REVISION BY-LAWS AND ORDINANCES REVISER'S REPORTS TO THE Common Council^ lEx ICtbrtfi 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 GiiTOF Sr.YMOUR B. Dl RST Old York Library Document Mo. 83. BOARD OF ALDERMEN, APRIL 9, 1838. The Committee on Laws^ <^c. of both Boards presented the following repor t on the Reviser^s Reports on the Ordinances and Resolutions of the Common Council, ichich teas laid on the table and directed to be printed for the use of the members. THOMAS BOLTON, Clerk. The Committee on Laws of both Boards, most respectfully Report: That the Reviser of the City Ordinances, appointed by the resolution of the Common Council of the 11th of July last past, has according to the exi- gency of that resolution, submitted to the supervision of this Committee ^ that portion of the work contained in the printed document herewith sub- mitted. The Cf mmittee have examined the same, and now present it for the consideration of the Common Council. In his prehminary report, prefixed to this revision of the ordinances, tlie Reviser states, that the general principle by wliich he has endeavored to govern himself, is so to frame the ordinances as to separate the legislative from the executive departments of government. This is undoubtedly the principle of the amended charter. But from the emphasis he lays upon it, the mference might be drawn, that the adoption of tliis principle would lead to great alterations in the ordinances and modifications of the departments, but for his subsequent remark, that the existing ordinances are framed up- on this principle, and that " the instances are few, ui which executive du- ties are conferred on Committees by the ordinances." In the ordinances now submitted, but two instances occur in which the Reviser suggests the propriety of relieving the Committees from powers now exercised by them ; one is on page 21, in sec. 5, subd. 4, which is a new section suggested by the Reviser, giving power to the Comptroller to appoint Appraisers 11 on renewal of leases ; wliereas the resolution of the Common Council, cited in the note as that by wliich this section was suggested, associated the Finance Committee with the Comptroller: the other instance is on p. 44, ^ 2, where it is proposed to relieve the Finance Committee of the duty of passing upon surety bonds, and to leave it to the Comptroller, as an executive duty. This Committee approve of the first above proposed amendment, but not of the second The duty of passing upon surety bonds and approving of security is a dehcate and responsible one, and more likely to be exercised with the due severity and scrutiny by many than by one ; and it is not clearly an executive duty. To enable the Common Council to see at a glance, the several executive powers conferred by the general ordinances upon the Committees, the Reviser has furnished anoteof the several ordi- nances conferring such powers, and the same is hereto annexed. Many new sections and parts of sections are recommended by the Re- viser for adoption. . Their tendency and intention, in most if not in all in- stances, is to carry out into greater detail the principles of the existing ordinances ; to give greater vigor to the departments, and by declaratory enactments to bring into the code of ordinances, provisions of the Charter. It is beHeved that in every instance in which any alteration (except it be merely verbal,) or addition or amendment is made and contained in the ordinances as now submitted for enactment, it is distinctly noted in the Reviser's Notes ; and the references contained in the notes will, if exa- mined, enable the members to decide upon the expediency of the amend- ments proposed. The Committee would call the attention of the Common Council, parti- cularly t© the following sections, as those containing the only material questions on which differences of opinion are likely to arise, or as requiring particular consideration, as proposed amendments, to wit: chapter 1, title 1, § 2, 3, 6, 9, 10 ; title 2, § 4. subd. 3, 6, 8, 9, 11, 14, § 5, subd. 2, 4 ; title 4, (of the Chamberlain,) ^ 4 ; title 6, (of Arrears of Taxes,) notes ; title 7th, (of Assessments,) notes ; title 8, ^8, ch. 3, (Pubhc Administrator,) ^ 11, and title 1. of the City Debt. The Reviser has requested the direction of the Common Council, as to the plan upon which the revision shall be prosecuted. It would be, as he states, a hteral compliance with the resolution under which he acts, to make a collection of the various ordinances and resolutions arranged under their appropriate heads, omitting what have been repealed, and embodying amendments in the ordinances themselves. Great advantages will no doubt result from making the revision upon the system hitherto pursued by the reviser. These advantages are referred to in h\s report, and an examination of the specimen of the work now Fub- iii mitted for consideralioii, will make them understood. At the same time the labor will be greatly increased and the expense much heavier. Upon this subject the Committee, without having formed a definitive judgment upon the subject, would bring it before the Common Council, by submitting the following resolutions : Resolved, That the Reviser of the Ordinances and Resolutions of the Common Council be directed to proceed in such revision, upon the plan adopted by him, in the Ordinance " concerning the Department of Fi- nance," now submitted to the Common Council. Resolved, That the sum of be, and is hereby appropriated, as a compensation to such Reviser, ui addition to the sum heretofore allowed. Resolved, That such sum be paid in such amounts and at such times as the Committee on Law^s of both Boards, shall approve. And that the Comptroller pay such amounts upon the certificate of such Committee. M. C. PATERSON, D. RANDELL, MURRAY HOFFMAN, MORRIS FRANKLIN. Reviser's Nute refartd ti in Ike foregoing Report, Powers and Duties of the Committees of the Common Council, f UNDER the General Ordinances of the City. \st — The Finance Committee. To approve of sureties on all ofiicial bonds. Ordinances, 245 \ 19. To examine the Comptroller's accounts monthly. Ord. of July 2:3, 1834, 2 Pro. a a 21. To district the wharves, piers and slips, and prescribe conditions, covenants, &c. of leases therefor. Ord. 194, ; 9. The Chairman of Finance Committee of each Board made a Commissioner of the Sinking Fund. Ord. 219, 1. For duties under Ordinances as to Fire Loan, see 3 P. C. C. 190, ] 1. Building Loan, 4 P. C C. 40, ; 4, pa. 61. Water Fund, 4 P. C. C. 42, 60.^ 2d. — The Market Committee. To have the entire control of the Markets, Ord. 29, ^ 2 ; to direct Comptroller as to leasaig of stalls, &c- ';• 3 ; ^.0 appoint persons to per- iv form th« menial duties of Markets, Ord. 30, { 5 ; to receive from Market Clerks their reports of suspensions of stall holders, Ord. 26, 5 13 ; to confirm or revoke such suspensions, Ord. 27, $ 14 ; to grant permits for occupation of stands. § 15. pa. 30, 5 6. 3 P. C. C, 96. Ord. 32 5 3, 38, § 16. To receive from Clerks reports of forestallers, Ord. 28, ^^22. Joint Committee formed, Ord. 29, § 1. IP. C. C 216. Sd. — Committee on Lamps and Gas. Committee and Superintendent to appoint Lamplighters, 3 P. C. C. 152. ^th. — Committee on Streets. Street Commissioner to submit to them all estimates for making wells and pumps, and paving and repairing streets, before making contract. Ord. 53, 5 4. 5th. — Committee on Roads and Canals. Such Committee shall be appointed, Ord. 64, \ 25. The Street Commissioner to submit to them all estimates for making canals, sewers and roads. Ord. 53. \ 4. The Superintendent of Roads in repairing roads, to follow direc- tions of this Committee.. 3 P. C- C 267. Qth, — Committee on Wharves, <^c. To select berths for manure boats, in conjunction \vith Alderman and Assistant of ward, and Supermtendent of Streets. Ord. 85, \ 6. The Street Commissioner to submit to them all estimates for build- ing wharves and piers before making contracts. Ord. 58. $ 4. Made a Joint Committee 2 P. C- C 13. Repealed 3 P. C- C 15. 1th, — Committee on Fire and Water, With Chief Engineer, to cause all engines to be repaired. Ord. 141,^8. To take engine, &c. from Fire Company. Ord. 145, \ 20. To hear remonstrances of Firemen against their removal, p. 146, \ 24. 2 P. C. C. 20. To prescribe alarms of fire, 2 P. C. C. 366, \ 2. To examine estimates for works of the Water Purveyor. Ord. 176, \ 9. To approve of estimates for making new engines before Chief Engineer makes contracts. Ord. 177, \ 5. To advise Chief Engineer and Superintendent of Buildings as ta sale of old engines, &.c. Ord. 243, \ 8. Joint Committee formed, April 19, 1832. 1 P. C. C 171. EEVISEK'S REPORT. To the Honorable the Common Council of the City of New York The Reviser of the By-Laws and Ordinances of the City of New York, appointed by the resolution of the 21st of July, 1837, respectfully REPORTS: That he has the honor of submitting herewith, a revision of the By-Laws and Ordinances relating to the Department of Finance, and to the Accountability of Officers : — To the for- mer of these titles, he has added a revision of the Chapter as to Collectors of Assessments. The Chapters relating to the City Stocks, to the Common Schools, and to the Public Ad- ministrator, will next be submitted ; and these Chapters, to- gether with those now submitted, will embrace nearly all those Ordinances, the subjects matter of which are so connected, as to need consideration when legislating on the subject of the City Finances. This department has been selected as the first for reviiion, for it affects all the others. 4 On entering upon the duties of his appointment, the reviser found hinnseif embarrassed by doubts as to the views of the Common Council in respect to the proposed revision of the City Ordiniuices. The resolution, under which he acts, simply directs '-that a revision of the Ordinances be made" by him " under the general supervision of the Committee on Laws of both Boards." The obligation of the resolution would be per- formed, by collecting the various ordinances, and resolutions oi the Common Council having the force of ordinances, which have been passed since the revision of 1834, and incorporating them with the existing Ordinances, by such alterations of lan- guage as might be required to consolidate the old and the new ; by omitting what is repealed, and altering the original so as to conform to the amendments. Some circumstances favored the conclusion, that such a revision only was contemplated by the Common ("ouncil. It would meet the evils mentioned by the Committee which recoiiimended the revision and the reso- lution ; and called for an amount of labor which was com- paratively small, and which could be speedily despatched even by one whoso attention was, to an ordinary degree, devoted to other avocations. The report and resolution, however, countenanced the idea that the Common Council contemplated not only such a revi- sion as is above described, but, also, such a new arrangement of titles, sections, and even clauses of sections, and the conse- quent alterations of language, as would properly methodise the whole system of City By-Laws. The difficulty of ascer- taining " the actual state of the enactments of the Common Council" complained of by the Committee, and the acknow- ledged want of arrangement and method in the existing ordi- nances, gave countenance to this plan ; although it might re- quire in its execution a re-drafting of many of the Ordinances, and especially of those relating to the principal departments. Again, the repeal by the act of 6th April, 1837, {Laws 1837 pa. 145) of so much of the 274 § of the act of April 1813 — 2 JV. R. L. 447 — which limited the force and operation of the 5 Ordinances of the Corporation to three years from the passing thereof ; and the suggestion of the Committee, that in conse- quence of such repeal " it is probable that hereafter the legis- lation of the Common Council will be of a more permanent and solid character," strongly indicate that it was the wish of the Common Council to lay a basis for future legislation, by so modelling the system, that all future legislation, called for or suggested by the interests of the Corporation and of the people, and the experience of time, should find its proper place in the system now to be arranged, and on being incorporated there- in, should aid in perfecting it. This construction of the reso- lution would licence the reviser in treating the ordinances with a very free hand ; would require of him to examine not only the three ancient Charters, but all Acts of the Legislature, which are constituent parts of the Charter, with respect to each title which may be the subject of legislation or revision ; to ascertain that the Ordinances are warranted by the powers delegated to, and are within the limitations imposed on, the Corporation ; that the Ordinances and features of the govern- ment conform to the obligations of the Charter ; and to sug- gest all such matters for repeal, alteration and enactment as may be thought necessary to meet the spirit of the Charter. The reviser was unwilling of himself, to construe the resolu- tion as conferring such broad powers, and to assume that the Common Council in passing the resolution, contemplated con- fiding to him a work so important, requiring so much accuracy of investigation, and fraught with so much labor. Being thus embarrassed as to the views of the Common Council, the reviser consulted the Committee on Laws, and was instructed by them to prepare a title upon the last and broadest plan of revision, to the end that the same might be submitted to the Common Council, and on consideration of it by the Common Council, their instructions given as to the plan to be pursued for the residue. The revision of the Ordinances now submitted for considera- tion, has been made, in an attempt to execute the instructionif 1 () of the Cornmiilce, and is submitted by the reviser, not without much diffidence as to its execution. But still he has not at- tempted the execution of the plan in its full extent. He has not proposed, and does not propose to himself, in revising the remaining ordinances, even should this plan of revision meet with the approval of the Cominon Council, to propose any new laws, or the incorporation of any new principles into the code, or rules of government. He proposes merely to make such suggestions, as shall seem to him important to bring into ope- ration, with the purposed vigor, the principles of the Charter, and the various principles of the Ordinances revised. He will limit his labors to the subjects matter of the existing Ordinances. Other matters seem to him not to belong to his province, or to be proper for his consideration, without instructions. They appertain to the Common Council alone, and should originate with them. The general principle, by which the reviser has endeavored to govern himself in revising this department, is that which he believes the amended Charier to have rendered obligatory on the Common Council, in passing laws organizing the city go- vernment ; namely, a separation of the legislative from the executive departments. By the amended Charter (Act of April 7, 1830, §1,) it' is enacted as follows : " The legislative power of the Corporation of the City of New York shall be vested in a Board of Aldermen and a Board of Assistants, who together shall form the Common Council of the City." And by § 21 of the same law, it is enacted'that " The executive bu- siness of the Corporation of New York, shall hereafter be per- formed by distinct departments, which it shall be the duty of the Common Council to organize and appoint for that pur- pose.*^ A broad line of distinction is here drawn between the legislative powers, and the executive powers of the Corpora- tion. The former are vested in the Common Council — the latter in some other parties or persons, which it is made the " duty of the Common Council to organize and appoint.** This principle the reviser has endeavored to hold in view, and has 7 considered the Committees of the Common Council as but a part of the Common Council, and therefore, under the amended Charter, limited in their powers to those which are legislative, and as restrained from the exercise of those which are execu- tive. Thou^^h the Charter as amended, makes a distinction between legislative and executive powers, it does not define the one or the other ; and such definitions were unnecessary. The words are in familiar use in respect to the United States government, and those of the several stales, and have their meanings well established ; but still the two departments so nearly approach each other in their outer borders, where the discretion necessarily incident to the legislator, approaches the discretion necessarily incident to the executive officer, that it is not at all times easy to define the line between them. But speaking generally, the distinction is broad and well marked ; to wit: it is the duty of the Common Council to make the laws, and its Committees, as parts of the Common Council, may doubtless aid in the duties of legislation ; it is the duty of the officers of the departments to execute the laws when made. The departments, as organized by the existing Ordinances, are framed on this principle ; and the instances are few, in which executive duties are conferred on Committees by the Ordinances creating the departments. And on an examination of the code of Ordineftices, it v/ill be found, that although the Committees are daily engaged in the performance of executive business, such business is not charged upon them by the general Ordi- nances of 1834. They generally derive such powers from special resolutions. Whether or not the views of the reviser on this subject are sound, and whether or not he has properly construed the Charter, is respectfully submitted. The duty imposed, by this plan of revision, of comparing the several Ordinances with the Charter, renders it incumbent on the reviser to submit to the Common Council, for their con- sideration, the various charter provisions which aftect his judg- ment ; he proposes, therefore, submitting to the Common Coun- cil in his reports, a brief notice of, and reference to, these pro- 8 visions of the Charter, as contained in the ancient charters and laws of the State. This will be done, as with the ordinances now subnnitted, in the form of notes, or a running commentary on the matter submitted. But these notes do not pretend any further reference to, or citation of these charter powers and limitations, than are necessary for the consideration of the Com- mon Council, when acting upon the ordinances to which they relate. The portion of the work reported herewith, is prepared, it is believed, in conformity to the views above expressed. The remainder of the revision will be conducted upon the same principles, should it meet with the approbation of the Common Council ; but if it should not meet with such approbation, then in accordance with such instructions as the reviser shall re- ceive, from the proper authority, when the subject has been better considered. Most respectfully submitted, WM. SAMUEL JOHNSON. New York, Dec, 16, 1837. CHAPTER 1. AN ORDINANCE CONCERNING THE DEPARTMENT OF FINANCE. The Mayor t Aldermen and Commonalty of the City of New York in Common Council convened^ do ordain as follows : TITLK L § 1. There shall continue to be an Executive Department under the denomination of the Department of Finance. « Note, — This section is new, but taken from the Ordinance first passed un- der the amended Charter relating to this department, 1 Proc. Com. Council, 14, 5 1. It was omitted in the revision of 1834. The de- partment therefore, though now recognized by law, does not on the book of the City By-Laws, appear to be established by law : The Ordinance w^hich created it having expired by the Charter limitation of 1813. 2 iN^. J2. L. 447, § 274 § 2. The forms of keeping and rendering all public accounts whatsoever, j'hall be prescribed by the Department of Finance, and all accounts rendered to, or kept in the several depart- ments of the City Government, shall be subject to the inspec- tion and revision of the officers of this department. 