duty of the police to cause them to be driven, to the nearest public pound ; and it shall thereupon be the duty of the master of such pound, and he is hereby author- ized, to sell the same at such pound at public auction, to the highest bidder, within five days thereafter, upon three days' notice in writing, to be affixed to the outside door, or gate, or show board, of such pound, and of the city hall, unless the owner shall previously redeem the same by paying him the reasonable expense of driving them to the pound, not exceeding fifty cents each animal, and the 19 \ 282 Lights in stables Discharging firearms and fireworks. Keeping firework?, amount of his fees for keeping and feeding the same, at the rate of fifty cents for each animal or goose for every twenty-four hours, or fractional part thereof over twenty-four hours, and out of the proceeds of such sale to pay the penalty incurred for violation of this section, as hereinbefore provided, the reasonable expense for driving them to the pound, and the expense of keeping and feed- ing the same at the rates above mentioned, and of selling the same at the rate of fifty cents for each one sold ; and to pay over the balance, for the benefit of the owner, to the mayor, with an account showing by whom and when they were driven to the pound, when sold, and the amount of sales monthly. AETICLE IV. PROTECTION FROM FIRE. Section 1. No person shall take or use in any barn or stable within the fire district any lighted candle, oil or fluid lamp, or any burning light, of any kind whatsoever, unless the same be inclosed and secured in a good glass, horn, or other lantern. § 2. No person shall fire or discharge any cannon, gun, pistol, fowling piece, or firearms of any description, or explode or set of! any rocket, squib, torpedos, cracker, or combustible fireworks of any description, w T ithin the fire district; provided that nothing in this section contained shall be construed to extend to any military parade, ex- ercise or review, or to any fireworks exhibited by order of the common council, or by any exhibitor who shall be au- thorized by a permit from the mayor to exhibit the same for public amusement, or to any act on the Fourth day of July not done wilfully to frighten or injure any person, or horse, or to injure or destroy the property of any person. § 3. No person shall have or keep at any one time in any building within the fire district, for the purpose of 283 sale, or otherwise without a permit in writing from the mayor, combustible fireworks of any description, weighing in the aggregate more than twenty- five pounds. § 4. No person shall build any bonfire or other fire in bSlSng* of It* any street, avenue, road, lane, or public ground within the blsh in street * fire district, without a permit first obtained from the cap- tain or assistant captain of police of the district, who may, in such cases only as may be proper, for the destruction of any straw or other rubbish, and where the same can be done without damage to property or annoyance to the public, give permits for the same to be done after the dusk of the day, and at least twenty -five feet from any building. § 5. No person shall permit any chimney, stove pijDe or Chimney fires, flue on any building occupied or possessed by him within the fire district, to take fire. § 6. No person shall, within the fire district, deposit Ashes, ashes on the wooden floor of any building, or in any bar- rel, box, or other wooden vessel standing on any such floor, or place any such barrel, box, or other vessel, containing ashes, upon any such floor. § 7. No person shall within the fire district have, put or f t ^£ in £ c ha - v - keep, any hay or straw uncovered in any stack or pile, or in any other way exposed, within one hundred yards of any building ; or have, put or keep any hay, straw, hemp, flax, shavings, or rushes, in any building not of stone or brick, and covered with tile, slate, tin or other fire-proof material, within ten feet of any dwelling house or chimney, under the penalty of twenty-five dollars, and the further penalty of five dollars for every twenty -four hours the same shall so remain, after notice from any fire warden to remove the same. 284 ARTICLE V. Keeping gun- powder in buildinss. Carrying the same in the streets. Gunpowder on board of vessels. Damages from explosions. Seizure in cer- tain cases. KEEPING AND CONVEYING GUNPOWDER. Section 1. No person shall have, keep or cause to be kept, or allow to be kept, in any store, storehouse, manu- factory or other building, any quantity of gunpowder ex- ceeding twenty -five pounds in weight, or shall keep any gunpowder whatever in any building, except in tin canis- ters, at all times kept securely closed, under pain of for- feiture of the gunpowder and a penalty of fifty dollars for each offence. § 2. No person shall carry, or cause to be carried, any gunpowder through any street, lane or alley, in any cart, wagpn or other mode of conveyance, unless the same be secured in tight casks, kegs or cases, well headed and hooped, and said casks, kegs or cases, be put into and entirely covered with a bag or case sufficient to prevent any of said gunpowder from being spilled or scattered, un- der pain or forfeiture of the gunpowder and a penalty of fifty dollars for every offence. § 3. No ship, barque, brig, lighter, or other vessel, con- taining any quantity of gunpowder over and above twenty- five pounds, shall make fast to any pier, wharf or bulk- head, or anchor within the jurisdiction of this city, under pain of the forfeiture of all gunpowder found on board, and a penalty of fifty dollars, to be recovered from the owner or captain of the vessel. § 4. In case of an explosion, caused by a larger quantity of gunpowder than twent} r -five pounds, kept in any build- ing or vessel whatever, contrary to the above sections of this article, the occupant or occupants of any such build- ing, and the captain, owner or owners, respectively, of any such vessel as aforesaid, shall forfeit and pay a penalty of one thousand dollars. § 5. All gunpowder which shall be found in any store, 285 storehouse, manufactory or other building, or which may be found in any cart, wagon, or other vehicle, as aforesaid, or on board any brig, barque, ship or other vessel which shall make fast to any pier, wharf or bulkhead in the city of Brooklyn, or anchor within the jurisdiction of this city in violation of any provision of this ordinance, shall be immediately seized by the fire wardens, or one of them, and removed to some secure place ; and it is hereby made the duty of the police and all constables to assist in said seizure when called upon. § 6. Nothing in this ordinance contained shall in anv Nay y Tard 00 # J