lEx IGtbrtfi 
 
 SEYMOUR DURST 
 
 IVhen you leave, please leave this hook 
 
 'Because it has heen said 
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 Avery Architectural and Fine Arts Library 
 Gift of Seymour B. Durst Old York Library 
 
CHARTER 
 
 OF THE 
 
 CITYOF BROOKLYN, 
 
 Being Chapter 583 of the Laws of 1888, 
 ENTITLED: 
 
 AN ACT TO REVISE AND COMBINE IN A 
 SINGLE ACT ALL EXISTING SPECIAL 
 AND LOCAL LAWS AFFECTING 
 PUBLIC INTERESTS IN THE 
 CITY OF BROOKLYN. 
 
 As the same has been amended from time to 
 time and was* in force on the first day 
 of January, 1895. 
 
 Press of John Cassidy, 221 Fulton Street, 
 New York City. 
 
CONTENTS. 
 
 Page 
 
 Title L City and Ward Limits 5 
 
 " II. Legislative Department 23 
 
 " HI. Of City Officers, their Elections and 
 
 Duties 43 
 
 " IV. Of the Department of Finance 53 
 
 " V. Department of Audit 65 
 
 . " VI. Of the Treasury Department 67 
 
 VIL Department of Collection 69 
 
 " VIII. Department of Arrears 77 
 
 " IX. Department of Law 95 
 
 " X. Department of Assessment 97 
 
 " XI. Department of Police and Excise 107 
 
 " XII. Department of Health 135 
 
 " XIII. Department of Fire 145 
 
 " XIV. Department of Buildings 165 
 
 " XV. Department of City Works 233 
 
 " XVI. Department of Parks 265 
 
 " XVII. Department OF Public Instruction ... . 285 
 
 " XVIII. Of Contracts 293 
 
 XIX. Local Improvements 297 
 
 " XX. Of Elections 319 
 
 " XXI. Courts of Justice of the Peace and 
 
 Police Courts 339 
 
 " XXII. Miscellaneous Provisions 345 
 
 Appendix 361 
 
The Appendix contains the amendments to the 
 Charter passed by the Legislature of 1895. 
 
 When any section of the Charter is consulted, 
 therefore, reference should be had to the Appen- 
 dix to find whether any change has been made by 
 that legislation in such section. 
 
TITLE I. 
 
 CITY AND WAKD LIMITS. 
 
 Section 1. All that portion of the County of Kings which 
 is bounded on the north and west by the County of New 
 York ; on the west by New York bay ; on the south by the 
 towns of New Utrecht, Flatbush and Flatlands and by Ja- 
 maica bay ; and on the east and north by the County of 
 Queens, including all wharves, piers, docks and basins lying 
 southerly and easterly of the center line of the East river, 
 shall continue to be a municipal corporation, to be known as 
 and called " The City of Brooklyn ; " provided, however, that 
 nothing herein contained shall invalidate, impair or in any 
 manner affect any proprietary grant or grants heretofore 
 made to, or any rights, titles or interests now or at any time 
 heretofore vested in the mayor, aldermen and commonalty of 
 the City of New York. 
 
 By legislation in the year 1894 the boundaries of the 
 city were made coterminous with those of the County of 
 Kings. 
 
 Ch. 451, Laws of 1894. 
 
 Ch. 356, " " " 
 
 Ch. 449, " " " 
 
 Ch. 450, " <c * 
 
 § 2. The first ward of the city shall comprise the following 
 district, namely : Beginning at a point on Fulton avenue 
 where the center lines of Fulton street and Boerum place in- 
 tersect each other, and running thence northwesterly along 
 the center of Fulton street, and a line in continuation thereof 
 to the East river ; thence southwesterly along the East river 
 to a point opposite the center of Atlantic avenue or a line in 
 continuation thereof ; thence easterly along the center of At- 
 lantic street to the center of Boerum place; and thence 
 northerly along the center of Boerum place to the place of 
 beginning. 
 
 *Ch. 450, Laws of 1894, annexing the town of Flatlands to the city 
 4pes not take effect tintil January 1, 1896. 
 
City and Ward Limits. 
 
 6 
 
 Title L 
 
 § 3. The second ward of said city shall comprise the fol- 
 lowing district, namely : Beginning on a point on the East 
 river at the center Hne of Fulton street continued, and run- 
 ning thence southeasterly along the center line of Fulton 
 street to a point opposite the center of Sands street; thence 
 easterly along the center of Sands street to the center of 
 Bridge street ; fchence northerly along the center of Bridge 
 street and a line in continuation thereof to the East river ; 
 and thence westerly along the East river to the place of be- 
 ginning. 
 
 § 4. The third ward of said city shall comprise the follow- 
 ing district, namely: Beginning at a point formed by the in- 
 tersection of the center of Boerum and Fulton streets ; 
 thence easterly along the center of Fulton street to the inter- 
 section of Fulton avenue and Flatbush avenue ; thence south- 
 erly along the center of Flatbush avenue to the center of 
 Fourth avenue; thence southwesterly along the center of 
 Fovo'th avenue to the center of Bergen street ; thence north- 
 westerly along the center of Bergen street to the center of 
 Court street; thence northerly along the center of Court 
 stree t to the center of Atlantic street ; thence along the cen- 
 ter of Atlantic street to the center of Boerum place ; and 
 thence northeasterly along the center of Boerum place to the 
 place of beginning. 
 
 § 5. The fourth ward of said city shall comprise the fol- 
 lowing district, namely : Beginning at a point where the 
 center lines of Sands street and Fulton street intersect each 
 other, and running thence easterly along the center of Sands 
 street to the center of Bridge street ; thence southerly along 
 the center of Bridge street to the center of Fulton street ; 
 and thence northwesterly along the center of Fulton avenue 
 and Fulton street to the place of beginning. 
 
 § 6. The fifth ward of said city shall comprise the follow- 
 ing district, namely : Beginning at a point where the center 
 lines of Bridge street and Johnson street intersect each 
 other, and running thence easterly along the center of John- 
 son street to the center of Navy street; thence northerly 
 along the center of Navy street to the northerly side of 
 Nassau street ; thence easterly along the northerly side of 
 
Titie L 
 
 7 
 
 City and Ward Limits. 
 
 Nassau street to the southwesterly corner of the United 
 States Navy Yard ; thence northerly, northwesterly and 
 northeasterly along the United States Navy Yard to the East 
 river ; thence westerly along the East river to a point on the 
 continuation of the center line of Bridge street ; thence 
 southerly along the center of Bridge street to the place of 
 beginning. 
 
 § 7. The sixth ward of said city shall comprise the follow- 
 ing district, namely : Beginning on the East river, at the 
 center of Atlantic street ; thence easterly along the center of 
 Atlantic street to the center of Court street ; thence southerly 
 along the center of Court street to the center of Fourth place, 
 thence westerly along the center of Fourth place to the cen- 
 ter of Henry street ' thence southeasterly along the center 
 of Heni-y street to the center of Coles street ; thence westerly 
 along the center cf Coles street to the center of Hamilton 
 avenue ; thence along the center of Hamilton avenue to the 
 East river ; thence along the East river to the place of be- 
 ginning. 
 
 § 8. The seventh ward of said city shall comprise the fol- 
 lowing district, namely : Beginning at a point formed by the 
 intersection of the middle lines of Bedford and Flushing 
 avenues, running thence southerly along the center line of 
 Bedford avenue to its intersection with the middle line of 
 Brevoort place ; and thence westerly along the middle line 
 of Brevoort place to the middle line of Franklin avenue ; 
 thence southerly along the middle line of Franklin avenue to 
 the middle line of Atlantic avenue ; thence westerly along 
 the middle line of Atlantic avenue to the middle line Wash- 
 ington avenue ; thence northerly along the middle line of 
 Washington avenue to the middle line of Flushing avenue ; 
 thence easterly along the middle line of Flushing avenue to 
 the point or place of beginning. 
 
 § 9. The eighth ward of said city shall comprise the fol- 
 lowing district, namely : Beginning at a point where the cen- 
 ter line of Prospect avenue intersects Gowanus bay, and 
 running thence southeasterly along the center of Prospect 
 avenue to the line of the town of Flatbush ; thence south- 
 westerly along said Flatbush line to the line of the town of 
 
City and Ward Limits. 8 
 
 Title 1. 
 
 New Utrecht ; thence southwesterly along said line, crossing 
 a highway called Martense's lane ; thence southwesterly along 
 said line to the southerly boundary of said City of Brooklyn ; 
 thence northwesterly along the line of said town of New 
 Utrecht to the Bay of New York, thence northeasterly along 
 the said bay, and along Gowanus bay to the place of beginning. 
 
 By resolution of the Common Council, passed July 11, 
 1892, the boundaries of the eighth ward were consti- 
 tuted as follows : 
 
 Beginning at a point where the center line of Prospect 
 avenue intersects Gowanus bay and running thence 
 southeasterly along the center line of Prospect avenue to 
 the center line of Sixth avenue : thence southwesterly 
 along the center line of Sixth avenue to the center line 
 of Twenty-third street : thence southeasterly along the 
 center line of Twenty-third street to the center line of 
 Seventh avenue, thence northeasterly along the center 
 line of Seventh avenue to the southerly side of Twentieth 
 street : thence southeasterly along the southerly side of 
 Twentieth street to a point distant one hundred feet north- 
 westerly from the corner formed by the intersection of the 
 southerly side of Twentieth street with the westerly side of 
 Ninth avenue : thence southwesterly on a line parallel 
 with and distant one hundred feet from the westerly side 
 of Ninth avenue to the northerly line of Twenty-first street; 
 thence southeasterly along the northerly line of Twenty- 
 first street to the westerly line of Ninth avenue and thence 
 northeasterly along the westerly line of Ninth avenue to 
 southerly side of Twentieth street and thence south- 
 easterly along the southerly side of Twentieth streat to 
 the westerly line of Tenth avenue ; thence southwesterly 
 along the westerly line of Tenth avenue to the southerly 
 side of Twenty-second street as laid down on the Com- 
 missioner's map of the City of Brooklyn ; thence south- 
 easterly along the southerly side of Twenty-second street 
 as so laid down to the line separating the town of Flat- 
 bush from the City of Brooklyn, thence southwesterly 
 along the said division line to the line of the town of New 
 Utrecht ; thence along the line separating the City of 
 Brooklyn from the town of New Utrecht as the same now 
 runs to the Bay of New York; thence northeasterly along 
 the said bay and along Gowanus bay to the place of 
 beginning. 
 
 Min. Common Council, 1892, Vol. 2, p. 894. 
 
Title I. 
 
 9 
 
 City and Ward Limits. 
 
 § 10. The ninth ward of said city shall comprise the fol- 
 lowing district, namely : Beginning at a point formed by the 
 intersection of the middle line of Flatbush and Atlantic ave- 
 nues, running thence in a southerly direction along the mid- 
 dle line of Flatbush avenue to the city line ; thence along 
 the city line in an easterly direction to the middle line of 
 Franklin avenue ; thence in a northerly direction along the 
 middle line of Franklin avenue to the middle line of Atlantic 
 avenue ; and thence in a westerly direction along the middle 
 line of Atlantic avenue to the point and place of beginning. 
 
 By resolution of the Common Council, passed July 
 11, 1892, the boundaries of the ninth ward were consti- 
 tuted as follows : 
 
 Beginning at a point where the center lines of Flat- 
 bush and Fourth avenues intersect, running thence 
 southeasterly along the center line of Flatbush avenue 
 to the center line of Atlantic avenue ; thence southeast- 
 erly along the center line of Atlantic avenue to the cen- 
 ter line of Franklin avenue ; thence southwesterly along 
 the center line of Franklin avenue to the line separating 
 the City of Brooklyn from the town of Flatbush ; thence 
 in a westerly direction along said line as the same now 
 runs to the center line of Flatbush avenue ; thence 
 northwesterly along the center line of Flatbush avenue 
 to the southern boundary of the Plaza : thence westerly 
 along the southern boundary of the Plaza to the center 
 line of Ninth avenue ; thence northerly along a line in 
 continuation of the center line of Ninth avenue to a point 
 where said line would intersect a line drawn in continu- 
 ation of the center line of Union street ; thence north- 
 westerly along said line and along the center line of 
 Union street to the center line of Fourth avenue, and 
 thence northeasterly along the center line of Fourth 
 avenue to the point or place of beginning. 
 
 Min. of Common Council, 1892, Vol. 2, p. 894. 
 
 § 11. The tenth ward of said city shall comprise the fol- 
 lomng district, namely : Beginning at a point formed by the 
 intersection of the center of Fourth avenue and Bergen 
 street; thence running southwesterly along the center of 
 Fourth avenue to the center of First street ; thence north- 
 westerly along the center of First street to the center of 
 Gowanus canal ; thence southerly and westerly along the 
 center line of Gowanus canal to a point where a line drawn 
 
City and Ward Limits. lO 
 
 Title I. 
 
 in continuation of the center line of Fifth street, would in- 
 tersect the center line of Gowanus canal ; thence north- 
 westerly along said line drawn in continuation of the center 
 line of Fifth street to the center line of Fifth street , thence 
 northwesterly along the center of Fifth street and Fourth 
 place to the center of Court street ; thence along the center 
 of Court street to the center of Bergen street, and thence 
 southeasterly along the center of Bergen street to the place 
 of beginning. 
 
 § 12. The eleventh ward of said city shall comprise the fol- 
 lowing district, namely : Beginning at a point where the 
 center lines of Fulton street and Bridge street intersect each* 
 other ; thence running northerly along the center of Bridge 
 street to the center of Johnson street ; thence easterly' along 
 the center of Johnson street to the center of Navy street ; 
 thence northerly along the center of Navy street to the cen- 
 ter of Nassau street ; thence easterly along Nassau street to 
 the southwesterly corner of the United States Navy Yard ; 
 thence northerly along the same to the East river ; thence 
 easterly along the East river and Wallabout bay to the cen- 
 ter line of Portland avenue or a line in continuation thereof ; 
 thence southerly along the center of Portland avenue in a 
 straight line, across Washington park to the center of At- 
 lantic avenue ; thence westerly along the center line of At- 
 lantic avenue to a point where the center line of Atlantic 
 street and Flatbush avenue intersect each other; thence 
 northwesterly along the center of Flatbush avenue to the cen- 
 ter of Fulton street ; and thence westerly along the center of 
 Fulton street to the point or place of beginning. 
 
 § 13. The twelfth ward of said city shall comprise the fol- 
 lowing district, namelj'^ : Beginning in the East river on the 
 center line of Hamilton avenue; thence southerly along the 
 center line of Hamilton avenue to the center of Coles street ; 
 thence southeasterly along the center of Coles street to the 
 center of Henry street ; thence northerly along the center of 
 Henry street to the center of Fourth place ; thence south- 
 easterly along the center of Fourth place to the center of 
 Smith street ; thence northerly along the center of Smith 
 street to the center of Fifth street; thence southeasterly 
 
Title I. 
 
 11 
 
 City and Ward Limits. 
 
 along the center of Fifth street and along a line drawn in 
 continuation of Fifth street to a point where said line would 
 iutersect the center of Gowanus canal ; thence southwesterly 
 along the center line of Gowanus canal to Gowanus bay ; 
 thence along the Gowanus bay and East river to the place of 
 beginning. 
 
 § 14. The thirteenth ward of said city shall comprise the 
 following district, namely: Beginning at the permanent 
 water line on the easterly side of the East river, where the 
 same would be intersected by the dividing line between the 
 late cities of Brooklyn and Williamsburgh ; thence running 
 in an easterly direction along the said dividing line to the 
 center of Rodney street and its intersection with said line; 
 thence in a northeasterly direction along the center of Rod- 
 ney street to the center of the intersection of Ninth and 
 Grand streets ; thence in a northwesterly direction along the 
 center of Grand street to the permanent Hne of the East 
 river ; thence southwesterly along the permanent line of the 
 East river to the aividing line between the late cities of 
 Brooklyn and Wilhamsburgh to the place of beginning. 
 
 By resolution of the common council passed July 11, 
 1892, the boundaries of the thirteenth ward were con- 
 stituted as follows : 
 
 Begiauing at the permanent water line on the easterly 
 side of the East river where the same would be inter- 
 sected by the center line of Division avenue ; thence in 
 an easterly direction along the said center line of Divi- 
 sion avenue to the center Line of Rodney street ; thence 
 in a northeasterly direction along the center line of Rod- 
 ney street to the center line of Grand street ; thence in 
 a northwesterly direction along the center line of Grand 
 street to the permanent line of the East river ; thence 
 southwesterly along the permanent line of the East river 
 to the center line of Division avenue, the place of begin- 
 ning. 
 
 Min. of Common Council, 1892, Vol. 2, p. 895. 
 
 . § 15. The fourteenth ward of said city shall comprise the 
 following district, namely : Beginning at the easterly perma- 
 nent line of the East river, wher^ the same would be inter, 
 sected by a line di'awn through the center of Grand street ; 
 thence running in a southeasterly direction along the center 
 
City and Ward Limits. 12 
 
 Title I. 
 
 of Grand street to the center of the intersection of Grand and 
 Rodney streets ; thence in a northeasterly direction along the 
 center of Rodney street to the center of the intersection of 
 North Second and Rodney streets ; thence in an easterly 
 direction along the center of North Second street to the cen- 
 ter of the intersection of North Second street and Union 
 avenue ; thence in a northerly direction along the center of 
 Union avenue to the center of the intersection of Union avenue 
 by Driggs street ; thence in a northeasterly direction along 
 the center of Driggs street to the center of the intersection 
 of North Fourteenth street by Fifth street ; thence in a 
 northwesterly direction along the center of North Fourteenth 
 steeet to the center of the intersection of North Fourteenth 
 and Kent avenue ; thence in a southwesterly direction along 
 the center of First and North Thirteenth streets ; thence in 
 a northwesterly direction along the center of North Thir- 
 teenth street to the easterly permanent line of East river ; 
 thence in a southwesterly direction along the easterly perma- 
 nent line of East river to the center of Grand street, the place 
 of beginning. 
 
 § 16. The fifteenth ward of said city shall comprise the fol- 
 lowing distiict, namely : Beginning at the center of the in- 
 tersection of South Second and Rodney streets ; thence, run- 
 ning in a southeasterly direction along the center of South 
 Second street to the center of the intersection of South 
 Second street by Union avenue ; thence in a northerly direc- 
 tion along the center of Union avenue to the center of the 
 intersection of Ten Eyck street by Union avenue ; thence in 
 an easterly direction along the center of Ten Eyck street to 
 the center of the intersection of Wyckoff street and Bushwick 
 avenue ; thence in a northwesterly direction along the center of 
 Bushwick avenue to the center of the intersection of Bushwick 
 avenue and North Second street ; thence in a westerly direc- 
 tion along the center of North Second street to the center of 
 the intersection of North Second street and Humboldt street ; 
 thence in a northerly direction along the center of Humboldt 
 street ; thence in a northerly direction along the center of 
 Smith street to the center of the intersection of Humboldt 
 street Piid Ri'?h^\rdaon street : thence in a westerly direction 
 
Title I. 
 
 13 City and Ward Limits. 
 
 along the center of Richardson street to the center of the 
 intersection of Richardson and Leonard streets ; thence in a 
 northerly direction along the center of Leonard street to the 
 center of the intersection of Leonard and Van Pelt streets ; 
 thence in a westerly direction along the center of Van Pelt 
 street to the center of the intersection of Van Pelt street by 
 Driggs street ; thence in a southwesterly direction along the 
 center of Driggs street to the center of the intersection of 
 Union avenue by Driggs street ; thence in a southerly direc- 
 tion along the center of Union avenue to the center of the 
 intersection of Union avenue and North Second street ; thence 
 in a westerly direction along the center of North Second 
 street to the center of the intersection of Rodney street by 
 North Second street ; thence in a southwesterly direction 
 along the center of Rodney street to the intersection of Rod- 
 ney and South Second streets, the place of beginning. 
 
 § 17. The sixteenth ward of said city shall comprise the 
 following district, namely : Beginning at the intersection of 
 Rodney street and the former dividing line between the 
 former cities of Brooklyn and Williamsburgh ; thence run- 
 ning a southeasterly direction along the said dividing line to 
 the intersection with the center of the Flushing avenue ; 
 thence in an easterly direction along the center of said Flush- 
 ing avenue to the center of its intersection with Bushwick 
 avenue ; thence in a northerly, northwesterly and northeast- 
 erly direction along the center of Bushwick avenue to the 
 center of the intersection of Ten Eyck street and Bushwick 
 avenue ; thence westerly along the center of Ten Eyck street 
 to the center of the intersection of Ten Eyck street by Union 
 avenue ; thence in a southerly direction along the center of 
 Union avenue to the center of the intersection of South Sec- 
 ond street by Union avenue ; thence in a northwesterly direc- 
 tion along the center of South Second street to the center of 
 the intersection of South Second and Rodney streets ; thence 
 in a southwesterly direction to the center of the intersection 
 of Rodney street and the dividing line between the cities of 
 Brooklyn and Williamsburg, the place of beginning. 
 
 By resolution of the Common Council passed July 11, 
 1892, the boundaries of the sixteenth ward were consti- 
 tuted as follows : 
 
City and Ward Limits, 
 
 14 
 
 Title I. 
 
 Beginning at the intersection of the center lines of 
 Rodney street on Broadway, running thence southeast- 
 erly along the center line of Broadway to the center line 
 of Flushing avenue ; thence in an easterly direction 
 along the center Une of Flushing avenue to the center 
 line of Bushwick avenue or road, as the same was orig- 
 inally laid down on a commissioner's map of the town of 
 Bushwick : thence in a northerly, northwesterly- and 
 northeasterly direction along the center Une of Bushwick 
 avenue or road as the same was so laid down to the 
 center line of Ten Eyck street ; thence westerly along 
 the center line of Ten Eyck street to the center line of 
 Union avenue : thence in a southerly direction along the 
 center line of Union avenue to the center line of South 
 Second street : thence in a northwesterly direction along 
 the center line of South Second street to the center line 
 of Rodney street : thence in a southwesterly directi n 
 along the center line of Rodney street to the center line 
 of Broadway, the place of beginning. 
 