2 10 Not^. — This section is new, and is respectfully submitted as of importance, to give to the Comptroller positive authority over all accounts re- lating to the affairs of the Corporation ; to the end that the most perfect and uniform system of accounts may be arranged, and ac- countability of officers effected. The language of the first clause is from 2 U. S. Laws, 305, \ 9, and the rest of the section suggested by 3 U. S. L. 114, ^ 3, 4. § 3. AIJ claims and demands whatever, by the Corporation or against them, and all accounts whatever, in which the Cor- poration are concerned, either as debtor or creditor, shall be settled and adjusted in the Department of Finance. Note.~-T\us section is taken from 6 U. S. L. 200, \ 2 (1817). It is a provision which, if adopted, would require, as the reviser has rea- son to believe, considerable changes in the financial business of some of the departments. It will be generally admitted as desir- able, that all the fiscal affairs of the City should be settled in this department, the accounts there adjusted, and the balances paid. But whether this is feasible, to the full extent of the principle of this section as submitted, is subject to doubt. Accounts which arise out of contracts, or involve the expenditure of sums in lajge amounts, may be thus disposed of; but those which relate to the expenditures of the Commissioners of the Alms House — for cleaning streets — and the employment and payment of laborers are of a dif- ferent character. Still it seems to the reviser necessary that there should be such a general provision as is contained in this sec- tion, so as to dispose of alt accounts not other^\^se provided for, and the addition of the words " unless otherwise directed by ordinance," will sufficiently restrain the generality of the provision. The section is submitted without the restraining clause, in order that the subject may be brought to the attention of the Common Council. See note to Tit. 2, \ 4, suhd. 9. § 4. The chief officer of the department shall be called " The Comptroller of the City of New York," and shall have the superintendence of the same. JVote. — The Comptroller is nowhere in the existing ordinances declared to be the head of the department. Nor is more positive language used to give him general authority, than in the title here proposed to be 11 amended, to wit : that he us appointed " to superintend th« depart- ment." The language of the above section is taken from the act of Congress establishing the Navy Department. 3 Bio. U. S. Laivs, 44, and Ord. N. Y. 107, ^ 1. § 5. No money can be drawn from the Cily Treasury ex- cept the same shall have been previously appropriated to the purpose for which it is drawn. Note. — This section simply declares the obHgation imposed by the amended Charter of 1830, § 18. KeM's Char. 103. In introducing it into the ordinances, the reviser follows the precedent of the Revised Statutes, which frequently in this form declare the provisions of the Constitution. This section is also the same in substance as the first clause ^ 6, Ord. 109, and embraces the second clause of that section. § 6. All warrants on the Treasury shall be signed by the Comptroller and countersigned by the Mayor, and by the Clerk of the Common Council, and specify the appropriations under which they are drawn. yote. — See Ord. 108, ^ 5. The last clause is new, but all warrants are now drawn as here directed. Before the amended Charter of 1830, all accounts when audited were reported by the Comptroller to the Common Council, then con- sisting offtne Board ; and the Board on such report ordered the war- rants to be issued. There was then an evident propriety in the rule that the Mayor and Clerk should sign the warrants, for the Mayor presided at the Board and the Clerk kept the minutes. Un- der the amended Charter this reason of the rule fails, and the sig- natures of the Mayor and Clerk are Httle more than formalities ; they keep no accounts, and sign the warrants on apphcation of the Comptroller, and his production of what he may offer as vouchers, but of which they know little or notliing. Some other check on the Comptroller seems needed, if any check is desired. § 7. The heads of the several Executive Departments, and all other officers shall, on the requisition of the Comptroller, furnish him with a detailed estimate as near as may be, of ihe 12 sums which will be required for each distinct object of expen- diture tinder their supervision respectively, in order that the necessary appropriations may be made according to the Charter. iVote.— The same in substance as Ord. 109, § 8. The term "Executive Departments" has been adopted as the Charter name, and the sec- tion is extended to " all officers" from whom the Comptroller may wish information. See post tit. 2, ^ 4, subd. 11. § 8. All temporary loans shall be secured by bonds of the Corporation, executed under the Common Seal, signed by the Mayor, and countersigned by the Comptroller. Note. — The Ordinances contain no , provision on this subject, but as the agents of the Corporation can bind it, only in execution of powers conferred on them, a general law in this case is submitted, to confer the necessary power ; but whether these are the proper officers, is respectfully submitted. § 9. All contracts which shall be made by any officer of the Corporation by virtue of authority on him conferred by any ordinance^or resolution, and which shall require payment of money out of the City Treasury, shall be filed in the Comp- troller's'^office, as soon as execuled. Note. — This section is constructed after the resolution of June 10, 1837, (not printed,) but is made general so as to cover all officers. The' resolution cited is confined to Heads of Dfepartments. See pa. 10, § 3. § 10. Whenever any appropriation shall be exhausted, and its object be not completed, the head of the department for which it was made, shall, on the requisition of the Comptroller, report to him the reasons of the deficiency, and an estimate of the amount that will be needed to complete the object of the appropriation. ^ote.— This section seems necessary to enable the Comptroller to execute the duty required of him by Ord. 109, $ 6, post tit 2, § 4, sub. 13. TITLE II. OF THE COMPTROLLER. § 1. The Comptroller shall be appointed by the Common Council, and before entering upon the duties of his office, shall make the oath or affirmation required by the ordinance, and give security in the sum of ten thousand dollars, faithfully to perform the duties of his office. j^ote. — The same in substance as \ 1, 2, and 3, of the existing ordinance (page 107). The person before whom the oath is to be made, and the matter of the oath, and the form of the security, and the ap- proval of it, are omitted here as they are all directed in the law, as to " accountabihty of officers." So much as relates to the oath here may with propriety be stricken out. This officer is appointed imder the general powers of the Chajter. He was first required to give security by the ordinance of Sept. 28, 1812. Post pa. 66. § 2. He shall receive an annual salary for his services, pay- able qua/terly. Note. — The amount of the salary is here omitted, and left to be provided for in the salary and fee bill. § 3. The Comptroller shall be responsible for the faithful performance of the duties of all subordinate officers, who shall receive their appointments from him ; and a clause to such effect shall be inserted in his official bond. Note. — This section is new, and the reviser is not aware that any officers hold their appointments from the Comptroller, except one Clerk in the finance department appointed under the ordinance as to the Fire 14 Loan — Post ch. 5, tit. 3, ^ 21 ; but it has been deemed wise in the or- ganization of the Executive Departments of most state governments, to give to the heads of tlie departments, the appointment of their clerks, and other small officers, and there may be some other offi- cers of the city who come under tliis rule. If such is the case, there seems to be an obvious propriety in holding the delegate of this appointing power responsible for a due exercise of discretion ; and he will of course, protect himself by sureties for the faithful conduct of his appointees. § 4. It shall be the duty of the Comptroller 1. To superintend the fiscal concerns of the Corporation, to manage the same in the manner required by law, and suggest plans for the improvement and management of the city reve- nues. Note. — This section is new, and is suggested as in accordance with the principles of title 1st. The language is adopted from Is^ R.S. 169, \ 1, sub. 1 and 3. 2. To take charge of all ,the real estate of the Corporation, and report to the Common Council all encroachments thereon. Note. — The same as first clause of Tit. 2, \ 1, Ord. 107. 3. To take charge of, and keep all title deeds, leases, mort- gages and other assurances of title, and all evidences of debt, contracts, bonds of indemnity, and official bonds, not specially directed to be deposited elsewhere than in his office. ]>fote. — The same in substance as the residue of the section last cited. — Ord. 108, 5 2. " Contracts" is inserted in accordance with \ 9, pa.l2 ante. 4. To cause all grants, leases, counterparts of leases, and deeds executed by direction of the Common Council, or under its authority, to be recorded in proper books to be kept in his office. 5. To see that a proper map or survey of all lands and pre- 15 mises to be granted, conveyed or leased by the Corporation, be annexed to the f^rant, deed or lease thereof, and be therein referred to, before the same be executed ; and that a proper map or survey of all lands or premises to be ceded, granted, conveyed or leased to the Corporation, be annexed to the grant, deed or lease thereof, and be therein referred to, before the same be accepted and filed in his office. Note. — Tliese subdivisions, 4 and 5, are taken from Ord. 108, \ 4. The alter- ations of language are made to express positively^ the duties it is sup- posed this 4th section was intended to impose. A comparison of the original and the substitute, will show that they differ only in precision of language. See further post. ^5, sub. 5. 6. To superintend all officers of the Corporation, who shall receive or disburse the public monies of the city, or who are charged with the management or custody of its funds, and all such officers are hereby declared to be subordinate to his au- thority. Note. — The first claiise of this section is the same as the first clause of 5 2, Ord. 108. The second clause is introduced to embrace a class not included in the first clause. The residue of the section is to render distmct and particular, a portion of the general authority given to the head of the department, by ^ 4. Tit. 1st, and § 1, of tliis title, 7. To difect and superintend the collection of all rents, debts, demands and monies due to the Corporation, and furnish the Collector of the City Revenue accurate accounts of all such rents, debts and demands, as shall be in arrear and unpaid. iVote— The same as Isi and Sd clauses, $ 3, Ord. 108. See 1 R. S. 169, 5 1, sub. 6. 8. To examine, audit, adjust and settle all accounts in which the Corporation is concerned, either as debtor or creditor, in cases where provision for the settlement thereof shall hare been made by law, and the settlement of which is not specially 16 commiued by ordinance to some other authority ; and where no such provision, or an insufficient provision shall have been made, to examine the claims, and report the facts, with his opinion thereon, to the Common Council. Note. — By \ 3, pa. 10, ante, the general power is given to this depart- ment, wliich is here delegated to the Comptroller. This subdivision embraces the second clause of \ 3, Ord. 108, and the first clause of \ 5, same page. The language is changed, to ac- cord it strictly with the new section 3, Title 1st supra. The other provisions of this subdivision are new, and are taken from 1 R. S. 169, ^ 1, subd. 7, 6 U. S. Laws, 200 5 2. They extend largely the du- ties of the Comptroller as to claims against the Corporation, and are calculated to reUeve the Committees of the Common Council from much of the labor they now perform. The duties seem to belong to the executive officer. A similar provision is to be found in Ord. • 53, ^ 5, as to the Street Commissioner, though the practice under that section is to refer the matters there mentioned to a Committee for inquiry, in the first instance, instead of the Street Commissioner* See. 1 Pro. C. C. 45. 9. To draw and sign all warrants on the Chamberlain for monies, which he shall be duly authorized to draw from the Treasury, and present the same to the Mayor and Clerk of the Common Council, to be countersigned by them respectively. Note. — The same in substance as second clause of § 5, Ord. 109. The re- sidue of this section is transferred to the title relating to the Cham- berlain. If the Common Council should think fit to adopt the new 5 3, Title 1st, without hmitation, (which would require all accounts to be settled in the Finance Department,) or adopt some new check on the Comptroller in the place of the now formal, though formerly real one, remarked upon in the note to § 6, pa. 11 ante, it may render it expedient to require the warrants to be signed, or coun- tersigned by other officers than those above mentioned. It is doubt- less the policy of the rule, requiring the counter signatures, to form a check upon the disbursing officer. By the present financial sys- tem, large accounts are kept and settled, and large sums disbursed in the several departments. The monies thus disbursed, are drawn •from the Treasury in large sums, on the Comptroller's warrants, issued in pursuance of requisitions from the other departments ; and 17 the accounts of the disbursements are afterwards returned to the Comptroller's office. If the system be changed by the abovemen- tioned rule, the accounts would probably be first rendered to the Finance Department as the foundation of the requisition; and a warrant drawn for the balance or footing of the account. It would then seem to follow as a consequence, that the warrant should be signed or countersigned by the officer making the requisition. The warrants in such case would be entered in the department making the requisition, and again in the Comptroller's books, and a third time in the Chamberlain's books. The checks would be thus mul- tipHed. At present, neither the Mayor or Clerk keep any register of warrants. -See 1 R. S. 169, ^ 1, sub. 9. 155, 2 17. S. Laws, 304, Act Ccmg. Sd March, 1817. 6 Laws, U. S. 201. § 7. 10. To compare the semi-annual accounts of the Chamber- Iain, with the vouchers relating to the same, and with the books of his office, and report every such account with such remarks thereon as he may deem necessary and proper, to the Common Council, at the next subsequent meeting thereof. Note^The same as part of § 2, Ord. 108. 11. To see that true and accurate accounts are kept of all matters appertaining to his office, and once in each month to submit to the Finance Committees of both Boards, a full state- ment of the accounts of his department for the previous month, together with the corresponding vouchers, to the end that they may be duly examined and reports made thereon, from time to time, as the Committee may deem proper. Note. — The first clause of this subdivision is new, and intended by express language to give to the Comptroller a command over the form of accounts kept by the Deputy Comptroller and all others. The title relating to the Deputy Comptroller would give color to a claim by him as the " Accountant" of a right to control the form of the ac- counts. — The residue of this subdivision is from the Ord. of Jvly 23, 1834, 2 Pro. C. C. 210. The portion of this section which requires the Comptroller to submit his accounts monthly to the Committee, is practically pretty 3 18 much a dead letter. To examine these accounts is a piece of drudgery which few Committees will perform to any good purpose, ut least so long as they shall continue to be charged with the one- rous duties they now execute. It will be admitted that these ac- counts ought to be subjected to the most rigid scrutiny ; that it is a principle of our institutions to watch with jealousy the pubhc ex- penditures, and to expose them to public examination. The bare pubHcation of public accounts operates as a healthy check upon dis- bursing officers and legislators, and draws upon them a more severe examination than they are likely to receive from the mere perform- ance of an official duty. The reviser therefore respectfully sug- gests that the object of this section would be better obtained, by requiring the Comptroller to report his accounts in detail of items, monthly, to the Common Council, to the end that they be printed in a volume by themselves. The annual account required by suhd. 15, pa. 19, post, would then be easily made up by references to the monthly accounts, and as a summary of them. In such case, mis- application of money would hardly escape detection by persons either interested or curious. If this suggestion should meet the approbation of the Common Council, the reviser submits that the object would be effected by adopting the following as a substitute for the above subdivision 11, connected with subd. 15, pa. 19. % 11. To see that true and accurate accounts are kept of all matters ap- pertaining to his office, and once in each month report to the Common Council a full statement of the receipts and expenditures of the City, accounted for in his department during the previous month, stating the items in detail classed under their respective appropriations, to the end that the same be printed. 12. To make annually a detailed estimate of the receipts and expenditures of the ensuing fiscal year of the Corporation, and report the same to both Boards, on or about the third Mon- day in December, in order that the annual appropriations may then be made ; and also an estimate of the probable amount of tax that may be required for the ensuing fiscal year, in order that application may be made to the Legislature for authority to levy the same. Note. — Thia subdivision is the same as $ 7, Ord. 109, as amended by the 19 resolution of July 30tli, 1834, with slight verbal alterations. This resolution is not printed in the volume of Proceedings of the Common Council, but see MSS. Minutes of the Common Council. See ante pa. 11, ^ 7. 13. To report annually to the Common Council, as soon as possible after their induction into office, a statement of all con- tracts made, directed or authorized by resoluti(>n or ordinance of any previous Common Council, and not performed, com- pleted and paid, the expense of which, or any part whereof, shall remain to be paid from the City Treasury, and also the amount that shall so remain to be paid. Note. — This is the same as \ 10, added to Title 1 of this Chapter, by the Resolution of July 30, 1834, above referred to and not printed. 