exempted. way apply to any gunpowder which may be stored in the United States Navy Yard, or which may be on board of any vessel inclosed within or under the jurisdiction of the officers of the said United States Navy Yard. ARTICLE VI. OBSTRUCTIONS IN THE STREETS. Section 1. No person shall obstruct or encumber anv obstructions in _ streets. public wharf, street or other public place, with any article or thing whatsoever ; and any obstruction or incumbrance on such wharf, street or public place, shall be removed therefrom by the police, under such directions as shall be given by the street commissioner or mayor, or by such other person as the street commissioner or mayor shall direct or employ. But this section shall not be con- strued to prevent or to authorize the removal of any obstruc- tion or incumbrance in this ordinance or other ordinances, or by any resolution of the common council permitted or necessary in the regulating, paving or repairing any street, or for doing any public work, provided the regulations and conditions in such ordinances, resolutions and contracts, giving such permission, or prescribing the mode of regu- lating, paving or repairing of such street, or of doing such 286 public work, be fully observed ; nor shall this section be construed to prevent the moving or removing any article in the way of trade or business, or for the use of any fami- ly from or to any house, or for the erecting or repairing any house, or other work, on the adjoining land, provided the same be so moved or removed without any unnecessary delay, and so as to leave a passage both on the sidewalks for foot travellers, and on the carrigeway for vehicles to pass and repass ; or be construed to prevent the loading or unloading passengers from any public or private convey- ance, or of vehicles waiting a reasonable time for such pur- pose. bniidin^^ 0111 § 2 - No person shall construct any bow window or other "window, which shall extend into any street more than one foot from the wall of any house or other building, or shall construct any cellar door which shall extend into the street more than one-twelfth part of the width of such street, or more than five feet ; or shall construct any porch which shall project in any street over a cellar door, or shall construct any platform, stoop, or step, which shall extend into any street more than one-tenth part of the width of such street, or more than seven feet, or with any other than open backs, sides, or railings, or of greater width than is necessary for the jDurpose of a convenient passage way into the house or building to which it shall be attached, or any stoop or steps which shall exceed five feet in height ; or shall dig, build, or construct any area into the street, in front of any building, which shall extend more than one fifteenth part of the width of any street, or more than five feet, or which shall not be provided with a sufficient railing on the top thereof, to protect travellers from falling therein, placed not more than six inches from the inside of the coping on the wall of such area, and with no gates opening outward, under the penalty of two hundred and fifty dollars for each and every offence. 287 § 3. No person shall erect or put lip in any street, any post, awning-post or railing, or any cloth or canvass for an awning, except tie-posts and awning- posts, which may be erected or inserted, provided the same be painted and modeled as may be directed, from time to time, by the mayor, and be placed only next to and inside of the curb stone, and provided such awning-posts shall be at least seven feet high above the sidewalk, and except cloth or canvass awnings for posts put up as herein provided, and except cloth and canvass awnings projected from any build- ing where the same shall not project into the street beyond the distance in this article allowed for the projection of platforms or steps, into such street ; or shall permit such cloth or canvass awning to hang loosely down over the sidewalk ; or shall hang or place in any street any goods, wares or merchandise, or any article whatever, at any greater distance than twelve inches in front of the house w or store occupied by him ; or shall raise, or hoist, or per- mit or suffer to be raised or hoisted, from any street into any building, loft, store or room, or lower, or permit, or suffer to be lowered, from any building, loft, store or room, into any street, any cask, bale, bundle, box, crate, or any goods, wares, merchandise, boards, planks, joists, timber or article whatever, by means of any rope, pulley, tackle or windlass ; or shall plant any tree in any street, except next to and inside of the curb or curb line of such street under the penalty of twenty-five dollars for each offence. § 4. No person shall cause or procure any vault or cis- vaults and tern to be constructed or made in any street or avenue" without a permit from the street commissioner, and paying the sum of ten cents per superficial foot for the use of the city, or shall cause the same to be extended further than one-fourth of the width of the street beyond the line of the street adjoining bis property ; or to be built otherwise than of brick or stone, and arched on top, and well secured, 288 or unless a lighted lamp or lantern be placed and kept during the night time, at a suitable spot, sufficient to warn passers-by of the opening, while in process of construc- tion ; or shall cause any aperture or opening from the street to such vault to be made, unless the same be made within two feet of the curb of the sidewalk, or within two ieet of the coping of the area or railing in front of the house to which such vault shall belong ; or unless such aperture or opening be provided with a strong close cover, or with an iron grate, the bars of which shall be three- fourths of an inch wide and one-half of an inch thick, and not more than three-fourths of an inch apart ; or shall cause or procure any slide or chute opening in any street to be built, unless the same be securely covered with stone, or arched with brick, and its aperture or opening into the street be made within the same limits, and covered with a close cover or grate, as above provided for the apertures and open- ing to vaults, under the penalty of fifty dollars for each offence. § 5. Iso person shall throw, lay, place, or cast any dirt, ashes, filth, dross, cinders, or rubbish of any kind, or any shells of oysters, clams or other fish, or any offals, vegeta- bles or garbage, or any filthy waters or liquid, in any street, avenue, alley, or public square, except, however, that ashes and garbage may be placed on the outer edge of the sidewalk, in tight vessels, so as not to run or drop upon such street, avenue, lane, or public square, and in vessels of such dimensions as may be conveniently deliv- ered to and handled by the ash and garbage cartmen, pro- vided the same be so placed in such vessels, and permitted to remain therein on such sidewalk, only on the days and during the hours designated by the aldermen of the ward for the removal of ashes and garbage by the contractor for cleaning any such street or avenue ; and provided such vessels be removed from such sidewalk within one hour after the same shall have been emptied by the ash and garbage cartman. 