 Min. of Common Council, 1892, Vol. 2, p. 895. 
 § 18. The seventeenth ward of said city shall comprise the 
 following district, namely : Beginning at the easterly per- 
 manent line of the East river, where the same would be in- 
 tersected by a line drawn through the center of North Thir 
 teenth street: thence running in a southeasterly' diiection 
 along the cent* r of North Thirteenth street to the center or 
 the intersection of North Thirteenth and Kent avenue; 
 thence northeasterly along the center of Kent avenue to the 
 center of the intersection of North Foui-teenth and First 
 streets ; thence in a southeasterly dii-ection along the center 
 of North Fourteenth street to the center of the intersection 
 of North Fourteenth street by Van Cott avenue; thence 
 along the center of Van Cott avenue in a northeasterly direc- 
 tion to the center of the intersection of Van Pelt street by 
 Fifth street ; thence in an easterly direction along the center 
 of Van Pelt street to the center of the intersection of Van 
 Pelt and Leonard streets ; thence in a southerly direction 
 along the center of Leonard street to the center of the inter- 
 section of Leonard and Richardson streets; thence in an 
 easterly direction along the center of Richardson street to 
 the center of the intersection of Meeker avenue by Richard- 
 son street ; thence in a northeasterly direction along the cen- 
 ter of Meeker avenue, in all its turnings to the center of 
 
Title I. 
 
 15 
 
 City and Ward Limits. 
 
 Newtowu creek : thence in a northwesterly direction alonar 
 the center of Newtown creek, in all its meanderings, to the 
 pei-manent line of the East river to a point where the per- 
 manent hne of the East river would intersect the center of 
 Newtown creek if continued : thence along the easterly per- 
 manent line of the East river in a southerly direction to the 
 center of North Thirteenth street to the place of beginning. 
 
 § 19. The eighteenth ward of said city shall comprise the 
 following district, namely : Beginning at the center of the 
 intei-section of Richai'dson street and Meeker avenue; thence 
 running in a northeasterly dii'ection along the center 
 of Meeker a\enue to the center of Newtown Creek; 
 thence in a southeasterly direction along the center 
 of Newtown Creek to the line of the County of 
 Queens : thenca southeasterly along the b'ne of the County 
 of Queens to the center of Flushing avenue at its intersec- 
 tion ^\ith the said line of the County of Queens : thence 
 southwesterly and westerly along the center of Flushing 
 avenue until it intersects the center of Bush wick avenue ; 
 thence along the dividing line of the sixteenth ward in a 
 northerly, northwesterly and northeasterly, and again 
 northwesterly direction along the centre of Bushwick 
 avenue to the centre of the intersection of Bushwick avenue 
 and North Second street ; thence westerly along the centre 
 of North Second street to the centre of the intersection of 
 North Second and Humboldt streets : thence northerly along 
 the center of Humboldt street to the center of the intersec- 
 tion of Humboldt and Eichardson streets : thence along the 
 center of Richardson street to the point or place of begin- 
 ning. 
 
 Ch. 57, Laws of 1892. 
 
 By resolution of the Common Council passed July 
 11, 1892, the boundaries of the eighteenth ward were 
 constituted as follows : • 
 
 Beginning at the center of the intersection of 
 Richardson streeet and Meeker avenue ; thence running 
 in a northeasterly direction along the center of Meeker 
 avenue to the centre of Newtown Creek ; thence in a 
 southeasterly direction along the center of NewtownCreek 
 to the line of the County of Queens ; thence southeasterly 
 along the Hne of the County of Queens to the center of 
 
City and Ward Limits. 
 
 16 
 
 Title L 
 
 Flushing avenue at its intersection with the said line 
 of the County of Queens ; thence southwesterly and 
 westerly along the center of Flushing avenue until it inter- 
 sects the center of Bush wick avenue or road as the same 
 was originally laid down on the commissioners' map of 
 the town of Bush wick ; thence along the centre of said 
 Bushwick avenue or road as the same was so laid down 
 to the center of Ten Eyck street ; thence along the 
 center line of Bushwick as the same now exists to the 
 center of the intersection of Bushwick avenue and 
 North Second street : thence westerly along the centre 
 of North Second street to the centre of the intersection 
 of North Second and Humboldt streets : thence noi-therly 
 along the center of Humboldt to the center of the in- 
 tersection of Humboldt and Richai'dson streets ; then ce 
 along the center of Richardson to the point or place of 
 beginning. 
 
 Min. Common Council, 1892, Vol. 2, p. 896. 
 
 § 20. The nineteenth ward of said city shall comprise the 
 following district, namely : Beginning at a point formed by 
 the intersection of the center line of Broadway with the cen- 
 ter line of Flushing avenue ; running thence westerly along 
 the center line of Flushing avenue to the center of Washing- 
 ton avenue ; thence northerly along the center line of Wash- 
 ington avenue to the Wallabout bay ; thence northeasterly 
 along Wallabout bay to the line dividing the late cities of 
 Brooklyn and WiUiamsburgh ; thence easterly along the said 
 last mentioned line to the center line of Broadway, and 
 thence easterly again along the center line of Broadway to 
 the point of beginning. 
 
 By resolution of the common council passed July 11, 
 1892, the boundaries of the nineteenth ward were consti- 
 tuted as follows : 
 
 Beginning at a point formed by the intersection of 
 the center line of Broadway with the center line of 
 Flushing avenue, running thence westerly along the 
 center line of Flushing avenue to the center Hne of 
 Washington avenue ; thence northerly along the center 
 line of Washington avenue to the Wallabout canal; 
 thence northwesterly along said canal to Wallabout bay ; 
 thence northwesterly along said Wallabout bay to the 
 center line of Division avenue ; thence easterly along the 
 center line of Division avenue to the center line of 
 Rodney street; thence northeasterly along the center 
 
f 
 
 Title I. 17 City and Ward Limits. 
 
 line of Rodney street to the center line of Broadway ; 
 thence southeasterly along the center line of Broadway 
 to Flushing avenue, at the point or place of beginning. 
 Min. of CJommon Council, 1892, Vol. 2, p. 896. 
 
 § 21. The twentieth ward of said city shall comprise the 
 following district, namely : Beginning at a point formed by 
 the intersection of the center line of Washington avenue with 
 the center of Atlantic avenue, running thence westerly along 
 the center line of Atlantic avenue to the center line of Port- 
 land avenue: thence northerly along the center line of 
 Portland avenue, in a straight line across Washington park, 
 to the East river or Wallabout bay ; thence easterly along the 
 East river or Wallabout bay to the center of Washington 
 avenue, and thence southerly along the center of Washington 
 avenue to the center of Atlantic avenue, to the point or place 
 of beginning. 
 
 § 22. The twenty-first ward of the City of Brooklyn shall 
 compiise the following district, namely : Beginning at a 
 point formed by the intersection of the middle lines of Bed- 
 ford and Lafayette avenues ; thence northerly along the 
 middle line of Bedford avenue to its intersection with the 
 middle line of Flushing avenue ; thence easterly along the 
 middle line of Flushing avenue to its intersection with the 
 middle line of Broadway ; thence southeasterly along the 
 middle line of Broadway to its intersection with the middle 
 line of Lafayette avenue ; thence westerly along the middle 
 line of Lafayette avenue to the place or point of beginning. 
 
 § 23. The Twenty-second ward of said city shall comprise 
 the following district, namely : Beginning at a point where 
 the center line of Flatbush avenue and Foui'th avenue inter- 
 sect, and running thence southeasterly along the center of 
 Flatbush avenue to the line separating the town of Flatbush 
 from the City of Brooklyn ; thence along the division line, 
 as the same now runs, to the center of Prospect avenue ; 
 thence northwesterly along the center of Prospect avenue 
 to Gowanus bay ; thence northeasterly along the said bay 
 to the center line of First avenue; thence northeasterly 
 along the center of Fkst avenue to the center of Fifth street; 
 thence southeasterly along the center of Fifth street to the 
 
City and Ward Limits. is 
 
 Title I; 
 
 center of Second avenue; thence northeasterly along the center 
 Second avenue to the center of First street ; thence south- 
 easterly along the center of First street to the center of 
 Fourth avenue ; thence northerly along the center of Fourth 
 avenue to the place of beginning, including the southerly 
 and westerly boundaries of Prospect park as established by 
 law. 
 
 By resolution of the Common Council, passed July 
 11, 1892, the boundaries of the twenty-second ward 
 were constituted as follows : 
 
 Beginning at a point where the southerly boundaiy of 
 the Plaza intersects the center line of Flatbush avenue, 
 running thence southeasterly along the center line of 
 Flatbush avenue to the line separating the town of 
 Flatbush from the City of Brooklyn ; thence along said 
 division line as it now runs to the southerly side of 
 Twenty- second street as laid down on the commis- 
 sioners' map of the City of Brooklyn ; thence westerly 
 along said southerly side of Twenty -second street, as so 
 laid down to the westerly side of Tenth avenue ; thence 
 northeasterly along the westerly side of Tenth avenue to 
 the southerly side of Twentieth street ; thence north- 
 westerly along the southerly side of Twentieth street to 
 the westerly side of Ninth avenue ; thence southwesterly 
 along said westerly side of Ninth avenue to the northerly 
 line of Twenty-first street : thence northwesterly along 
 the northerly side of Twenty first street one hundred feet; 
 thence northeasterly on a line parallel with and distant 
 one hundred feet from the westerly line of Ninth avenue 
 to the southerly side of Twentieth street : thence north- 
 westerly along the southerly side of Twentieth street to 
 the center line of Seventh avenue ; thence southwesterly 
 along the center line of Seventh avenue to the center 
 line of Twenty third street : thence northwesterly along 
 the center line of Twenty-third street to the center line 
 of sixth avenue ; thence northeasterly along the center 
 line of Sixth avenue to the center line of Prospect ave- 
 nue ; thence northwester^ along the center line of 
 Gowanus bay or canal : thence noi tbeasterly along said 
 center line of said bay or canal as the same now runs to 
 the center line of Fii'st street as originally laid out on 
 the commissioners' map of the City of Brooklyn ; thence 
 southeasterly along the center line of First street as so 
 laid out to the center line of Fourth avenue : thence 
 northeasterly along the center line of Fourth avenue to 
 the center line of Union street : thence southeasterly 
 
Title I. 
 
 19 City and Ward limits. 
 
 along the center line of Union street and a line drawn 
 in continuation thereof to a point where said line in con- 
 tinuation of the center line of Union street intei*sects a 
 line drawn in continuation of the center line of Ninth 
 avenue ; thence along the line drawn in continuation of 
 the center line of Ninth avenue to the southerl}^ boun- 
 daiy of the Plaza ; thence easterly along the southerly- 
 boundary of the Plaza to the place of beginning, includ- 
 ing the southerly and westerly boundaries of Prospect 
 park as established by law. 
 
 Min. Common Ck)uncil, 1892, Vol. 2, p. 897. 
 
 § 24. The twenty-third ward of the City of Brooklyn shall 
 comprise the following district, namely : Beginning at a point 
 formed by the intersection of the middle lines of Atlantic 
 avenue and Franklin avenue, running thence in an easterly 
 direction along the middle line of Atlantic avenue to its 
 intersection with the middle line of Albany avenue ; thence 
 northery along the middle line of Albany avenue to its inter- 
 section with the middle line of Fulton avenue; thence 
 easterly along the middle line of Fulton avenue to its inter- 
 section with the middle line of Sumner avenue : thence 
 northerly along the middle line of Sumner avenue to its 
 intersection with the u iddleHneof Lafayette avenue ; thence 
 westerly along the middle Hne of Lafayette avenue to its 
 intersection with the middle line of Bedford avenue ; thence 
 southerly along the middle Hne of Bedford avenue to its 
 intersection with the middle line of Brevoort place : thence 
 westerly along the middle line of Brevoort place to Franklin 
 avenue ; thence southerly along the middle line of Franklin 
 avenue to the place or point of beginning. 
 
 By resolution of the Common Council passed July 11, 
 1892, the boundaries of the twenty-third ward were 
 constituted as follows : 
 
 Commencing at the intersection of Bedford and Lafay- 
 ette avenues, running thence easterly along the center line 
 of Lafayette avenue to the center line of Eeid avenue ; 
 thence southerly along the center line of Reid avenue to 
 the center line of Fulton street ; thence westerly along 
 the center line of Fulton street to the center of Utica 
 avenue : thence southerly along the center of Utica 
 avenue to the center of Atlantic avenue ; thence westerly 
 along the center of Atlantic avenue to the center of 
 Franklin avenue ; thence northerly along the center of 
 
City and Ward Limits. 20 
 
 Title I. 
 
 Franklin avenue to the center of Brevoort place ; thence 
 easterly along the center of Brevoort place to the center 
 of Bedford avenue ; thence northerly along the center of 
 Bedford avenue to the place of beginning. 
 Min. of Common Council, 1892, Vol. 2, p. 898. 
 
 § 25. The twenty-fourth ward of the City of Brooklyn 
 shall comprise the following district, namely : Beginning at a 
 point formed by the intersection of Franklin and Atlantic 
 avenues, running thence in a southerly direction along the 
 middle line of Franklin avenue to the city line ; thence in an 
 easterly du-ection along the city line to the middle line of 
 Atlantic avenue, and thence in a westerly direction along the 
 middle line of Atlantic avenue to the point or place of 
 beginning. 
 
 § 26. The twenty-fifth ward of the City of Brooklyn shall 
 comprise the following district, namely : Beginning at a point 
 formed by the intersection of the middle lines of Atlantic and 
 Albany avenues ; thence running easterly along the middle 
 line of Atlantic avenue to the former dividing line between 
 the City of Brooklyn and the late town of New Lots, now 
 twenty- sixth ward ; thence running northeasterly along the 
 said line to its intersection with the middle line of Broadway ; 
 thence running northwesterly along the middle line of Broad- 
 way to its intersection with the middle line of Lafayette 
 avenue ; thence westerly along the middle line of Lafayette 
 avenue to its intersection with the middle line of Sumner 
 avenue ; thence southerly along the middle line of Sumner 
 avenue to its intersection with the middle line of Fulton 
 street ; thence westerly along the middle line of Fulton street 
 to its intersection with the middle line of Albany avenue ; 
 thence southerly along the middle line of Albany avenue to 
 the point or place of beginning. 
 
 By resolution of the Common Council passed July 11, 
 1892, the boundaries of the twenty-fifth ward were con- 
 stituted as follows : 
 
 Commencing at the center line of Keid and Lafayette 
 avenues ; thence southerly along the center of Eeid 
 avenue to the center of Fulton street ; thence westerly 
 along the center of Fulton street to the center of Utica 
 avenue ; thence southerly along the center of Utica 
 
Title I. 
 
 21 City and Ward Limits. 
 
 avenue to the center of Atlantic avenue ; thence easterly 
 along the center of Atlantic avenue to the former bound- 
 ary line between the City of Brooklyn and the town of 
 New Lots ; thence northerly along said boundary line to 
 the center line of Broadway ; thence along the center of 
 Broadway to the center of Lafayette avenue ; thence 
 westerly along the center of Lafayette avenue to the 
 place of beginning. 
 
 Min. Common Council, 1892, Vol. 2, p. 898. 
 
 § 27. The twenty-sixth ward of the City of Brooklyn shall 
 comprise the following district, namely : All that portion of 
 the County of Kings formerly known as the town of New 
 Lots. 
 
 § 28. The twenty-seventh ward of said city shall comprise 
 the following district, namely : Beginning at the center of 
 the intersection of Broadway and Kosciusko street ; thence 
 running in a northeasterly direction along the center of 
 Kosciusko street to the intersection of Bush wick avenue and 
 Kosciusko street ; thence running in a northwesterly direc- 
 tion along Bush wick avenue to the intersection of Bushwick 
 avenue and Stockholm street ; thence in a northeasterly di- 
 rection along the center of Stolkholm street to the intersec- 
 tion of the line of the County of Queens : thence northerly 
 or nearly so along the line of the County of Queens to the 
 center of Flushing avenue at its intersection with the said 
 line of the County of Queens ; thence southwesterly and 
 westerly along the center of Flushing avenue to the center 
 of the intersection of Broadway ; thence southwesterly along 
 the center of Broadway to the point or place of beginning. 
 
 Ch. 57, Laws of 1892. 
 
 § 29. The twenty-eightn ward of the said city shall com- 
 prise the following district, namely: Beginning at the 
 center of the intersection of Broadway and Kosciusko street; 
 thence running in a northeasterly direction along the center 
 of Kosciusko street to the intersection of Bushwick avenue 
 and Kosciusko street ; thence running in a northwesterly 
 direction along the center of Bushwick avenue to the inter- 
 section of Bushwick avenue and Stockholm street ; thence 
 in a northeasterly direction along the center of Stockholm 
 street to the intersection of the line of the County of 
 
€ity and Ward Limits. 22 
 
 Title I. 
 
 Queens ; thence in a southerly direction along the line of the 
 County of Queens to the westerly line of the twenty sixth 
 ward, formerly the town of New Lots ; thence southwesterly 
 along the said line to the intersection of the center of Broad- 
 way ; thence northwesterly along the center of Broadway to 
 the place of beginning. 
 
 Ch. 57, Laws of 1892. 
 
 § 30. The said wards shall be considered and are hereby 
 declared to be towns of the County of Kings. 
 Ch. 57, Laws of 1892. 
 
 The twenty -ninth ward of said city comprises all that 
 territory within the limits of the town of Flatbush in 
 the Count}^ of Kings as the same was constituted on the 
 twenty-fifth day of April, one thousand eight hundred 
 and ninety four. 
 
 Ch. 356, Laws of 1894. 
 
 The thirtieth w^ard of said city comprises all that ter- 
 ritoi-y within the limits of the town of New Utrecht in 
 the County of Kings as the same was constituted on the 
 the third day of May, one thousand eight hundred and 
 ninety-four. 
 
 Ch. 451, Laws of 1894. 
 
 The thirty-first ward of said city comprises all that 
 territory within the limits of the town of Gravesend in 
 the County of Kings as the same was constituted on the 
 third day of May, one thousand eight hundred and 
 ninetv-four. 
 
 Ch. 449, Laws of 1894. 
 
 The thirty ward of said city comprises all that 
 
 territory within the limits of the town of Flatlands in 
 the County of Kings as the same was constituted on 
 the third day of May, one thousand eight hundred and 
 ninety-four. 
 
 Ch. 450, Laws of 1894. 
 
 (This act does not take effect until the first day of 
 January, one thousand eight hundred and ninety-six.) 
 
TITLE II. 
 
 LEGISLATIVE DEPARTMENT. 
 
 Section 1. The legislative power of said corporation shall 
 be vested in a' board of aldermen, who shall be called the 
 common council. 
 
 COMMON COUNCIL. 
 § 2. The City of Brooklyn is divided into three aldermanic 
 districts known as the first, second and third aldermanic dis - 
 tricts respectively. The first aldermanic district consists of 
 the first, second, fifth, sixth, eighth, tenth, twelfth and 
 twenty second wards of the said City of Brooklyn. The sec- 
 ond aldermanic district consists of the third, fourth, seventh, 
 eleventh, thirteenth, nineteenth, twentieth, twenty-first and 
 twenty-thii'd wards of the said City of Brooklyn. The third 
 aldermanic district consists of the ninth, fourteenth, fifteenth, 
 sixteenth, seventeenth, eighteenth, twenty -fourth, twenty- 
 fifth, twenty-sixth, twenty -seventh and twenty-eighth wards 
 of the said City of Brooklyn. 
 Ch. 57, Laws of 1892. 
 
 The twenty-ninth ward (late town of Flatbush) is 
 placed in the third aldermanic district by Chap. 356 of 
 the Laws of 1894. 
 
 The thirtieth ward (late town of New Utrecht) is 
 placed in the first aldermanic district bv Chap. 451 of 
 the Laws of 1894. 
 
 The thirty-first ward (late town of Gravesend) is 
 placed in the third aldermanic district by Chap, 449 of 
 the Laws of 1894. 
 
 The ward (late town of Flatlands) is placed in 
 
 the third aldermanic district by Chaj). 450 of the Laws 
 of 1894. 
 
 (This act does not take effect until Januaiy 1, 1896.) 
 
 § 3. The common council of the said City of Brooklyn con- 
 sists of the board of aldermen now in office. At the general 
 state election, held in the year eighteen hundred and eighty- 
 nine and every two years thereafter, at the general state 
 election four aldermen shall be elected from each aldermanic 
 district, as hereinbefore described and constituted, and seven 
 
Legislative Department. 24 
 
 Title II. 
 
 aldermen shall be elected at-large from the entire city at the 
 same time, and the aldermen so elected from time to time shall 
 constitute the common council. The said members of the 
 common council shall hold office for two years from the first 
 day of Januai-y, at twelve o'clock, noon, next succeeding 
 their election. The board of estimate of the City of Brook- 
 lyn is hereby empowered and directed forthwith to meet 
 and to determine by a majority vote thereof whether the 
 aldermen in office at the time of the passage of this act and 
 their respective successors, from time to time, shall receive 
 an annual salary, and if the board shall so determine, then 
 the said board of estimate by a majority vote of its members 
 shall fix and determine the amount of said salary. Any 
 money requu-ed to pay the salaries of the said aldermen until 
 the first day of January, eighteen hundred and ninety-three, 
 shall be paid out of the revenue fund. All vacancies which 
 may occur in said common council by reason of the death, 
 resignation or removal of a member, or otherwise, shall be 
 filled for the unexpired term by the election of the said com- 
 mon council, to be determined by a majority of all the mem- 
 bers elected thereto. 
 
 Ch. 817, Laws of 1892. 
 