14. To report forthwith to the Common Council every case in which an appropriation shall be exhausted, and the object of the appropriation not completed, and accompany such report with a statement of the sums which have been drawn on such appropriation ; the particular purposes for which they were drawn; the reasons of the deficiency, and an estimate of the amount that will still be needed to complete the object of the appropriation. # Note. — This is the same in substance as all but the first and second clauses of \ 6, Ord. 109. The alterations of language are principally verbal. See ^ 10, pa. 12 ante. 15. To report to the Common Council annually, on or about the day of in each year, a complete state- ment of the funds of the Corporation, its revenues and expen- ditures during the preceding year, with the expenditures in de- tail classed under their respective appropriations, except such as shall be contained in his monthly reports ; and cause the annual statement of the City Finances, and publication thereof I 20 to be made, which is required by the twentieth section of the Act to'amend the Charter of the City of New York," passed April the 7lh, 1830. Note, — The first clause of this subdivision is new. There seems to be no obligation imposed on the Comptroller to report to the Common Council the condition of the City Finances. The language used is taken from 1st R. S. 169, § 1, subd. 2, excepting the clause directing the statement of the expenditures in detail^ and under their respec- tive appropriations. This clause is respectfully submitted by the reviser as new, and as worthy of the consideration of the Common Council. The annual statement of the public accounts made under the Statute, contains but few of those details, from which an opinion can be formed whether the appropriations have been wisely expend- ed or not, and those details can be seen only on a laborious search in the Comptroller' office. The labor and expense of making and publishing this account, seems to form the principal objection to it. If the proposed substitute for the 11th subdivision of this section should be adopted, the account here directed could be easily made by reference to the monthly accounts. It is estimated that a com- pliance with these two provisions would occupy about the half the time of a Clerk ; and that this expense and that of printing would be met by improved administration of the City Finances. The residue of the subdivision is from § 9, Ord. 109. § 5. The Comptroller is empowered as follows, that is to say: 1. To order and direct all such legal proceedings as he shall deem necessary and proper, to secure payment of rents or any other debts due to the Corporation, or to obtain pos- session of any premises to which the Corporation are or shall be entitled. Note.— The same as last clause of Ord. 108, ) 3, see 3, Pro. C. C. 52. See Ord. 113, $ 2, and post Tit. 5, § 4, sub. 3. 2. To borrow, from time to time, in the name and on the credit of the Corporation, and in anticipation of the revenue of the current year (but not otherwise), such sums of money, not exceeding in the whole the sum of 100,000 dollars, and at 21 an interest not exceeding the rate of six per centum per an- num, as tiie legal demands on the Treasury may, from time to time, render necessary to discharge such demands. jVote. — This subdivision as it regards the power given to the Comptroller is taken from the Resolution of Dec. 31, 1834, 2 P. C. C. 291, which resolution is general in its language, though probably intend- ed to apply to the current year only. But the power there given is here limited, by incorporating with the grant of power the restric- tion of the amended Charter, ^ 19, and also by restraining the power to the legal demands on the Treasury. See the like in respect to the Comptroller of the State, 1 R. S. 171, ^ 11. Whether such a general power is or not expedient is respectfully submitted. But such loans shall be made only on the Bonds of the Cor- poration, executed under its seal, and signed by the Mayor and Clerk of the Common Council ; and before executing any such bond, the Mayor shall receive from the Comptroller a statement showing the condition of the Treasury, and the causes which shall render such loan necessary ; and the Mayor shall report such statement to the Common Council at next meeting of either Board. Note. — This clause is new. Its object is obvious. See 1 R. S. 171, § 13. 3. T^o consent in the name and on behalf of the Corporation, that the lessee or assignee of any lease made by the Corpora- tion, may assign such lease, or underlet the demised premises, in all cases, in which provision is made by such lease that the same shall not be assigned, or the premises underlet without the consent of the Corporation. But no such consent shall be given, unless all arrears of rent be paid in full. Note. — The same in substance as Resolution of 9th July, 1834. 2 P. C. C. 202. 4. To appoint Appraisers on behalf of the Cor- 22 poration, to ^ttle the rent on renewal of any leases, or the value of the building to be paid for on the expiration of any lease in which the Corporation is or shall be interested, when- ever, by the provision of such lease, the appointment of such Appraisers shall be required. Nol£. — This subdivision is suggested by the resolution of 24th Sept. 1834, 2 P. C. C. 237, passed in relation to leases of lands at Brooklyn, which expired 1st May, 1834. The expediency of the above general rule is most respectfully submitted. By the resolution cited, the power of appointment was vested in the Finance Committees, but as the duty is Executive, it seems to the reviser to be more consistent with the amended Charter, \ 21, to vest the power in the head of the proper Executive department. But should it be deemed by the Common Council more discreet to retain in the Committee the control over the appointments, the blank left may be filled with " by and with the advice and consent of the Finance Committee of the two Boards." Vid. 4 P. C. C. 117, 215. 5. To accept the cession of any streets or avenues or parts thereof not ceded or opened, on receiving a proper conveyance of the same to the Corporation, with a map of the ceded pre- mises annexed thereto, and a certificate of the Counsel approv- ing of the same, provided the whole expense of such cession be paid by the party making the same. Note.— 'The same as Resolution of 7th Oct. 1836, 4 P. C. C. 85. TITLE III. OF THE DEPUTY COMPTROLLER AND CLERKS. § I. There shall be appointed by the Common Council a discreet and proper person to assist in the execution of the duties of the Finance Department, who shall be known as the Deputy Comptroller. § 2. The Deputy Comptroller shall, before entering upon the duties of his office, make the oath or affirmation required by the Ordinance, and give security in the sum of five thousand dollars, faithfully to perform the duties of his office. Note. — T'he same in substance as § 1, 2, 3, of Tit. 8, ch. 11th, Ord. 110. The clauses of the Ordinance omitted, are so omitted, because like pro\T.sions are made in the general ordinances as to " Accountabi- lity of Officers." § 3. He shall receive an annual salary for his services, pay- able quarterly. § 4. The Deputy Comptroller shall be the accountant of the Finance Department, and it shall be his duty 1. Ttf keep a regular set of books, by double entry, in which shall be opened and kept, as many accounts, under appropriate titles, as may be necessary to show distinctly and separately all the receipts and expenditures upon each important object; and also all the debts due to the Corporation by individuals. 2. To adjust the accounts and vouchers of the Finance De- partment, and classify the accounts of each department of the city government under its proper head ; and to keep account of all the appropriations made by the Common Council, and of the sums expended under the same severally ; and generally to keep so many and such books and accounts as may be 24 nccdssary to give a clear and lucid view of the fiscal concerns of the Corporation, as shall be directed by the Comptroller. 3. In case of the absence or disability of the Comptroller^ or vacancy in that office, he shall perform all the duties of the Comptroller, and possess all his powers. Note.— The same as Title 4 of Chap. 11, Ord. 110, 111, except the last clause. See 1 R. S. 157, § 24. § 4. A suitable person shall be appointed by the Common Council, Clerk in the Finance Department, who shall perform such reasonable duties as shall be required of him by the Comptroller or Deputy Comptroller, and receive a salary for his services, payable quarterly. Note.— The same as Ordinance of June 16, 1834, 2 P. C. C. 196. TITLE IV. OF THE CHAMBERLAIN. § 1. The Chamberlain of the City of New York is appoint- ed by the Common Council. Note.— The same as Ord. Ill, Tit. 5, ^ 1. The appointment of this offi- cer by the Common Comicil is required by the charter. The obH- gatory language of the section is therefore changed to such as is merely declaratory of the superior charter obhgation. See Charter of 1686, ) 9, pa. 17. Char. 1730, ; 10, pa. 4*^. Kent's Xotes, 128. He holds his office until another fit person be appointed in his place. Char. 1730, J 11, p. 52. § 2. The Chamberlain shall, before entering upon the du- ties of his office, make the oath or affirmation required by the Ordinance, and give security in the sum of twelve thousand five hundred dollars, for the laithful performance of the duties of his office. Note. — The sami as Y2d, 3d of Tit. 5, Ord. Ill, except as to those parti- culars provided for by the General Law as to accountability of Of- ficers. By 1 R. S. 370, ) 29, the Chamberlain is made County Treasu- rer, and the provisions of the act as to County Treasurer made ap- plicable to liim, 1 R. S. 369. Sections 18, 19 of that law prescribe the nature of his bond as County Treasurer. For oaths of office of County Treasurer, see 1 i2. *S. 119 ; for mode of appointment, 1 R. S. 114, ] 13. See also 2 N. R. L. p. 399, § 150, 151, 152. Char. 1686, J 8, pa. 15.— 1730, J 10, p. 49, ) 33, p. 80. Kent's note, 171. § 3. He shall receive an annual salary in lieu of all com- missions on money raised by lax for the use of the city, and as a full compensation for his services, 4 2G Note. — Same as H, Ord. Ill' omitting the amount of salary, to be pre- f-cribed in the Salary Ordinance. By 1 R. S. 370, ^ 28, the County Treasurer is allowed a commission of one per cent, on all monies which he shall receive and pay. By Act of 1823, ^ 27, (Laws 401,) this commission was given to County Treasurer?, except the Trea- surer of New York ; but by 1 R. S. 370, h 29, he is not excepted. The legality of the above section, except upon the ground of con- tract, is respectfully submitted. See also 1 N. R. L. (1813) 400, 5152. § 4. It shall be the duty of the Chamberlain, 1. Once in every week, to deposite all monies received by him, in such one or more of the Banks in this city, as the Com- mon Council shall, by resolution, direct; and if no such direc- tion be given, then in such bank as he shall elect ; and he shall thereupon make report to the Comptroller, of the amount so deposited, from whom received, and on what account. iVote.— Same as Tit. 4, ■ 1, Ord. 111. 2. On the first Monday in the months of May and Novem- ber, in each year, to render to the Comptroller an account cur- rent of the money received and paid by him on account of the Corporation, during the preceding six months, and deliver over to the Comptroller his vouchers for the same. iVote.— The same as \ 2, Ih. Tit. pa. 112. 3. He shall not pay any warrant drawn upon the Treasury, which is not drawn, signed and countersigned, according to the ordinances ; and no warrant shall be valid, or sufficient to draw the amount thereof out of the Treasury, unless it be so signed and countersigned, and specify the appropriation against which it shall be drawn. J^ote. — Same as last clause, Ord. 109, y 5. The duty of signing and coun- tersigning of warrants, is prescribed in the Ordinances relating to the Comptroller, the Mayor, and the Clerk of the Common Coun- 27 cil. The first part of this section is now, and m ule restrictive on the Treasurer. The laniruage is general, that it may cover any form of warrant the Common Council may hereafter prescribe. The last clause has been added to accord with the provi.-ions of ] G, pa. 11 ; subd. 9, pa. 16. For other duties of the Chamberlain, as County Treasurer, sea 1, R, S. 389. 4. To opeii an account with each nppropriatii)ii, and charge each payinent he shall make to the appropriation against which the warrant shall be drawn. Note. — New. A compUance with this rule will make the Cliamberlain's ac- counts a check upon the Comptroller's account. TITLE V. OF THE COLLECTOR OF THE CITY REVENUE, § L There shall be appointed by the Common Council, a discreet and proper person to collect all monies accruing to the Corporation for rent, or from the sale of real estate, and all debts, dues and demands due to the Corporation; and he shall be known as " The Collector of the City Revenue." § 2. Before entering upon the duties of his office he shall make the oath or affirmation required by the Ordinance, and give security in the sum of five thousand dollars for the faith- ful performance of the duties of his office. § 3. He shall receive for his services an annual salary, pay- able quarterly. Note. — The same as existing Ordinance, Feb. 7th. Ord. 112. § 4. It shall be the duty of the Collector of the City Reve- nue, 1. To collect all monies accruing to the Corporation for rent, or from the sale of real estate, and all debts, dues and demands, due to the Corporation. 2. Once in every two weeks to pay over to the Chamber- lain, the whole amount of his collections, and thereupon make a full and complete report of the same to the Comptroller, to the end that proper entries thereof may be made in the Comp- troller's office. 3. To report to the Comptroller, all cases in which he shall be unable to collect any debt due to the Corporation, with the causes of such inability, to the end that proper measures may be directed by the Comptroller to secure the same. 29 jVote. — The same as Tit. 9th, Ord. 112, with verbal alterations merely. — See duties of Comptroller, ^ 4, sub. 7, and powers of Comptroller { 5, sub. 1. 4. To keep his books of account in the office of the Comp- troller, as a part of the records of that office, and attend there daily from to o'clock. Note. — This provision is new, and is intended, first, to guard against a claim w^hich has been asserted by officers after removal from office, that their books of accounts are their own property, having been made for their own convenience, and by their own labor ; and, second, to require the attendance of this officer, at a given place, at certain hours, that he may be found by those having public business with him. TITLE VI. OF ARREARS OF TAXES. Note. — Tlie authority exercised by the Common Council in appointing Collectors of the Arrears of Taxes, is contained in the act of April 12th, i816, \ 1. Laics, 1816, 113. It provides, that whenever any tax of any description, on lands, &c. in this city, " shall remain un- paid on the day upon which the Collectors are hmited by law, to account for the collection of the same ;" and the Collector shall make ths aSdavit required by law, of liis inabihty to collect the same. " It shall be lawful for the Mayor, Recorder and Aldermen of the said city, or any five of them, of whom the Mayor or Recorder shall be one, to issue a warrant under their hands and seals, direct- ed to, and requiring some 'proper person to levy the said tax by dis- tress," &c. &c. The provision seems to be pecuhar to the City of New York. 1 R. S. 402, 403, \ 26, 27, pa. 409, \ 52. This power was first granted by act, June 1, 1812. Laws 6, W. 409, \ 4, re-enacted April 9, 1813, ^ 156 ; 2 JV. jR. L. 401. Con- firmed by act, March 10, 1820, § 4, Laws 1820, pa. 71. Again con- firmed by act of April 6, 1825, § 5, Laws 1825, pa. 124 ; and again by act of Aj^ril 19, 1828, ^ 2, Laws 1828, |j. 371, which was passed after the passage of 13tli Chapter of the Revised Statutes, " Of th^ Assessment and Collection of Taxes," 1 R. S. 387. It has also been annually confirmed each year, smce 1828, by the several acts, giving power to the City of New York to raise money by tax. The office of Collector of Arrears of Taxes seems to have exist- ed and been recognized by the Common Council since about the year 1824, but it does not appear in the ordinances until that of 10th Nov. 1833. Ord. 108. § 1. The City of New York shall be, and hereby is, divid- ed into three districts for the collection of such taxes as shall remain unpaid on the day upon which the Collectors are li- mited by law to account for the collection of the same, and shall be returned unpaid by the Ward Collectors; and an officer shall be appointed by the Common Council for each of 31 such districts, who siiall be known as " Coliecior of Arrears of Taxes " for the district for wiucli he siiall be appointed. iVoie.— Composed from ^ 1, of Ord. of Oct. 9, 1S37, and \ 1, Tit. 9, Ord, 113. The language of the Statute " Such taxes as shall remain unpaid on," &,c. has been substituted for such as may have been re- turned unpaid in the delinquent list of the several "WJ^ird Collec- tors," as the latter description seems to be unknown to the law, though perhaps properly descriptive in common parlance. This section provides for the appointment of these officers. By referring to the statutes cited ki the note at the head of this title? it will be seen, that the power of selecting these officers, is con- fided to the Supervisors, and not to the Common Council. The Officers derive their power from the Supervisors' warrant ; and though this law, may be, by the Board of Supervisors, regarded as advisory to them, as to the persons they shall select, still it is appre- hended that the orduiance will not bind them as a law. § 2. The first of said districts shall be compo:ied of the 1st, 2d, 3d, 4th, 5th, Gih and 7ih wards ; the second district of the 8th, 9lh, 10th, llth and i2th wards; the third district of the 13th, 14th, 15th, IGtii and 17th wards. Note.— 'The same as \ 3, of Ord. of 9th Oct. 1837. § 3. The Collectors of 2V rrears of Taxes shall, each before entering upon the duties of his office, make the oath or affir- mation, required by the ordinance, and give security in the sunn of twenty-five thousand dollars, for the faithful perform- ance of the duties of his oilice. Note.— From ^ 1, of Ord. of m May, 1837, and ; 1, Ord. of m Octoher, 1837. § 4. Each of the said Collectors shall be, and hereby is, per- mitted to retain a commission of seven per cent, on all monies collected by him, as a compensation for his services. jVoa. 145, iuid see Act of 21 Feb. IH-J 1, pa. .'39, explaining this law, inid applying the act of 12 A/^r//, 1816, Laws, p. 113. By act of A p. 7, 1820, Laus. pa. 131, the Corporation ife South and authorized to build South and West streets, on default of West street !». proprietors, and if they shall not forthwith repay the ex- pense and interest, "to levy the same, &c. &;c. by distress and sale of the goods and chattels of such proprietors, or the occupants,"*** by virtue of a warrant to be issued by them for that purpose, to any suitable person or, &c. By act of 20th April, 1835, Laics, 107, the Common Council are empowered to order and direct the water, near and adjoining any private wharf, pier, dock and bulkhead, or land witliin the Deepening slips, hmitsof the city, to be deepened at such times, &c. as the Common Council shall deem proper. And the expense of such improvement is directed to be estimated and assessed on all owners of property to be benefited thereby. The estimates and assessments to be made by skilful and competent disinterested per- sons, to be appointed by the Common Council, who are to be sworn, and the other proceedings to be, as directed by the act of April 9, 1813, \ 175, see 2 Pr. C. C. 125, see note to ^ 3. pa. 39. § The Street Comnmissioner, Assistant Street Commis- gioner, and First Clerk in the Street Commissioner's office, shall perform the duties of Assessors, to make estimates of the expense of making wells, boring for water, erecting pumps, pitching, paving and repairing of streets, which shall be made or done b^f, and in pursuance of the order of the Common Council ; and also make every assessment of such expense among the owners and occupants of all the houses and lots in- tended to be benefited thereby, according to the Statutes in such cases made and provided, whenever they shall be ap- pointed such Assessors by the Common Council ; and they, shall perform such duties free of charge. Note. — The same in substance as Tit. 2, 5 22» CTi. 5, (Street Commission- er's Department,) Ord. 56. The alteration consists principally in substituting the language of the statute, which authorizes the Cor- poration to make these appointments, for the language of the sec- tion revised. The section under revision, gives no power to the As- sessors to estimate the expense of the proposed work, but only the power to assess the benefits. The section here proposed, confers the power, and thus comes up to the Statute. The reviser is in- formed that it has not been the practice to make any prehmuiary estimate of the expense, but only to make the assessment after the work has been done, and the expense thus ascertained. Whether or not such practice is in conformity to the law, the reviser respect- fully submits to tlie wisdom of the Common Council, See act April 9, 1813, ^ 175, 2 N. R. L. 407. The Statute requires the Common CouncO to appoint as Asses- sors, " skilful, competent and disinterested persons." The language of the section under revision, would seem intended to supersede the necessity of appointing the Assessors specifically for each work with- in the purview of the section. But in practice such has not been the case ; but on the contrary, the persons designated in the ordi- nance under examination, have been regularly appointed Assessors in each case, as though this section did not exist. The reviser has, in the substitute submitted above, endeavored to frame the section so as to meet these several views, and insure a regular exercise of the powers granted by the Statute. § 2. Said Assessors must severally, before entering upon iheir duties as such, make oath before the Mayor or Recorder, in each particular case, to nriake such estimate and assessment fairly and impartially, according to the best of their skill and judgment. See ih. auc. Note. — By Statute the oath may be before either of the officers above named. § 3. On the completion of any assessment, the amount of which shall exceed fifty dollars, the Street Commissioner shall publish, in the newspapers employed by the Corporation, a notice that such assessment is completed, and will remain in his office ten days for examination by all concerned therein, and at the end of that time will b« presented to the Common Council for confirmation. Note, — From Ord, jmj. 55, {11. 