289 §6. No person shall turn over, throw down, upset or Ash vessel? - break any vessel containing ashes or garbage and placed on the sidewalk for the purpose of being emptied by the ash and garbage cartmen, so as to spill or throw the con- tents thereof upon the street; or shall in any way spill or throw the contents thereof upon the street. § 7. No person owning, building, or repairing any house ^ 1 r 1 s from or other building, shall cast, throw or place, or permit or suffer to be cast, thrown or placed into the street or avenue adjoining the same, any earth, stone, sand or clay, which may be dug from any cellar, area, vault or yard, of such house or building, or any rubbish or shavings from such house or building, except that any such earth, stone, sand or clay, may be thrown upon the sidewalk after sunrise, provided that the same be immediately removed, and be not left there after sunset of the same day ; and provided further that the street commissioner may, in any case which he may deem proper, forbid, in writing, the same to be done; and thereupon the same shall not be done in such case. § 8. No person shall permit any snow or ice to remain Snow and ic on the sidewalk and gutter in front of any house, building or lot, occupied by him, or of any unoccupied house, building or lot, owned by him, more than four hours after the fall thereof; or any dirt or rubbish to remain thereon, more than four hours after notice thereof from the police* § 9. No person shall throw, place or pile, or assist in ^ c r k a 3 ilroad throwing, placing or piling any snow, ice or other impedi- ment or obstruction to the running of the cars of the Brooklyn city railroad company upon the tracks of the said company, or in the space between the rails thereof, or in the space between the tracks and a line distant three feet outside of such rails. § 10. No person shall place, or cause or permit to be Vehicles. 290 placed or left any cart, sleigh, wagon, carriage or vehicle, of any kind, not in use*, in any street, avenue or public ground; and the police are hereby directed to cause the same to be removed therefrom. "aSTon" 1 § !!• person shall drive, back or lead any horse or sidewalks. cart or w ] iee i carriage on the footpath or sidewalk of any street or avenue. ui'rou-'ifthe § ^ ^° P erson shall remove, or cause, or permit to be streetR removed, or shall aid or assist in removing any building into, along or across any street, lane, alley, or public place, without permission of the common council, under the pen- alty of two hundred and fifty dollars for each offence. beremoved 8 * § ^ e street commissioner is hereby authorized and from the streets, directed to take out, remove, and abate, or cause to be taken out, removed and abated, any stoop, step, platform, bay-window, cellar-door, area, descent into a cellar or base- ment, sign, post, tree erection, and any projection from any building or otherwise, and any house or building, and any vault, cistern, slide or chute in, over or upon any street or avenue, and any snow, ice, or rubbish upon any sidewalk or gutter, contrary to the provisions of this arti- cle, and the expense thereof shall be recoverable of the owner or occupant of the premises appertaining to the same respectively- AETICLE YII. MISCELLANEOUS PRACTICES. injuring trees. Section 1. Ko person except the owner, shall cut down, destroy, break or any way injure any tree or shrub stand- ing in any street, avenue or public place, unless by direc- tion of the common council, or by the street commissioner for the purpose of regulating sucli street. M.rfoJsewei? 111 * § 2 - ^° P erson sna11 sto P or obstruct the passage of the water of any street, gutter, or public sewer, culvert, or water-pipe, pump or hydrant laid or placed by the city. 291 §3. No person shall sift or screen any ashes, lime, dirt Screening ashes, or sand, or shake any carpet in any street, avenue, or public ground, or permit, suffer, or employ the same to be done. § 4. No person shall light any public lamp or extinguish j^WtagpoNfc the light of any public lamp, without having been lawfully appointed for such purpose. § 5. No person shall wash, or cause to be washed any Washing or ° 1 1 J carnages. cart, carriage or other vehicle, in any street, avenue, or public place. § 6. No person shall damage or any way deface or in- ^p^hLips jure any public well, pump, hydrant or cistern; or shall tobedaS^ed? break the glass of an}^ such lamp ; or shall take down or carry away any such lamp hung or fixed in any street, avenue, or public grounds; or shall injure or damage any fixtures of such lamp or public lamp-post ; or shall tie, hitch, or make fast any horse or other animal to any such lamp-post or pump ; or shall drive any cart, wagon, car- riage or other vehicle against any such lamp or pump ; or shall take or use the water from any public cistern except for the purpose of extinguishing fire ; or shall throw any substance or article into any public well, or shall cut, mark, injure or deface the city hall, or any public building or market house belonging to the city, or any station house or engine house, or any sewer, railing or gate inclosing any square or public park; or cut, break, or injure any tree, grass or shrub or walk in any square, or public park; or shall cut, break, or injure any water pipe or hydrant laid or placed by the city. § 7. No person shall suffer or permit any horse or other Howes drinking animal to drink from a pail or other vessel while the same from pumps - is suspended from or attached to the spout or other part of any public pump or hydrant in anj r street or public grounds. Horses without a driver. Rock-blasting. 