 § 4. Every alderman shall, at the time of his election, be 
 an elector of said city, and shall have been a citizen of the 
 United States and a resident of the city for at least three 
 years immediately previous thereto. No alderman shall, dur- 
 ing the term for which he is elected, hold any other public 
 office, except that of notary public, or commissioner of deeds. 
 If any alderman, elected imder the provisions of this act, 
 shall be appointed or elected to and accept such public office, 
 or remove out of the district in which he shall have been 
 elected after his election, or during his term of office as such 
 alderman, his office as such alderman shall immediately be- 
 come vacant. 
 
 ^ 5. The members of the common council shall, unless 
 removed for cause, hold office until their places are supplied 
 by the election of new members, who shall have qualified in 
 the manner provided by this act. They may also resign 
 theu' respective offices at any time, by filing written notices 
 
Title II. 
 
 25 Legislative Department. 
 
 thereof with the city clerk and publishing a copy of such 
 notice in the corporation newspapers. 
 
 § 6. The common council shall appoint a clerk, who shall 
 perform such duties as may be prescribed for him. The 
 clerk so appointed shall also be the city clerk, and hold his 
 office for two years, unless removed for cause and by consent 
 of the common council. The city clerk shall have charge of 
 all the papers and documents of the city, except such as are 
 by law committed to the keeping of the several departments, 
 or of other officers, countersign all licenses granted by the 
 mayor, and keep the record of the proceedings of the com- 
 mon council. He shall perform such duties as are required 
 of the clerks of the several towns of this state not inconsist- 
 ent with this Act. He shall engross all the ordinances of 
 the common council, in a book to be provided for that pur- 
 pose, with proper indices, which book shall be deemed a 
 public record of such ordinances, and each ordinance shall 
 be signed by the mayor, or acting mayor, and said clerk. 
 Copies of all papers duly filed in his office, and transcripts 
 thereof, and of the records of proceedings of the common 
 council, and copies of the laws or ordinances of the said city, 
 certified by him under the corporate seal, shall be evidence 
 in all courts and places of the matters therein contained. 
 He shall also receive and pay over to the treasurer all moneys 
 which by any law or usage are paid to the clerk of the 
 city, and make return thereof, under oath, to the comptroller. 
 
 § 7. A majority of aldermen elected shall constitute a 
 quorum, but a smaller number may adjourn from time to 
 time, and compel the attendance of absent members. 
 
 § 8. The common council shall, annually, elect a president 
 from its own body, and in his absence, a president for the 
 time being, choose officers, appoint the times and places of 
 the meetings, determine the rules of its proceedings, be the 
 sole judge of the qualifications, elections, and returns of its 
 members, keep a journal of its proceedings, and may punish 
 or expel a member for disorderly conduct, or a violation of 
 its rules, or declare his seat vacated by reason of absence, 
 provided such absence be continued for the space of two 
 
Legislative Department. 26 
 
 Title II. 
 
 months. But no expulsion shall take place, except by the 
 vote of two-thirds of all the members elected, nor until the 
 delinquent member shall have had an opportunity to be 
 heard in his defense. 
 
 ^ 9. Every ordinance or resolution of the common council, 
 shall, before it takes efifect, be presented, duly certified, to 
 the mayor, and the approval of the minutes of the said 
 board, shall be conclusive evidence that the said ordinance 
 or resolution has been so presented to the mayor. If he 
 approves of it, he shall sign it, if not, he shall return it 
 with his objections, and file it with the clerk within ten 
 days after he receives it : the said board shall, at its first 
 regular meeting thereafter, enter the objections at length in 
 its journal, and cause said objections to be published in the 
 corporation newspapers, after which publication it shall pro- 
 ceed to reconsider the same, and if two-thirds of all the 
 members elected shall then agree to pass the same, it shall 
 take eftect as a law : but in ever}^ such case the votes shall 
 be taken by ayes and nays, and entered on the journal. And 
 if such ordinance or resolution shall not be returned by the 
 mayor within ten days after he has received it, it shall be- 
 come a law in like manner as if he had signed it. But no 
 such ordinance or resolution shall take effect, in any sense, 
 until the day following the next regular meeting of the 
 board except by the unanimous consent of the board, in 
 which case it sh all take effect upon being approved by the 
 mayor ; and no debt or obligation of any kind shall be 
 created by said common council against said city, except by 
 ordinance or resolution of said common council specifying 
 the amount and object of such expenditure. 
 
 § 10. The common council shall, at least once in each year, 
 not less than twenty days before the annual election, cause to 
 be printed in pamphlet form, a f uil statement of all the re- 
 ceipts and expenditures of every description for the fiscal 
 year ending on the thirty-first day of December preceding 
 such statement, including all the moneys which have passed 
 through the hands of the treasurer for any purpose whatever, 
 together with the different sources of city revenue, the amount 
 received from each, the several appropriations made by the 
 
Title II. 
 
 27 Legislative Department. 
 
 common council, the objects for which the same were made 
 and the sums expended for each ; also any monej- boiTowed 
 upon t'le credit of the city, whether by temporary loans or 
 by the issue of bonds, the terms upon which it was obtained, 
 the authority under which it was borrowed, and the purpose 
 to which it was applied, and how much of the same or other 
 city indebtedness has been paid and by what means ; a copy 
 of which statement shall be supplied to every citizen making 
 application therefor. The statement shall also include a de- 
 tailed account of city property, personal and real, its value, 
 and if rented, to whom and on what terms, of existing debts 
 of every description, and shall exhibit the condition of the 
 sinking fund, with all such other information as may be nec- 
 essary for a full understanding of the financial concerns of 
 the city, distinguishing therein the indebtedness and property 
 of the former cities of Brooklyn and William sburgh and 
 towns of Bushwick and New Lots. 
 
 § 11. The common council shall hold stated weekly meet- 
 ings commencing on the first Monday of January in each 
 year, unless the said first Monday happen on the first day 
 of the year, in which case such stated meetings shall com- 
 mence on the second Monday of January ; but the Mayor, or 
 in his absence any three aldermen, may call special meetings 
 of the board of aldermen, hy notice to each alderman served 
 upon him personally or left at his usual place of residence. 
 The common council may, at any regular meeting by resolu- 
 tion, order a special meeting, and such resolution shall not 
 require the approval of the mayor. 
 
 § 12. The common council shall have power within said 
 city to make, establish, publish and modify, amend or repeal 
 ordinances, rules, regulations and by-laws not inconsistent 
 with this act or with the constitution or laws of the United 
 States, or of this state, for the following purposes : 
 
 1. To order and direct the levy and collection of assess- 
 ments and to manage its property and finances, subject, 
 however, to the powers and duties herein prescribed in 
 respect to the several departments created b}' this act. 
 
 2. To supervise the affairs of all the departments and 
 officers herein named, and to examine into any charges pre- 
 
Legislative Department. 28 
 
 Title n. 
 
 ferred against any officer, clerk or agent of the city and into 
 the affairs of any corporation, department or board in which 
 the city may be interested, and for this pm*pose they shall 
 have access to all the records thereto pertaining, and have 
 the power to send for persons, books or papers, to administer 
 oaths and to examine witnesses. 
 
 3. To regulate all matters connected with the public 
 wharves and all business conducted thereon, and with aU 
 parks, places and streets of the city. 
 
 4. To regulate or prohibit swimming or bathing in the 
 waters of or bounding the city, and to establish and maintain 
 in the city one or more public baths, as they may deem 
 necessary, and to establish suitable rules and regulations for 
 the management of the same. 
 
 5. To prohibit and abate nuisances and assess the expenses 
 of such abatement upon the city or upon the property affected 
 thereby. 
 
 6. To regulate the burial of the dead. 
 
 7. To enlarge the fire district and to prohibit and regulate 
 the storage or sale of materials which, in their judgment, are 
 dangerous. Provided, however, that no extension of the fire 
 district shall be of force and effect until the common council 
 have given thirty days' notice of their intention to make such 
 extension by pubHcation thereof in the corporation news- 
 papers in said city, and until the resolution of the board of 
 aldermen providing for such extension shall have been duly 
 approved by the mayor, and a copy thereof, as approved and 
 certified by the clerk to the common council, shall have been 
 pubhshed for thirty days successively in said corporation 
 newspapers. 
 
 8. To prohibit or regulate and license all places of public 
 amusement. 
 
 9. To regulate weights and measures and to appoint city 
 siu'veyors. 
 
 10. To regulate and license common carriers, carriers of 
 passengers, criers, hawkers, peddlers, pawnbrokers, junk 
 dealers, public cartmen, truckmen, hackmen, cabmen, ex- 
 pressmen, dealers in coal, firewood, hay and straw, auction- 
 eers, keepers of intelligence offices, keepers of billiard saloons. 
 
Title II. 
 
 29 Legislative Department. 
 
 bowling alleys, shooting galleries, exhibitions, menageries, 
 cii'cuses, common shows and dogs. The common council 
 shall also fix an annual license fee, not exceeding the sum of 
 twenty dollars, for each street or horse car daily operated or 
 used in said city. Every raiboad company operating or 
 using such cars shall, on or before the first day of June in 
 each year, certify to the city clerk the average number of 
 cars daUy operated and used by said company, which certifi- 
 cate shall be verified by the oath of one of the managing 
 officers of said company, and every such railroad company 
 shall, on or before the first day of July in each year, pay to 
 the treasurer of said city the license fee so established for 
 the average number of cars so operated and used by said 
 company. Said license fees shall be taken in full satisfaction 
 for the use of the streets or avenues, but the same shall not 
 relieve said companies from any obligations required by law 
 to keep such streets and avenues or any part thereof in 
 repair. 
 
 11. To establish, license and regulate public and private 
 markets, and to license, regulate or prohibit slaughter 
 houses and any noxious traffic or business. 
 
 12. To prohibit disorderly conduct, and the keeping of 
 disorderly houses, to restrain and punish vagrants, mendi- 
 cants, street beggars, and common prostitutes, and to pre- 
 scribes penalties for disobedience of this act and of all ordin- 
 ances. 
 
 13. To direct the digging down, draining or filling up of 
 lots or parcels of ground, in all cases in which, by a vote of 
 two-thirds, they shall decide such digging down, draining or 
 filling up to be necessary, for preventing any damage or in- 
 jury to the streets, sidewalks, crosswalks, or to the adjoining 
 property, or for abating a nuisance, which said work shall be 
 done at the expense of the owners thereof ; to direct the 
 fencing in or inclosing of vacant lands adjoining any street, 
 and the building and maintaining of sufficient brick or stone 
 walls between any lot or piece of land, and any street or 
 avenue adjoining the land, or between any lots where the 
 same shall be required in the opinion of the said common 
 council by reason of either of said lots not being on the 
 grade of the street upon which either of the same may front. 
 
legislative Department. 30 
 
 Title II. 
 
 to protect the lot or lots upon the grade of said street or 
 to protect said street, and to require such wall to be built 
 upon any lot or piece of land which shall not so conform to 
 the grade, at the expense of the owner or owners thereof, 
 and to assess and to collect the expenses of the work aforesaid, 
 in the same manner as for regulating, grading and paving 
 streets, but before any ordinance shall be passed for any of 
 the purposes in this subdivision mentioned, ten days' notice 
 of the application for, or the intention to pass such ordinance 
 shall be given to every person to be affected thereby, either 
 personally, or by publication in the corporation newspapers. 
 
 14. To do all other acts necessary to carry into effect the 
 provisions of this act, or of such other acts as relate to the 
 City of Brooklyn. 
 
 15. To cause sidewalks to be improved by the laying of 
 flagstones thereon, or such other material as they may deem 
 expedient for the purpose of making a good footpath, and to 
 cause the expense thereof to be assessed upon the adjoining 
 lots, and to be levied and collected in the same manner as 
 other local improvements : also to repair the same or put 
 sidewalks in a safe condition and to lay crosswalks and set 
 and reset old curb and gutter stones. The expense for such 
 repairs and laying of crosswalks shall be a charge upon the 
 ward in which such improvements are made, and for the pur- 
 pose of defraying such expenses the board of estimate are 
 hereby directed to include in each year in their annual esti- 
 mate and } eport of the amount necessary to be raised for city 
 purposes in said city such an amount for each ward as they 
 may deem sufficient to meet such expenses. No petition for 
 any of the improvements in this subdivision mentioned, shall 
 be necessary ; but no assessment shall be laid which shall 
 exceed one-half of the actual value of the lot to be assessed. 
 
 Subdivision 15 added by Chap. 371, Laws of 1889. 
 §' 13. The common council shall also have power to make, 
 establish, alter, modify, amend and repeal all such other or- 
 dinances, rules, police, health, excise, fire and building regu- 
 lations, and by-laws not contrary to the laws of the State or 
 of the United States, as they may deem necessary to carry 
 into effect the powers conferred on it by this act, or by any 
 other law of the State, and such as they may deem necessary 
 
Title II. 
 
 31 Legislative Department, 
 
 and proper for the good government, order and protection of 
 persons and property, and for the preservation of public 
 health, peace and prosperity of said city and its inhabitants. 
 
 § 14. In every by-law, ordinance or regulation which the 
 said common council may pass, it shall impose a penalty for 
 the violation or non-performance thereof, provided that any 
 general penalty heretofore or hereafter imposed by ordinance 
 of the said common council for the violation or non-perform- 
 ance of any ordinance wherein no specific penalty is imposed, 
 shall be held to fulfill the requirements of this section. Or- 
 dinances heretofore or hereafter adopted may provide that 
 a deposit may be required upon the issue of any permit, and 
 that the head of the department whence the permit issues 
 in case of any violation of the terms thereof, may apply such 
 deposit or any part thereof necessary to save the city from 
 loss of expense on account of such violation. 
 Ch. 703, Laws of 1893. 
 
 § 15. Suits may be prosecuted in the corporate name of 
 the city against any person or persons who sBall violate any 
 provisions of any law, ordinance or regulation of the common 
 council of said city, or who shall neglect or refuse to per- 
 form any act or duty thereby required of him or them ; and 
 in every such action it shall be sufficient to state in the com- 
 plaint, the by-laws, ordinance or regulation, and the section 
 thereof, upon which such action is brought : and proceedings 
 for any violations of the ordinances of the city imposing a 
 penalty, may be commenced by warrant for the arrest of the 
 offender, as well as by summons, to be issued by any magis- 
 trate or court having jurisdiction in the case, before whom 
 complaint shall be made, under oath, and every police justice 
 and justice of the peace in said city shall have jurisdiction in 
 all such cases. 
 
 § 16. Every general ordinance, by-law, rule or regulation 
 which may be passed by the common council, imposing a 
 penalty, shall after the passage thereof, and before the same 
 shall take effect, be published for ten days successively in the 
 corporation newspapers. Proof of such publication, by the 
 affidavit of the printer or publisher of such newspaper or 
 papers, taken before any officer authorized to administer 
 
Legislative Department. 32 
 
 Title n. 
 
 oaths, filed in the ofi&ce of the city clerk, or a copy thereof 
 certified by said city clerk, shall be deemed conclusive evi- 
 dence thereof in aU courts and places, but such publication 
 may be proved by any other competent evidence. 
 
 § 17. The common council shall designate four daily news- 
 papers (one of which shall be printed and pubUshed in the 
 eastern district of said city, and one of which shall be pub- 
 lished in the German language, having the largest actual 
 average daily circulation therein), in which shall be pub- 
 lished all the ordinances, resolutions, notices, tax and assess- 
 ment sales, and all other proceedings which by this act or 
 any other act are, or may be required to be pubHshed affect- 
 ing said city, provided that the aggregate expenditure shall 
 not exceed sixty thousand dollars per annum, exclusive of 
 tax and assessment sales, which shall be published by said 
 papers, at rates to be fixed by the common council ; and fur- 
 ther provided that such papers as have been heretofore des- 
 ignated as corporation newspapers shall continue to act as 
 such until the common council shall by a two-thirds vote of 
 all the members elect, designate other papers in place' of 
 them or either of them. 
 
 Chap. 49 of the Laws of 1888 has the effect of repeal- 
 ing this section, and said act as amended by Chap. 87 
 of the Laws of 1890, is as follows : 
 
 § 18. The common council shall designate four daily 
 newspapers published in the City of Brooklyn (one of 
 which shall be printed and published in the eastern dis- 
 trict of said city and one of which shall be published in 
 the German language) having the largest actual average 
 daily circulation therein, in which shall be published all 
 the ordinances, resolutions, notices, tax and assessment 
 sales and all other proceedings which by this act or any 
 other act are or may be required to be published affect- 
 ing said city, provided that the aggregate expenditures 
 for publication in such four newspapers shall be seventy 
 thousand dollars per annum : sixty thousand dollars to 
 be paid in equal parts to the three papers printed in the 
 English language and ten thousand doUars to the paper 
 printed in the German language, exclusive of tax and 
 assessment sales, which shall be published by said papers 
 at rates to be fixed by the common council ; and further 
 provided that such papers as have been heretofore des- 
 
Title n. 
 
 33 Legislative Department. 
 
 ignated as corporation newspapers shall continue to act as 
 such untn the common council shall by a two-third vote 
 of all the members elect designate other papers in place 
 of them, or either of them. The members of the com- 
 mon council chosen by the poUticsil party therein in the 
 minority shall also designate a newspaper published in 
 the EngHsh language and having the largest average 
 daily circulation of newspapers published in said city, 
 and not designated as hereinbefore provided, in which 
 shall be made the same and all publications as is herein- 
 before provided to be made in four newspapers, and 
 compensation shall be made therefor at the same rate 
 as is made as hereinbefore provided for publication in 
 each of the other three newspapers published in the 
 English language. Such designation by such minority 
 members shall be made and may from time to time be 
 changed by a majority of such minority members by 
 filing certificates of such designation or change in the 
 office of the clerk of the city. Hereafter no newspaper 
 shall be designated as a corporation newspaper that 
 has not been pubUshed as a daily paper in said City of 
 Brooklyn for at least two years before being so designated. 
 Ch. 87, Laws of 1890. 
 
 BOARD OF ESTIMATE. 
 
 ? 18. The commissioners of the sinking fund of the 
 City of Brooklyn, together with the supervisor-at-large and 
 the treasurer of the County of Kings, shall be a boai'd of 
 estimate, who shall, in each year, estimate the amount re- 
 quired to be raised by law, for all city and county purposes, 
 including the moneys raised for the board of education and 
 the commissioners of charities for the fiscal year next suc- 
 ceeding : they shall state separately what will be required 
 for city and county purposes, respectively. The amount so 
 raised in said city for city and county purposes shall not ex- 
 ceed two cents per dollar upon an amount equal to the aggre- 
 gate of the assessed value of the property in said city for the 
 previous year, and no greater amount shall be raised in said 
 city by tax for such purposes ; but nothing herein contained 
 shall prevent the raising by tax of any further moneys which 
 shall be requu-ed to pay the principal and interest of the city 
 and county debt hereafter to become due. The city and 
 county departments and officers, including the park commis- 
 
Legislative Department. 34 
 
 Title II. 
 
 sioners and the commissioners of chai-ities and the board of 
 supervisors of Kings County, shall, on or before the fifteenth 
 day of May in each year, transmit to the said board of esti- 
 mate a statement in detail of the several amounts which in 
 their judgment, will be required for the use of the said board 
 of supervisors, the said department, officers and commission- 
 ers, respectively. The said board of estimate shall revise 
 such statements and fix a certain amount to be raised for the 
 use of the said board of supervisors : and each of the said 
 several depai-tments, officers and the said commissioners re- 
 spectively, for the year next ensuing. The said board of esti- 
 mate shall include each year in their annual estimate and 
 report of the amount necessary to be raised for city purposes 
 in said city, such amount, not exceeding one hundred thou- 
 sand dollars, as they may deem necessary, to be used as a 
 fund for the making of local Improvements, except flagging 
 or reflagging sidewalks and fencing vacant lots. And such 
 further amount, not exceeding fifty thousand dollars, as they 
 may deem necessary, to be used as a fund applicable to con- 
 tracts for flagging or reflagging sidewalks, fencing vacant 
 lots, digging down, draining or filling up lots or parcels of 
 land, and such amounts included in the annual tax levy of 
 said city for the purpose aforesaid, shall form a part of the 
 assessment fund, but shall be used for the local improvements 
 designated respectively and no other. The said board of 
 estimate shall annually, on or before the first Monday in 
 July, present to the common council of the Cit}^ of Brooklyn 
 theii' estimate of the amount t j be raised for city purposes, 
 and the said common council shall thereupon deteimine what 
 sums shall be necessary for the year commencing the first 
 day of January thereafter : they may, by a majority vote of 
 all the members elected, reduce the said several amounts 
 fixed by the said board of estimate for the said several city 
 departments, officers and commissioners, including the board 
 of education, but they shall not increase the said amounts ; 
 and there shall be no further action taken on the said esti- 
 mates by the common council after the first Tuesday in 
 October ; the city clerk shall thereupon substitute, in eack 
 case where a reduction has been made by the common coun- 
 
Title n. 
 
 35 Legislative Department. 
 
 cil, the amount as reduced in place of that fixed by the board 
 of estimate, and shall, on or before the second Monday in 
 October, certify to the board of supervisors of Kings County 
 the said several amounts as they then stand, giving also the 
 aggregate amount thereof, and the said aggregate anaount 
 shall be raised for city purposes in the annual tax levy next 
 following. 
 
 See Sec, 29 of this title. 
 
 The board of estimate authorized to provide for sup- 
 port of destitute mothers and infants. 
 Chap. 472, Laws of 1888. 
 
 The board of estimate authorized to provide for sup- 
 ix)rt of the ruptured and crippled. 
 Chap. 179, Laws of 1891. 
 
 The board of estimate authorized to fix salaries of 
 certain officers, subordinates and employees. 
 Chap. 486, Laws of 1892. 
 
 The board of estimate authorized to include in annual 
 statement amounts prescribed by law to be raised and 
 paid to charitable institutions, &c. 
 
 Also to appropriate excise moneys to certan benevo- 
 lent institutions. 
 
 Cbap. 221, Laws of 1875. 
 
 The board of estimate authorized to provide for the 
 celebration of memoriiil day. 
 Chap. 429, Laws of 1894. 
 