37 § 4. No relief, in cases of assessments for taxes, shall be granted, unless the party has been unable, by absence from the city, sickness, or other unavoidable circumstance, to state his or her objections before the Assessors of the respective Wards, during the ten days they are directed by law to advertise. Ord, 97, § 8. § 5. The Ward Assessors shall cause notices to be left at the residences of each person assessed by them for personal property, stating the amount of personal property thus asses- sed to such person. And the Comptroller shall furnish the ne- cessary printed blanks. iVote— Suggested by Ord. p. 244, \ 10, vide 1 R. S. 393, $ 19, 20. TITLE VIII. OF COLLECTORS OF ASSESSMENTS. § 1. Thertj shall be appointed by the Common Council three. Collectors of Assessments, each of whom shall, before cnter^ ing upon the duties of his office, make the oath or affirmation, and give security in the sum of twenty thousand dollars, faith-, fully to discharge the duties of his office, according to the or- dinance in such case made and provided. Note. — The same as \ 1 and 2, Ord. 96. For the power of the Common Council to make these appointments, see notes at head of title VIL § 2. On the confirmation by the Supreme Court of any re- port of assessments made by Commissioners of Estimate and Assessment, on the laying out and forming or extending, en- larging, straightening, altering or otherwise improving any street, avenue, square or public place ; and on ratification by the Common Council, of any assessment made by Assessors appointed by the Common Council, the Common Council shall designate the Collector to collect such assessment. Note. — The same as Ord. pa. 97, ^1. The language here used to describe the first class of cases is varied from the section under revision, by substituting the language of the statute for that of the ordinance ; (1 N. R. L. 408, ^ 177, pa. 409, { 178, pa. 421, J 186 ;) the word " lane," is dropped, it not being used in said statute. For a de- scription of the other classes of cases, embraced by this sectipii^ see note at the head of Title VII. § 3. The Collector so designated, shall forthwith denriand payment of such assessment from the persons and parties w(io arc by law required to pay the same. S9 J^ote. This demand of payment, previous to the issuing of a warrant to levy, &c. is required by all the statutes relating to assessments, in the sense used in this ordinance. See laws cited at head of Title VII. But as to collections of arrears of taxes, the proceeding is different. In those cases the warrant should be first issued ; and it alone con- fers on the Collectors their legal character of officers, and gives the right to receive the money. See notes, Tit. Arrears of Tajces. ^ 4. In default of payment of the same, or of any part there- of, the Collector shall, within thirty days after the confirma- tion of such assessment, make application for a warrant to le- vy the same, in pursuance of the act in such case made and provided. JVbie.— The same as Ord, p. 97, J 3. The persons to whom the applicatidfii for the warrant is to be made are stricken out, because the Statutes do not, in all cases, give the power of issuing the warrants to the isame parties : to wit ; it is given to " the Mayor, Recorder and Al- dermen, or any five of them, of whom the Mayor or Recorder shall be one," by 1 N. R. L. 407, 425. Laws 1817, pa. 18. Laws 1824, 39. Laws\S^\,p.\^l. Laws 1835, 107; to the "Mayor, Aldermen and Commonalty, or any five of them, of whom the May- or, Recorder, &c. shall be one," by 2 N. R. L. 421. "It shall be lawful for the said Mayor, Aldermen and Commonalty to levy the same * * * by distress and sale of the goods and chattels of said proprietors, &c," by ibid. 432, ^222. In Laivs of 1820 p. 132, $ 1, the saftne language as in last cited act is used, and adding " by vir- tue of a warrant to be issued by them for that purpose, to any suita- ble person." § 5. The Collector of any assessment for laying out and forming or extending, enlarging, straightening, altering or other- wise improving any street, avenue, square or public place, shall make to the Street Commissioner his final return of de- linquents, and amounts uncollected, on or before the expiration of thirty days next after the time limited by law for the pay- ment of the awards by the Corporation ; and the Collector of every other Assessment shall make to the Street Commissioner his final return of delinquents, and of amounts uncollected, on 40 or before the expiration of sixty days, after the confirmation of such assessment. Note. — The same as Ord, 97, \ 4, 98, \ 5. The alterations in language are made to designate more clearly the classes of assessments re- ferred to. § 6. The Street Commissioner, in all cases, upon the Col- lectors making their returns as aforesaid, shall make report lo the Common Council, of all such delinquencies, to the end that they may take order for advertising the same, in pursuance of the Act for the more effectual Collection of Taxes and Assess- ments in the Cily of New York. § 7. The Collectors of Assessments shall deposite the mo- nies collected by them respectively, with the Chamberlain, at or before eleven o'clock, on the Wednesday of every second week, during their continuance in office. Note.— The same as \ 4. Ord. 97. § 8. The compensation for collecting assessments, shall not, in any case, exceed ten per centum of the whole amount col- lected. Note, — The same as \ 7, Ord. 98. The compensation of the Assessors and Collectors of Taxes is regulated by the Supervisors. Laws 1^0, p. 367, \ 9. § 9. The Street Commissioner shall control and direct the Collectors of Assessments, and forthwith report to the Com- mon Council, any omission or neglect, on the part of any such Collector, of the duties of his office. From Ord, 55, § 15, and pa, 97, § 5. Note, — The Collectors of Assessments, by the existing ordinances, are placed under the direction of the Street Commissioner, and there- by made appendages to his office, but their duties are purely finan- 41 cial. It is therefore respectfully Kubmitted to the Common Council, whether in the due and appropriate distribution of the business of the city, and of its officers, these officers and their duties would not be more properly arranged under the Financial Department, and subjected to the authority of the Comptroller. By J '2, T//. 1st, and section 4, sub. 6, Title 2d, of the Department of Finance, authority is given to the Comptroller over all officers who collect or disburse the public monies, and over the form of accounts. If the Common Council should be of opinion that these matters belong to the De- partment of Finance, and should ado;.t the sections alluded to, "Comptroller" for " Street Commissioner" must be substitued in {4) 5, and 8 of this title. 6 CHAPTER II. OF THE ACCOUNTABILITY OF OFFICERS. Note. — The amended Charter \ 22, (Kenfs Ch. 104,) provides as follows : " It shall be the duty of the Common Council to provide for the ac- countability of all Officers, and other persons to whom the receipt or expenditure of the funds of the City shall be entrusted, by re- quiring from them sufficient security for the performance of their duties or trust ; which security shall be annually renewed ; but the security first taken shall remain in force until new security shall be given. See Proceedings of the Convention, pa. 309, 329, 330. The Mayor, Aldermen and CommonaU>/ of the City of New Yorky in Common Council convened, do Ordain as follows : § 1. All officers or other persons to whom the receipt or expenditure of the funds of the City shall be entrusted, shall before entering upon the duties of their respective offices or trusts, give good and sufficient security for the faithful perform- ance of their duties and trusts, and duly and fitithfully to pay over and account for, all such funds and monies as shall come to their hands ; and such security shall be by bond to the Mayor, Aldermen and Commonalty of the City of New York, executed by the officer and sureties, or secured by mortgage on real estate, and shall be annually renewed ; but each bond shall be so drawn as to remain in force, and shall remain in force until new security shall be given. Note, — This section is new. The section of the amended Charter, above cited, makes it " the duty of the Common Council to provide for 44 the accountability of officers," but does not itself make the provi.. \dsion. The existing ordinances contain various specific provisions for particular officers, and probably for each and all of them, but no general provision ; yet such general provision seems obviously to be proper, if not required by the Charter. This section is there- fore submitted. The clause authorizing security to be given by mortgage is sug- gested by the rule of the Court of Chancery on the subject of se- curities. § 2. All bonds for ihe faithful performance of duties in any office, or appuiuiment, or trust, shall be approved as to their form and sufficiency of security, by the Finance Committees of both Hoards of the Common Council, unless otherwise spe- cially directed by ordinance or law. Note. — The same as Ord. 245, ^ 19, except by adding " or trust" taken from the amended Charter ; and requiring the Committee to pass on the form and sufficiency of the security. This duty of passing upon bonds partakes so much of the charac- ter of Executive, as distinguished from Legislative duties, that it is suggested whether it does not properly belong to the Executive Department under \ 21, Am. Char. The last clause is added, to avoid inconsistency of Legislation, as the ordinances require the Bonds of the Superintendent of Lamps, to be approved by the Common Council. Ord. 40, \ 2. And those of Clerks of Markets to be approved of by the Mayor. Ord. 24, 5 2, § 3. All bonds of officers and other persons, for the faithful performance of duties and trusts, shall be filed in the office of the Comptroller, unless specially directed by law or ordinance to be filed with some other officer. Note, — This section is new, although the 'Ordinance as to duties of the Comptrollei:, contains a provision ffom which the obligation of the section might be inferred. Ord. 108, \ 1. Artte Ch. 1, Tii. 2, ^-4, sub. 3. § 4. Every person appointed to any office, or the perforoi- ance of any duty, by and under the Gem^n^on Council, shall. 45 previous to entering upon the duties ol" such olfice, take and subscribe an oath or aliirmation, before the Mayor, faithfully to perform the duiies of said office. § 5. There shall be provided, under the direction of the Mayor, and kept in his office, a suitable number of books for the insertion of the said oaths or affirmations of office, and every person taking such oath or affirmation shall subscribe the same in such book. Note. — The same as Ordinance as to oaths of Office. Ord. 167. § 6. That in all cases where the particular laws do not otherwise provide, it shall be the duty of heads of depart- ments and others, applying to the Comptroller for warrants for money to be by them disbursed, to furnish that officer with the vouchers hereinafter described, to be by him filed as part of the documents of his office, viz : — 1st. Whenever payment shall have been completed by the signing of a pay-roll, said pay-roll, or a copy thereof, duly signed by the party receiving the money, shall be left with the Comptroller, but this section shall not apply to Captains of the Watch. 2d. Whenever a demand shall have been settled by the signing of a receipt, such receipt, or a copy thereof, duly sign- ed by the party receiving the amount, shall be left with the Comptroller. 3d. Wherever payments are made for articles obtained for the public use, the original bill of parcels, or a copy thereof, duly receipted by the party entitled to receive the money for the same, shall be left with the Comptroller. 4th. Whenever services shall have been rendered, or arti- cles furnished, (not under any particular department) which, in their nature, cannot be subject to the operation of any tariff or general regulation for payment, the bill or demand for the game shall be accompanied by an affidavit of the fact, that such services have been rendered, or that such articles have been 46 furnished, and that the compensation charged therefor, is not more than individuals are accustomed to pay for similar ser- vices. Note. — The same as Chap. 42, Ord. 211. The exception to the 1st subdi- vision of 5 6 is added, to conform it to the section relating to Cap- tains of the Watch, to wit : § 7. It shall be the duty of the Captains of the City Watch, at the time of applying for the usual warrant on the Treasurer for the payment of the City Watch, to furnish the Comptroller with a copy of the pay-roll for the two preceeding weeks' dis- bursements; which pay-roll shall cover the sum last drawn, and be certified by the Captain and his Assistant, and the same, together with the application for the money, shall be filed by the Comptroller as a part of the documents of his office. Note.— The same as Ordinance of 26 Dec. 1834, 2 P. C. C. 287. CMAPTER III. OF THE PUBLIC ADMINISTRATOR. Notes. — The administration of the estates of persons dying intestate, and without next of kin, seems to have been left miregulated by Sta- tute, until the passage of the act of 236? March, 1792. By that act the Attorney General was charged with the supervision of the administrators of such estates, and the funds were taken into the care of the state. 2 Gr. 420. By act of 1 Ap. 1799, the Chamberlain of the City of New York was constituted Public Administrator, and the Corporation made re- sponsible for the due administration of all estates, the administration of which was committed to their Chamberlain. See 3 Gr. 559. 1 Web. 321, 322. 1 N. R. L. 449. By act of 11 April 1815, (pa. 161,) the appointment of a PubHc Administrator was given to the Corporation of the City of New York ; the city made responsible for the due administration of the estates committed to liim ; and charged with the funds of the estates. AH thie now existing laws on tliis subject are contained in the Revised Statutes, vol 2, pa. 118, <^c. and Laws of 1837, pa. 222, which see, for the powers, duties and responsibihties of the Corpo- ration, the Comptroller and Pubhc Administrator. By that law, 44,) it is enacted as follows : It shall and may be lawful for the Common Council of the said city to give such direc- tions, and to make such rules and regulations for the government of the said Public Administrator, as they may from time to time deem necessary and proper, to carry into effect the provisions of said arti- cle, {Art. 1, Tit. 6, Chap. 6, Part 2, 2 R. S. 118,) « And it shaU be his duty faithfully in all things to conform to the same," 2 R. & ' 128. Laws 1829, 244. The following provisions of the Statute are submitted to th.e consideration of the Common Council, as well as those cited in the notes to the several sections. 48 The Corporation is made responsible in all cases for the applica- tion of all monies received by the Public Administrator, according^ to law, and for the due and faithful execution of all the duties of his office, 2 R. S. 127, } 42. One year after administration committed to him on any estate, the Public Administrator shall account to the Surrogate. 2 R. 126, 5 35, r.ubd. 9. The balance remaining in his hands on adjustment of his ac- counts, shall be paid into the City Treasury. 2 R. S. 126, ^ 35, subd. 14. The Corporation is made answerable for all stocks transferred by the Public Administrator, and the dividends tliereon, and money paid into the City Treasury, or which ought to be transferred or paid according to law, except the commissions. 2 R. S. 127, $43. The Mayor, Aldermen and Commonalty of the City of New York, in Common Council convened, do ordain as foUoios; to wit: §. 1. The Public Administrator is appointed by the Common Council, and holds his office during the pleasure of the same. § 2. Before entering upon the duties of his office, he must take the oath prescribed by the constitution, and execute a bond with sureties approved of, and conditioned, according to the Statute. § 3. He is to be paid an annual salary for his services in quarterly payments. Note. — These three preceding sections do but declare the law of the state, as in 2 R. S. pa. 118, ^ 1, 2, 3. By the 3d the PubUc Adminis- trator is required to retain a commission on his receipts, and pay the same into the City Treasury. His salary shall not be less than ^i,*m ^ 4. It shall be the duty of the Public Administrator, 1. To furnish the Comptroller with copies of all letters of administration, which shall be granted to him, within three days after they shall be granted. fft^. — The same in substance as Ord. 207, $ 5. 49 2. To make a return to the Comptroller once in each month, and oftener if required, of the amount of money received by him since his then last return, for any estate on which he shall administer. Note, — This section is a re-draft of \ 6, Ord. 207, and is submitted as above, to avoid an ambiguity contained in the last line of the origi- nal section. It is supposed that \ 6 w^as intended to require a monthly return of the monthly receipts only. 3. To render to the Common Council, on the first day of January in each year, or within fourteen days after that day, a statement on oath, and in a tabular form, of the following particulars in each case, in which he shall have taken charge of and collected any effects, or in which he shall have admi- nistered on any estate during the preceding year, to wit : 1. The name of the deceased. 2. His addition. 3. The place of his residence at the lime of his death, if the same be known. 4. The country or place from which he came, if he was not a resident of this state at the lime of his death. 6. The monies received for commissions and expenses. 6. The total amount of receipts and expenditures.* 7. The total amount of debts ascertained and allowed. 8. The amount of costs. 9.^ The amount distributed. 