292 Kite flying. § 8. No person sliall raise or fly or attempt to raise or fry any kite in any street or avenue. SdJwBg. gaild § 9. No person sliall engage in horse racing, or ride or drive any horse in any street, avenue or road with greater speed than at the rate of five miles an hour ; and any per- son violating this provision shall be stopped by the police. § 10. No person shall at the same time drive, lead, or direct more than one team or vehicle, or suffer or permit ari}r horse or horses, or other animal or animals attached to any carriage, cart, wagon, sledge, truck or other vehicle to go without a driver in any street, avenue or road, or to stand in any street, avenue or road without a person in charge, or without being secured to a tying post. 11. No person shall blow or blast, or permit to be blown or blasted any rock at any time between the hours of six o'clock in the forenoon and seven o'clock in the afternoon of any clay between the first day of May and the first day of September in any year, or between the hours of eight o'clock in the forenoon and five o'clock in the afternoon of any day between the first day of September and the first day of May in any year. § 12. No person shall throw or cast any stone or other missile in, from or to any street, avenue, lane, public place or uninclosed ground. Removing vault § 13. ]$ person shall remove or insecurely fix. or covers. or J cause, or procure, or suffer, or permit to be removed, or to be insecurel} r fixed so that the same can be moved in its bed, any grate or covering to the opening or aperture of any vault or chute under any street or avenue ; but no- thing herein contained shall prevent the owner or occu- pant of the building with which such shall be connected from removing such grate or covering for the proper pur- pose of such vault or chute, provided he inclose such open, ing or aperture and keep the same inclosed, while such Throwing stones, 293 grate or covering shall be removed, with a strong box or kerb at least twelve inches high, firmly and securely made, and further provided that he shall not remove such grate or covering until after sunrise of any day, and shall replace such grate or covering before one half hour after sunset. §11. No person shall raise or assist in raising a false J^ 56 alarms of alarm of fire ; or shall make a cry of fire without any ap- parent cause therefor, for the purpose of an alarm, or shall, unless he be a duly appointed bell ringer, ring any bell for the purpose of raising an alarm of fire, except in case of fire. § 15. No person unless a fireman, policeman or public officer, shall enter or assemble with any other person or persons, in any engine house belonging to the city, at any time or times, without the permission of the foreman of the company. § 16. No person other than a fireman or person of theSjJSJJjJJ* age of eighteen years, shall drag, or run with, or assist in dragging any fire engine, hook and ladder cart or hose cart. § 17. No one shall personate a fireman or officer of the j2 e n n atiDg fire department at a fire or going to or returning from a fire, or when on duty otherwise, by wearing a cap or car- rying a trumpet or otherwise. Adopted in common council, February 11th, 1857. Approved by the mayor, February 13th, 1857. 294 CHAPTER V. AN ORDINANCE FOR THE PRESERVATION OF THE PUBLIC HEALTH. A health depart- ment established, Office. The Common Council of the City of Brooklyn do ordain as follows : . AETICLE I. THE HEALTH DEPARTMENT. Section 1. There is hereby established a health depart- ment, to consist of the health officer and such clerk or clerks as the common council shall deem it expedient to appoint. § 2. The health officer shall keep an office, open daily, between the hours of 9 A. M. and 3 P. M., in the cit}^ hall, for the business of the health department. ARTICLE II. Penalties, how- applied. Extent of this ordinance. Penalties. GENERAL PROVISIONS. Section 1. The penalties imposed by this ordinance shall, when collected, be paid into the city treasury and placed to the credit of a separate and distinct fund, to be called the health department fund; the moneys in which are hereby appropriated for the purpose of this or- dinance and for the expenses of the health department. § 2. The provisions of this ordinance shall, except where otherwise herein especially mentioned, apply to the whole of the city of Brooklyn and every portion thereof. § 3. Every person violating any provision of this ordi- nance shall, where no other penalty is mentioned for such 295 violation, be liable to a penalty of twenty-five dollars for every offence. AKTICLE III. ANNUAL SANITARY SURVEY AND INSPECTION. Section 1. There shall be annually made, at such time Annual . J ' inspectiou. between the months of November and March as the health officer shall designate, a survey and inspection for the pur- pose of ascertaining the sanitary condition of all the streets* lots of land, yards and buildings within the city, and the owners' names and residences, the location of the lots and buildings, and the uses to which they are applied, and it shall be the duty of the captains of the several police dis- tricts to detail for that purpose, so as not to interfere with the night duty of the police, so many of the policemen as shall be necessary to perform such inspection effectually, and to report the same within thirty days after the require- ment of the health officer for that purpose approved by the mayor. The chief of police is charged with the gen- eral superintendence of this duty, by the members of his department as herein directed. Blanks in a suitable form to be devised by the health officer, shall be furnished by the health officer, or by the commissioner of repairs and supplies upon the requisition of the health officer approved by the mayor, to the said captains, who shall file the re- ports with the health officer within the said thirty days. § 2. If upon such survey and inspection, or in any case, Nuisances iu any street shall be reported to the health officer to be in aKea. h ° w filthy condition, it shall be the duty of the health officer immediately to visit the same, and if in his opinion its correction or abatement be necessary for the public health, he shall report the same to the aldermen of the ward, who shall cause the same to be done, and the expenses thereof shall be charged to the account of the ward for cleaning the streets. 