 The board of estimate authorized to fix salaries of 
 certain officers. 
 
 Chap. 446, Laws of 1892. 
 
 The board of estimate to prescribe maximum amount 
 to be annuallv expended for expenses of board of excise. 
 Cnap. 401,'Laws of 1892, Sec. 8. 
 
 19. The common council shall have no power to remit 
 fines for penalties incurred in violation of ordinances or for^ 
 feitures for non-fulfillment of contracts for work done incases 
 where local assessments may be laid. 
 
 ? 20. It shaU be the duty of the mayor, comptroller and 
 common council to include in their statements and estimates 
 provided for by section eighteen of this title, the sum of four 
 thousand dollars to be paid to the City Hospital ; the sum of 
 four thousand doUais to be paid to the Long Island College 
 Hospital : the sum of four thousand doUars to be paid to the 
 
Legislative Department. 3G 
 
 Title 11. 
 
 Brooklyn Homoeopatliic Hospital : the sum of fifteen liundi*ed 
 dollars to be paid to the Brookl^'n Central Dispensary ; the 
 sum of fifteen hundred dollars to be paid to the Brooklyn City 
 Dispensary ; the sum of fifteen hundred dollars to be paid to 
 the Brooklyn Eclectic Dispensary- : the sum of fifteen hundred 
 dollars to be paid to the Brooklyn Homoeopathic Dispensary : 
 the sum of two thousand dollars to be paid to the Williams- 
 burgh Dispensary : the sum of fifteen hundred dollars to be. 
 paid to the Long Island College Dispensary ; the sum of fif- 
 teen hundred dollars to be paid to the Gates Avenue Homoeo- 
 pathic Dispensary : the sum of twenty-five hundred dollars to 
 be paid to the Brooklyn Nursery : the sum of fifteen hundred 
 dollars to be paid to the Williamsburgh Homoeopathic Dis- 
 pensary : the sum of twenty-five hundred dollars to bo paid to 
 the Brooklyn Lying-in Asylum ; the sum of fifteen hundred 
 dollars to be paid to the Eye and Ear Hospital of the City of 
 Brooklyn : the sum of one thousand dollars to be paid to the 
 Southern Dispensary and Hospital ; the sum of fifteen hun- 
 dred dollars to be paid to the Orthopedic Dispensary : the sum 
 of four thousand dollars to be paid to the Saint Peter's Hos- 
 pital : the sum of fifteen hundred dollars to be paid to the 
 Saint Peter's Dispensary : the sum of fifteen hundred dollars 
 to be paid to the Atlantic Avenue Dispensary ; the sum of one 
 thousand dollars to be paid to the Saint Mary's Dispensary ; 
 the sum of fifteen hundred dollars to be paid to the Brooklyn 
 Diet Dispensary : the sum of fifteen hundred dollars to be paid 
 to the Saint Catharine's Dispensary: the sum of four thousand 
 dollars to be paid to the Saint Catharine's Hospital ; the sum 
 ©f one thousand dollars to be paid to the Helping Hand of 
 Brooklyn ; the sum of one thousand dollars to be paid to the 
 Sheltering Arms Nursery of Brooklyn ; the sum of four thou- 
 sand dollars to be paid to the Brooklyn Home for Consump- 
 tives ; the sum of four thousand dollars to be paid to the 
 Memorial Hospital ; the sum of four thousand dollars to be 
 paid to the Saint Mary's Hospital of the City of Brooklyn ; the 
 sum of fifteen hundred dollars to be paid to the Central 
 Homoeopathic Dispensary : the sum of fifteen hundred dollars 
 to be paid to the Memorial Dispensary ; the sum of fifteen 
 hundred dollars to be paid to the Bush wick and East 
 Brooklyn Dispensary^ : tte sum of fifteen hue di'ed dollars to 
 
Title II. 
 
 37 Legislative Department 
 
 be paid to the dispensary of the College of Phj'sicians and 
 Surgeons of Saint Mary's Hospital of the City of Brooklyn ; 
 the sum of four thousand dollars to be paid to the Methodist 
 Episcopal Hospital of the City of Brooklyn : the sum of fifteen 
 hundred dollars to be paid to the Lucretia Mott Dispensary 
 and Infirmary : and the sum of two thousand dollars to be 
 paid to the Saint Mary's Female Hospital : and the sum of 
 fifteen hundred dollars to be paid to the Lutheran Hospital 
 Association of the City of New York and vicinity ; the sum of 
 fifteen hundred dollars to be paid to the Brooklyn Throat 
 Hospital : the sum of fifteen hundred dollars to be paid to the 
 Bedford Dispensary ; and the sum of two thousand dollars to 
 be paid to the Saint Martha's Sanitarium and Dispensary ; and 
 the sum of three thousand dollars to be paid to the Central 
 Throat Hospital and Polyclinic Dispensary ; and the sum of 
 four thousand dollars to be paid to the Long Island Throat 
 and Lung Hospital and Peoples' Dispensary Association : the 
 sum of four thousand dollars to be paid to the Norwegian 
 Lutheran Deaconesses Home and Hospital : the sum of two 
 thousand dollars to be paid to the Brooklyn Home for Aged 
 Colored People ; such several sums of money to be paid to the 
 several institutions in consideration of their contracting to 
 render and rendering medical and surgical aid and treatment 
 to the poor of the City of Brooklyn, who may apply to them 
 therefor ; such contract to be in writing, executed on behalf 
 of the city by the said mayor and comptroller, and also by the 
 executive officers of said associations respectively, and to be 
 approved by the counsel to the corporation of said city, and 
 to be filed annually on or before the thirty -first day of May^ 
 in the office of the clerk of said city. 
 Chap. 181, Laws of 1894. 
 
 Chap. 445, of the laws of 1894, supplements the provi- 
 sions of this section as follows : 
 
 Section 1. It shall be the duty of the mayor, comptroller 
 and common council of the City of Brooklyn to include 
 in their statements and estimates provided by section 
 eighteen of title two of chapter five hundred and eighty- 
 three of the laws of eighteen hundred and eighty-eight, 
 entitled : " An act to revise and combine in a single act 
 all existing special and local laws affecting public interests 
 in the City of Brooklyn," and the acts amendatory thereof 
 
legplslative Department. 38 
 
 Title II. 
 
 the sum of three thousand dollars to be paid to Saint 
 Mary's Maternity and Infants' Home ; the sum of two 
 thousand dollars to be paid to the Memorial Training 
 School for Nurses : the sum of twenty-five hundred dol- 
 lars to be paid to the Brooklyn Throat Hospital in addi- 
 tion to the sum of fifteen hundred dollars now provided 
 b}^ law : and the sum of two thousand dollars to be paid 
 to Saint Martha's Sanitarium, in addition to the sum of 
 two thousand dollars now provided by law ; four thou- 
 sand dollars to be paid to the Church Charity Founda- 
 tion of Long Island for its hospital : and the sum of 
 twenty-five hundred dollars to be paid to the House of 
 Saint Giles the Cripple : the said sum of money to be 
 paid to said institutions respectively in consideration of 
 their contracting? to render and rendering medical and 
 surgical aid and treatment to the poor of the City of 
 Brooklyn who may apply to them respectively therefor ; 
 such contract to be in writing, executed on behalf of the 
 city by the said mayor and comptroller, and also by the 
 executive officers of said institutions respectively, and to 
 be approved by the counsel to the corporation of said 
 city, and to be filed annually on or before the first day of 
 May, in the office of the clerk of said city. 
 
 § 21. The common council shall have power to alter and 
 change the names of all the avenues, streets, places, alleys, 
 lanes and public ways in the City of Brooklyn ; and the rec- 
 ord of the action of the common council in respect thereto 
 shall be filed in the office of the city clerk, and shall be bind- 
 ing on all persons in respect to the matters thereby appearing. 
 
 § 22. The common council shall have power to appoint such 
 interpreters as may be necessary in the courts of justices of 
 the peace and police justices in said city ; fix their salaries, 
 prescribe their duties, fill all vacancies and remove any per- 
 son so appointed, for cause, at any time. And such appoint- 
 ments may be made upon the requisition or recommendation 
 of said justices. The common council shall have power to 
 change and fix and regulate the salaries of the following offi- 
 cers of said city, namely : the mayor, the comptroller, the 
 auditor, the treasurer, the collector, the assessors, except the 
 president, and the attorney and counsel of the corporation, 
 and to fix and regulate the salaries of the several officers of 
 said city, except such as are established by law, and excepting 
 also the salaries of the subordinates in the several depart- 
 
Title II. 
 
 39 Legislative Department- 
 
 ments of said city. The salaiies severally applicable to each 
 head of a department, commissioner, assessor or justice hold- 
 ing office for a specified term shall not be changed during the 
 term of office of the person at the time being the head of a 
 department, commissioner, assessor or justice, nor during the 
 time intervening between the general election and the first 
 day of January following ; and provided further that this 
 section shall not apply to the following named officers and 
 subordinates in the department of police, namely ; the super- 
 intendent of pohce, the inspectors of police, the captains of 
 police, the sergeants of police, the roundsmen of police, the 
 detectives of police, the patrolmen, the police surgeons, the 
 doormen, the fire marshal ; nor to the firemen, engineers and 
 drivers employed in the department of fire. 
 
 See Chap. 446, Laws of 1892, as to salaries. 
 
 Salaries of excise commissioners to be fixed by com- 
 mon council. 
 Chap. 401, L. 1892, Sec. 8. 
 
 § 23. The common coimcil shall have power to establish 
 markets, make parks, build bridges and to make other im- 
 provements for the use of said city, and to create loans and 
 to issue bonds therefor, payable at such times and in such 
 manner and at such rates of interest as they may direct, but 
 no such bonds shall be issued except as provided by law, nor 
 unless the proposition for creating such debt shall have been 
 previously submitted to the electors of said city at a regular 
 charter election, of which three months' notice shall have been 
 published in the corporation newspapers, and such proposi- 
 tion shall have then received the affirmative vote of a majority 
 of the voters at such election. 
 
 § 24. The common council may, by ordinance, direct the 
 mode and manner of submitting such proposition to the 
 electors of said city. 
 
 § 25. In case the majority of said electors shall be in favor 
 of creating such loan, the common council which shall be in 
 office next after such election has taken place may, by a vote 
 of a majority of all the members elected, confirm said loan ; 
 but no bonds shall be issued therefor until the common coun- 
 cil shall have made specific provisions for a sinking fund, to 
 
Legislative Department. 40 
 
 Title II. 
 
 be raised by annual tax, sufficient to pay and discharge such 
 bonds at maturity, and the faith and property of the city 
 shall be and is hereby pledged for the final payment of any 
 and all such loans. 
 
 ? 26. The common council, after the taxes have been levied 
 in any year, shall have power to make temporary loans in an- 
 ticipation of the collection of such taxes, such loans to be ap- 
 plied to the purposes for which such taxes have been levied, 
 and for no other purpose, and such tax shall be inviolably 
 applied to pay such loans. 
 
 ^27. All ordinances now in force in the City of Brooklyn 
 not inconsistent with this act shall remain in force until re- 
 pealed. 
 
 ^ 28. The keeper and the assistant keeper of the City Hall 
 in the City of Brooklyn shall be appointed by the common 
 council of said city, and shall hold their offices respectively 
 for the term of five years, unless sooner removed, and until 
 their successors are appointed, except that the persons here- 
 after appointed to succeed in office the present keeper and 
 assistant keeper of the City Hall shall enter upon the duties 
 of their offices on the first day of Januai-y, eighteen hundred 
 and eighty-eight. See Ch. 80, Laws 1888. 
 
 ^ 29. The board of estimate created by section eighteen of 
 this title may also include in their statements and estimates 
 provided for by section eighteen of this title such sum or 
 sums of money, not to exceed the sum of ten thousand dol- 
 lars, for the period of ten years, annually, for the relief of the 
 benevolent funds known as the widows' and orphans' fund of 
 the various volimteer fire departments that formerly per- 
 formed fire duties in the City of Brooklyn and Town of New 
 Lots, which sum or sums of money shall be paid in the month 
 of January, annually, by the comptroller of the City of Brook- 
 lyn to the treasurers of the said several benevolent funds for 
 the uses and purposes of said funds, as follows : To the treas- 
 urer of the widows' and orphans' fund of the late volunteer 
 fire department of the western district a sum equal to fifty 
 per centum of the whole amount appropriated ; to the treas- 
 urer of the widows' and orphans' fund of the late volunteer 
 fire department of the eastern district a sum equal to forty 
 
Title II. 
 
 41 Legislative Department. 
 
 per centum of the whole amount appropriated, and to the 
 treasurer of the widows' and orphans' fund of the late volun- 
 teer fire department of the Town of New Lots a sum equal to 
 ten per centum of the whole amount appropriated, and such 
 moneys shall be under the control and direction of the vari- 
 ous boards of trustees, who now, by law, have the control and 
 direction of said funds, and shall be used for the purposes of 
 said funds and for no other purposes whatever, 
 Ch. 86, Laws of 1890. 
 
 § 29. The common council of said city shall have power 
 from time to time to change, alter and reform the ward 
 boundaries of the City of Brooklyn. 
 Ch. 455, Laws of 1892. 
 
* 
 
 ! 
 
TITLE III. 
 
 OF CITY OFFICERS— THEIR ELECTION AND 
 DUTIES. 
 
 Section 1. The administrative power of said corporation 
 shall be vested in the mayor, the heads of the departments 
 hereinafter named, and such other officers as shall, from time 
 to time, be created by law or appointed by virtue of this act. 
 
 § 2. There shall be the following departments : 
 
 1. Department of finance. 
 
 2. Department of audit. 
 
 3. Treasury department. 
 
 . . 4. Department of collection. 
 
 5. Department of arrears. 
 
 6. Department of law. 
 
 7. Department of assessment. 
 
 8. Department of police and excise. 
 
 9. Department of health. 
 
 10. Department of fire. 
 
 11. Department of buildings. 
 
 12. Department of city works. 
 
 13. Department of parks. 
 
 14. Department of public instruction. 
 
 The heads of the said departments, except the department 
 of finance and the department of audit, shall be appointed by 
 the mayor as hereinafter prescribed. The head of each said 
 departments (except the department of assessment) shall 
 have power to designate and appoint, and at pleasure remove 
 a person in his department as his deputy or first assistant ; 
 and the person so designated as deputy or first assistant 
 shall during the absence or inability of the head of the de- 
 partment by whom he was appointed, have power to perform 
 all the ordinary duties of such head of department, except 
 the power to make appointments, subject, however, to such re- 
 strictions or regulations as may be provided by the head of 
 the department so appointing him. All official business of 
 the several said departments shall be transacted at the offices 
 of the said departments and a continuous record or minute 
 
City Officers. 
 
 44 
 
 Title IIL 
 
 shall be kept at the said offices, respectively, of such business. 
 The officer or officers at the head of any department may ap- 
 point and remove his or their clerks and assistants and other 
 subordinates, and fix their salaries ; provided, however, that 
 on and after the expiration of thirty days from the time when 
 a new officer or officers shall have been appointed as such 
 head of department, he or they may remove clerks or assist- 
 ants only upon filing in writing the reasons for any removal 
 with the city clerk, which reasons shall not be questioned in 
 any other place, except that foremen, inspectors and laborers 
 temporarily employed under the departments of city works 
 may be removed at any time at the pleasure of the head of 
 such department. No person emploj-ed on the police force 
 or on the force for extinguishing fires shall be removed with- 
 out cause, and then only after a public trial by the head of 
 his department, and af^er having been found guilty of mis- 
 conduct or neglect of duty, or having been adjudged incapa- 
 ble of performing his duty ; the evidence on such trial shall 
 be taken in full, and kept as a public record. 
 
 ? 8. The mayor, comptroller and auditor shall be elected, 
 and all other officers shall be appointed,^ as in this act pro- 
 vided. The term of office of the mayor, auditor and comp- 
 troller shall be for two years, and in case of a vacancy in the 
 office of either auditor or comptroller, now existing or here- 
 after created by death or resignation, the mayor of the City 
 of Brooklyn shall appoint a proper person to be either auditor 
 or comptroller, as the case may be, with all .the powers and 
 functions of such officer, to fill the vacancy so created, until 
 the first day of January next succeeding the first annual 
 election after the happening of the vacancy, and at such 
 election a comptroller or auditor, as the case may be, shall be 
 elected for the unexpired term, if any there be. No person 
 shall be elected or appointed to any office unless he be at the 
 time of his election or appointment a citizen of the United 
 States, resident and elector of the city for at least three years 
 immediately prior thereto ; and if elected to any ward office, 
 an actual resident in such ward, and his removal therefrom 
 shall vacate such office. 
 
 Ch. 105, Laws of 1889. 
 
Title III. 
 
 45 
 
 City Oilcers. 
 
 § 4. No person so elected or appointed shall, during his 
 term of office, hold any other public office whatever (except 
 that of commissioner of deeds and notary public), the fees or 
 emoluments of which are paid out of the city treasury, or 
 shall be directly or indirectly interested in any contract to 
 which the city or any department thereof is a party ; and 
 the holding of any such other office or official position shall 
 be deemed and held to be a vacation of the office to which he 
 was elected or appointed. And no person so elected or ap- 
 pointed shall receive any compensation whatever except his 
 salary fixed by law or ordinance for any services performed 
 or work done under any public authority. The persons so 
 elected or appointed shall severally execute a bond to the 
 corporation, in such penalty and with such sureties as the 
 common council shall require, conditioned for the faithful 
 performance of their respective duties. In case such officers 
 shall refuse or neglect for ten days after being notified of 
 their election or appointment to execute or deliver to the city 
 clerk, and in case of the city clerk to the comptroller, 
 the bond therein required, such neglect or refusal shall 
 be immediately reported to the common council, who 
 may declare such office vacant : and thereupon the mayor 
 shall nominate, and, with the consent of the common 
 council, appoint proper persons to fill such vacancies. Such 
 sureties shall justify in such form as the common council 
 shall prescribe, and the bonds thereby required, after having 
 been fully approved, shall be filed in the office of the city 
 clerk, except that the bond of the city clerk shall be filed in 
 the office of the comptroller, before any one of the officers 
 required to execute the same shall enter upon the duties of 
 their respective office. Every person elected or appointed to 
 any office in pursuance of this act, or of any law or ordinance 
 of the common council, shall, before he enters upon the duties 
 of such office, take and subscribe before the mayor, city clerk, 
 or some person authorized to administer the same, the consti- 
 tutional oath of office of this State, and file the same in the 
 office of the city clerk ; aud if any such person shall neglect 
 to take such oath for ten days after receiving notice of his 
 election or appointment, unless prevented by unavoidable 
 absence from the city, or by sickness, from doiug so, he shall 
 
City Officers. 
 
 46 
 
 Title III. 
 
 be considered as having declined said office, and the same 
 shall be deemed vacant ; and whenever such vacancy shall 
 occur, the mayor shall nominate, and with the consent of the 
 common council, appoint suitable persons to fill such vacan- 
 cies except in cases where the power of appointment to the 
 office to become vacant is vested in the mayor. In all such 
 cases the vacancy shall be filled by appointment of the mayor 
 alone. No officer or person who is paid a salary for his ser- 
 vices from the city treasury shall receive to or for his own use 
 any fees, perquisites of office, commissions, percentage, or 
 moneys paid to him in his official capacity ; but all 
 fees, perquisites, commissions, percentages and moneys, 
 so paid and received by any such officer or person 
 shall be the property of the city, and shall be paid by him 
 into the city treasury : and all moneys received for licenses 
 or permits shall be paid into the treasury weekly, without 
 deduction by the department or officer receiving them, and 
 every such officer or person who shall receive any fees, per- 
 quisites, commissions, percentages, or other moneys which 
 belong to the city, and should be so paid into the treasury, 
 shall, before he shall be entitled to receive or be paid his 
 salary, make under oath a detailed statement and return to 
 the comptroller, in such form as he may prescribe, showing 
 the aggregate amount of all such moneys received by him 
 since the last preceding statement and return, and shall pro- 
 duce a receipt showing the payment of such sum into the 
 treasury. The comptroller may require any such officer or 
 person to make such statement and return to him, if it be 
 not made as herein provided, and examine any such officer or 
 person under oath, touching the amount of any fees, per- 
 quisites, commissions, percentages, or moneys paid to or 
 received by him in his official capacity. 
 
 ^ 5. Elections for mayor and such other officers as are by 
 the provisions of this act to be elected, shall be held by the 
 electors of the said city on the day of the general election at 
 the same time and places and in such manner and under 
 such regulations as are or shall be prescribed by law in 
 regard to State elections. 
 
 §6. At the said elections the judges of the city court of 
 
Title III. 
 
 47 
 
 City Officers. 
 
 Brooklyn, police justices and justices of the peace, or such of 
 them as are required to be chosen at any election, shall be 
 voted for on a separate ballot, indorsed, " judiciary ; " the 
 mayor, comptroller and auditor shall be voted for on a sepa- 
 rate ballot to be endorsed, " city officers ; " the aldermen and 
 constables shall be voted for on a separate ballot, indorsed, 
 " ward officers." Such ballots shall be deposited by the in- 
 spectors of the different election districts in separate boxes, 
 to be provided by the city. 
 
 This section is superseded by the General Election 
 Law, Chap. 680, Laws of 1892, as amended by Chap. 
 233, Laws of 1893, and Chaps. 275 and 302, Laws of 
 1894. 
 
 . § 7. For the purpose of canvassing the votes given at any 
 election, the board of aldermen shall constitute the board of 
 canvassers. The mayor, or in his absence the president of the 
 common council, shall preside, and the city clerk or his deputy 
 shall be the clerk thereof. They shall meet at the room of 
 the common council on the Tuesday next following the elec- 
 tion, at or before one o'clock in the afternoon of that day, 
 and a majority of aldermen shall constitute a quorum. The 
 clerk shall then produce the original statements of canvass 
 in each district, as the same shall have been delivered to him ; 
 and from them the board shall proceed to ascertain the vote 
 given at such election for the several officers mentioned in 
 such statements. 
 