10. The date of the letters of administration. And also a transcript of such of his accounts as shall have been closed or finally settled, and of those on which any money has been received by him as part of the proceeds of any estate on which he has received letters of administration. Note. — This subdivision is a re-draft of \ 7, Ord. 207. The first part of it down to the asterisk,* contains only the obligation imposed on the Public Administrator by 2 R. S. 127, \ 39. The section under revision, evidently intended to affirm those obligations thus far. In the re-draft, the language of the Statute has been substituted for that in the ordinance, for the sake of precision, and has been cau- tiously adopted, as by the Statute the PubHc Administrator is re> 7 50 quired j^^o render such statement, and publish it under the penalty of $500, and forfeiture of office, see 2 R. S. 127, ^ 40, 41. The other alterations are verbal only, and made with a view to greater precision. § 5. The is hereby designated as the Bank in which the Public Administrator shall deposit all nnonies by him collected and received as required by law. iVote.— This section is taken from § 1, Ord. 206, and is the only part of the matter of that section, over which the Common Council has control- The other obligations contained in that section are created by the Statute, 2 R. r shail, whcuever required so to do by tlie Coinptroller, exhibit to him tlie bank book con- taining said deposits, and all other vouchers and documents relating to his, the saiti Public Administrator's office. § 10. It shall be the duty of the Comptroller before signing any check for money deposited as aforesaid, to examine said bank book, and the vouchers on which the required payment is to be made, and to satisfy himself fully ns to the correctness thereof; and in case of any doubt or difficulty, to report the samiC to ihe Common Council. ]>fot.e. — The two last sections are the same as ^ 2 and 3, Ord. 20(3. § 11. No paym.ent of any unadministered balance ot any intestate's estate, remaining on hand, shall be made to any person claiming the same as heir or next of kin to the deceas- ed, unless the Public Administrator and the Comptroller shall be first satisfied, that the person claiming the same be the legal heir or next of kin of the deceased, or otherwise entitled to the estate or payment ; and if positive evidence of the facts cannot be produced, the best evidence the nature of the case will admit of, must be produced and furnished. Note. — The same in substance as the resolution of 11 Feb, 1834, 2 Pro. C. C. 124, but the reviser has doubts as to its propriety. The Statute (2 R. S. 126, § 35, sub d, 13,) is as foUows : " He (the Pubhc Admi- nistrator) shall pay all legacies and shares of the estate of the de- 52 ceased according to the decrees of the Surrogate." Thus taking ail discretion on the subject from the Corporation or its officers, as to matters on which the Surrogate shall act. And the balances which remain in the hands of the Public Administrator, after settling his ac- counts before the Surrogate as before stated, are by the next subdi- vision of the Statute (14th,) directed to be paid into the City Trea- sury. — They thus pass from the authority of the Pubhc Administrator, and the Corporation becomes subject, in relation thereto, to the same habilities as excutors. See ^ 43, pa. 128, 2 R. S. For these habilities as executors, reference must be had to the general law on this subject, for which see 2 R. S. 92, 5 52— pa. 93, § QO—pa. 95, ^ 71— pa. 98, 5 81, 82, 84. But the directions of the Statute seem to run out at this point, and it only remains for the Common Coun- cil to delegate to their proper officers so much of the discretion of executors left in them, for determining wlio may be entitled to the estate, as they may deem proper to delegate. With such ' views, the reviser would advise a modification of the section, so as directly to confer the power, rather than leave it as in the above section, and the resolution of the 11th February, 1834, implying the power to exist in the officers. He therefore proposes the following as a substitute : § 1 1. The Comptroller is hereby authorized to distribute and pay any unadministered balance of any intestate's estate re- maining in the City Treasury, to the heirs or next of kin o^ the deceased, whenever the Public Administrator and the Comp- troller shall be satisfied that the person claiming the same be such heir or next of kin, or otherwise entitled to the estate or payment ; but if positive evidence of the facts be not produced, they shall examine the claim and report the facts and evidence to the Common Council for directions. § 12. The Comptroller shall keep a register in his office, and cause to be entered therein, from time to time, and immedi- ately as the same shall occur, all cases in which administra- tion shall be granted to the Public Administrator. Note. — The same as the first clause of § 4, p. 206. COMMON SCHOOLS, To the Honorable The Common Council of the City of New York : The reviser most respectfully submits to the Common^ Council, a revision of the Ordinance, relating to the School Monies. The alterations suggested are very slight. The following notes from the Statutes and references, are sub- mitted for the consideration of the Council, when acting upon* this ordinance. The first act of the State of New York for the encourage- ment of CoAimon Schools, was passed 1st April, 1795, (3 Gr, Laws 124.) For subsequent general laws on the subject, see acts of 19th June, 1812, (6. Web. 600, and 1 N. R. L, 258,) 12 March, 1813, (1 N, R. L, 266,) 15 April, 1814, {Laws, 1814, j9. 229) 12 April, 1819, {Laws, 1819, p. 187,) 1 R, S. 466, and as to the City of New York, 1 R. S. 488. The School Monies are divided amongst the several Coun- ties of the State in proportion to their population. 1 R. S, 467. The Superintendent of Common Schools, (Secretary of State, ex officio,) makes the apportionment, and is required to certify each apportionment to the Comptroller of the State, and give immediate notice thereof to the Clerk of each County, 54 nnd to the Clerk of the Cliy and County of New York, stating the annount apportioned to his County, and the time when payable. 1 R. S. 468, § 7. The sum annually to be distri- buted, is ordered to be paid on the 1st of February, in each year, on the warrant of the (State) Comptroller, to the Trea- surers of the several Counties, and Chamberlain of the City of New York. lb. §11, 196. §3. The Chamberlain must apply for and receive the School Money apportioned to the City, as soon as it becomes payable. 1 R. S. 468, §12. Vid. 1 N, R. L. 267, §1. Laws 1834, p. 337, §1. The Clerk of the City and County of New York must im- mediately upon receiving notice from the Superintendent of the amount of School Money apportioned to the City, lay the same before the Corporation of the City, in Common Council convened. 1 R. 489, § 129. VicL 1 N. R. L. 267, §2. Laws 1824, p. 337, §2. The Corporation must annually raise by tax, a sum equal to the sum they receive from the School Fund. 1 R, S. 189, §130. And the Corporation, by act of 3 829, jo. 297, are au- thorised to raise a further tax of l-80th of one per cent, and by act of 1831, p. 164, a further tax of 3-80ths of one per cent, on all taxable property of the City, to be applied exclu- sively to the purposes of Common Schools in the City. See 2 ed, 1 Ji. S. 189, §131, 132. The Corporation must, on or before the 1st of May, in every year, direct that a sum equal to that last received by the Chamberlain from the Common School Fund, be deposited bv him, together with the sum so received, in one of the banks of the City, to the credit of the Commissioners of School Mo- ney for the City, subject only to their drafts to the order of the Treasurers of the Societies or Schools entitled thereto, or persons duly authorized by the Trustees of such Societies. 1 R. S, 489 §133. Vid. Laws 1824, p. 337, § 2, where this provision first appears. The Common Council are authorized to pay out of the spe- 55 cial school tax money, not exceeding $500 in any one year, 10 the Commissioners of School Money, for iheir incidental expenses in visiting the Schools. 1 R, S. 491, §140. Laws 1834, ;?. 31. Once at least in three years the Corporation must, by ordi- nance, designate the societies or schools which shall be entitled to receive a share of the School Monies, and prescribe the rules and restrictions under which the monies shall be received, and such ordinance must be published. 1 R. iS. 490, §137. For the history of this power, see act of 1795, § 5, 3 Gr. 127. Act 10 March 1797, lb, 244.— Act 8 April, 1801, 2 Web, 253. Act \2th March, ISIS, I N. R. L. 267, § 4. Laws 1820, p. 117. lb, IS21, pa. 10. Laws 1S24, p. 338, §4. Laws 1835, ;?. 54. The Mayor, Recorder, Aldermen and Assistants are ex officio members of " The Public School Society of New York," and the Mayor and Recorder, Trustees. Act of 9 April, 1805, 4 Web, 265, § 6. Act 28 January, 1826, § 8, Laws 1826, p. 19. All the other special obligations, powers and duties of the Corporation, in relation to Common Schools and School Mo- nies, are contained in Part 1, Chap. 15, Tit, 2, Aft. 7, R, S. 2 Vol. 489, §129 ^0 146, 2d ed. inclusive. Most respectfully submitted, ' VVM. SAMUEL JOHNSON. New York, January 4th, 1838. CHAPTER IV. OF COMMON SCHOOLS. The Mayor, Aldermen and Commonalty of the City of New York, in Common Council convened, do Ordain as follows: § 1. Once in every three years after the month of January, in the year one thousand eight hundred and twenty-five, the Corporation must appoint from the inhabitants of the City, one from each ward, to be " Commissioners of School Mo- ney,** who shall hold their offices for three years, and until others are appointed in their places; all vacancies occurring in the office of Commissioner must be supplied by the Corpo- ration, and the person appointed to fill the vacancy will hold his office for the residue of the time for which his predecessor was appointed. , But no Trustee or other officer of any So- ciety or School which shall be entitled to receive a share of the School Money, can be appointed a Commissioner of the Sckool Monies. Note. — This section but declares the obhgations of 1 R. S. 489, § 134, 135, 136. Laws 1824, p. 337. tos 1828, p. 93. § 2. The Societies or Schools which shall be entitled, re- spectively, to receive shares of the School Fund, or monies payable to and raised in the said city for the support of Com- mon Schools, are hereby designated to be the Public School Society of New York, the Mechanics' Society, the Orphan 8 58 Asylum Society, the Tnisiecs of the Harlaem School, ih^ Trustees of the Manliattanville School, the Tiustees of the Hamilton School, the Trustees of Yorkville School, the New York Catholic Benevolent Society, (fur such orphan chil- dren as shall be taught in the School and maintained in the Asylum in Prince street,) the Trustees of the African Free School in the City of New York, the Board of JManagers of the New York Institution for the Blind, and the Managers of the Half Orphan Asylum of the City of New York, subject to the provisions contained in the fifteenth chapter of the first part of the Revised Statutes, entitled "Of Public Instruction,'* and to the rules and regulations hereinafter prescribed. iVo^e.— The same as § 1, Ord. 209. " The Managers of the Half Orphan Asylum of the City of New York, is inserted from the resolution 4th Feb. 1837, 4 Pro. C. C. 175. See 1 N. R. L. 267, J 4. Laws 1820. 117, 5 2. Laws 1821, 10, ^ 2. lb. 55, ^ 7. § 3. In order to produce an uniform mode of ascertaining the average number of scholars in the schools of the Societies above mentioned, and to effect more fully the object of the 123d ori- ginal section of the seventh article of the second title of the said chapter of tlie Revised Statutes, the number of school times in each year (which is thereby made the divisor of the num- ber of scholars at each and every school time or half day in each year,) shall be computed at tlie number of five hundred. Note.— The same as $ 3, Ord. 209. The word " original" is inserted, as in the 2d edition of the Revised Statutes ; the section referred to is numbered 138. See 1 R. S. 490. § 4. The Public School Society of New York are hereby •authorized .to apply any surplus of the said fund or monies which may remain in their hands after paying the salaries of the Teachers en^ ployed by them, to the erection of buildings for public schools, and to all the needful purposes of a com- mon school education ; but to no other purpose whatsoever. § 5. It shall be the duty of the Trustees of the Public School Society of New York, to make a report during the month of May, in each year, to the Superintendent of the Common Schools,, and also, to the Common Council of this City, containing a particular account of the state of their schools, and of the monies received and expended by them, during the preceding year, so as to exhibit a full and perfect statement of the property, funds- and affairs of the said So- ciety. ^ 6. The Trustees of ench of the aforesaid Institutions (ex- cept the Public School Society of New York,) which shall receive from said School Monies more than the sum of fifty dollars, shall keep the said money so received, separate and apart from all other money belonging to, or under the control of said Trustees; and immediately upon the receipt of such money, shall deposit the same in one of the incorporated banks of this city, subject only to the draft of the said Trustees or their Treasurer, payable to the order of the Teacher or Teach- ers employed in the said Institution. § 7. All children hereafter to be admitted into the Schools of cither of the said Institutions shall be received only on the certificate of the Trustees of the said Institutions respectively, that such child appears, upon examination, to be bet^veen the age of four and |ixteen years ; which certificate shall be filed, and be subject to the inspection of the School (Commissioners. ^ 8. It shall be the duty of the Trustees, or other officers having the direction or government of the said Institutions, or a Committee of them, to visit and inspect, once at least in every week throughout the year, except in the time of vaca- tion, the school or schools under their charge, and to make memorandums of such visits in a book to be kept in each School, and such book shall at all times be subject to the in- spection of the Commissioners of School Monies, and shall be produced to the said Commissioners when the annual re- turn of the said school or schools shall be furnished according to law. 60 § 9. It shall be the duty of the Comraissioners of School Monies to report to the Common Council any failure or omis- sion on the part of the Trustees or officers of the said Institu- tions, or either of them, to comply with any of the duties re- quired of them by the sixth, seventh and eighth sections of this ordinance. § 10. It shall be the duty of the Commissioners to give at least three days previous notice to each of the Members of the State Legislature, residing in this city, and to each of the Members of the Common Council, of the time and place of making their semi-annual visits for the examination of the said schools, as required by the 124th section of the second title of the said fifteenth chapter of the first part of the Revised Sta- tutes. . § 11. Nothing contained in this law shall be construed to be repugnant to any of the provisions of the said fifteenth chap- ter of the first part of the Revised Statutes. Note. — ^The eighth preceding sections are the same as the existing Ordi- nance, pages 210, 211, with slight verbal alterations. « Commis- sioners of School Monies," has been substituted for "School Com- missioners," as the latter officers do not exist in the City and County of New York, but do in other parts of the State. * CITY DEBT. To the Honorable The Common Council of the City of New York ;• The lleviser of the City Ordinances has the honor of sub- mitting to the Common Council herewith, a revision of the Ordinances relating to the Public Stocks of the City, and to the Sinking Fund. The Acts of the Common Coun- cil, affecting the funded debt of the city, prior to 1835, have heretofore been buried in the old records, and the history of these debts seenris to be unknown to any present officer of the City Government. The resolutions and ordinances contained in the first title of the Chapter now submitted, have been found with much difficulty, and only after great and patient search, by the efficient and obliging Assistant Clerk of the Common 62: Council. Thejndexcs to the engrossed nninutcs do not point to them. Some of these resolutions may not at this time, be of importance as affecting existing rights, yet it would be ha-- zardous to say they nre not, and they are curious, and should be brought into light, as a matter of history, and guide for fu- ture legislation. The reviser has, therefore, collected and ar- ranged them, to the end, that they be printed with the ordi- nances, if the Common Council shall deem it expedient. Ma- ny of these resolutions, &c. do affect existing rights ; for they relate to outstanding unredeemed funded debts of the City» and constitute the authority under and by which the loans were made or the debt funded. The legislat'on on the subject has sometimes been very loose ; entensive executive powers were habitually confided to Committees, and the executive officers were entrusted with small executive powers. The Committees, previous to the amended Charter, performed or directed most of the public business; and acting under in- definite resolutions, and in good faith, at times seemed to as- sume, that they possessed all power ; and their exercise of powers was, almost as a matter of course, sanctioned by the Common Council. So much of this power was habitually exercised by Committees, that officers screened themselves, under their instructions, and the Committees feeling little re- sponsibility, exercised their discretion with freedom. Loose- ness of legislation was a natural consequence. The several Stocks of the City of New York, now outstand- ing and unredeemed, are known by the following descriptions, that is to say—" The New York City Stock of 1820,"—" The New York City Stock of 1829,—" The Water Stock of the City of New York,"—'* The Fire Loan Stock of the City of New York," and " The Public Building Stock of the City of New York." The Laws of the State, cited in the notes to this chapter, are the only ones which affect existing Stocks of the City. The several acts of the Common Council relating to " The New York City Stocks" of 1820 and 1829, are ar- 63 tanged under one title ; a separate title is devoted to each of the other stocks. The Acts of the Legislature are cited in the notes. Most respectfully submitted, WM. SAMUEL JOHNSON. New York, January 25th, 1838. CHAPTER V. OF THE CITY DEBT. TITLE I. OF "THE NEW YORK CITV STOCK." Note. — The first act of the Legislature relating to the funded debt of the City, was passed 8th June, 1812, (6 Weh. 436,) at tlie instance of the Corporation. Whether it was necessary for the Corporation to receive legislative aid, in order to fund its debts or make loans upon its own certificates of stock, or whether the general Charter pow- ers of the City, [Char, of 1686, \ 7, p. 13. Char, of 1730, ] 14, jp. 55. Kent's Note, G. G. G. p. 178, 179,] were ample to that effect need no longer be discussed. By the amended Charter of 1830, § 19, the Charter powers of the City in using its credit, if unhmited, were surrendered, and now legislative aid must be obtained, before the Corporation can borrow any money except in anticipation of the revenue of the year. By the act of 8th June, 1812, [6 Web. 436,] the Corporation was authorized to create a pubHc fund or stock not exceeding 900,000 dollars, to be denominated, " The New York City Stock." And it was enacted, that subscription books should be opened at such times and places, as the Common Council should from time to time direct; the subscribers be entitled to certificates signed by the Comptroller of the City and countersigned by such person as the Common Council should direct, and in such form as the Common Council should prescribe, purporting in substance that the Corporation owed 9 66 the subscriber a sum, «fec. not less than $100, bearing an interest not exceeding' seven per cent, payable quarterly or half yearly, and not redeemable until fourteen years after date of the certificate ; and that the certificates should be binding, though not under the seal of tlie Corporation, section 