296 Nuisance in privy, bonding or lot, how abated. Second inspec- tion thereof. Penalty upon owner or occupant. § 3. If upon such survey and inspection, or in any case, any privy, sink or cesspool, shall be reported to the health officer in a condition requiring, in the opinion of the health officer, for the public health, its contents to be removed, or any lot, yard or cellar, or other portion of any building, requiring to be cleansed, it shall be the duty of the health officer to prepare a notice to be served upon the owner of any such privy, sink, cesspool, yard or building, personally, if he be a resident of the city of Brooklyn, and not absent therefrom, then upon any occupant of the premises per- sonally, or if there be no occupant, then by affixing such notice to the outer door of such building, or in some other conspicuous part of the premises, requiring the owner or occupant to remove the contents of such privy, sink or cesspool, or to cleanse such yard, cellar, or building, within ten days after the service of such -notice. § 4. Such notice shall be delivered to the captain of po- lice of the district, who shall cause the same to be served by the policeman making the report, and the time and manner of service to be communicated to the health - offi- cer, certified in writing by such policeman, and a further inspection to be made at the expiration of the said ten days by the said policeman, whether the requirements of such notice have been complied with, and the results of such further inspection reported in writing to the health officer within five days after the expiration of the said ten days. § 5. Any owner and any occupant of the premises afore- said, if the owner be a non-resident of the said city, failing to comply with the requirements of such notice, shall be liable to a penalty of one hundred dollars, provided, nevertheless, that if any owner or occupant shall before judgment rendered, pay the expenses in the next section mentioned, together with all costs and charges of the suit instituted for such penalty, such suit shall be discontinued. 297 § 6. If any owner or occupant as aforesaid shall fail to Health l, » J x . abate the same. comply with the requirements of such notice, it shall be the duty of the health officer to cause the same to be done, and the expenses thereof shall be paid out of the health department fund ; and for that purpose the financial offi- cers of the city are authorized, upon the order of the said health officer, to audit and pay the same, and to draw the necessary warrants for that purpose. § 7. If upon such survey and inspection, or in any case, ^g m n e c n e t s s i! ' any tenement shall be reported as containing in the opinion of the health officer an undue number of inmates, or to be otherwise dangerous to the health of the city, it shall be his duty to visit the same, and if in his opinion such report be well founded, he shall communicate the facts to the mayor, who shall thereupon convene the board of health for its action in relation thereto. § 8. If upon such survey and inspection any lot or lots Nuisances on of land shall be reported as dangerous to public health, it shall be the duty of the health officer to visit the same, and if in his opinion such be the case, and can only be reme- died by draining or filling up such lot or lots of land, lie shall communicate the facts, with his opinion, to the com- mon council for its action in relation thereto. §9. It shall be lawful for the mayor, health, officer, Police and other aldermen of the ward, members of the police department, enter premises, and all persons employed by the health, officer under the provisions of this ordinance, to enter into and upon any land, tenement, building or other premises for any of the purposes of this ordinance, and any person preventing, ob- structing or resisting any officer hereinbefore named, or person employed by the health officer, in entering into or upon any land, tenement, building or other premises, for the purposes of this ordinance, or in doing any act required of such officer by this ordinance, or by said health officer 20 298 in pursuance of this ordinance, shall be liable to a penalty of one hundred dollars for each and every offence. AKTICLE IV. CERTAIN OFFENCES AGAINST THE PUBLIC HEALTH. Contents of Section 1. No person shall permit to be removed from privies not to be 1 * •H4nfIctiJn ith0Ut an y P rem i ses > °f which he is the owner or occupant, and no person shall remove the contents of any privy, sink or cesspool, npon or over any street, lane or public place, un- less the same have been previously disinfected, and ren- dered inodorous and inoffensive. priv?es an how to § 2. No sink, privy or cesspool, shall hereafter be con- be constructed, striated or made within the limits of the lamp and fire districts, unless the same shall be constructed of brick or stone, and be at least ten feet in depth from the surface of the ground when such depth is practicable, under the penalty of fifty dollars, to be recovered from the owner and builder of the same, severally and respectively. Not to be con- § 3, ]S[ privy, sink or cesspool shall hereafter be made structed within ° . . thirty feet of or constructed within thirty feet of anv public well or any pump. J •/ x pump, under the penalty of one hundred dollars, to be paid by the owner and builder thereof severally and re- spectively. Nor within two 8 4. No person shall dig anv sink or cesspool, or build feet of adjoining c r & J . * or erect any privy, without leaving at least two feet of solid earth or solid mason work, laid in mortar or cement, to be measured from the interior line of said sink, cesspool or privy, horizontally between such sink, cesspool or pri- vy and the adjoining lot, under the penalty of twenty-five dollars, to be paid by the owner and builder thereof, severally and respectively. contents not to § 5. ]STo person shall cover over, and no owner shall per- be drawn off into o i ^ x any hole, m it to be covered over, any sink or privy that may be full 299 or partly full, or draw off or permit to be drawn off the contents thereof into any hole or place dug or made to re- ceive the same. § 6. The owner or occupant of any house, store, build- Nor to be per- , . , . , . iin mitted to rise mg or premises, to which any sink, privy or cesspool shall within two feet belong or appertain, shall not permit the contents thereof to rise within two feet of the surface of the earth. § 7. The owner or occupant of any house, lot or prem- Nor to be emp- " 1 J 1 1 tied during cer- ises within the limits in the second section of this article tain months, mentioned, shall not empty or remove, or cause, or suffer, or permit to be emptied or removed, the contents of any sink, privy or cesspool between the first day of May and the last day of September, in any year, without the written permission of the health officer obtained for that purpose. § 8. The owner or occupant of any house, lot or prem- Nor during cer- • • i • i t • • -i i • n i • • i tain hours of ises within the limits in the second section of this article the day. mentioned, shall not cause, or suffer or permit the contents of any sink or privy to be removed, except between the hours of eleven o'clock in the evening and three o'clock in the morning, between the first day of May and the last day of September in any year, and between the hours of ten o'clock in the evening and six o'clock in the morning during the remainder of the year. § 9. No person shall cast, lay, or suffer to run, in or Not to be upon any