 ^ 8. They shall make a written statement of the whole 
 number of votes given for the several officers to be elected at 
 such election, the names of the persons to whom such votes 
 were given, and the number of votes given to each. 
 
 ? 9. Upon such statement the board of canvassers shall 
 proceed to determine and declare what person or persons 
 have received the highest number of votes for each of the 
 offices mentioned in such statement. In case any two or 
 more persons shall have received an equal number of votes 
 for the same office, the board shall determine by lot between 
 them. The statement and final declaration of the board 
 shall be certified by the presiding officer and clerk, and filed 
 in the office of tho county cler'^. 
 
City Officers. 
 
 48 
 
 Title III. 
 
 ^ 10. The clerk shall keep proper minutes of the proceed- 
 ings of the board and enter the same with the statement and 
 declaration of the board in the book of minutes of the board 
 of aldermen. Said statement and declaration shall, within 
 one week thereafter, be published in the corporation news- 
 paper ; aud within ten days after the board shall have de- 
 termined what persons have been elected, the clerk shall 
 cause written notice of his election to be given to each of the 
 persons so elected. 
 
 § 11. No person shall be eligible to the office of mayor un- 
 less he has resided in the city at least five years, and has at- 
 tained the age of twenty-five years. His salary shall be six 
 thousand dollars per annum. He shall, by virtue of his office, 
 be a supervisor of the County of Kings, and shall possess all 
 the jurisdiction and exercise all the powers and authority in 
 criminal cases of a justice of the peace of said city, in addi- 
 tion to the powers heretofore given him by this act, but shall 
 receive no fees for his services as such justice of the peace, or 
 for his services as supervisor. It shall be his duty : 
 
 1. To communicate to the common council, at their first 
 meeting in the month of January, each year, and oftener if 
 he shall deem it expedient, a general statement of the condi- 
 tion of the city in relation to its government, finances and 
 improvements, with such recommendations as he may deem 
 proper. 
 
 2. To be vigilant and active in causing the laws and ordin- 
 ances of the city to be duly executed and enforced, to exer- 
 cise a constant supervision over the conduct and acts of all 
 officers, to examine into all complaints preferred against them 
 for a violation or neglect of duty, and generally to perform 
 all such duties as may be required of him by law : for which 
 purpose he shall have and possess all the authority and power 
 in criminal cases, to arrest and commit for examination all 
 offenders for offences committed within said city against the 
 laws of this State, of a police magistrate or justice of the 
 peace of any of the towns of this State, and for the preserva- 
 tion of the peace. And shall have the power and authority 
 to issue warrants against any and all persons violating any of 
 the ordinances, by-laws or regulations of the common council. 
 
Title III. 
 
 49 
 
 City Officers. 
 
 or to direct the j roper officers to arrest such persons, and 
 summarily to hear, try and determine and dispose of the 
 same, where the penalty imposed by said ordinance, by-law 
 or regulation shall not exceed ten dollars. And in case the 
 penalty impcsed by said ordinance, by-law or regulation shall 
 not be paid forthwith, upon such person being adjudged 
 guilty, then the said mayor shall have power, by warrant 
 under his hand and seal, to commit the said offender to the 
 county jail of Kings County for a term not exceeding thirty 
 days, or until the tine is paid ; and in cases where the pen- 
 alty shall exceed ten dollars, the said mayor may, after ex- 
 amination, hold the parties to bail. And in all cases where 
 such person shall hold a license or warrant, granted by the 
 common council, or any of the officers thereof, it shall be 
 lawful for the said mayor to suspend said license or warrant, 
 or the person so found guilty, from the benefits and privi- 
 leges of said license or warrant until the common council 
 shall pass upon the same. And it shall be the duty of the 
 maj^or to report the fact of such suspension, together with 
 his reason therefor, to the board of aldermen at the next 
 meeting thereof. And no person so suspended shall be en- 
 titled to any benefits, privileges or rights under such license 
 or warrants until the suspension shall be removed by the 
 common council. He shall, jointly with the comptroller, sign 
 all warrants, bonds and other obligations of the corporation. 
 But he shall not sign any warrant or other obligation unless 
 a proper voucher therefor shall have been first examined and 
 certified to by him ; and he shall sign no bonds for any loan 
 unless the receipt of the treasurer for the money loaned shall 
 have been first seen and indorsed by him. 
 
 if 12. The mayor shall have sole and exclusive power to ap- 
 point the heads of the several departments, except the head 
 of the department of finance and the head of the deps-rtment 
 of audit, and shall have sole and exclusive power to appoint 
 the «ssessors and members of the board of education, herein- 
 after mentioned ; and the term of office of said appointees 
 and their successors shall be for two years, except the as- 
 sessors, whose term shall be for five years and the board of 
 education, whose term of office shall be three years; provided, 
 
City Officers. 
 
 50 
 
 Title III. 
 
 however, that if the mayor shall refuse or neglect for a period 
 of thirty days after the expiration of the term of any officer, to 
 make an appointment to office authorized to be made pursuant 
 to this section, then and in that case such refusal or neglect 
 shall be adjudged and deemed to be in all respects equivalent 
 to and taken as an express appointment of the commissioner 
 or other officer who may at the time bo holding such 
 office. The mayor may suspend any officer appointed 
 by the mayor, provided he shall forthwith serve in writing 
 upon the person suspended the charges and specifications 
 upon which such suspension has been made, and on a 
 notice of not I'^ss than five nor more than ten days, served 
 upon the mayor by the person so suspended, the special term 
 of th« supreme court shall forthwith hear the proofs and 
 arguments on such charges and specifications, and determine 
 thereon if such suspended officers should be removed, and the 
 judgment of such special term that such officer be removed, 
 affirmed by the general term of the supreme court, shall re- 
 move the person so suspended from office from the d<»te of 
 his suspension ; but if the judgment of the special term 
 or of the general term of the supreme court shall be 
 against such removal, such suspension shall thereupon 
 cease; provided that the ma5'or may appeal from a judgment 
 of the special term, favorable to the accused, to the general 
 term and the general term may reverse the judgment of the 
 special term and find judgment of removal against the ac- 
 cused officer, if in its judgment justice so requires. The 
 mayor may, if the interests of the city require it, make a 
 temporary appointment during such suspension. Heads of 
 departments and officers of said city shall not be liable to 
 third parties for the misfeasance or nonfeasance of any per- 
 son appointed by or subordinate to them. All vacancies 
 occu^-ring during the term for which an officer shall have been 
 appointed shall be filled only for the unexpired term of such 
 officer. 
 
 See Ch. 467, Laws of 1888. 
 
 § 13. Whenever there shall be a vacancy in the office of 
 mayor, or whenever the mayor shall be prevented by absence 
 from the city, by sickness, or any other cause, from attending 
 
Title III. 
 
 51 
 
 City Officers. 
 
 to the duties of his office, the president of the board of alder- 
 men, or, if the said president shall be absent or disabled, the 
 president to be elected pro tempore shall act as mayor, and 
 possess all the rights and powers of the mayor during the 
 vacancy in office, or such absence or disability of the mayor, 
 or of the president of the common council. 
 
 § 14. There shall be elected annually, in each ward, one 
 <ionstable, who shall hold office for the term of one year from 
 the first day of J anuary succeeding his election. He shall give 
 such security as shall be prescribed by the common council, 
 and shall perform the duties which are by law prescribed to 
 constables in the towns and counties of this State. 
 
 § 15. The mayor may at any time assign any justice of the 
 peace or police justice to hold court in any district in the city 
 of Brooklyn, and every such court shall be open for the trans- 
 action of business from nine o'clock in the forenoon until three 
 o'clock in the afternoon. 
 
 § 16. There shall be elected at the general election to be 
 held in ttie year eighteen hundred and ninety-three, and at 
 such election every two years thereafter, by the electors re- 
 spectively of the first, third, fifth, seventh, ninth, eleventh, 
 thirteenth, fifteenth, seventeenth, nineteenth, twenty-first, 
 twenty-third, twenty-fifth and twenty-seventh wards of the 
 said city, one supervisor for each of the said wards ; and 
 there shall be elected at the general election, in the year 
 eighteen hundred and ninety-two and at such election every 
 two years thereafter, by the electors respectively of the second, 
 fourth, sixth, eighth, tenth, twelfth, fourteenth, sixteenth, 
 eighteenth, twentieth, twenty-second, twenty-fourth, twenty- 
 sixth and twenty-eighth wards of said city, one supervisor for 
 each of the last mentioned wards, and at the general election 
 to be held in the year eighteen hundred and ninety-two there 
 shall be elected by the electors of the twenty-seventh ward of 
 said city a supervisor who shall hold office for one year from 
 the first day of January next succeeding his election and until 
 his successor shall be chosen as above provided and shall 
 have qualified. The supervisors so chosen shall be entitled 
 to take their seats on the first day of January next succeed- 
 
City Officers. 
 
 52 
 
 Title IIL 
 
 ing their election, and shall hold their office until their suc- 
 cessors shall be chosen as above provided and shall have 
 qualified. The supervisors to be chosen, by this section pro- 
 vided, shall possess the powers and be entitled to the com- 
 pensation respectively of the supervisors of the County of 
 Kings. 
 
 Ch. 57, Laws of 1892. 
 §17. Any supervisor elected under the provisions of this, 
 title may resign his office at any time by filing a written res- 
 ignation with the city clerk, and the said office shall be and 
 become vacant immediately upon the filing of such resigna- 
 tion. 
 
 § 18. Whenever a vacancy shall occur in the office of super- 
 visor for any of the wards of said city such vacancy shall be 
 filled by the common council. The person appointed to fill 
 such vacancy shall hold his office by virtue of such appointment 
 until the beginning of the political year next succeeding the 
 first annual election after the happening of the vacancy, and 
 if such vacancy shall exist after the commencement of said 
 political year the same shall be filed at the general election, 
 next preceding such time. 
 
 Ch. 35, Laws of 1893 
 
TITLE IV. 
 
 OF THE DEPARTMENT OF FINANCE. 
 
 Section 1. There shall be a comptroller, who shall be elec- 
 ted at the general election to be held in the year one thousand 
 ■eight hundi-ed and eighty-eight, and every two years there- 
 •^fter. His salary shall be six thousand dollars per annum. 
 His term of office shall commence on the first day of January 
 next succeeding his election. He shall be the head of the 
 ^nance department, having the direction and management of 
 the accounts and finances, subject to the ordinances of the 
 -common council, and shall render to the common council, as 
 often as required, a full and detailed statement of all the re- 
 ceipts and disbursements of the city government, specifying 
 the amount expended and unexpended on each appropriation 
 made by the common council, with the state of account, to- 
 gether with a general statement of UabiHties and resomces 
 of the city, and such other information as may be necessary 
 to a full understanding of the financial affairs of the city. He 
 shall also, under the direction of the common council, prepare 
 the annual statement hereinbefore dii'ected to be published, 
 and manage all the financial concerns of the corporation, in 
 addition to such duties as may be requked of him by law. 
 He may administer an oath to any person or officer who shall 
 be required to render an occount or make any retura to him, 
 or furnish proof of his right to receive any sum of money or 
 any evidence of indebtedness from the said comptroller, or 
 from the City of Brooklyn. He shall prescribe the forms and 
 methods of keeping and rendering all city accounts, the forms 
 of accounts and pay-rolls to be used in the several depart- 
 ments and offices, the manner in which all salaries shall be 
 di-awn, and the mode by which all creditors, officers and em- 
 ployees of tho corporation shall be paid. All salaries shall be 
 payable -monthly. No expenditui-es, debts or disbursements 
 of the several departments or other officers shall be paid, ex- 
 cept upon vouchers properly certified and audited, as provided 
 -by this act. 
 
Department of Finance. 54 
 
 Title IV. 
 
 ? 2. All accounts rendered to or kept in the other depart- 
 ments of said corporation shall be subject to the inspection 
 and revision of the officers of this department, and be kept 
 in the manner prescribed or approved by the comptroller, 
 subject to the ordinances of the common council. 
 
 § 3. No bonds, stocks, or other obligations of the City of 
 Brooklyn, hereafter to be issued, shall be sold, unless bids 
 for the same shall be advertised for by the comptroller in the 
 corporation newspapers, and also in two daily newspapers 
 published in the City of New York, to be designated by the 
 comptroller, for at least ten days ; ,and all such bonds, stocks, 
 and obligations shall be awarded to the highest bidder 
 therefor, by the mayor and comptroller, after publicly open- 
 ing such bids by them : provided that no bonds, stocks, or 
 other obligations shall be sold for less than their par value and 
 accrued interest, unless with the consent of the mayor, comp- 
 troller and finance committee of the common council. The 
 mayor and comptroller may reject all bids which they con- 
 sider not for the advantage of the city. 
 
 § 4. All stocks, bonds, certificates and other obligations of 
 the City of Brooklyn, hereafter issued under the authority of 
 this act or any other act, whether general or special, shall 
 be disposed of by the mayor and comptroller and shall bear 
 interest at such rate, not exceeding four per centum per 
 annum, as the said mayor and comptroller shall in their dis- 
 cretion fix and determine, except that certificates of indebted- 
 ness or revenue bonds issued in anticipation of the collection 
 of taxes may bear such rate of interest, not exceeding six per 
 centum per annum, as the said mayor and comptroller shall 
 determine, and all bonds hereafter to be issued by the City of 
 Brooklyn, by virtue of this act, or of any other act, whether 
 general or special, shall be free and exempt from all taxation 
 except for State purposes. The comptroller shall keep care- 
 ful accounts of the same in his office and shall prescribe the 
 form of such obligations and sign the same jointly with the 
 mayor, but no stocks, certificates or bonds or other obligations 
 shall be delivered by them for any loan to the corporation 
 until the amount has been actually deposited in the city 
 
Title IV. 
 
 55 Department of Finance. 
 
 treasury and the receipt for the money is produced and filed 
 in the comptroller's office. 
 
 Ch. 455, Laws of 1894. 
 
 See Ch. 357, Laws of 1892. 
 § 5. Whenever the City of Brooklyn shall issue any bonds 
 or certificates of indebtedness to secure the payment of monej' 
 at the end of any term or terms of years, such bonds or cer- 
 tificates of indebtedness may be so made and issued that by 
 the terms thereof the city shall have an option to pay such 
 bonds or certificates at or within a period of time prior to the 
 time when they are to be fully due and payable, and after a 
 notice by public advertisement, to be specified and stated in 
 such bonds or certificates, said city shall have the right to 
 exercise such option according to the terms of such bonds or 
 certificates, and after such option shall have been exercised 
 and notice thereof given according to the terms of the instru- 
 ment, such bonds or certificates shall be due and payable at 
 such time as may be thus fixed and designated. The officers 
 authorized to issue any such bond or certificate shall have the 
 right to fix the form and terms thereof, and such officers or 
 their successors shall have the right on behalf of said city to 
 exercise the option and give the notice hereinbefore provided 
 for. 
 
 § 6. The comptroller shall prescribe proper rules and reg- 
 ulations for the transfer of all stocks and bonds which, by 
 their tenor, are transferable, and shall provide proper and 
 convenient books for such transfer, which shall be kept in the 
 comptroller's office. But no transfer of any stock or bond 
 shall be allowed, and no new certificate therefor shall be 
 issued, without the surrender and cancellation of the certifi- 
 cate previously issued for the same. 
 
 § 7. The accounts of the city shall be divided into six dis- 
 tinct classes. The first of said classes shall be called the 
 general fund, the second shall be called the special fund, the 
 third shall be called the revenue fund, the fourth shall be 
 called the sinking fund, the fifth shall be called the redemp- 
 tion fun"d, the sixth shall be called the assessment fund. No 
 money raised or received for the use of one of said funds shall 
 at any time be used for the purpose of either of the other of 
 said fimds, except as hereinafter provided. 
 
Department of Finance. 56 
 
 Title rv. 
 
 OF THE SEVERAL FUNDS AND THE ACCOUNTS 
 TO BE KEPT THEREFOR. 
 
 § 8. The general fund shall comprise all taxes levied for 
 any purpose within said city, and the receipts therefrom, and 
 all payments made on account thereof : also all city appropri- 
 ations and expenditures provided for by such tax, and by tire 
 income of the revenue fund. The accounts of said funds 
 shall also include the loans, receipts and expenditures on ac- 
 count of purchasers by the city of lands sold for unpai.1 
 taxes and water rates, and redemption thereof, the extension 
 and repair of the city water works, the Prospect Park and 
 other public parks, the construction of the East River bridge 
 and other public improvements. A pro rata proportion of all 
 the moneys collected by tax within said city shall be due to 
 the county monthly, and shall be paid by the financial offi- 
 cers of the city, upon the requisition of the county treasurer. 
 
 § 9. The special fund shall comprise all loans, assessments 
 and receipts for special local improvements, including interest 
 thereon ; also all payments on account thereof, and for the 
 redemption of such loans and the interest thereon. The ac- 
 counts of this fund shall also include the receipts and disburse- 
 ments on account of the laying out and opening of new streets, 
 avenues, squares and places. 
 
 § 10. The revenue fund shall comprise all the moneys 
 levied, assessed and received for the collectors' and assessors' 
 fees, default and interest on taxes, and arrears thereof, in- 
 terest on redemptions of property purchased by the city for 
 unpaid assessments, taxes and water rates, costs and fees of 
 city officers, advertising fees, inspectors' fees, licenses, fines 
 and penalties, court fees and fines of the police and justices' 
 courts, sales of personal property, rents and proceeds of sales 
 of real estate, except as otherwise provided in this act, in- 
 terest on deposits and all revenues of the citj whatsoever 
 from other sources than taxes, except as herein otherwise 
 provided. The revenue fund shall be kept inviolate, except 
 for the payment of judgments against the city for which no 
 sufficient or other provision has been made, charges (for ad- 
 vertising etcetra) on arrears of assessments, taxes and water 
 
Title rV. 
 
 o7 Department of Financ e 
 
 rates, fines by law made payable to any public institution, 
 expenses and damages on account of the rejection of assess- 
 ments for local improvements, interest on city loans not other- 
 wise provided for, and expenses authorized to be incurred by 
 sections two and six of title eighteen of this act, and the 
 accounts of said fund shall exhibit the payments if any made, 
 for each of said purposes, and a rebate on all taxes, assess- 
 ments and water rates as hereinafter provided. The balance 
 remaining to the credit of said fund on the first day of Septem- 
 ber, in any year, shall be transferred to the general fund on 
 or before the thirty-first day of December of each year, and 
 such amount shall be deducted from the amount otherwise 
 necessary to be raised by tax for city purposes for the ensu- 
 ing fiscal year. The comptroller shall have the power to 
 transfer any portion of any annual appropriation which he 
 shall ascertain, after provision has been made for the annual 
 use thereof by the common council, to be in excess of the 
 amount actually needed for the purpose for which any such 
 appropriation shall have been made, to the revenue fund. 
 
 ^11. The sinking fund shall comprise all moneys hereto- 
 fore or hereafter raised by tax or received from other sources 
 for the payment of the principal or interest of city loans, 
 together with the interest accruing from the investment of 
 such money by the commissioners of the sinking fund, also 
 all payments made for investments, interest on the city loans 
 and for redemptions of the principal thereof. The accounts 
 of this fund shall at all times exhibit the description and 
 amounts of securities and investments belonging to it, also 
 the amount of unemployed money on hand, and the names of 
 the institutions in which the same are deposited. 
 
 § 12. The redemption fund shall comprise all moneys re- 
 ceived for the redemption of real property sold for assess- 
 ments, taxes and water rates (except in cases where such 
 property shall be purchased by the City of Brooklyn), and 
 all moneys paid to holders of certificates of sale issued by the 
 collector of taxes and assessments, or the registrar of arrears. 
 All redemption moneys deposited in the treasury shall be 
 di-awn therefrom only upon checks prepared and signed by 
 the registrar of arrears and countersigned by the comptroller. 
 
Department of Finance. 55* 
 
 Title rv. 
 
 § 13. The assessment fund shall comprise all money's 
 raised by tax for the purpose of making local improvements 
 lis hereinafter provided. 
 
 § 14. The faith of the city, as constituted by this act, and 
 the property belonging to it, are pledged to the final payment 
 of all moneys heretofore borrowed or raised by the City of 
 Brooklyn, under or by virtue of any law of this State, and 
 any sum of money for which the whole or any part of the 
 City of Brooklyn is now liable shall be raised on those parts 
 of the city which were liable for the same on the passage of 
 this act. 
 
 § 15. The net surplus income from the public water works 
 of the city, after paying the interest on all outstanding bonds 
 issued for the construction and extension of said works, and 
 after discharging any other claims by law chargeable against 
 the water revenue, shall be paid over to the commissioners of 
 the sinking fund at the end of each year, and such surplus, 
 together with the interest thereon, shall be approi3riated 
 solely for and toward the payment and redemption of the 
 water bonds of said city : provided, however, whenever such 
 sui'plus income, after the payment or deduction of all ex- 
 penses and charges of maintenance and distribution, as pro- 
 vided in section five, title fifteen of this act, and also the in- 
 terest on all outstanding bonds issued for the construction 
 and extension of said works, shall in any year before the year 
 eighteen hundred and ninety-six amount to the sum of three 
 hundred thousand dollars, the commissioners of the sinking 
 fund, or of the special sinking fund, denominated the water 
 sinking fund, may, in their discretion., appty any proportion- 
 ate amount of said surplus, not exceeding one-tliird thereof, 
 to the reduction of the amount which must be inserted in the 
 annual estimate and be raised by taxation to meet the interest 
 on any of the bonds or obligations of the City of Brooklj^n ; 
 and further provided if such surplus income, after paying 
 the charges for maintenance and distribution and interest, as 
 aforesaid, shall in any one year before the year nineteen hun- 
 dred amount to the sum of five hundred thousand dollars, 
 the sinking fund commissioners aforesaid may, in their dis- 
 cretion, ax)ply any proportionate part of said surplus, not ex- 
 
Title rV. 
 