8. The ( /omptroller of the City was charged with the care of this stock, to wit, to superintend subscriptions, &-c. issue certificates, keep stock boolis, see to transfers, pay interest and obey all orders of the Common Council touching the same. The interest on this stock was made payable half yearly, on 1st May and November, or quarter yearly, on 1st May, August, No- vember and February, By ^ 9, p. 4.S8, the faith of the Corporation was pledged for the final redemption of the stock, and all its resources were pledged for payment of the interest ; and if they should not be sufficient, then the faith of the State was pledged to pass acts authorizing the Cor- poration to raise by tax, enough money to supply the deficiency. Section 6, required that the persons entrusted by the Common Council with the execution of this law, should, before entering upon the duties imposed, give security in such amount as the Common Council should direct. Under this act the Common Council passed the following resolu- tion. Min. Com. C. vol 25, p. 211, for prehminary proceedings. See lb. p. 197. In Common Council^ June 29, 1812. Resolved^ That the Finance Connmittee and Comptroller be authorized to publish such part of the act of the Legislature, regulating the finances of the City of New York, as by them shall be deemed proper ; and to advertise the opening of books for subscription for a loan of six hundred thousand dollars of " the New York City Stock," bearing an interest of six per cent, per annum, payable quarter yearly; and that subscrip- tions be received at the Mechanics* Bank, from the — day of July until the first of August next, unless previously to the last mentioned day the whole sum shall have been subscribed, for any sums from one hundred dollars to the whole amount offered for subscriptions ; but that certificates be not issued for a less sum than one hundred dollars, and not for any fractions ; 67 therefore, the subscriptions must be made for hundreds or thousands. Note. — By resolution of July 13, 1812, the Finance Committee and the Comptroller were authorized, out of any monies to be raised by this loan, to pay off such of the Corporation bonds, bearing interest at seven per cent, as they should judge expedient. On the 1st of August, 1812, a loan of 8600,000, at six per cent, payable quarterly, was taken up by subscription. The next action of the Common Council was the following reso- lution* (25 Min. C. C. 283,) and under it, and the subjoined law, the Clerk countersigned the stock certificates until the passage of the resolution of the 7th of August, 1835, (3, Pro. C. C. 54.) con- fiding that power to the Mayor. In Common Council, August 3, 1812. Resolved, That until the further orders of this Board, the Clerk of the Common Council countersign the certificates of the City Stock issued by this Corporation. Note, — On the 28th September, 1812, the following ordinance, prescribing the form of certificates, &c. was passed. {See MSS. ordinances in time of Clinton^ Mayor, began 9th March, 1812, p. 258.) This is the only ordinance of the Common Council affecting the form of the stock certificates ; but the form as in use, is referred to in several subsequent acts of the Common Council. # A LAW Prescribing the form of certificates for '* The New York City Stock," and for other purposes. Passed September 28, 1812. Be it ordained by the Mayor, Aldermen and Commonalty of the City of New York, in Common Council convened: That the certificates for "The New York City Stock," 68 which shall be issued under and by virtue of the act of the Legislature of the Slate of New York, entitled " An Act to regulate the finance of the City of New York," passed June 8th, 1812, shall be signed by the Comptroller and counter- signed by the Clerk of the Common Council, and shall be in the form following, that is to say: Be it known that there is due from the Mayor, Aldermen and Commonalty of the City of New Yoi'k, unto or assigns, the sum of dollars, New York City Stock, bearing interest at — per cent, per annum, from the — day of , incluHve, payable quarter yearly, and the principal sum payable on or after the . This Stock is created by virtue of an act of the Legislature of the State of New York, entitled " An Act to regulate the Finances of the City of New York," passed the Sth day of June, 1812; and by a resolution of the Corporation, passed the — day of 1812 ; which debt is recorded in the Comptroller's of- fice, and transferrable only by appearance in ptrson, or by Attorney, at said office, according to the rules and forms insti- tuted for that purpose." And be it further o? dained, That the Comptroller o^ this City shall, on or before the fifteenth day of October, become bound, with two sureties, to the Mayor, Aldermen and Com- monalty, in the penal sum of five thousand dollars, conditioned for the faithful performance of the duties of his office gene- rally, and more especially for the faithful execution of the du- ties entrusted to him under and by virtue of the said act enti- tled " An act to regulate the finances of the City of New York," and under, and by virtue of such ordinances and reso- lutions of the Common Council as shall then have been, or shall thereafter be ordained or made, pursuant to, or by virtue of, the authority given to the said Common Council by the said act. iVo By Act of 19th April, 1228, 5 3 and 4, (Laws 372) the Corpora- tion were authorized to create a stock not exceeding $200,000, in the Hke manner and on the like terms, as are contained in the act of March, 28, 1826, except &c. The proceeds to be applied to pay the State for the purchase of the State Prison ; to pay for market places, and for buildings, and alterations made necessary by the discontinuance of the Old Bridevrell in the Park. But notwith- standing the act of 1826, the Corporation were authorized to take «p the loan by sealed proposals, instead of subscriptions, to be re- ceived by such persons, at such times and places as the Corporation should prescribe. This is the first statute wliich authorized the Corporation to take up these loans otherwise than by subscription; but the loans of 1817, 1819 and 1821 were taken by proposals. 10 74 The only action of the Common Council under this last statute seems to be following. And it will be observed that the amount of the loan the Committee had agreed for, does not appear in the pro- ceedings. Min. C. C. vol 68, p. 61. Ill Common Council, December 1, 1828. The Finance Committee presented the following report on the subject of the G per cent. Stock, &c. : The Finance Committee respectfully report that 416,900 dollars of the 6 per cent. Stock is redeemable ; and that your Committee have directed the Comptroller to advertise for a loan of 5 per cent. Stock, redeemable after 1st January, 1850, in order to substitute the same for the said stock so payable. The best offer is made by John Jacob Astor, and Prime, Ward, King & Co. viz. — 4^ per cent, advance, which your Committee recommend to be accepted, and they therefore re- spectfully offer the following resolution : Resolved, That the Comptroller issue the stock certificates in the usual manner, to the said Astor and King Co. and that the Finance Committee instruct the Comptroller and City Treasurer, as to the six per cent, stock to be paid off, in such manner as to pay off the six percent, stock, at the same time, when the monies for the five per cent, stock shall be received. All which is respectfully submitted. W. SEAMAN, WM. W. MOTT, W. H. IRELAND. Which was approved and the resolutions adopted. Note, — The reviser is unable to find any resolution or act of the Common Council, empowering the Finance Committee to advertise for the loan last mentioned. The resolution above, seems to contain the only action of the Common Council on the subject. The loan taken under the last resolution, or which was sanctioned by it, was for $300,000 at five per cent, redeemable at the pleasure of 75 the Common Council, after the 1st January, 1850. It is still un- redeemed. In Common Council, Resolved^ That all certificates which may hereafter be is- sued lor any or either of the stocks of this city, shall be signed by the Connptroller, and countersigned by the Mayor; and the Connptroller is hereby directed to cause the fornti of the certi- ficates to be so prepared, as to designate the ofl[icers who are to sign and countersign the same severally. Adopted by the Board of Assistants and Board of Alder- men, August 5, 1835. Approved by the Mayor, August 11, 1835. Vol 3 Pro. C. C, 54. 9 TITLE II. OF "THE WATER STOCK OF THE CITY OF NEW YORK." JVoie.— BytheActof the2d3Iay,1834, ^^8,9,10,11, (Law.-s, 452, 453,) the Common Council were authorized, in case a majority of ti e elec- tors should pronounce in favor of the project for supplying the city with pure water, to raise, by loan, from time to time, and in such amounts as they might think fit, a sum not exceeding 82,500,000, by the creation of a public fund or stock, to be called "The Water Stock of the City of New York," to bear interest not exceeding five per cent, and be redeemable in not less tlian ten nor more than fifty years after the passage of the Act ; to determine the nominal value of the shares ; the num.ber thereof ; to sell them at public or private sale, or raise the money by subscription. The Act of June 8, 1812, so far as it is not repugnant to this Act, is applied to this stock; and the money to be raised is directed to be appHed, under the direction of the Water Commissioners, for the purpose of supplying the city with pure and wholesome water, ac- cording to the plan adopted and ratified. Under this law the Common Council, in May, 1835, passed the following ordinance, directing the Comptroller to take the loan. (2 P. C. C. 401, 407.) For the particulars of the loan of ^1,000,000, part of the above, as taken up and invested, see Comptroller's Report, 3 Pro. C. C. 155. AN ORDINANCE To instruct the Water Commissioners to proceed in the ■work of supplying the City of New York with water, and to create a pubhc fund or stock, to be called " the Water Stock of the City of New York," for the expenses of said work. 77 Thy Mayor, Aldermen and Commonally of the City of New York, in Common Conned convened, do ordain as follows : § 1. The Water Commissioners of the City of New York, are hereby instructed to proceed with the work of supplying the City of New York with a suffitticnt quantity of pure and wholesome water, for the use of its inhabitants, accordiuic^ to the plan adopted by them in pursuance of the Act of the Le- gislature entitled " An Act to provide for supplying the City of New York with pure and wholesome water, ' passed May 2, 1834. ^ 2. A public stock or fund, to be called " the Water Stock of the City of New York," shall be created, for a loan of two million five hundred thousand dollars, which shall bear an in- terest of not exceeding five per cent, per annum, payable quarterly, and shall be redeemable on or after the first day of January, which will be in the year one thousand eight hun- dred and sixty. § 3. The notninal amount or value of each share of the said stock, shall be one hundred dollars, and the same shall consist of twenty five thousand shares. § 4. The said loan shall be receivable in the following pro- portions, and^at the following periods respectively, that is to say ; one million of dollars thereof shall be taken up previous to the 10th day of September, 1S35, in sums of tv/o hundred and fifty thousand dollars, payable on the 10th days of June, July, August and September next respectively; and the re- maining one million five hundred thousand dollars thereof, in sums of five hundred thousand dollars, payable half yearly, af- ter the first day of January, 1836. § 5. The Comptroller is hereby authorized and directed to advertise for proposals, to be received at any time previous to the 25th day of May instant, and not to be opened until that day, for the loan of one million of dollars, (a part of the said loan of two millions five hundred thousand dollars,) payable 78 in montyy instalments of twenty-five per cent, on the 10th days of June, July, August and September next respectively j and such proposals may be made for any portion of the said one million of dollars, not less than the par value of one share of the said stock. § 6. The said Comptroller shall determine, on or after the 25th day of May instant, which and what proportion of the said proposals shall be accepted ; and shall issue certificates for the number of shares necessary to make up the said sum of one million of dollars, to that or those person or persons or companies whose proposals shall have been accepted; and such certificates shall be, nearly as may be, in the same form as the certificates issued for "The New York(yity Stock," by virtue of the Act entitled " An Act to regulate the finances of the City of New York," passed June 8, 1812. § 7. The said Comptroller shall receive, from time to time, as the same becomes payable as aforesaid, the said instalments of the said loan of one million of dollars, and shall keep a se- parate and distinct account of the same, and of all sums paid on account thereof. § 8. The said monies, so to be received, shall be paid by the said Comptroller to, or on the order of, the said Water Com- missioners, for the expense of the said work of supplying the City of New York with pure and wholesome water, accord- ing to the plan adopted by them for that purpose, as aforesaid. § 9. The provisions of the ordinance entitled, " A Law pro- viding for the redemption of the City Stock," so far as the same can be applied to the " Water Stock of the City of New York," shall be applicable to the same; and all revenue to be received for water to be procured by the said work, and fur- nished to the inhabitants of the City of New York, shall be specially appropriated as a Sinking Fund towards the redemp- tion of the said Water Stock. Passed by the Board of Aldermen, May 6, 1835. Passed by the Board of Assistant Aldermen, May 6, 1835. Approved by the Mayor, May 7, 1835. 79 Note. — The same as ordinance. 2 Pro. C. C. 401. It is worthy of notice, that tliis ordinance places on tlie Comptroller all the executive duties it creates. The execution of it is, of course, on liis responsibility. Under this ordinance, a loan of $1,000,000, at five per cent, re- deemable 1st January, 1860, was taken up in June and September, 1835 ; and a further sum of $850,000 was taken up on the same terms, in August and September, 1837, under the authority confer red by the fourth section. TITLE 111. OF "THE FIRE LOAN STOCK OF THE CITY OF NEW YORK." Note.— By the act of January 16, 1836, (Laws 4) the Corporation were authorized at any time within six months after the passage of this act, to purchase to an amount not exceeding $600,000, the bonds and mortgages of Insurance Companies, whose capitals were im- paired by the great fire ; and in order to provide the necessary funds, to issue their bonds or stock, redeemable at such times not exceeding seventeen years, as the Common Council should direct, bearing interest not exceeding five per cent, payable half yearly ; and to pledge the faith and property of the city for the payment of such bonds or the redemption of such stock. ^ !• 3. The Commissioners of the Sinking Fund are directed to apply the proceeds of the bonds and mortgages to redemption of the said bonds or stock. The whole of the principal and interest of the mortgages is appropriated as a Sinking Fund therefor, and cannot under any pretence be diverted from such purpose. By act of 6th Feb. 1836, (Laws 23) the Corporation were autho- rized to issue bonds or stock to 8600,000 under the last cited act, and to loan to any Safety Fund Bank ui the city, such amount of such bonds or stock, as they could not employ in purchasing the bonds and mortgages, not exceeding one half the capital of the bank. Under these Statutes the following ordinances were passed by the Common Council. A LAW To regulate the purchase of bonds and mortgages, which belonged on the eighteenth day of December, in the year 1835, to any of the Fire Insurance Companies in the City of New York, which have become insolvent, or whose capital may have been impaired by losses occasioned by the fire of the 81 sixteenth and seventeenth of that month, and to provide the funds necessary for that purpose. The Mayor, Aldermen and Commonalty of the City of New York, in CoiJimon Council convened, do Ordain as follows : § 1. A public stock or fund to be called The Fire Loan Stock of the City of New York," shall be created for a loan of four millions of dollars, which shall bear an interest of not exceeding five per cent, per annum, payable half yearly, and shall be redeemable, one-third tiicieof in two years, one-third thereof in five years, and the remaining third thereof in seven years, or the whole amount in two years, five years, or seven years, under the direction of the Mayor and the Presidents and Finance Committees of both Boards of the Common Council, reserving the right to increase the same to the amount pre- scribed by the act of the Legislature, if the same shall be found necessary. § 2. The Comptroller is hereby authorized and directed to advertise for proposals to be received by him at any time pre- vious to the ninth day of March, in the year one thousand eight hundred and thirty-six, and not to be opened until that day, for the said loan of four millions of dollars, receivable at such times as shall be fixed by the said Mayor, Presidents and Finance Com'mittees, and stated in the advertisement for such proposals; and such proposals may bo made for any portion of the said loan, and must state whether the amounts and terms thereby ofTercd, are intended for a loan of so much to be secured by the bond or bonds of the jMayor, Aldermen and Commonalty of the City of New York, or stock certificates to be issued by them. § 3. The said Comptroller shall, without delay, after the said ninth day of March, in the year 1836, submit such pro- posals as may havtj been received by him for the said loan or portions thereof, to the said I'Jayor, Presidents and Finance Committees, who shall be a Committee to determine whether .any, which, and what portion of the said proposals shall be 11 82 accepled ;*^and such determination shall be in writing, and signed by the mernbors of such Committee, or a majority of them. § 4. After such determination shall have been made, the Comptroller shall issue certificates, or deliver bonds, according to the proposals which shall have been so accepted, to that or those person or persons, or bodies corporate who shall have made the same : Provided that no such bond or certificate shall bo so issued or delivered, until the par value or the amount conditioned to be paid thereby with any premium to be given therefor, shall have been actually deposited in the Mechanics' Bank of the City of New York, to the credit of the Corpora- tion of the said city, for account of the Fire Loan of the City of New York. § 5. All certificates to be issued for any portion of the said loan, shall be made in conformity with the resolution of the Common Council, passed on the seventh day of August, 1835, and shall be signed by the Comptroller, and countersigned by the Mayor ; and all bonds which may be delivered for any portion of such loan, shall have affixed thereto the seal of the city, with the signatures of the Clerk of the Common Council and of the Mayor, and shall be made payable to the order of the Comptroller, and endorsed by him. § 6. The faith and property of the City of New York, and the proceeds of all bonds and mortgages which may be pur- chased in pursuance of this law, are hereby pledged for the redemption of the said stock or loan. § 7. The Common Council shall appoint seven Commission- ers to perform the duties prescribed by the second section of the act of the Legislature, entitled, " An Act to authorize the Mayor, Aldermen and Commonalty of the City of New York, to raise monies on loan, and for other purposes," passed Jani^^- ry 16th, 1836, and the said Commissioners shall hold their oflices until the 16th day of July, in the year 1836, unless sooner removed by the