street, lane, alley, lot or vacant place within upon tSestreet. the limits in the second section of this article mentioned, the contents of any sink, tub or cesspool. § 10. No person shall throw or deposit, or cause or suf- n garbage or n . ■. -t ., n • .i • dead animal to fer to be thrown or deposited, m any sink, privy or cess- be thrown into, pool, any vegetable substance or garbage, or offals of fish or poultry, or any dead animal. §11. No slaughter house shall be hereafter erected, lo- slaughter houses ° . ° 7 prohibited. cated or carried on, unless the same be at least four hun- 300 Water-tight vehicles for re- moving contents of privies. Contents not to he thrown from docks. Filth not to be thrown in streets. Unwholesome provisions not to be sold. Nor meat*. dred and fifty feet distant from any paved street and occupied building, under the penalty of one hundred dol- lars for each offence, and also of twenty-five dollars for each day that the same shall be carried on. § 12. No person shall carry in or through any street, lane or public place, any part of the contents of any privy, sink or cesspool, in any cart, wagon or any other vehicle or vessel, unless the same shall be effectually covered and water tight, or at any time whatever except between the hours of eleven o'clock in the evening and three o'clock in the morning, between the first day of May and the last day of September ; and between the hours of ten o'clock in the evening and six o'clock in the morning, during the remainder of the vear. § 13. No night scavenger or other person shall dump or throw any night soil or other offensive substance from any wharf or dock, or into the river or any canal, without a permit in writing from the mayor. § 14. No offal, vegetables, garbage, ashes, cinders, dross, rubbish, or filth of any kind, or the carcass of any animal, shall at any time be cast or laid in any street, lane, alley or public wharf or place, or in the water adjoining, under a penalty of five dollars for each offence, to be paid by the occupant of the house from which the same shall be cast, and the persons so casting or laying the same, severally and respectively. § 15. No person shall sell or offer or expose for sale any- unwholesome or stale article of provisions, meat, fish, fruit or vegetables, or any flesh of any animal dead by acci- dent or disease, or known or suspected to be diseased at the killing of the same, or any meagre or back shad. § 16. No person shall bring into any public or private market, or offer or expose for sale anywhere, any blown, plaited, raised or stuffed meat, or between the first day of 301 May and the first of November, in any year, bring into any market any untried fat, commonly called gut fat, or at any time or season the head of any sheep or lamb, un- less the same shall be skinned and properly cleaned, or any sheep or lamb in carcass, or quarter, with any foot or trot- ters thereto, or any skin or hides, except calf skins. § 17. No person or persons shall kill or dress any flesh j^diJ 10 1)6 meat of any description in any market. § 18. No butcher or other person shall have or keep in ^ e a f ^g ators in any of the markets any refrigerator, or icebox, or cask, containing ice or pickle, unless the same be placed within the limits and in rear of his stall or stand, and be lined with lead or some other metallic substance, so as to be water tight, and provided with a pipe of lead, zinc or cop- per, leading therefrom to the nearest gutter. § 19. No person shall have or keep upon any premises ^ts ing owned or occupied, in whole or in part, by him, within the city, any swine or goats, without the permission of the mayor, renewable annually, registered in the health office, under the penalty of ten dollars for each swine or goat had or kept by him or her upon said premises. [§ 20. No person shall have or keep, or permit to be Keeping cows, kept, between the first day of May and the first day of November, in any year, on any premises owned or occu- pied in- whole or in part by him or them, within the city, more than three cows in any stable or other inclosure, or upon any lot of land of not more than twenty-five, hun- dred square feet in superficial extent, or more than four cows upon any lot of not more than half an acre in size, or more than twelve cows upon any lot of larger size, un- der the penalty of ten dollars for each cow above the number hereby permitted for each stable, inclosure, or lot respectively, for each day such additional number shall be so kept, provided, that nothing herein contained shall 302 affect the keeping of more cows than herein provided by the owners of distilleries now in operation in stables now built and occupied as cow stables, or by milkmen employ- ed in the milk business ; and further provided, that the provisions of this section shall not apply to the eighth, ninth, and eighteenth wards.*] § 21. No dog shall be suffered to go at large in the eity between the first day of May and the first day of October, unless properly muzzled, under the penalty of ten dollars for each offence, to be paid by the owner or possessor of such dog. § 22. Every dog so found at large, contrary to the pro- visions of the last section, shall be liable to be seized and killed by any person or persons, who are hereby author- ized to destroy such dog. § 23. It shall not be lawful for any person hereafter to not to be erected, erect or establish within the city of Brooklyn any manu- factory for boiling oil or varnish, or any distillery for the purpose of manufacturing ardent or alcoholic spirits, or any manufactory for chemical works, in which shall be generated any smoke, vapor or gas, offensive to the senses or injurious to the health of persons within the neighbor- hood, or any manufactory, mill or other establishment for the grinding of bones or boiling the flesh therefrom, or otherwise for converting the same into manure ; or any manufactory or establishment for the purpose of making or generating spirits of turpentine, coal, tar or lampblack, in which manufactory bituminous coal, refuse of the tur- pentine, or any other material producing a dense smoke, shall be used for fuel; or any manufactory or business * As amended in Common Council, February 11, 1857, and February 23, 1857, and approved by the mayor, Feb. 14, 1857, and Feb, 27, 1857. Dogs not to go at lar?e. May be killed. Unwholesome manufactories 303 offensive or unwholesome to the public, uuder the penalty of five hundred dollars. § 24. No person shall carry on any business or manu- The business P -t - , J . J . , prohibited. lacture m the preceding section mentioned, witkm the limits therein mentioned, under the penalty of one hun- dred dollars for each day he shall carry on the