 59 Department of Finance. 
 
 ceeding one-half thereof, to the reduction of the amount 
 which must be inserted in the annual estimate and raised by 
 taxation to meet the interest on any of the bonds or obliga- 
 tions of the City of Brooklyn. 
 
 Chap. 453, Laws of 1890. 
 
 COMMISSIONERS OF SINKING FUND. 
 
 § 16. The moneys and securities of the sinking fund shall 
 be under the control and management of three commissioners^ 
 consisting of the mayor, comptroller and auditor, who shall 
 be known as the commissioners of the sinking fund. The 
 comptroller shall have the custody of all securities, books and 
 papers belonging to said commissioners or appertaining to 
 said fund. All bonds and other securities belonging to the 
 sinking fund shall be endorsed by the comptroller as follows : 
 " The property of the sinking fund of the City of Brooklyn, 
 transferable from said fund only by written order of the 
 mayor, comptroller and auditor, the commissioners of said 
 fund." Any transfer, without such order, of any bond so en- 
 dorsed shall be null and void. 
 
 § 17. The commissioners of the sinking fund shall meet 
 once in each month, or oftener if required, in the office of the 
 comptroller, for the transaction of business connected with 
 said fund. The comptroller shall appoint one of the clerks 
 in his office to act as secretary for the commissioners of the 
 sinking fund, but such clerk shall receive no additional com- 
 pensation for services rendered as such secretary. The 
 mayor, or in his absence, the comptroller shall preside at 
 such meeting. 
 
 § 18. The said commissioners shall, from time to time, 
 invest the money of said fund in any stock, for the payment 
 of which the faith of this State or the United States is or 
 shall be pledged, or in any of the bonds or securities issued 
 by said city or the County of Kings, and shall deposit said 
 moneys with any safe moneyed corporation in this State, and 
 make such contract with such institution for the duration of 
 such deposits and the interest thereon as they shall consider 
 for the best interest of such fund, and may also at such times 
 and upon such terms as they may deem advisable, pay any 
 
Department of Finance. 60 
 
 Title IV. 
 
 part of the moneys borrowed or raised for the final payment 
 of which the faith and property of the city is pledged in pur- 
 suance of law. And the said commissioners may, from time 
 to time, in their discretion, cancel and destroy all or any 
 bonds or obligations of the said City of Brooklyn, in which 
 heretofore or hereafter any of the money of said fund may 
 have been or may be invested. And it shall be the duty of 
 the sinking fund commissioners on or before the fifteenth 
 day of May in each year to certify to the board of estimate 
 such amounts of money as must, under the law, be inserted 
 in the ensuing annual estimate of said board and raised by 
 taxation to meet the annual interest upon, or the principal of, 
 any bonds or obligations issued by the said City of Brooklyn. 
 Chap. 453, Laws of 1890. 
 
 i> 19. The comptroller shall keep the accounts of said fund, 
 and the said commissioners shall report to the common 
 council, semi-annually at its first meeting in January and 
 July, a particular account of the condition of said fund, speci- 
 fying the receipts and payments since the last rejDort, the 
 amount and description of stocks and securities held by them, 
 with the interest they bear, the institution holding deposits, 
 amount of such deposit and the rate of interest paid thereon, 
 respectively : also the amount of securities purchased, if any, 
 and the rate paid therefor. 
 
 § 20. He shall charge to the registrar of arrears the amount 
 of all arrears of taxes, assessments and water rates, trans- 
 mitted to him for collection, with all sums properly charge- 
 able by said registi'ar for default interest, fees, charges and 
 expenses, and all amounts received for redemption of property 
 sold for unpaid taxes, assessments and water rates, and shall 
 credit his account with all payments made to the treasurer 
 on account thereof, and with all duly authorized deductions 
 and cancellations. 
 
 § 21. He shall charge to the collector of taxes and assess- 
 ments the amounts named in the rolls and lists annexed to 
 all warrants delivered to him for collection, with all the sums 
 properly chargeable by said collector for default and interest, 
 and shall credit him with all payments made by him to the 
 treasurer on account thereof, and with all duly authorized 
 
Title IV. 
 
 61 Department of Finance. 
 
 deductions, discounts and cancellations, and with all uncol- 
 lected taxes and assessments which shall have been duly 
 transmitted to the registrar of arrears. 
 
 § 22. He shall countersign all checks on the treasurer 
 drawn by the registrar of arrears for the redemption moneys 
 upon the production and cancellation of the certificate of sale 
 or lease of the property redeemed. 
 
 § 23. All contracts for local improvements shall state, as 
 near as may be, the total amount thereof ; and the comp- 
 troller shall keep a correct account of all liabilities incurred 
 under contracts with the amounts paid on account of the 
 same, and render statements thereof as often as may be 
 required by the common council. No contract for any local 
 improvement, except for sewers, shall be awarded or entered- 
 into unless an estimate of the amount to be expended under 
 the same shall have been first prepared by the commissioner 
 of city works and submitted to the common council. The 
 amount of liabilities incurred under contracts for local im- 
 provements shall not exceed at any time the amount which, 
 by law, may be borrowed by the city to pay for such improve- 
 ments. Any officer signing or executing any bond, obligation 
 or contract, in contravention of the provisions of this title, 
 shall be deemed guilty of a misdemeanor, and on conviction 
 thereof, be liable to imprisonment for not less than one year, 
 and to a fine of not less than one thousand dollars for each 
 offense. The term local improvements, wherever it appears 
 in this act, shall be construed and is hereby declared to em- 
 brace the grading, re-grading, paving, re-paving and curbing 
 of streets, the laying of cross-walks and flagging, setting Of 
 lamps and posts, fencing, digging down and filling in of lot^ 
 and the building of any draw bridge to connect one part of 
 a street with another, and any other work for which an assess- 
 ment for benefit may be laid. 
 
 § 24. Before the making of any contract for flagging or 
 re-flagging sidewalks, fencing of vacant lots, digging down^ 
 draining or filling up of lots or parcels of land, the comptroller 
 shall certify that there is sufficient money in said assessment 
 fund applicable thereto ; and upon the making of such con- 
 tract, the said comptroller shall appropriate and set apart sa 
 
Department of Finance. 62 
 
 Title IV. 
 
 much of the said assessment fund provided for in the thii'- 
 teenth section of this title as shall be necessary to pay the 
 cost of said improvement, and the same shall be used for that 
 purpose. 
 
 § 25. Whenever the city shall by law be authorized to bor- 
 rov^ monej' on bonds or other obligations for any specific 
 purpose, the money so borrowed shall be applied only to such 
 purpose : provided, however, that any premium realized upon 
 the sale of said bonds or obligations may, in the discretion of 
 the sinking fund commissioners, be applied to reduce the in- 
 terest charges upon the bonds or obligations from whose sale 
 they may have been obtained and received, or toward the ex- 
 tinguishment of the issue from whose sale such premium may 
 have been obtained or received. And any surplus remaining 
 after accomplishing such purpose for which the money was 
 borrowed shall be paid into the sinking fund for the redemp- 
 tion of such bonds or obligations ; and it shall not be lawful 
 for the common council of the said city to borrow any money 
 except under special provision of law, or as provided in this 
 act, or to enter into any contract by which they may be com- 
 pelled to pay money, except for the purposes for which they 
 are or may be authorized to raise mone}' by tax, and then 
 only to an amount not exceeding the sum they are authorized 
 by law to raise by tax during the municipal year for the pur- 
 pose for which such money may be borrowed or contract en- 
 tered into ; it shall be the duty of the said common council 
 to pay all moneys so borrowed, with interest accruing thereon, 
 and to discharge all such contracts out of the money raised 
 by tax diuring the same municipal year for which the money 
 is borrowed or contract entered into, except as otherwise by 
 this act provided. 
 
 Chap. 453, Laws of 1890. 
 
 § 26. All contracts or copies thereof, made by the city 
 with individuals or corporations shall be filed in the office of 
 the comptroller. He shall have charge of, collect and pay 
 over to the treasurer, all rents due or to become due to the 
 city from any property the custody and care of which is not 
 by this act or other laws committed to some other depart- 
 ment or officer. 
 
Title IV. 
 
 63 Department of Finance. 
 
 § 27. It shall be the duty of the comptroller to furnish to 
 the treasurer statements of all the appropriations made by 
 the common council, before any warrants shall be drawn on 
 account of the same ; he shall notify the mayor, in case of 
 any neglect or failure on the part of any officer or officers 
 authorized to collect any moneys for, or on account of the 
 city, to deposit their collections in the treasury, and there- 
 upon the mayor shall suspend such officer or officers, and 
 proceed against them as herein prescribed in cases of mis- 
 feasance or non-feasance in office. 
 
 § 28. It shall be the duty of the comptroller, auditor and 
 chairman of the finance committee of the common council to 
 examine annually the accounts of the collector of taxes and 
 assessments, registrai of arrears, registrar of water rates and 
 the treasurer, and to present to the common council, at its 
 first meeting, after the first day of January in each year, the 
 result in writing of such examination ; and it shall be the 
 duty of the auditor and the chairman of the finance com- 
 mittee of the common council to examine annually the ac- 
 counts of the comptroller, and to report thereon in like 
 manner. The common council or the financial committee 
 thereof may, at any time, older a further examination of 
 such accounts. 
 
 § 29. It shall be the further duty of the comptroller from 
 time to time to communicate to the common council plans 
 and suggestions for the increase of the revenues, for promot- 
 ing economy in the public expenses, and generally for im- 
 proving the administration of the finances of the corporation. 
 
 § 30. It shall be the duty of the comptroller to pay to the 
 treasurer of Kings County on or before the first day of Jan- 
 uary, February, March, April, May and June of each year 
 the pro rata share of the taxes annually raised by the City of 
 Brooklyn for State and county purposes as now provided by 
 law, and on or before the first day of July of each year the 
 said comptroller of the City of Brooklyn shall pay to the 
 said treasurer* of Kings County the full amount of the bal- 
 ance of all taxes raised by the City of Brooklyn for State and 
 county purposes for the current fiscal year. Nothing herein 
 contained shall change the time for the payment of the 
 
Department of Finance. 64 
 
 Title IV. 
 
 Kings County State tax into the State treasury. For the 
 purpose of carrying out the provisions of this section, the 
 comptroller of the City of Brooklyn is authorized and em- 
 powered at any time when the funds in his hands are not 
 sufficient to make the final payment in July as heretofore 
 provided, to issue certificates of indebtedness of the City of 
 Brooklyn in amount sufficient to meet the requirements of 
 this section. 
 
TITLE V. 
 
 DEPAKTMENT OF AUDIT. 
 
 Section 1. There shall be an auditor, who shall be elected 
 at the general election to be held in the year one thousand 
 •eight hundred and eighty-eight, and every two years there- 
 after, whose term of office shall commence on the first day of 
 January next succeeding his election, and he shall be the 
 head of the department of audit, and shall receive an annual 
 salary of three thousand five hundred dollars. It shall be his 
 ^uty to examine all bills presented against the city for pay- 
 ment. No claim against the city, including claims for local 
 improvements, shall be paid unless he shall certify that the 
 services have been rendered or the materials fm-nished for 
 which such bills may be presented, and that the charges are 
 just and reasonable, or according to contract. 
 
 § 2. All moneys drawn from the treasury shall be upon 
 vouchers for the expenditure thereof, examined and allowed 
 hy the auditor, and also approved by the comptroller, in 
 •whose office all such vouchers shall be filed. 
 
 § 3. No bill or claim shall be audited unless the same be 
 inad(; out in items ; certified by the head of the department 
 or officer having cognizance of the subject of such claim. 
 
 § 4. He shall also have the right to require from the different 
 officers all the information which they possess, and to inspect 
 any book, contract, resolution or other paper or document in 
 their respective departments or offices, and it is hereby made 
 the duty of all such departments and officers to furnish and 
 |)ermit the same when so required by him. 
 
 § 5. He shall also have the right to examine any person 
 presenting claims for settlement or other witnesses concern- 
 ing any such claim and to administer an oath to any such 
 •claimant or witness. 
 
 § 6. It shall be the duty of the auditor to report to the 
 •common council, weekly, the name of every person in whose 
 favor an account has been presented during the preceding 
 'week, with the decision of the auditor upon the same, and 
 his final action thereon. 
 
TITLE VI 
 
 OF THE TREASURY DEPARTMENT. 
 Section 1. The head of the treasury department shall be 
 called the treasurer. He shall be appointed by the mayor, 
 as hereinbefore provided. His term of office shall be two 
 years, and shall commence on the first day of February next 
 succeeding his appointment. He shall receive an annual 
 salary of four thousand dollars. The treasurer shall receive 
 and deposit daily all moneys belonging to the city in such 
 banks and trust companies, to the credit of the city, upon 
 such terms and in such amounts as the commissioners of the 
 sinking fund may direct, or as he, in default thereof, may 
 determine. The amount so deposited shall be, as near a» 
 may be, in proportion to the capital of the several banks and 
 trust companies in which such deposits shall be made, and 
 all interest that may accrue on all money so deposited shall 
 be collected by and be credited to the city quarterly, and a 
 detailed account thereof furnished to the comptroller. He 
 shall keep an accurate account of all receipts and payments, 
 and make weekly returns thereof in such manner as the 
 comptroller may direct. It shall be the duty of the heads of 
 the several departments, all justices of the peace, police jus- 
 tices and all other officers of the city, to pay him all moneys 
 by them received belonging to the city, at the times and in 
 the manner provided in this act, or in cases not so provided 
 for, as may be directed by the common council, or in defaiilt 
 thereof, by the comptroller, and to account thereof under 
 oath, with items, to the comptroller. No moneys shall be 
 drawn from the treasury except in pursuance of an appropri- 
 ation by the common council or under the provisions of exist- 
 ing laws, and upon warrants signed by the mayor or acting 
 mayor, and by the comptroller or his deputy, and counter- 
 signed by the city clerk, or, in his absence, by his assistant. 
 Such warrants shall specify for what purpose the amount 
 therein mentioned is to be paid, the appropriation or account 
 on which it is drawn, and the date of the law or resolution 
 
Treasury Department. 68 
 
 Title VI. 
 
 authorizing the same, and the said clerk shall keep an ac- 
 curate account of all orders directing moneys to be paid, in 
 a book to be provided for that purpose, provided that redemp- 
 tion moneys may be drawn out of the treasury by checks 
 signed by the registrar of arrears and countersigned by the 
 comptroller. 
 
 § 2. It shall be the duty of the treasurer to keep books 
 showing at all times the condition of the several appropria- 
 tions, and such other particulais as may be directed by the 
 comptroller ; but no warrant shall be paid on account of any 
 appropriation, or be charged to any account, unless there is 
 a balance equal to the amount of such warrant standing to 
 the credit of the proper accouut and applicable to such war- 
 rant ; provided that if the comptroller shall deem it advisable 
 to effect a sale of bonds at any particular time he may, with 
 the consent of the mayor, overdraw any of the accounts which 
 are made up from the moneys received for the sale of bonds, 
 but such overdrafts shall in no case exceed the amount for 
 which bonds may be issued by the city under existing laws 
 on the particular account so overdrawn; and it shall be the 
 duty of the financial officers of the city to issue and sell such 
 bonds when the moiie}' shall be needed by the city. 
 
 <J 3. The treasurer shall give receipts in duplicate, in such 
 form as shall be prescribed and approved by the comptroller, 
 for the moneys paid to him for taxes, assessments, loans or 
 other purposes, which receipts shall specify what the amounts 
 are for, and the accounts credited by him therewith, and all 
 such receipts or duplicates thereof shall forthwith be filed 
 with the comptroller by the person pajiog such money. 
 
TITLE Vll. 
 
 DEPARTMENT OF COLLECTION. 
 
 Section 1. The head of the department of collection shall 
 be the collector of taxes and assessments, who shall be ap- 
 pointed by the mayor as hereinbefore provided. His term of 
 office shall be for two years and shall commence on the first 
 day of February next succeeding his appointment. He shall 
 receive an annual salary of five thousand dollars. He shall 
 collect and receive all moneys that may be or may become 
 due under any warrant delivered to him for the collection of 
 taxes and assessments, which moneys he shall pay to the 
 treasurer of the city on the same day on which he receives 
 them. He shall render an account thereof to the comptroller 
 in detail, who shall compare the amount received with the 
 respective items on the tax and assessment list in his office, 
 and note all payments on the margin opposite such items, 
 with the date of such payments. The amounts included in 
 all warrants for the collection of taxes and assessments de- 
 livered to the tax collector, together with all default and in- 
 terest, shall" be credited by him on the books in his office to 
 the city ; and the amounts paid by him to the treasurer on 
 account thereof, with all rebates, reductions and cancellations 
 shall be charged by him to the city together with all items 
 of uncollected taxes and assessments transmitted by him to 
 the registrar of arrears. 
 
 § 2. The said collector shall have the same powers as the 
 collectors in the several towns of this State, not inconsistent 
 with this act. It shall not be necessary for the collector to 
 call personally or by dejDuty upon the persons named in the 
 annual tax- rolls and demand the taxes, in case where such 
 taxes are for real estate, nor shall it be necessary for him to 
 levy any such tax upon real estate, by distress and sale of the 
 goods and chattels of the person who ought to pay the same ; 
 but he shall, upon receiving such annual tax-rolls, cause a 
 notice to be published for thirty days in the corporation news- 
 papers of the said city that the said tax-rolls have been com 
 
Department of Collection. 70 
 
 Title Vn. 
 
 pleted and the warrant for the collection of the taxes de- 
 livered to him, and that all persons are requii-ed to pay their 
 taxes at his office without delay under the penalties of the 
 law. He shall annex to such notice and publish therewith a 
 copy of the tenth section of this title. He shall publish a 
 hke notice immediately after the warrant for the collection of 
 any assessment shall have been deHvered to him . He shall 
 also, within twenty days after said assessment list and war- 
 rant shall be delivered to him, cause bills of the several 
 amounts therein assessed to be served pej-sonally or left at 
 the places of residence of the persons charji^ed with or liable 
 to pay such assessments, if residents of the city, and if not 
 msidents he shall cause bills to be sent to such pei-sons by 
 mail, addressed to tbeir reputed places of residence. 
 
 J? 3. If any person who shall have become surety for the 
 collector shall, by notice in writing, to be served on the 
 mayor or city clerk, require the said collector to renew his 
 official bond, such person shall be discharged from all future 
 liability as such surety from and after the settlement of the 
 accounts of the collector for moneys received prior to such 
 discharge, who shall be required to make such statement 
 ^vithin thirty days after notice from the common council to 
 that effect. 
 
 ^ 4. There shall be added to and included in every tax and 
 assessment levied and assessed in the City of Brooklyn, the 
 sum of two percent. u|K>n the amount of such tax and assess- 
 ment for the expense of collection, which together with the 
 amount to be added for neglect to pay within the time speci- 
 tied in the waiTants of the collector, as hereinafter provided, 
 shall be for the use of said city. 
 
 5. If an}' collector or deputy collector shall convert to his 
 own use in any way whatever, or shall use by way of invest- 
 ment in any kind of property or merchandise, or shall loan in 
 any way, or shall deposit elsewhere than in the city treasury, 
 any portions of the moneys or checks received or collected by 
 him as such collector or deputy collector, every such act shall 
 be deemed and adjudged to be an embezzlement of so much 
 of said moneys or checks as shall be thas taken, invested, 
 used or loaned or deixDsited and is hereby declared to be a 
 
Title VII. 
 
 71 Department of CoUectino. 
 
 felony punishable by iiTiprisonment in a State prison for a 
 term not exceeding five years. If such collector shall retain 
 in his possession for more than one business day any moneys 
 received by him, he shall be deemed guilty of a misdemeanor, 
 and upon conviction thereof, shall pay a fine of five hundred 
 dollars for every business day during which such moneys are 
 retained by him. 
 
 § 6. The supervisors of the County of Kings shall cause 
 the corrected assessment rolls of the several wards, or fair 
 copies thereof, with warrants for collection, to be delivered 
 to the collector on or before the fifteenth day of November in 
 «ach year, and shall also deliver to the comptroller a copy of 
 such rolls : and the common council shall cause every assess- 
 ment roll made for any improvement in said city, or a fair 
 copy thereof, with a warrant for collection, to be delivered to 
 said collector within ten days after the same shall be finally 
 confirmed, and also deliver to the comptroller a copy of such 
 roll. But no warrant for the collection of any assessment 
 shall be issued by the common council until all the proceed- 
 ings had in laying said assessment shall have been examined 
 and certified as correct by the commissioner of city works and 
 the corporation counsel, which certificate shall be endorsed 
 upon or annexed to the assessment roll, and shall be presump- 
 tive evidence of the regularity of the proceedings. The col- 
 lection of taxes shall be commenced on the first day of 
 December in each year. 
 
 § 7. The collector of taxes and assessments is hereby 
 directed to prepare an abstract of each of the assessments for 
 local improvements, the amount of which is directed by law 
 to be included in or collected with the general taxes, showing 
 first the amount of the respective assessments upon each par- 
 cel of land assessed, less any amount paid thereon ; secondly, 
 the installments which are to be collected in each year upon 
 each lot, with interest added in those cases in which the in- 
 terest is to be collected, and he shall furnish to the comp- 
 troller a duplicate of such abstract. 
 
 § 8. The collector of taxes and assessments aforesaid is au- 
 thorized to receive the total amount of said assessment upon 
 any piece or parcel of land at any time before the time fixed 
 
Department of Collection. 72 Title Vn. 
 
 for the complete payment thereof, with interest thereon to 
 the time of payment, and any defaults accrued thereon, and 
 upon such payment shall cancel such assessment upon the 
 piece or parcel of land the assessment upon which is so paid. 
 