Common Council. ^ 8. All applications for the sale to the Corporation of ihi^ City, of any bond and mortgage under the above nnentioned 8:j act of iho Legislature, shall be made to the Comptroller, and shall be accompanied by the said bond and mortgage, together with a written statement or abstract of the title of the mort- gaged premJses, and the certificates of the Register and of the Clerks of the several Courts, showing that such premises were free and discharged from all prior incumbrances, at the time of the execution of such mortgage; and no such bonds or mort- gages shall be purchased except directly from the Fire Insu- rance Companies horetofore mentioned. § 9. It shall be the duly of the Comptroller on the receipt of any such application, to furnish to the Commissioners a de- scription of the mortgaged premises; and on receiving from the said Commissioners, their certificate of the value of such premises, the said Comptroller shall furthwilh submit such ap- plication, together with such certificate of the Commissioners to a Select Committee, to consist of three members from each Board of the Common Council, and to be appointed for that purpose, and such Committee shall determine whether such bond and mortgage shall be purchased ; and no such purchase shall be made, unless a majority of the persons composing such Committee shall signify their approbation thereof in writing, and under their hands. § 10. Every such bond and mortgngc, together with the statement or abstract and certificates respecting the title of the mortgaged premises, and the proposed instrument of assign- ment or sale thereof to the Corporation of this City, shall, pre- vious to the purchase thereof, be examined by the Counsel of the Corporation ; and no such bond and mortgage shall be put- chased until the said Counsel shall have certified his opinion that the form and execution of such bond and mortgage and of such instrument of assignment are suflicient, and that the title to the mortgaged premises is good and unincumbered. § 1 1. Every assignment of a bond and mortgage to be made under this law, shall be accompanied with an admission in writing from the debtor or debtors thereon, of notice of such assignment, and that he, she or they have no set-off against the «»me ; and all charges and expenses attending the examina- 84 lion of the titles of the mortgaged premises, shall be borne by the Companies from whom such bonds and mortgages may be purchased. § 12. It shall be the duty of the Comptroller to pay for every such bond and mortgage, the purchase of which shall be authorized as hereinbefore mentioned, to such person or officer as may be duly empowered to receive the same, the amount due upon such bond and morigage for principal and for in- terest accrued since the last time specified therein for the pay- ment of the same ; and such payment shall be made out of the monies to be obtained by loan, on the bonds or stock herein- before mentioned. § 13. Any of the said Companies may, within one year from the date hereof, receive back the bonds and mortgages assign- ed by them, or such as shall remain unpaid, or a portion thereof, with the consent of the Commissioners of the Sinking Fund, on payment of the amount of the principal and interest thereon in the Fjre Loan Stock of the City of New York, at the same rate at which the same shall be issued by the Cor- poration. § 14. The Mayor and Clerk of the Common Council are hereby authorized to execute a re-assignment to any of the said Companies, of the bonds and mortgages now held by them respectively, and which may be sold to the Mayor, Aldermen and Commonalty of the City of New York, and shall remain unpaid, or a portion thereof, on receiving from the Comptroller a certificate that a portion of the Fire Loan Stock of the City of New York had been surrendered to the said Comptroller by the said Companies in payment therefor, to the amount of the principal and interest of the said bonds and mortgages as- signed by them respectively, or such portion as may be so re-assigned, deducting the premium received by the Common Council on the said slock. § 15. It shall be the duty of the Comptroller to keep a se- parate and distinct account of all monies to be received for the said bonds or stock, and of all monies to be paid for the said bonds and mortgages ; also, of all monies to be received in 85 payment of the principal and interest of snch bonds and mort. ^ages, Jind all of monies to be paid for the redemption of the bonds or stock to be issued as aforesaid. And the said Comp- troller shall furnish a copy of such account once in every three months to the Common Council. § 16. It shall be the duty of the Comptroller to collect and receive the interest accruing on the said bonds and mortgages, as the same may become payable ; and tiie principal monies due thereon shall be paid into such banks as the Common Council of this City shall, by resolution, direct, to the credit of the Commissioners of the Sinking Fund, and on account of the Fire Loan of the City of New York ; and a certificate of such payment shall be given by the Cashier of such bank; but no payments on account of the priii' -ipal due on any such bond shall be received in less sums than five hundred dollars. The Comptroller shall also deposite in such bank, to the credit of the said Commissioners of the Sinking Fund, the interest so to be received by him, and also any balance of the said loan that may remain not appropriated under this ordinance after the 16lh day of July, in the year 1S3G. § 17. On the payment of all money due for ])rincipal and interest upon any such bond and mortgage as aforesaid, it shall be the duty of the Comptroller, on receiving a cei'tificate from the casjiier of the said bank, showing such payment of principal, to deliver up the said bond and mortgage to the parly making such payment, together with sufficient acknowledg- ment of the satisfaction of such mortgage ; and the Mayor and Clerk of the Common Council are hereby authorized to sign, and cause the seal of the city to be affixed, to every such ac- knowledgment of satisfaction, on the Certificate of the Comp- troller that such principal and interest have been paid. But no release of any part of the premises contained in any such mortgage from the lien created by such mortgage thereon, shall be made or executed, or authorized by the Common Council. § 18. The purchase of bonds and mortgages to be made ud- 86 tier this lav^, shall bo confined to bonds secured by mortgager on unincumbered real estate ; and whenever any building on the property so mortgaged shall be estimated by the Commis- sioners as forming a part of the value of the mortgaged pre- mises, the Insurance Company from whom such bond and mortgage may be purchused, shall deliver to the Comptroller a policy of insurance for not less than one year effected on the said building, by a solvent Fire Insurance Company of this city, with an assignment thereof to the Mayor, Aldermen and Commonalty of the City of New York. § 19. All bonds and mortgages which may be purchased under this law, shall be closed, and payment thereof required, within seven years from the sixteenth day of January, in the year 1836; and the right is hereby reserved to the Corpora- lion of this city to call in or collect, when due, any of the said bonds and mortgages at any time previous to the ex- piration of such period ; and in case of the non-payment of any interest upon any such bond and mortgage for more than three months after the same may be due, or the neglect of the owner of any building covered by any such mortgage to renew any policy of insurance thereon which may have been assigned to the Corporation of this city as aforesaid, when sucn po- licy shall have expired, it shall be the duty of the Comp- troller to deliver the said bond and mortijaf^e to the Counsel 6f the Corporation to collect the amount due thereon for pnrt'ciii'il and interest. " §20. The provisions of the ordinance entitled "A Lif^ providing for the redemption of the City Stock," so Tafa^'^he same can be applied to the Fire Loan Stock of the City of New York, shall be applicable to the same ; and the Comp- troller shall open and keep a separate account, to be called, *' The Sinking Fund Account of the Fire Loan Stock of the City of New York:" and the Commissioners of the Sinking Fund of the said city shall apply the proceeds to be collected and received on or for all bonds and mortgages which may be purchased by virtue of this law, to the payment of the interest 87 to accrue upon the said loan, and to purchase on redemption of the said bonds or slock issued theroior ; and the whole of the principal and interest of such bonds and rnortgnfics, after the payment of all necessary expenses, is hereby appropriated, as the same shall be paid into the City Treasury, to the said Sink- ing Fund for such purpose, and shall not, under any pretence whatever, be diverted therefrom for any otiier purpose or use whatsoever. §21. The Comptroller is hereby authorized to employ an additional clerk in his office, who shall be paid at a rate not exceeding one thousand dollars per annum, by the Commis- sioners of tlie Sinking Fund, out of the monies to be received by them under this ordinance. Adopted by the Board of Aldermen, February 15, 1836. Adopted by the Board of Assistants, February 15, 1836. Approved by the Mayor, February 16, 1836. A LAW To amend a law to " regulate the purchase of bonds and mort- gages, which belonged on the eighteenth day of December, in the y§ar 1835, to any of the Fire Insurance Companies in the City of New York, whose capital may have been impaired by losses occasioned by the tire on the 16th and 17th of that month, and to provide the funds necessary for that purpose." Section 1. The Comptroller may, when directed so to do by the Select Committee appointed under the ninth section of the law hereby amended, within sixty days from the passage of this act, to accept of any offers for any portion of the stock authorized to be issued by the said law, which has not been subscribed for, nor exceeding, in the whole amount, one and a half millions of dollars, redeemable at a period not longer than 8S five years (r^m the time the said stock shall be issued ; and he may issue stock or bonds theVefor, in the manner directed by the said law : Provided, that no such ofler siiall be ac- cepted for any portion of the said stock below the par value thereof. Sec. 2. All the provisions of the law hereby amended shall be applicable to the stock which may be issued in pursuance of the foregoing section, in the same manner as to the stock which may have been subscribed for under the said law, ex- cepting so far as they are inconsistent therewith. Passed by the Board of Aldermen, March 14, 1836. Passed by the Board of Assistants, March 14, 1836. Approved by the Mayor, March 15, 1836. A LAW To provide for loaning the surplus of the Fire Loan Stock of the City of New York to the Safety Fund Banks of the said city. The Mayor, Aldermen and Commonalty of the City of New York, in Common Council convened, do ordain as foUoios: § 1. The Comptroller may issue as part of the residue of the stock authorized to be issued by an act of the Legislature, entitled " An act to authorize the Mayor, Aldermen, and Com- monalty of the City of New York, to raise money on Loan, and for other purposes, to the amount of one and a half mil- lion of dollars, in stock. § 2. Such stock shall be issued bearing an interest of five per cent, per annum, and shall be redeemable, one-third in two years, one-third in three years, and one-third in four years, from the passage of this law. § 3. Such stock may be loaned to such of the banks in this 8§ city as are under the Safety Fund Law, to an annount to be determined by the Joint Committee hereinafter named, not exceeding to any one bank the half of the capital of such bank, upon the conditions hereinafter mentioned. § 4. Each of the said banks may borrow such portion of \he said stock as may be determined by the said Committee, on delivering to the Comptroller the obligation of such bank in the penal sum of double the amount loaned, conditioned for the return of the said stock to the Mayor, Aldermen, and Commonalty of the City of New York, at the times when the same shall become redeemable ; also, for the payment of the interest on the said stock, at the rate of five and a half per cent, per annum, in half yearly payments, at the same time that the interest on the said stock shall become payable ; and also, that the said stock shall not at any time be sold to any person whatever; that the said stock shall not be used by way of hypothecation, or otherwise, in llie State of New York, or to any inhabitant thereof; and that the said bank will save harmless, and indemnify the said Mayor, Alder- men and Commonalty of the City of New York against any claim whatever, for or on account of the said stock ; and also will, when required so to do by the Comptroller, sub- scribe for a portion of the residue of the said stock, not ex- ceeding one-third of the amount of the stock to be loaned to them by virtue hereof, as is directed by the 8th section of this ordinance. § 5. In addition to the obligations of ^he said banks, there shall, also, be required the bond of such of the directors of each bank, as shall be deemed sufficient by the Joint Committee hereafter named, conditioned for the return of the said stock, and payment of the said interest, according to the obligation of each bank, and for the punctual performance of all the covenants and conditions of each bank in regard to the same. § 6. Any of the said banks may at any time return the said stock loaned to them and pay up the interest thereon, and on 8ueh surrender of al) the stock loaned to them and payment of 13 90 such interest, the Comptroller may, with the consent of the Mayor and President of both Boards of the Common Council, or a majority of them, deliver up the obligation and bond given by such bank and their directors. § 7. The Comptroller may issue for the balance of the stock so authorized as aforesaid, to the amount of five hundred thou- sand dollars, at an interest of five per cent, per annum, re- deemable at the pleasure of the Common Council, after one year from the passage of this law, when directed so to do by the said Joint Committee. § 8. Each of the said banks, before receiving the said stock so to be loaned as aforesaid, shall, if required so to do by the Joint Committee, appointed under the 9th section of the ordi- nance of the Common Council, entitled "A Law to regulate the purchase of bonds and mortgages, which belonged on the eighteenth day of December, in the year 1835, to any of the Fire Insurance Companies in the City of New York, which have become insolvent, or whose capital may have been im- paired by losses occasioned by the fire of the sixteenth and seventeenth of that month, awd to provide the funds necessary for that purpose, " passed February 16th, 1836," subscribe for a portion of said stock, not exceeding one-third of the amount loaned, to be issued as is directed in the 6th section of this law at par, not exceeding one-third of the amount which may be loaned to them respectively. § 9. On receiving a certificate of deposit of the amount of the par value of the ^ock so to be subscribed for by any of the said banks, in the Mechanics' Bank, to the credit of the Mayor, Aldermen and Commonalty of the City of New York, on account of the Fire Loan Stock of the City of New York, the Comptroller shall deliver to the President of the bank making such deposit, the amount of stock so subscribed and paid for. § 10. On the payment of the said money in the mode di- rected in the last section, and the delivery to the Comptroller of the said obligation and bond hereinbefore mentioned, on be- 91 half of any of the said banks, approved of by the Counsel of the Corporation, and the Joint Committee mentioned in the 7th section of this law, or in case a subscription for the said stock shall not be required, then on the delivery of the said obligation and bond as aforesaid, it shall be the duty of the Comptroller to deliver to the President of such bank, the proportion of the stock directed to be issued by the 1st section of this law, which may have been determined by the said Committee to be loaned to such bank, and which shall be secured by the said obligation of the said bank and bond of the directors thereof. § 11. All the provisions of the said ordinance of the Com- mon Council, passed February 16th, 1836, and mentioned in the 7th section of this law, relating to the charge, custody and deposit of the monies to be received, and to the redemption of the stock, and also to the Sinking Fund, are hereby made ap- plicable to the stock to be issued under this law. Adopted by the Board of Aldermen, March 2, 1836. Adopted by the Board of Assistants, March 2, 1836. Approved by the Mayor, March 3, 1836. Note. — Between August and December, 1836, the following loans at five per cent, interest were effected. Loan of #143,987 09 — redeemable at the pleasure of the Corporation. « 385,500 redeemable 1841. 95,000 « 1843. 500,000 " 1851. 81,054,487 09 These are the only loans effected under the Ordinances in this title. No bonds were issued under them. TITLE IV. OF " THE PUBLIC BUILDING STOCK OF THE CITY OF NEW YORK." Note.-^By act of 6th May, 1836. (Laws 338.) The Corporation is authorized to raise by loan, from time to time, and in such amounts as they may think fit, a sum not exceeding 500,000 dollars, by creation of a pub- lic fund or stock to be called " The Public Building Stock of the City of New York," to bear interest not exceeding five percent, and redeemable in not less than ten nor more than twenty years. The provisions of the act of 8th June, 1812, are made applicable to this stock, except so far as repugnant thereto. The monies raised by the loan must be applied to erecting, &c. such pubhc buildings and improvements in the city as may be determined upon by the Com- mon Council. The Bellevue lots and buildings, and water rights, except such as the Corporation may reserve for public purposes, are pledged for the repayment of the loan. The following Ordinances have been passed by the Common Council under this law. A LAW To create a public fund or stock, to he called " The Public Building Stock of the City of New Fork." The Mayor, Aldermen and Commonalty of the City of New York, in Common Council convened, do ordain as follows: § 1. A public fund or stock, to be called " The Public Build- ing Stock of the City of New York," shall be created for a loan of two hundred and fifty thousand dollars, wliich shall bear an interest of not exceeding five per cent, per annum, D3 payable half yearly, and shall be redeemable on or after the 6th day of May, which will be in the year ISf)**). § 2. Tiie nominal amount, or value of each share of the said stock, shall be one hundred dollars, and the portion of said slock hereby directed to be issued, shall consist of two thou- sand five hundred shares. {Laws, 1830, § 2.) § 3. The Comptroller is hereby authorized and directed to advertise for proposals to be received at any time previous to the 5th day of September next, and not to be opened until that day for the loan of the said sum of two hundred and fifty thousand dollars, payable on the 15th day of September next, and such proposals may be made lor any portion of the said sum not less than the par value of one share of the said stock. § 4. The Finance Committees of both Boards of the Com- mon Council, and the Comptroller, shall determine on or after the said 5th day of September next, which and what propor- tion of the said proposals shall be accepted, and the said Comptroller shall issue certificates for the number of shares necessary to make up the said sum of two hundred and fifty thousand dollars, to the person or persons, company or compa- nies, whose proposals shall have been accepted. (Ibid.) § 5. The said certificates shall be made in conformity with the resolution of the Common Council, passed on the 7th day of August, jl 835, and shall be signed by the Comptroller and countersigned by the Mayor. § 6. The said Comptroller shall keep a separate and distinct account of all monies received and paid on account of said stock, and the provisions of the ordinance entitled " A Law providing for the redemption of the City Stock," so far as the same can be applied to the stock hereby created, shall be ap- plicable to the same. Passed the Board of Assistants, August 1, 1836. Passed the Board of Aldermen, August 1, 1836. Approved by the Mayor, August 8, 1836. 