same. ARTICLE V. OF BURIALS, CONVEYING DEAD THROUGH THE STREETS, AND BILLS OF MORTALITY. Section 1. No interment of the dead body of any hu- interments i • i n i i . -| . i . ' i . within the city man being shall be made or permitted within the city. prohibited. § 2. Any sexton or other person having charge of any Penalty, vault, cemetery or other burying ground, or any other person who shall inter, or permit to be interred, or assist in interring any such dead body within the city, except in cemeteries established by law, shall be liable to a penalty of one hundred dollars for each offence. §3. No person shall remove, disturb or expose any Bodies of the other dead body or coffin while making a grave or inter- notto°be C exposed ring a dead body, under the penalty of one hundred dollars for each offence. § 4. No person shall remove, or assist in removing from Bodies of the the city, the dead body of any human being, without a Snfrom tL permit in writing for that purpose from the health officer, clty * under the penahy of one hundred dollars. § 5. No person shall bury or inter, or assist in burying Bodies to be . , 1 J ° buried four feet. or interring, the dead body of any human being, except in vaults in the legally established cemeteries, and at least three hundred feet inside the boundary lines thereof, at a depth of less than four feet below the surface of the ground, under the penalty of one hundred dollars; and of the like sum for every week such body shall remain buried less than four feet below the surface of the ground. 304 Re-interments 8 6. ]STo re-interment of the dead body of any human prohibited, y •* *> being shall take place without the permit of the health officer for that purpose, under the penalty of one hundred dollars, to be paid by any one directing the same or per- mitting or assisting thereat ; provided that nothing herein contained shall prevent the interment in any cemetery without such permit of any dead body temporarily placed in any vault in such cemetery. bmS by Person3 § 7- Every sexton or person having charge of any vault, sextons. burying ground or cemetery, shall on Saturday in each week make and deliver to the health officer a return of the persons buried in said vault, burying ground or cemetery, during the preceding week, and the date of the decease, the sqx, age, place of residence at the time of the decease, place of birth, disease of each person so buried, and the name of the person granting the certificate of burial ; and any sexton or person having in charge any vault, burjdng ground or cemetery, who shall neglect to make such re- turns, shall be liable to a penalty of twenty-five dollars for each offence. me e ntbyteSth § ^ nea ^ tn officer shall publish, under his own officer. name, every week, in the corporation newspapers, the number of deaths occurring in the city of Brooklyn as shown by said returns, together with the sex, age and dis- ease of the person so dead ; and shall annually prepare and report to the common council, in the month of Janu- ary, full statistics of the mortality for the year ending on the 31st of December preceding, and such suggestions in relation thereto, as he may deem proper for the public health. Adopted in Common Council, December 26, 1856.- Approved by the mayor, December 31, 1856. Annual statement 305 CHAPTER VI. MISCELLANEOUS ORDINANCES. ARTICLE I. AN ORDINANCE REGULATING THE COMPENSATION TO BE PAID TO CITY SURVEYORS IN CERTAIN CASES. The Common Council of the City of Brooklyn do ordain as follows: Section 1. City surveyors shall be entitled to charge compensation if j '-'of city surveyors and receive the following fees : SSJjXJSi (1.) For making an original map for opening a street or avenue, showing the several . pieces of land and premises necessary to be taken for the improvement, where the dis- trict of assessment does not extend beyond one hundred feet on each side of said street or avenue, three cents per running foot through the centre of said street or avenue ; where the district of assessment extends beyond one hun- dred feet on each side, three cents per running foot through the centre of each intersecting street or avenue beyond the said one hundred feet shall be allowed ; and for making duplicates or copies of the above, one-half the above prices shall be allowed for each of said duplicates or copies. (2.) Whenever any street or avenue shall be regulated In jading and v J J O paving streets. and graded, it shall be the duty of the surveyor having charge of said work to set the necessary stakes to deter- mine the height and breadth thereof, and for such service he shall be entitled to charge and receive one and one-half cents per running foot; and when a street or avenue shall be graded and paved, the surveyor shall be entitled to two cents per running foot ; and for setting the necessary stakes to determine the height and breadth, the line of the curb and gutter, and the intersections on said street or avenue, 30G and for a re-survey after completion in either of the fore- going cases, one and one-half cents per running foot. rsTesTmciuists. For a map and assessment list showing the several pieces or parcels of land to "be assessed, one and one-half cents per running foot, all measured through the centre ; and for a copy of an assessment map and assessment list, three-quarters of a cent per running foot. Setti"?"" an<1 For re-setting a monument, and recording the same monuments. - m ^ Q ^qq]^ k G p t f 0Y p Ur p 0Se j n the street commission- er's office, five dollars ; and for setting a new monument seven and a half dollars. profiles. 8 (5.) For making a profile of any street or avenue, and fixing the grade of the same, one cent per running foot, and when it may be necessary to show more than one line of surface, one cent per running foot for each additional line. weiis° cating (^-) ^ or fi x i n g tne location of a public well and pump, two dollars and fifty cents. Sterns™ CO For fixing the location of a public cistern, five dollars. fiSinf up iots? d CO For the necessary survey and stakes, for grading, digging down or filling up vacant lots, and making an assessment map and list for the same, two dollars per lot. (9.) Whenever a sewer is to be built, the surveyor's fees shall be as follows : for the necessary specifications and calculations for building a sewer, including the working- plan, twenty-five dollars; for profile and grade line of sewer, one cent per running foot ; for survey and stakes for sew r ers and culverts, and re-survey after completion, three cents per running foot; for each receiving basin, three dollars ; for an original assessment map and assessment list, with the different prices of property to be assessed, and the dimensions of each piece of property, and the number of superficial feet thereon, one and one-half cents per run- ning foot through the centre of each street on said assess- ment map ; but if the assessment map shall be a copy of In buildin sewers. 