 § 9. All warrants for the collection of taxes and assessments, 
 in addition to any other signatures required by law, shall be 
 signed by the mayor and comptroller, and all warrants for 
 the collection of assessments shall be under the corporate 
 seal of the city, attested by the clerk : and all warrants for 
 the collection of taxes and assessments shall require the col- 
 lector to collect, within one year from the date thereof, from 
 the several pei'sons named in the roll and lists annexed 
 thereto, the several sums mentioned in the last columns of 
 such roll opix)site Uj their respective names, and to pay the 
 same to the treasurer, as hereinbefore provided, and to render 
 detailed accounts thereof to the comptroller ; and these war- 
 rants shall not be renewed except in cases where the collec- 
 tion has been stayed by any legal proceedings, and in such 
 cases the common council shall have power, after the cessa- 
 tion of such stay, to cause new warrants to be issued to the 
 collector for the full terai of one year, as if no previous war- 
 rant had been issued. This provision shall apply to all cases 
 where the collection has been or hereafter may be stayed by 
 any legal process or proceedings. The warrant shall also 
 require the coP.ector, upon the expiration of one year from 
 the date thereof, to make a return of all uncollected items to 
 the registrar of arrears. 
 
 <f 10. On all taxes and assessments which shall be paid to 
 the collector before the expiration of one month from the time 
 the same shall become due and payable, an allowance shall 
 be made to the person or persons making such payments, at 
 the rate of seven and three-tenths per centum per annum 
 for the unexpired portion thereof, and the amount of such 
 allowance shall be credited to the account of the collector and 
 charged to the account of the revenue fund. On all taxes, 
 assessments and water rates paid after the expiration of one 
 month trom the time the same shall have become due and 
 payable, there shall be added to and collected as part of 
 every such tax, assessment or water rate, interest at the rate 
 
Title VII. 
 
 73 Department of Collection. 
 
 of nine per centum per annum, to be computed from the 
 time the same became due and payable to the date of said 
 payment. 
 
 § 11. On every bill rendered for taxes by the collector of 
 taxes and assessments there shall be ruled a column headed 
 " notices," and a further column headed *' assessments due," 
 in which the said collector shall cause to be written opposite 
 the ward number of the lots, the word " arrears " or " sold " 
 or " assessments due," according to the entries in the assess- 
 ment rolls headed " notices " or " assessments due." And it 
 shall be the duty of the said collector of taxes and assess- 
 ments immediately upon the delivery to him of the annual 
 assessment rolls in each yea.v to cause to be entered opposite 
 the ward numbers of the lots in the column headed " assess- 
 ments due " in said rolls the title of any assessment then due 
 and collectable in his department, or which may be delivered 
 to him for collection during that current year, and when any 
 one of these assessments shall be transmitted to the. registrar 
 of arrears pursuant to section nine of this title, the collector 
 of taxes and assessments shall cause to be stamped over the 
 entry of such assessment in said column in the annual assess- 
 ment rolls, the word " arrears," and the collector of taxes 
 and assessments shall, upon delivery to him of the annual 
 assessment rolls, immediately deliver the same to the regis- 
 trar of arrears, whose duty it shall be to cause to be 
 stamped in the column he*ided " notices " in said 
 rolls the word " arrears " opposite the ward number of 
 the respective lots which appeal' upon the list for the unpaid 
 tax of the immediately preceding year, which shall have been 
 retm-ned to said registrar as required by section fourteen of 
 ibis title, and the collector shall cause the same to be noted 
 on every bill for taxes rendered by him in like manner as 
 when assessments are due. And at the foot of every such 
 bill there shall be printed the following words : *^ The entries 
 in the column headed * assessments due ' indicate that a lot 
 or lots referred to have assessments on them which can be 
 paid in the office of the collector of taxes and assess- 
 ments, and the entries in the column headed * notices * 
 indicate that the lot or lots referred to have been sold 
 
Department of Collection. 74 
 
 Title VII. 
 
 for arrears or are to be sold there 'or ; the arrears to 
 be paid and the lot or lots redeemed from sale at the 
 office of the registrar of arrears." Any omission in any tax 
 bill of such entry in the column " notices " or " assessments 
 due " of the word arrears or " sold " or " assessments due," 
 as above required, shall have no other effect than to postpone 
 the time of sale of the property represented by the ward 
 number opposite which the entry shall have been omitted in 
 case of arrears, for the further term of one year, and in case 
 the property has been sold, to cancel the sale without preju- 
 dice to the city's claim : but no such bill shall be considered 
 evidence of such omission unless actually paid and duly re- 
 ceipted, and upon any apjilication, case or hearing arising 
 upon an alleged omission of any such entry, the burden of 
 proof shall be deemed to be upon the owner. Property, the 
 sale of which has thus been cancelled, shall not be offered for 
 sale again within one year from the date of cancellation. 
 Chap. 368, Laws of 1889. 
 
 ? 12. If any of the taxes mentioned in the rolls annexed to 
 the warrants shall renrain unpaid at the expiration of one 
 year from the time said warrants shall be delivered to the col- 
 lector, and he shall not be able to collect the same, he shall 
 deliver to the comptroller an account of the taxes so remain- 
 ing due, with an affidavit that the same is a true account of 
 the taxes remaining unpaid, and that he has not been able, 
 upon a diligent inc^uiry, to discover any goods and chattels 
 belonging to or in possession of the persons charged in said 
 rolls for personal taxes, whereon to levy the amount of 
 such personal taxes, he shall be credited by the comptroller 
 with the amount thereof, and if any of the aesessments men 
 tioned in the assessment rolls annexed to the warrant for the 
 collection of assessments for benefits shall remain unpaid at 
 the expiration of one year from the time said warrant shall 
 have been delivered to the collector, and he shall not be able 
 to collect the same, he shall deliver to the comptroller an 
 account of the assessments so remaining due, with an affl 
 davit, as hereinafter mentioned. 
 
 § 13. Upon affidavit being made before the comptroller, or 
 before' fny other person authorized to adminster oaths in the 
 
Title VII. 
 
 75 Department of Collection. 
 
 County of Kings, by the collector to whom any warrant for 
 the collection of any assessments shall be delivered, as afore- 
 said, or his deput}', that the sums mentioned in any such ac- 
 count of assessments rendered to the comptroller by him 
 remain unpaid, and that he has not been able to collect the 
 same, and that within twenty days after the warrant for the 
 collection of the same had been placed in his hands he caused 
 a bill to be served personally on or left at the place of resi- 
 dence of the person or persons charged with or liable to pay 
 such assessment, if a resident of the city : if not a resident of 
 the city, that he Jiad deposited such bill in one of the post- 
 offices in said cit}', addressed to the person or persons as- 
 sessed, at his, her or their last reputed place of residence, 
 which bill contained the name or title of the improvement, 
 the name of such person, the amount due from such person, 
 and the time when the warrant would expire ; such collector 
 shall be credited hy the comptroller with the amount of said 
 account. 
 
 § 14. It shall be the duty of the collector of taxes and as- 
 ressments to make a return to the registrar of arrears, on the 
 expiration of one year from the date of his waiTant in each 
 year, of all items of taxes levied in the previous year remain- 
 ing unpaid ; and he shall, at the same time, notify the comp- 
 troller, in writing, of the aggregate amount of said arrears so 
 returned and due from each ward, and thereupon extend the 
 said items in the tax rolls into the column headed " arrears,'' 
 and balance on his books the accounts of the taxes of that 
 year. After such return of arrears shall have been made to 
 the registrar of arrears, no payment shall be received on ac- 
 count thereof by the collector of taxes and assessments : but 
 he may, nevertheless, and it shall be his duty to certify to the 
 registrar of arrears any omissions or overcharges which may 
 have been made in any such return to him, which shall, upon 
 such certificate, be duly added or cancelled by said registrar ; 
 provided, however, that no such amount shall be cancelled or 
 remitted after the same has been once settled. 
 
TITLE VIII 
 
 DEPARTMENT OF ARREARS. 
 
 Section 1. The department of arrears shall have the 
 management and control of all matters relating to advertis- 
 ing and selling property for unpaid taxes, assessments and 
 water rates and the redemption of propert}' sold therefor. 
 The head of the said department shall be called the registrar 
 of arrears. He shall be appointed by the mayor, as herein- 
 before provided, and his term of office shall be for two years, 
 to commence on the first day of Februaiy next succeeding 
 Ms appointment. He shall receive an annual salary of five 
 thousand dollars. 
 
 § 2. In the month of December in each year the registrar 
 of arreai-s shall prepaie a list of the parcels of land and 
 premises in said city upon which any tax or assessment 
 theretofore levied or imposed shall have at any time thereto- 
 fore been returned or transmitted to his office and shall 
 remain unpaid and in arreai-s, and said list shall designate the 
 wai-d in which said lands are situated, the block and lot num- 
 ber by which the same are designated or known on the 
 assessment map of mch ward, the street, avenue or road on 
 which the same fronts, on which side thereof, and between 
 or near what streets it is situated, the name of the person to 
 whom the same was assessed or taxed on the roll of the last 
 annual tax for which the same shall be in arrears, and the 
 aggregate amount of the arrears of taxes and assessments on 
 the same, exclusive of interest and default, with such further 
 description of the premises or of the particulars of said 
 arrearages as the said registrar shall deem proper, and shall 
 cause the said list to be printed in pamphlet form for distri- 
 bution to such persons as shall make application for the 
 same at his office. The said registrar of arrears, after the 
 preparation of such list as aforesaid, shall publish at least 
 once in each week for four weeks in each of the corporation 
 newspapers a notice that such list has beeu prepared and may 
 be obtained at his office, and that the several parcels of land 
 
Department of Arrears. 78 
 
 Title VIII. 
 
 b}>ecified in ^aid list will be sold at public auction to the high- 
 est bidder, at a time and place specified in said notice, not lesa 
 than thii tj days after the fii-st publication thereof, for the pay- 
 ment of the aggregate amount of all arrears of taxes and as- 
 sessments thereon, ^vith all default, interest and expenses 
 accrued thereon. It shall not be necessaiy in said notice to 
 include any particulars of the property to be sold, and it 
 shall not be in any wise an objection to the vahdity of any 
 sale that any person has for any reason failed to procui*e a 
 copy of the list aforesaid, or that said list incorrectly states 
 or omits to state the name of the person to whom any parcel 
 is assesseu, the assessed valuation thereof, or the amount 
 or description of any tax or assessment or any other matter 
 or thing hereinbefore required or authorized to be stated in 
 said list, provided that tbe ward, block and lot numbers of 
 the said lands are cori'ectly stated in said list. It shall be 
 the duty of said registrai, from and after the first publica- 
 tion of said advertisement, to deliver to any applicant at his 
 office, within office hours, a written or printed list of all the 
 parcels of property intended to be included in sai'l sale, but 
 it shall not be in any wise an objection to the validity of any 
 sale that any person has for any reason failed to receive such 
 list. Affidavits of the publication of such notice of sale in 
 the manner above provided, and of all other notices required 
 by the provisions of this title to be pubhshed, made by some 
 one of the respective publishers of each of said corporation 
 newspapers, or by some person in the employ of such pub- 
 hshers having cognizance of su?h publication, may l^e filed in 
 the office of the said registrar, and shall thereupon become 
 public records, and shall be prima facie evidence in all courts 
 and places of the matters stated in such affidavits. Any 
 omission of the said registrar to make the said list at the 
 time above specified shall not prevent his making the same 
 and advertising the property for sale thereafter, and any 
 property omitted from any list and sale which ought to have 
 been included therein may be included in a subsequent Ust 
 and sale, notwithstanding such omission. 
 
 ? 3. At the time and place specified in said notice the said 
 registrar of arrears shall proceed to sell the said lands desig- 
 
Title VIII. 79 Department of Arrears. 
 
 nated in said list, upon which any of such arrears of taxes or 
 assebsments remain unpaid, at public auction to the highest 
 bidder in each case for a sum not less than the aggregate 
 amount of all such arrears of taxes and assessments remain- 
 ing unpaid with all interest and default accrued upon the 
 same, and the further sum of five dollars on each parcel sold, 
 for the costs and expenses of such sale, to be collected and 
 received by the registrar of arrears for the use of the city. 
 Said sales may be adjourned or continued from time to time 
 by the said registrar, but it shall not be necessary to publish 
 any notice of such adjournment or of the continuation of such 
 sale. The amount of any tax, assessment and lien fixed or 
 certified, or that may be hereafter fixed and certified, under 
 the provisions of sections one and tw(^ of chapter one hundred 
 and fourteen of the laws of eighteen hundred and eighty- 
 three, shall not be included in the amount of arrearages for 
 which any lands shall be advertised or sold under the pre- 
 ceding provisions of this title, nor shall any lands upon which 
 such tax, assessment and lien so fixed or certified as aforesaid 
 shall remain unpaid or uncollected be sold under the preced- 
 ing provisions of this title, until the same is paid or collected 
 by sale or otherwise. In cases where any tax, assessment or 
 water rate, levied or imposed, or attempted to be levied or 
 imposed on any parcel of land or premises in said city, exclu- 
 sive of the twenty-sixth ward thereof, prior to the first day of 
 July, eighteen hundred and eighty-two, remains unpaid and 
 in arrears, the determination of the board of assessors, made 
 pursuant to chapter one hundred and fourteen of the laws of 
 eighteen hundred and eighty -three, as to the amount to be 
 charged and assessed upon and against each parcel of land 
 aforesaid, certified under the signatures of a majority of the 
 board of assessors to the registrar of arrears and to the comp- 
 troller of said city shall be final and conclusive upon all per- 
 sons owning or having any interest in, or lien upon said 
 lands, and against all persons whomsoever, and the amount 
 so fixed, determined and certified by them in each case, is 
 hereby declared to le and made a valid and binding tax, 
 assessment and lien upon the land so designated in lieu and 
 instead of all outstanding claims of the City of Brooklyn for 
 arrearages of taxes, assessments or water rates levied or con- 
 
Department of Arrears. so 
 
 Title VIII. 
 
 firmed, or attempted to be levied or confirmed, prior to the said 
 first day of July, eif^hteen hundred and eightj'-two, and shall 
 be a valid lien on said lands, having priority over all other 
 liens, claims and demands whatsoever, except taxes, assess- 
 ments and water rates levied after said date, and the proceeds 
 thereof, when collected, shall be applied to the discharge of 
 any of the obligations of the City of Brooklyn arising upon 
 tax certificates and bonds and certificates issued on account 
 of local improvements, and bonds issued to meet deficiencies 
 on such bonds and certificates, and shall also be applied to the 
 payment of the expenses of carrying out the provisions of this 
 act when certified by the head of the deportment incuning 
 such expense, and approved and allowed by the mayor. The 
 amount of said tax, assessment and lien so fixed and certified 
 in respect of each and eveiy parcel included in such certificate 
 thereof, shall be due and payable from and after the delivery 
 of said certificates respectively, and shall be collected by said 
 registrar, without interest, if the same shall be paid within 
 sixty days after the filing of such certificate with him, and if 
 not so paid, with interest from the date of filing such certifi- 
 cate, at the rate of six per centum per annum from the filing 
 of such certificate, and if not paid within six months from the 
 filing of such certificate, at the rate of twelve per centum per 
 annum from the fiUng of such certificate. Toe registrar of 
 arrears shall not be required to make any demand for the 
 payment of said tax, assessment and lien, and if, after the 
 expiration of twelve months from the filing of the said certifi- 
 cate, the amount therein certified in respect of any parcel of 
 land, shall not have been collected or paid, the said registrar, 
 after giving notice by advertisement, in the same manner 
 hereinbefore in this section prescribed, in respect to the like 
 proceeding, shall sell said parcel at public auction to the 
 highest bidder for a sum not less than the amount unpaid, 
 and all interest accrued thereon. 
 Chap. 33, Laws of 1892. 
 
 § 4. The registrar of arrears shall, on the receipt of the 
 purchase money on any sale, as provided by this title, deliver 
 to the purchaser a certificate of such sale, which shall contain 
 a covenant on the part of the City of Brooklyn to refund the 
 
Title VIII. 81 Department of Arrears. 
 
 amount paid for said lands, with interest at the rate of four 
 per centum per aunum from the date of sale, and all sums 
 paid b}' him for taxes, assessments and water rates as herein- 
 after authorized, with interest at the rate of four per centum 
 per annum from the dates of such payments respectively, in 
 case the said title conveyed by said sale shall prove invalid, 
 by reason of any matter or thing happening prior to the 
 sale : provided, however, that no claim can be made nor any 
 action maintained against the City of Brooklj^u, upon or un- 
 der said covenant, or otherwise, to recover the amount paid 
 to the City of Brooklyn for any lands sold under the provisions 
 of this act, unless an action to recover the same shall be com- 
 menced mthin six years after the delivery to the purchaser, 
 his legal representatives or assigns, of the deeds of said lands 
 and premises as hereinafter in this section provided, nor un- 
 less the purchaser or his assigns shall have, within one year 
 after the date of said sale, caused notice of such sale to be 
 served on the persons entitled to redeem the said lands, as 
 provided in section seven of this title, and shall have, within 
 fifteen months after the service of such notice, applied for and 
 received a deed for said lands as hereinafter provided. Upon 
 presentation of said certificate of sale and proof of the service 
 of the notice of such sale, as hereinafter provided, upon the 
 owners and mortgagees of the said lands and premises, the 
 registrar of arrears shall, after the expiration of one year 
 from the date of such service, execute and dehver to the pur- 
 chaser on such sale, his legal representatives or assigns, a 
 deed for said lands and premises, and such purchaser, his 
 legal representatives and assigns, shall take a good and suffi- 
 cient title in fee simple absolute to the property' sold, of 
 which the said deed shall be presumptive evidence, and in 
 any proceeding or action to be by said purchaser, his heirs, 
 legal representatives or assigns, taken, prosecuted or defended 
 for the recovery of the possession of the property so sold as 
 aforesaid, or in the establishment or defense of his or their 
 title shown as aforesaid, by such deed, such title shall not 
 fail or be defeated by reason of any irregularity or formal de- 
 fect in the procedure taken under this act, upon which said 
 sale shall have been made, or such title conveyed as afore- 
 said. The City of Brooklyn miy be a purchaser at any sale of 
 
Department of Arrears. 82 Title VIIL 
 
 lands under the provisions of this title,and with the same right, 
 title and effect as any other purchaser, whenever the mayor, 
 comptroller and corporation counsel, or a majority of them, 
 shall so determine, and the certificates of such sales to said 
 city shall be delivered to the comptroller, who shall, in behalf 
 of said city, cause a notice of said sale to be served on the 
 owners and mortj?agees of the land so purchased, as pro- 
 vided in section five of this title. And the comptroller may. 
 with the assent of the mayor, assign and convey any of said 
 certificates or the right and title of the city in any lands 
 acquired under such sale on payment of a sum not less than 
 the amount which would be required to redeem such lands 
 under the provisions of this act. And said comptroller shall 
 have the care and custody of all lands which may become 
 the property of the City of Brooklyn by reason of such pur- 
 chases, and may make such repairs upon any building or 
 buildings thereon as he, with the assent of the mayor, may 
 deem necessary. The moneys required to be paid by said 
 city for the expenses of serving notices and the payment of 
 taxes, water rates or assessments on premises purchased by 
 the oiiy for any unpaid t;ixes, assessments and liens, filed, 
 determined and certified pursuant to the provisions of chap- 
 ter one hundred and fourteen of the laws of eighteen hundred 
 and eighty- three, and for the makin*; of such repairs, shall 
 be charged upon and paid from the fund constituted by the 
 proceeds from the collection of said taxes, assessments and 
 liens, and the moneys required to be paid by said city upon 
 any other purchase made pursuant to the provisions of this 
 act, and for the expense of serving notices of such sales and 
 the payment of t txes, water rates and assessments on prop- 
 erty so purchased, and for the making of such repairs, may 
 be taken from the revenue fund in case there is no other fund 
 applicable. The certificates of sale made under the provis- 
 ions of this title shall, from the time of sale and record 
 thereof, constitute a lien upon the land and premises sold 
 ATSkd described in the certificates : provided, however, that the 
 lien and claim of every purchaser of lands hereafter sold, or 
 taxes or assessments, shall terminate from and after the 
 expiration of ten years from the date of sale, unless such 
 purchaser or his assigns shall within that time have given 
 
Title VIII. 
 
 83 Department of Arrears. 
 
 the notices required by this title to entitle him to a deed of 
 said premises and shall have applied for and received such 
 deed, and it shall be the duty of the registrar of arrears to 
 -cancel on the records in his office all such sales where no 
 deed shall have been delivered within ten years from the 
 "date of sale. 
 
 Chap. 580, Laws of 1894. 
 
 See Chap. 353, Laws of 1894. 
 