94 A LAW To amend a law entitled " A Law to create a Public Fund or Stock, to be called the Public Building Stock of the City of New York:' The Mayor, Aldermen and Commonalty of the City of New York, in Common Council convened, do ordain as follows: § 1. The Comptroller is hereby authorized, with the advice and consent of the Finance Committees of the Common Coun- cil, to receive and accept such proposals as may be offered to him, for so much of the loan of two hundred and fifty thousand dollars mentioned in the law hereby amended, as may not have been proposed for and accepted, previous to the 5th day of September instant. Passed by the Board of Aldermen, Sept. 12, 1836. Passed by the Board of Assistants, Sept. 12, 1836. Approved by the Mayor, Sept. 14, 1836. A LAW In addition to the law entitled " A Law to create a Public Fund or Stock, to be called the Public Building Stock of the City of New York" The Mayor, Aldermen and Commonalty of the City of New York, in Common Council convened, do ordain as follows : § 1. An addition to the public fund or stock called " The Public Building Stock of the City of New York," shall be cre- ated for a loan of two hundred and fifty thousand dollars, which shall bear an interest of not exceeding 5 per cent, per 95 annum, payable half yearly, and shall be redeemable on or after the 6th day of May, which will be in the year one thou- sand eight hundred and fifty-six. § 1. The said stock shall consist of two thousand five hun- dred shares, and the nominal value of each share of the said stock, shall be one hundred dollars. § 3. The Comptroller is hereby authorized and directed to receive proposals for said loan of two hundred and fifty thou- sand dollars, or for any portion of said sum, not less than par value of one share of said stock, at such times as the Finance Committees of the Common Council shall direct. Said pro- posals shall be made for cash or on such terms as shall be di- rected by the said Committees ; but no such stock shall be issued under par. § 4. The Finance Committees of both Boards of the Com- mon Council, and the Comptroller, shall determine which and what proportion of the said proposals shall be accepted, and the said Comptroller shall issue the certificate necessary to make up the said sum of two hundred and fifiy thousand dol- lars, to the person or persons, company or companies whose proposals shall have been accepted. § 5. The said certificates shall be made in conformity with the resolution of the Common Council, passed on the 7th day of August, 1^35, and shall be signed by the Comptroller and countersigned by the Mayor. § 6. The said Comptroller shall keep a separate and distinct account of all monies received and paid on account of the Public Building Stock, and the provisions of the ordinance en- titled " A law providing for the redemption of the City Stock," so far as the same can be applied to the stock hereby created, shall be applicable to the same. Adopted by the Board of Aldermen, June 12, 1837. Adopted by the Board of Assistants, June 19, 1837, Approved by the Mayor, June 20, 1837. 96 iTo.e.-Under these ordinances, the following loans were effected at five per cent, interest, to wit $ 25,000 On Sept. 15, 183G, • • ' ^^s.OOO Feb. 21, 183G, • • ' * ^ ^ Redeemable 6th May, 1856. ^250,000 The following loans under this head' of Building Stocks, have also been taken at five per cent, to wit $125,000 June 21, for • • ' * ^ 24,200 July 8, . • • • ' 100,000 Sep. 6. . • • • • ' ^ Redeemable 6th May, 1856, ^249,200 TITLC V. A LAW PROVIDING FOR THE REDEMPTION OF THE CITY STOCKS. Note. — On 9th of August, 1813, the Common Council passed the first ordinance creating the Sinking Fund, {See MSS. Book of Ordi- nances of 9lh March, 1812, p. 293.) This ordinance does not ap- pear in any printed edition of the Corporation ordinances, but wi-h some slight exceptions, is the same with those appearing in the re- visions of 1817, p. 67 ; of 1821, p. 64 ; of 1823, p. 123 ; of 1827, p, 131 ; and of 1834, p. 219. In the last revision, the matter received a new arrangement, but is not materially altered in substance. The variations of these ordinances, so far as they effect the interests of stockholders are hereafter noted. The Mayjr^ Aldermen and Commonaltij of the City of New York, in Common Council convened, do ordain as follows: ARTICLE I. OF TH|: COMMISSIONERS OF THE SINKING FUND. § 1. The Mayor, Recorder, Comptroller, aud Treasurer of the said ciiy, and the Chairman of the Finance Committee of the Board of Aldermen, and the Board of Assistant Alder- men, for the time being respectively, shall constitute and be denominated " The Commissioners of the Sinking Fund, for the redemption of the New York City Stock." Note. — The officers here named, with the exception of the Chairman of the Finance Committee of the Board of Assistants, were appointed Commissioners of the Sinking Fund by the Ord. of 1813, and by every subsequent revision down to 1834. The Chairman of the Fi- 13 98 nance Committee of the Board of Assistants was added to the Com- missioa'by Ordinance of January 5, 1833, 1 Pro. C. C. 320. This section is substantially the same with ^ 2. Ord. of 1827. § 2. Any three or more of the persons named in the first section of this tiile, of whom the Comptroller shall be one, shall be and arc hereby authorized to discharge the trust and duties vested in them by this law. Note.— The same as § 2, Ord. 219, and last clause of § 2 o/ Ord. o/1827. That the Comptroller shall be one of the acting Commissioners, as contained in this and other sections of this ordinance, was first in- serted in the Ord. of 1817, and has been continued in all subsequent ones. § 3. All purchases to be made of the City Stocks shall be made by or under the direciion of the Commissioners of the Sinking Fund, as herein and hereby constituted and appointed. Note. — The same as ^ 3, Ord. 219, and is constructed from ^ 2, of Ord. of 1827. The designation "City Stocks," has been substituted for « (./ity Stock," so as to embrace all the Pubhc City Stocks or Funds. When the Ordinance of 1834 was passed, all the City Stocks were known as « The New York City Stock." § 4. The said Commissioners shall invest all monies which shall constitute the said Sinking Fund, or as much thereof as they can, in the purchase of stocks created by the Corpora- tion of the City of New York, at the market price, not ex- ceeding the par thereof ; and if at any time such investments cannot be made at par, then the said Commissioners shall be authorized to invest the said monies, or such part thereof as they may see fit, either in the purchase of the said stock, or stock of the State of New York, or in the stock of the Uni- ted States, notwithstanding such stocks may be above the par thereof. Note. — The same as J 4 Ord, 220 and { 3 Ord, of 1827, extending the sec- 99 tion however, to all stock created by the Corporation. By the Orel, of 1813, the Commissioner^ were authorized to invest in City Bank Stocks ; but Bank Stocks were left out of the Ord. of 1817, and all subsequent ones. Purchases of Stock of the State of New York was first allowed by the Ord. of 1820. (See Ord. of 1821, p. 65) § 5. The powers conferred on the said Commissioners, in the last prccednig section, shall be so construed as to render it impe- rative on the said Commissioners, at all times, to give prefer- ence to the purchase of City Stock, if the same can be pro- cured at a reasonable rate. Note, — The same as ^ 5, Ord. 220, and ^ 3 of Ord. 1827, extending it how- ever to all the City Stocks. § 6. Whenever the said Commissioners shall have invested any part of t!ie said fund in the {)urchase of stock of this State or of the I'nitcd States, and shall at any time thereafter be ena- bled to purchase any of the City Stocks, at such prices as they may judge best for the public interest, they shall forthwith, sell and dispose of such State or United States Stocks, and invest the proceeds thereof in City Stock, if, in their opinion, such disposition would be beneficial to the public interests. 9 Note.— The same as ^ 6 Ord. 220, and Ord. of 1827, ^ 3, with but shght verbal alterations. § 7. All monies, constituting the Sinking Fund, shall be de- posited in the Treasury of the City, to the credit of the said Commissioners, and shall be kept separate and distinct from the other monies of the Corporation. iVo^c— The same as ; 7, Ord. 220, (Ord. 1817, ^ 4.) except that the words "hereinafter created," after "Fund," are stricken out. These words are omitted because the Sinking Fund, hereinafter described, was created principally by the ordinance of 1813, and has been from 100 time to time increased since that date, and is not created by thii ordinance, and was not created by that under revision. § 8. The said monies, constituting the Sinking Fund, shall be drawn, from the Treasury by warrant, signed by the said Commissioners, or any three of them, the Comptroller being one^ whenever the said monies, or any portion thereof, may be re- quired for such purchase and investments as are herein before mentioned. Same as ^ 8. Ord, 220, § 4. Ord. 1827. § 9. It shall be the duty of the Comptroller of this City, once in every year, or oftener if required, to render to the Common Counctil a full and exact report of the proceedings of the Com- missioners of the Sinking Fund. § 10. The said report shall specify the disbursements, pur- chases and sales made by the said Commissioners; the prices at which, and the parlies from whom such purchases, and to whom such sales sliall have been made; the aniounts and de- scriptions of the stocks of this city, purchased by the said Com- missioners ; the amount of, the stock of this State, and of the United States, then held by them ; and the monies in the City Treasury, to the credit of the said Sinking Fund. ^ote. — The last two sections are the same in substance as ^ 9, 10, Ord. 220, 221, but altered to embrace all the City Stocks. § II. The term "City Stock," used in this title, shall be construed to mean any stock or fund created by the Corpora- tion of the City of New York. Note, — This section is new. 101 ARTIOLi: II. OF "THE SINKING FUND OF THE CITY OF NEW YORK." Note.— By the Act of 8th June, 1812, ^ 9 (G Weh. 438,) the faith of the Corporation is pledged for the final redemption and payment of the stock created under that act, and'all the revenues of the Corpora- tion were pledged for payment of the interest. See aitte, p. 66. The several Acts of 24th March, 1820, 28th March, 1826, and 19lh April, 1828, above cited, (all of which relate to "Tlie New York City Stock,") adopt the provisions of the Act of 1812 ; but each saves the prior liens of stockholders under the previous laws. And the Act of 2d May, 1834, § 10, {Laws^ 453,) authorizing the Water Stock; and that of 6th May, 1836, ^3, (Laivs, 338,) autho- rizing the PubHc Building Stock ; in like manner adopt the Act of 1812, but without the saving clause as to prior liens. At the time of the passage of the ordinance under revision, to wit: 11th February, 1834, "The New Y'ork City Stock" was the only " stock of the City of New York" which had then been is- sued. The Sinking Fund, as then established, stood pledged for the redemption of that stock alone. But the several ordinances creating the Water Stock, (2 Pro. C. C. ^9,) the Fire Loan Stock. (3 P. C. C. 197, 5 20,) the Public Building Stock, (4 P. C. C. 47, 5 6,) declare, that this law, as to the redemption of the City Stock, so far as the same can be applied to the several last men- tioned stocks, shall be appHcable to the same. Whether these ex- pressions were intended by the Common Council, to pledge the Sink- ing Fund, as described in the ordinance of 1834, as well for the re- demption of the Water Stock, the Fire Loan Stock, and the Pub- lic Building Stock, as "The New York City Stock," or only to ap- ply the rules of this ordinance to the administration of the Special Smking Funds created for these new stocks respectively, is not free from doubt. The reviser has chosen to consider the former con- struction as the correct one, and in the revision of this ordinance, so to frame the language, as to embrace all the City Stocks. The liens of the several stocks will then take preference, according to priority of dates. Should the construction of the reviser be erro- neous, the necessary amendments can be easUy made when this matter shall be considered. 102 § 12. All^ monies heretofore received, and hereafter to be received from the foUov^^ing sources, are pledged, appropri- ated and applied to, and constitute and form a fund, called the Sinking Fund of the City of New York, until the whole of the present stocks of the City of New York, shall be finally and fully redeemed, namely : Note. — This section is the same in substance as p. 1, Tit. 2. Ord. 221. The language is changed from enacting to declaratory language, for the reasons before stated ; that the Sinking Fund is not now created, but has been long since created, and all stockholders have existing vested rights in it. The word "present," before "stocks," has been inserted, so as to confine the pledge of the Sinking Fund to the existing stocks. 1. For commutation of quit rents on grants. Note. — Prior to April 30th, 1827, the commutation of quit rents, on grants prior to the year 1804 only, were pledged. The ordinance of that date extended the pledge as in this subdivision. 2. For quit rents arising. from such grants as were issued prior to the year one thousand eight hundred and four. 8. For licences to pawnbrokers and dealers in the purchase or sale of second-hand furniture, metals or clothes. 4. For hackney coach licences and for street vaults. 5. For market fees and market rents. 6. The nelt proceeds of all sales of real estate which be- longed to the Corporation on the first day of January, eigh- teen hundred and twenty-five, and sold since that date, or here- after to be sold. Note. — The above subdivisions, from the 2d to the 6th inclusive, are the same in substance as Ordinance 221. By the Ordinance of August 9, 1813, « twenty-five per cent, on the nett proceeds of all sales of real estate belonging to this Corporation, and hereafter sold," namely, after the 9th of August, 1813, were " firmly and inviolaby pledged" to the re- demptionof the City Stock. The same language was adopted in the revision of the 5th of May, 1817, $ 1. In the Ordinance of the Uth December, 1820, Ed.oi 1821, the language " twenty-five per cent. 103 on the nett proceeds of all sales of real estate, which belonged to this Corporation on the 5th of May, 1817, and hereafter to be sold," was adopted, and was continued until the revision of the ;30th of April, 1827, at which time the language of the 6th subdivision of the section now under examination was adopted. The stock of 1820 was taken under the ordinance of 5th May, 1817. The pledges of that Ordinance are therefore still in force ; and as the ordinance under revision ought to declare all the funds which are pledged to tho Sinking Fund, the following subdivision is respect- fully submitted : 7. Twenty-five per cent, on the nett proceeds of all sales of real estate belonging to the Corporation on the filth day of May, 18 17, and sold before the first day of January, 1825. 8. And all such other sources of revenue or sums of money as the said Corporation shall hereafter think proper to appro- priate to the said fund. Note. — The same as the 7th subdivision, 1 Ord. 221. § 13. All revenue to be received for water, to be procured by the works for supplying the City of New York with pure and wholesome water, and furnished to the inhabitants of said city is especially pledged and appropriated as a Sinking Fund towards the redemption of "the Water Stock of the City of New York.^' # Noie.—Uke ^ 9, of Ord. of May 7th, 1835. 2 Pro. cc. 402. § 14. The faith and property of the City of New York, and the proceeds of all bonds and mortgages which may have been or shall be purchased in pursuance of the ordinance creating '* The Fire Loan Stock of the City of New York," passed February 16lh, 1836, are pledged for the redemption of the said stock or loan. iVote.— The same in substance as \ 6 Ord. of 16th Feb. 1836. 3 Pro. cc. 192. See also \ 16 and 20 of same Ordinance, AnLe pa, And \ 11 Ordinance of March 3d, 1836. 3 Pro. cc. 213, anLe pa. 88. 104 § 15. The buildings included in the estabhshnnent called the Alnns Mouse at Bellevuc, together with all the lots of land, and water rights attached thereto, except such water rights and lots as the Corporation of the City may reserve for public purposes, are pledged for the paynnent of " The Public Build- ing Stock of the City of New York," and whenever any of the said buildings, lots, or water rights shall be sold, leased or rented, the proceeds and the revenue accruing the refronn, must be applied to tlie payment of the principal and interest of said debt. Note.— The same as" ^ 5 of Act of May 6th, 1836, (Laivs^ 339) with such alterations of language as to make the section declaratory only of the existing law. § IG. All stock of this state or United States Stock, which shall be purchased by the Commissioners of the Sinking Fund, shall be transferred to the said Commissioners, and all trans- fers of the said stock of this state or United States Stock, when sold and disposed of pursuant to the provisions of this ordi- nance, shall be made by the said Commissioners or any three of them, of whom the Comptroller shall be one. § 17. The City Stock which shall be purchased by the said Commissioners, shall be transferred to them, and shall be held by them until the final redemption thereof; and the interest of the stock so purchased shall, at each quarterly payment there- of, be regularly carried to the credit of the said Sinking Fund. § 18. Tiiat portion of the fund mentioned in the last preced- ing section of this title shall be used and em[)lo\ ed by the said Commissioners, in like manner as the other monies constituting and forming the said fund, as also the interest which may from time to time accrue, or be made on any United States Stock, or stock of this state, purchased and held by the said Commis- sioners by virtue of this law. JVbte^The three last sections are the same as ^ 2, 3, and 4 of Ord. 221, 222, and Ord. of 1827, § 5, 6. TITLE IL A Law to amend " A Law making provision for the re- demption of the City StockJ^ Note* — The Ordinance of March 4th, 1834, under the above title, is still in force, the debt to which it relates, not being extinguished. There seems to be no proper place for it. The markets mentioned in it, are not by virtue of tliis ordinance made part of the Sinking Fund, but are pledged to the Sinldng Fund, as a security for a loan from that fund made to the Corporation. The reviser has therefore made a title of it under the general head of " City Debts." The Mayor, Aldermen and Commonalty of the City of New York, in Common Council convened, do ordain as follows : § 1. The Commissioners of the Sinking Fund are hereby authorized to invest so much as may be necessary of the ba- lance of the said fund, standing to their credit, or which may hereafter stand to their credit on the books of the Comptroller, in tHe purchase of a piece of land in the Eleventh Ward, be- tween North and Second streets, and in the purchase of the land for extending and improving the Grand street, Essex, and Centre Markets ; and the whole of the rents, fees, and in- come of the said markets in their improved state, and the land thus purchased, is hereby appropriated and pledged for the payment of the principal and interest of the sum that shall be thus drawn from the said fund. Passed by the Board of Assistants, February 24, 1834. Passed by the Board of Aldermen, March 3, 1834. Approved by the Mayor, March 4, 1834. 14