307 any ward map or maps, (and whenever there is a ward map or maps, the assessment maps shall be copied from the same,) then the price shall be one cent per running foot through the centre of the several streets on said map ; which fees shall be in full for all services which may be required to be performed by any surveyor in the construc- tion of any sewer. Adopted in Common Council, March 23, 1857. Approved by the mayor, March 28, 1857. AETICLE II. AN ORDINANCE TO FIX AND REGULATE THE DUTIES OF THE CLERKS OF THE POLICE JUSTICE AND JUSTICES OF THE PEACE. The Mayor and Aldermen of the City of Brooklyn, in Com- mon Council convened, do ordain as follows : Section 1. The following shall be the duties of each of the clerks of the police justice, and justices of the peace: § 2. He shall attend daily, except on Sundays and pub- office bom s, lie holidays, for the transaction of business at the office designated by the common council, for the justice of whom he is clerk, from 9 A. M. to 121 p. M., and from 2 P. M. to 5 P. M. § 3. He shall carefully file and preserve all papers re- cierk to file lating to the official business of the justice, in such manner that reference to them may at all times be easily made. § 4. He shall make out, under the direction of the ius- To make out -n i n process in tice, all venires, subpoenas or attachments for witnesses, criminal ca*c>. final committments, recognizances, and records or certificates of conviction, and procure the signature of the justice there- to, and shall deliver the same for execution upon payment 308 of the fees properly chargeable therefor, or cause the same to be filed as required by law. To keep a police § 5. He shall keep the following books of records of register. J J- ° criminal cases : — A register of convictions. To make daily report. To make out process in civil f city officers 217-18 Bonfires — Not to be made in streets 283 21 Bowls and Bowling — Licensed 281 Bow Windows— Regulation of 286 Boxing Rings— Prohibited 280 Buildings— Projections from 286 Moving, through the streets 290 Burials — Regulation of 308-4 Carriages— Not permitted on sidewalks 290 Washing of in streets, prohibited. . . 291 Cartmen— Licenses to 253-4 Regulations of 254-7 Compensation of 262 Certificates of Indebtedness — Provision in contract for 228 When not to be issued 229 Cesspools — Construction of 298-9 Emptying of 299 Chimneys — Taking fire 283 Circus — Prohibited, unless permitted 280 Cisterns — In streets, how permitted 226 Public, how filled 231 In streets 287 Public, damage to 291 City Clerk— Duties of 246-8 Assistant to 249 City Railroad Company— Regulation of 260-1 11 INDEX TO ORDINANCES. ClTl bl'HVKYOBB — | Duties of 249-60 > Fees of 305-7 j Clekk of Police Court — Duties of 307-11 j Clerk of tiie Markets— Duties of 251 ' COCKFIGHTINQ — Prohibited 280 Collector of Taxes and Assess- ments— His duties 239-41 Commissioner of Repairs and Supplies — Towers aud duties of 229-234 Common Snows- Prohibited unless permitted ZoU Comp i roller — His duties 237-9 Contracts — Officers not to be interested in 22u Estimates for 221 Penalties in 227 For supplies 23-2 Cows- Keeping of 301 Dead Bodies — Regulations relating to 303 Deaths— Statements of 304 Deeds — For lands abandoned 224 Delinquent— Contractors 225 Dogs - At large 302 Engineers of Firi: Department— Election of 267 Eligibility and vacancies in office of. 26S Who entitled to vote for 26; Oafli of office and salaries 212 Business office and* hours. t^. 275 Duties o: , 275-7 Engine Houses- How kept in order 273 Assembling in, prohibited 293 Ewil Pkaciices— Ordinance in relation to. False Alarms of Fire- Pi oh ibited 279 '293 Faro Tables — Prohibited 980 Fees of City Officers— To be paid into city treasury 21b Fire A RMS- Discharge of, prohibited 282 Fire Department- Two organizations of 260 Election ot engineers 267 Eligibility of engineers 268 Vacancy in office of engineers 26> Who entitled to vote for engineer* 26S-9 Who are firemen 269 Firemen, how elected 269 Companies in ~'7o Badges of officers and members 271 Property of 273 Companies to receive certain amount annually 272-8 t ire Engines — Repairs of 231 liunning with, piohibiied 293 Not to be drawn on down grades of railroad tracks 272 t* IREMEN — Who are, and how elected 269 Voting by proxy prohibited 269 To be approved of by Com. Coun. 269-7u To he divided into companies 27u Differeni companies,how constituted 270 New companies, how formed 270 Companies responsible for acts of me.n bers. 27 1 Hosemen responsible for ca.e of property 271 Duties ofv 271 Certain practices by, prohibited 272 Personation of, prohibited 293 Fire Wardens— Oath of office and salaries of 272 Duties of 277-9 Fireworks— Discharge of, prohibited 282 Gambling and Gambling Houses — Prohibited 280-281 Goats— Keeping of, regulated 80i Grading — And paving streets. 227 Gunpowder — Keeping and conveying ol, regu- lated 284 5 LNDEX TO ORDINANCES. Ill GUTTERS AND SEWERS— Obstructions of. prohibited 290 Hackmen — Licences of 253 Compensation 264-6 Regulations of 254 Handcartmen — Licenses of 258 Compensation 265-6 Regulations of -254 Hay— Keeping of, regulated 283 Health Department — Establishment of 294 Health officer, his business hours. . . 294 Penalties for violation of health or- dinance, how applied -~94 Annual sanitary inspection by 295 Nuisances in streets, how abated 295 Nuisances on private property, how abated 296-7 Horses— Racing of in streets, prohibited 29^ Standing in streets without drivers, prohibited 2i)2 Drinking from vessels or puuips, prohibited 291 Inspectors of Meat — Duties of 252 Inspectors of Pavements— Duties of 250-1 JUNKSHOPKEEPERS — Licenses to 253 Regulations of 258 Justices of the Peace — Regulations of clerks of 307 Kites — Flying of, prohibited 292 Lamplighters — Supervision of 283 Payment of 234 Lamps and Lamp Posts — Repairs of 231 Evil practices in relation to, proai bited 291 Lands Abandoned — Duties of street commissioners in relation to 224 Deeds for 224 Licensed Persons— Regulations of. 254 Compensation* ol certain Licknsks— Mayor to grant 222-253 What to contain 2 )3-4 Fees to be paid therefor 254 Regulaiions of persons licensed -J54-8 Lights — In i-tables, regulated 282 Man l factories — Certain, prohibited 302-o Maps— Of streets for local improvements . . . 228 Of wards, how corrected 240 Markets — Regulations of. 300-1 Mayor— To grant licenses 222 To supervise all city officers 222 To determine repairs and supplies. 222-8 To approve ordinances 248 Meats - - >ic