 ^ 5. Am^ person or persons having an estate in or any 
 mortgagee of any of the lands and premises sold in pur- 
 ■suance of the third section of this title, whose estate or lien 
 ?ip pears on record in the County of Kings, may at any time 
 before the expiration of one year after notice shall have been 
 ^iven to him of such sale by the purchaser or his assigns in 
 the manner hereinafter provided, or before a deed of said 
 premises shall have been delivered, as provided in section 
 four of this title, redeem said lands and premises by pajdng 
 to the registrar of arrears for the use of purchaser or his 
 assigns the sum paid by him on such sale, and ten per 
 •centum on the same, but such percentage shall not exceed 
 the sum of one hundred dollars on any one parcel of land 
 «old. And on such redemption there shall be paid on the 
 aggregate amount made up of the sum paid by the pur- 
 •chaser at the sale and the said percentage, interest from the 
 ■date of said sale at the rate of fifteen per centum per annum 
 and one dollar for each notice (not exceeding six) served as 
 hereinafter provided, together with all such sums which shall 
 have been paid by such purchaser or his assigns for taxes, 
 assessments or water rates on said lands levied, imposed or 
 becoming due after the tax, assessment or water rate for 
 which the sale was made, with interest thereon from the 
 date of such payments, respectively, at the rate of nine per 
 centum per annum (which said payments said purchaser or 
 his assigns is hereby authorized to make). And upon fiHng 
 with the registrar of arrears a duplicate receipt for such 
 payments, the date and amount of such payments shall be 
 entered upon the record of such sale in the office of said 
 registrar of ai'rears, and the amount so paid and entered 
 shall be included, with interest thereon, as aforesaid, in the 
 
Department of Arrears. 84 Title VIII. 
 
 amount to be paid on the redemption of the said premises, 
 as herein provided. Such notice shall be in writing and 
 shall be served by deliveriog* a copv thereof to the person or 
 persons aforesaid personally, except in case of a non-resident 
 of this State, in which case such notice may be served either 
 personally or by depositing the same in the j)ost office of the 
 City of Brooklyn, inclosed in a post i)aid wrapper, directed 
 to such person or persons at his or their place of residence. 
 Such notice shall be served by a person of full age, who shall 
 make an affidavit of service in every case, stating the time, 
 place and manner of the service, the name and residence of 
 the person making the service, the interest of the party 
 served in the premises, and his knowledge as to the identity 
 of the person served, and such affidavit shall be tiled 
 in the office of the registrar of arrears within one 
 month after the date of service, and shall be prima 
 facie evidence in all courts and places of the facts stated 
 therein ; provided, however, that if any estate in any of said 
 lands shall be held by any heir or devisee of a decedent 
 whose estate appears of record in the County of Kiugs, or if 
 any mortgage or lease shall be held by the executor or ad- 
 ministrator of any decedent whose mortgage or lease aj)pears 
 of record in the County of Kings, such heir, devisee, executor 
 or administrator shall be entitled to redeem and to have no 
 tice as aforesaid. When any person entitled to redeem or to 
 have notice under this section or his name, or part of his 
 name, or his place of residence remains unknown to the pur- 
 chaser or his assigns, after diligent inquiry, or where such 
 person, being a resident of this State, is and has been six 
 months continually absent from the State, or avoids service, 
 so that personal service cannot be made, an order for the 
 service of such notice by publication may bo made b}" a j udge 
 of any court of record residing in the County of Kings, upon 
 a petition of said purchaser or his assigns, and upon proof 
 satisfactory to the judge, by affidavit or otherwise, that proper 
 and dihgent effoit has been made to serve such notice upon 
 such person, and that he, his name or part of his name, or 
 his place of residence cannot be ascertained, or if he is within 
 the State that he avoids service so that personal service can- 
 not be made, or being a resident of the State that he had 
 
Title VIII. 
 
 85 Department of Arrears. 
 
 been continuously absent therefrom for six months next be- 
 fore granting the order. Such order must direct that service 
 of said notice be made by the publication thereof in two 
 newspapers, designated in the order as most likely to give 
 notice to the person intended to be notified by such descrip- 
 tion or designation, if his name be unknown, as the judge 
 shall direct, for « specified time, which the judge deems rea- 
 sonable, not less than once a week for four successive weeks, 
 and by leaving a copy of such notice at the place of residence 
 of such person, where his place of residence is within the 
 State, and known to the pui-chaser or his assigns. A certi- 
 fied copy of such order and a copy of such notice with proof 
 of the publication thereof in pursuance of such order, by affi- 
 davits made by some one of the publishers of the respective 
 newspapers designated in said order, or by some person in 
 employ of such publishers having cognizance of such pubUca- 
 tion, and proof by affidavit of the service by leaving a copy 
 of such notice at the residence of the party to be served, as 
 required by the order, shall be filed in the office of the regis- 
 trar of arrears, and shall thereupon become public records, 
 and shall be prima facie evidence in all courts and places of 
 the due service of such notice upon the person or persons 
 specified in such order ; and upon fihng said affidavits such 
 service shall be deemed complete and shall have the same 
 effect as personal service of such notice. 
 Ch. 368, Laws of 1889. 
 
 § 6. All moneys paid to the registrar of arrears upon sales 
 in pursuance of any of the provisions of this title, shall be 
 deposited by him with the treasurer of the City of Brooklyn, 
 and the surplus, if any, remaining in any case after deducting 
 the amount of th^ tax, assessment and lien and interest and 
 expenses of sale, and any costs and disbursements allowed by 
 any judgment under which said sale shall have been made, 
 shall be held for the use of, and paid over to, the person 
 legally entitled, upon his establishing his rights thereto ; pro- 
 vided, however, that interest thereon shall not be recoverable 
 or demandable from the City of Brooklyn except so far as 
 interest may have been actually received by, or be payable to, 
 said city upon any investment or deposit of said principal 
 
Department of Arrears. 8G Title VIII. 
 
 sum, or any part thereof. Any person redeeming any lands 
 from a sale under the provisions of this title, shall, at the 
 request of the person so redeeming, be allowed and credited, 
 by the registrar of arrears, toward such redemption, with the 
 amount of surplus moneys received on such sale then remain- 
 ing in the hands of the treasurer, and upon his presenting to 
 the said registrar a certificate from the comptroller showing 
 the amount of such surplus, such amount shall be applied 
 upon or toward such redemption. 
 
 § 7. Whenever such registrar shall receive satisfactory in- 
 formation that the land so sold beloDgs|to an idiot or insane per 
 son, for whose estate no committee shall have been appointed, 
 or to an infant having no guardian, he shall not execute a 
 conveyance of their land until at least one month after he 
 shall have legal evidence that such disability has been 
 removed, or a committee or guardian of the estate has been 
 appointed. And until the expiration of said month, such 
 committee or guardian may redeem such land in the same 
 manner as hereinbefore provided. 
 
 <f 8. No assignment of any certificate given on the sale of 
 lanus under the provisions of this title shall become operative 
 or have any effect until the same shall have been presented 
 to the registrar of arrears and a memorandum thereof entered 
 on the record of such sales, and a minute of such entry in- 
 dorsed on such assignment, and every such assignment shall 
 have priority according to the date such entry and minute 
 are made and indorsed. 
 
 § 9. In case of any omission by the collector of taxes and 
 assessments to make returns of unpaid taxes and assess- 
 ments, and of the registrar of water rates to make returns of 
 unpaid water rates to the registrar of arrears as required by 
 this act, it shall be the duty of said registrar, within ten 
 days after the expiration of the time prescribed before which 
 such return is to be made, to notify said collector or registrar 
 of water rates of such omission, who shall thereupon forth- 
 with cause any such return so omitted to be rendered. 
 
 ^ 10. It shall be the duty of the registrar of arrears im- 
 mediately after the confirmation of the assessed valuation of 
 
Title VIII. 
 
 87 Department of Arrears. 
 
 property as stated in yearl}' assessment roll for taxes, includ- 
 ing the assessment roll for the year immediately preceding 
 the current year, to cause to be entered therein in the column 
 headed " notices " the words " arrears " or " sold " according 
 as the fact may be, opposite to the ward numbers of lots on 
 which any arrears of taxes or water rates shall be due, or on 
 which any assessment shall remain unpaid, which taxes, 
 water rates and assessments have been due, or which were 
 confirmed twelve months prior to the first day of August 
 then last past, or which may have been sold for assessments, 
 taxes or water rates and yet be redeemable. 
 Chap. 368, Laws of 1889. 
 
 ^ 11. All returns of unpaid taxes and water rates made to 
 the registrar of arrears, pursuant to the provisions of any 
 title of this act, shall be posted by him without delay against 
 the proper lots in the ledger of arrears in his department, 
 and as such taxes and water rates are paid the payments 
 shall be noted in said ledgers. All items of water rates so 
 returned to the registrar of arrears and entered in said 
 ledgers may be collected in the same manner and as an-ears 
 of taxes. 
 
 ^ 12. The registrar of arrears, upon the requisition of any 
 person, shall furnish a bill of any arrears of assessments, 
 taxes and water rates so transmitted or returned to him ; 
 also of the amounts necessary to redeem any lot or lots sold 
 for the like dues thereon, if it, or they, be yet redeemable, 
 which shall be called a " bill of arrears of assessments, taxes 
 and water rates, and for redemption ; " and upon payment of 
 the amount his receipt thereon shall be conclusive evidence 
 of such payment, and forever free the said lot or lots from 
 all liens therein specified. 
 
 § 13. The registrar of arrears shall keep regular books of 
 account and make monthly returns to the comptroller of all 
 amounts of assessments, taxes and w-ater rates received by 
 him for collection ; also of all payments made by him to the 
 city treasurer. He shall also make a daily return to the 
 comptroller of all moneys and checks received by him, except 
 for fees for searches, as hereinafter provided ; such books and 
 
Department of Arrears. 88 
 
 Title VIII. 
 
 returns to be kept and rendered in such form and manner as 
 shall be prescribed or approved by the comptroller. All 
 moneys and checks so collected by said registrar shall by 
 him be paid over to the city treasurer on the day of their 
 collection, and a receipt of said treasurer therefor shall be 
 filed in the ofl&ce of the comptroller. In case of neglect or 
 failure by said registrar of arrears for twenty-four hours to 
 make any payment to the city treasurer, as required by this 
 act, the comptroller shall notify the mayor thereof, who 
 shall thereupon suspend him from office and proceed against 
 him as hereinbefore provided in case of nonfeasance or mal- 
 feasance in office. 
 
 § 14. There shall be kept in the office of said registrar of 
 arrears a record of all sales made for taxes and assessments, 
 which shall show the amount of each tax and assessment and 
 the aggregate amount of the taxes and assessments, with 
 interest, default, cost and expenses, and the sum for which 
 each pai'cel shall have been sold, a description of the prem- 
 ises sold by the ward, block and lot numbers, the name of 
 the person to whom sold, the date of each assignment 
 thereof, with the name of the assignee and the time of the 
 dehvery of a deed therefor. 
 
 § 15. It shall be the duty, of the registrai* of arrears to pro- 
 cure, preserve and register in his office affidavits of the pub- 
 lication of all the notices by this act, or other laws required 
 to be published in relation to the sale of lands and tenements 
 for unpaid assessments, taxes and water rates, and such affi- 
 davits shall be presumptive proof of such publication in all 
 courts in this State. The registrar of arrears, or one of his 
 subordinate officers, shall conduct all sales heieafter to be 
 made for unpaid assessments, taxes and water rates, and no 
 auctioneers' fees shall be charged thereon. Certificates of 
 sale shall be made and delivered to the purchaser at the pub- 
 lic sales for unpaid assessments, taxes and water rates with- 
 out charge therefor 
 
 § 16. Upon the application of any holder of a certificate of 
 sale, or lease of lands sold for unpaid assessments, taxes and 
 water rates, for the payment to him or her of the moneys re- 
 ceived by the collector of taxes and assessments, the depart- 
 
Title VIII. 
 
 89 Bepartment of Arrears. 
 
 ment of city works, or the registrar of arrears; for the re- 
 demption of the lands specified in said certificate or lease, it 
 shall be the duty of the registrar of arrears to examine the 
 case, and if found to be correct he shall, upon the sun^ender 
 of such certificate or lease, prepare and sign a check on the 
 treasurer in favor of the person to whom such certificate or 
 lease was issued, or to his or her assigns, for the amount re- 
 ceived in said case, and after procuring the counter- signature 
 of the comptioller thereon, he shall deliver such check to the 
 said applicant, taking a receipt for the same. All such can- 
 celled certificates of sale and leases shall be duly filed and 
 preserved in the department of arrears. 
 
 § 17. Whenever any person shall make application in 
 writing to the registrar of arrears for an official search for 
 any certificate of liens upon any lot or parcel of land in said 
 city for unpaid assessments, taxes and water rates, or sales 
 thereof for assessments, taxes and w^ater rates, the same to 
 be accompanied by a map of such property or other distinct 
 descriptions thereof, it shall be the dut}^ of said registrar upon 
 the payment of his lawful fees, as herein provided, to cause 
 such search to be made and within ten days to furnish a cer- 
 tificate, to be signed by the clerk who made such search, and 
 countersigned by said registrar of arrears; which shall state 
 all such liens, if any, existing upon such lot or parcel of 
 property or that there are no such liens thereon. The fees 
 for such searches and certificates shall be two dollars for 
 each parcel of land and shall belong to said registrar of 
 arrears, who shall, out of his own means, compensate the 
 clerks employed by him in making and preparing the same, 
 and he shall, together with the sureties upon his official bond, 
 be responsible to all persons requiring such searches to be 
 made and certificates thereof to be furnished them. 
 
 § 18. To provide the money required to pay for the parcels 
 purchased by the city under this title and the expenses of 
 serving notices of sale and the payment of taxes, water rates 
 and assessments on the premises so purchased, the comp- 
 troller is hereby authorized and directed to issue, from time 
 to time, as may be necessary, certificates of indebtednc ss, 
 which shall be called " tax certificates " and shall bear inter- 
 
Department of Arrears. 90 
 
 Title VIII. 
 
 est not exceeding five per centum per annum, and to be pay- 
 able at the office of the comptroller at some date not longer 
 than three years. They shall be signed by the comptroller 
 and mayor and countersigned by the city clerk, under the 
 seal of the citj'. If the amounts paid for redemption of par- 
 cels purchased by the city shall be insufficient at any time to 
 meet tax certificates falling due or interest on same, other 
 tax certificates shall be issued to meet such deficiency. 
 Chap. 33, Laws of 1892. 
 
 § 19. On or before the fii-st day of July in each year the reg~ 
 istrar of arrears shall furnish to the comptroller a statement 
 of all items of taxes on personal property which he may have 
 been unable to collect : also all items of taxes on lands imper 
 fectly described, with an affidavit of like tenor as is required 
 to be made by the collector of taxes and assessments in sec- 
 tion thirteen, title seven, of this act, and, if the statement 
 should be found con-ect, the comptroller shall credit the 
 account of such registrar with the amount and charge the 
 same to the account of deficiencies of taxes in the several 
 wards and shall cause such amount to be inserted in the 
 next annual tax levy following. 
 
 § 20. In case any land oflfered for sale b}' reason of the non- 
 payment of an assessment for any local improvement is not 
 sold as provided by law, after f-nd for the period of two years 
 from the time it was first offered for sale, for any term of 
 years whatever, the registrar of arrears shall be and h« is 
 hereby authorized to assign and convey the lien which the 
 said city has b^^ virtue of the said assessment upon several 
 pieces or parcels of lands to any person who will pay to the 
 said city the amount of said assessment, with all interest, de- 
 faults or other charges thereon, whether for advertisement 
 or otherwise : but no such assignment or conveyance shall be 
 made until six months after the passage of this act. And it 
 shall be the dut}' of the registrar to give persons having prior 
 title to such property, by tax or assessment sale, preference 
 in taking such assignment in such manner, that those hold- 
 ing under such sale shall be preferred to all persons claiming 
 under an earlier tax or assessment. 
 
Title VIII. 
 
 91 Department of Arrears. 
 
 § 21. Every assessment for local improvement heretofor 
 assessed and levied, or hereafter to be assessed and levied by 
 said city, or the competent authorities thereof, upon any 
 lands or premises therein situated for any local improvement, 
 is hereby declared to be and made a lien on such land and 
 premises, superior to and prior in right and effect to all 
 former assessments for taxes or water rates laid thereon, and 
 prior to all other charges thereon, whether by judgment, 
 mortgage or otherwise, and such liens shall not be deemed 
 to be proceedings against the person of the owner, or other 
 person interested in the premises, but shall be held to be 
 proceedings against the land and premises only, and it shall 
 not be necessary to state the name of the owner, or other 
 person interested in the land so assessed. 
 
 § 22. All such assessments shall be presumed to be valid 
 and legal in form and effect, and the record of the confirma- 
 tion of any such assessment by the board of assessors, or 
 other competent authority (upon which is devolved the duty 
 of apportioning, or, in the first instance, laying such assess" 
 ment), together with a proper record of the action of the 
 common council in laying such assessment and in issuing a 
 warrant for the collection of the same, shall be full and ample 
 proof in all courts and before all tribunals of any such assess- 
 ment and of the validity thereof. 
 
 ^ 23. The conveyance and assignment of such lien to be 
 given as hereinbefore authorized shall state and recite the 
 amount of such lien (which amount shall include the inter- 
 est, defaults and charges thereon), the date when said 
 premises were first offered for sale, and shall recite the fact 
 of the confirmation and levying of the assessments, and issu- 
 ing the warrant for the collection of the same, with all con- 
 venient certainty, and shall describe, with reasonable particu- 
 larity, be metes and bounds, the lands and premises so 
 conveyed. Such conveyance shall be termed and designated 
 "conveyance of assessment lien," and shall be prima facie 
 evidence of the facts therein recited, but no defects in the 
 form or substance of the recitals or statements therein con- 
 tained shall be deemed to invalidate the title of such liens so 
 
Department of Arrears. 92 
 
 Title VIII. 
 
 conveyed, but such defects shall only affect such conveyance 
 80 far as its recitals are hereby made evidence. 
 
 § 24. All such liens may be foreclosed by action, in the 
 same manner and with the like effect as mortgages are now 
 provided by law to be foreclosed, and not otherwise, and all 
 provisions of law relative to the foreclosure of mortgages and 
 the effect thereon shall apply to such foreclosures, but no fees 
 for a referee or sheriff on the sale of the lands or premises 
 affected shall, in any case, exceed twenty-five dollars, and the 
 costs and disbursements chargeable in any such action shall 
 not in any case exceed the amount of such lien and shall not 
 be a charge against the person, but only a charge against the 
 property affected ; but in case such action is defended by any 
 of the defendants, judgments for costs of the proceedings 
 made by such defense may be given against the defendants 
 so defending, and no others, as are now provided by law. In 
 case the premises affected by the assessment lien consists of 
 more than one lot upon the assessors' map of said city, or in 
 case such property is so situated that a part thereof can be 
 sold separately, the decree to be entered shall provide that it 
 be sold in lots by the assessment map, or in parcels, not 
 exceeding twenty-five hundred feet in superficial area, as the 
 same may be di^dded most advantageously, but no more of 
 such lots or parcels shall be sold in any case than sufficient to 
 satisf}" such decree. 
 
 ^ 25. No sale shall be made under a decree in any such 
 action in less than six months after the entry and filingr of the 
 decree, and prior to such sale, the owner, or any other person 
 having an estate in or lien in such premises (other than by 
 tax or assessment sale) may redeem such premises ; but in 
 case personal servico shall not be made on any owner or per- 
 son having a freehold estate in such premises, or any person 
 having a mortgage of record on such premises, the time to 
 redeem of such owners or persons having a freehold estate or 
 mortgage shall be one year after the entry of the decree, and 
 in such case sale shall not be made under such decree in less 
 time than one year after the entiy of such decree. 
 
 § 26. Such redemption may be made by tendering and pay- 
 ing the amount of such lien and interest thereon at the rate 
 
Title VIII. 
 
 93 Department of Arrears. 
 
 of fifteen per cent, per annum, and all costs and charges in 
 such action incurred, and for the purposes of such redemption 
 any party may have such costs taxed at any time, and prior 
 to judgment, upon giving notice, as now provided by law, for 
 the taxation of costs. 
 
 § 27. Prior to judgments in such actions, all parties inter- 
 ested in the premises, by tax, assessment or other title, may 
 apply to and be subrogated to the rights of the plaintiff, as 
 now by law provided in actions to foreclose mortgages, and 
 in all motions or proceedings made in such actions to be al- 
 lowed to be subrogated to the rights uf the plaintiff, all tax 
 and assessment sales and leases and certificates thereon shall 
 be held and be deemed to be valid, and the title or estate 
 thereby conveyed, good and perfect, as thereby stated or 
 recited. 
 
 § 28. The summons in every action and in every copy 
 thereof which may be delivered or served, shall have a writ- 
 ten or printed copy of the last four preceding sections of this 
 title, written or printed thereon, stating that the same are 
 extracts from this law, together with a notice that such lien 
 may be redeemed at a place in the County of Kings, to be 
 therein named (at which place a redemption or offer to re- 
 deem shall be valid and effectual), but such place maybe 
 changed within said county by order of the court, duly en- 
 tered and filed in such action. 
 
 § 29. No such foreclosure shall, however, have the effect to 
 cut off, or in any way render invalid any assessment or tax 
 on which sale has not been made, nor to invalidate any tax 
 sale held by the city, but all such prior sales may be re- 
 deemed by the purchaser under any such foreclosure at any 
 time. 
 
 § 30. Whenever any such foreclosure and sale shall be 
 made, the city shall be deemed to be and shall be relieved 
 forever from any claim or demand, for or on account of its 
 agreement to return any sum received on any former sale, 
 by reason of the former title being defective, but the title of 
 such former purchaser shall be cut off, unless such purchaser 
 shall defend and succeed in such action, or shall be subro. 
 gated to the rights of the plaintiff as herein provided : and 
 
Department of Arrears. 
 
 Title VIII. 
 
 while any such action shall be pending, the right to the re- 
 turn of such sums paid on prior sales shall be suspended. 
 
 § 31. In case such lien should be assigned and conveyed, 
 as hereinbefore provided, after the property affected has been 
 duly exposed for sale, but prior to the expiration of the period 
 of two years, such lien may not be foreclosed until such two 
 years shall be fully expired, and the title conveyed by such 
 conveyance shall not be otherwise affected by such irregu- 
 larity. Such " conveyance of assessment lien " may be re- 
 deemed at all times prior to the commencement of an action 
 to foreclose the same, or at any time when no such action 
 shall be pending or judgment in force, by paying the amount 
 thereof and all interest thereon, as by law provided, at the 
 rate of fifteen per cent, per annum. 
 
 § 32. No assignment of such '* conveyance of assessment 
 lien " shall be valid unless a record of such assignment is 
 made in the office of the registrar of arrears in the same 
 manner as records of assignments of certificates of sale for 
 taxes or assessments are required to be made. 
 
 ^ 33. No action to foreclose such a lien shall be deemed to 
 be commenced, nor shall judgment be given therein, unless a 
 notice of the commencement thereof shall be filed in the office 
 of the registrar of arrears ; but this section shall not bo 
 deemed to render unnecessary the filing of a notice of the 
 commencement of the action in the office of the county clerk 
 of the County of Kings. 
 
I 
 
TITLE IX 
 
 DEPARTMENT OF LAW. 
 
 Section 1. Tlie head of the department of law shall be the 
 attorney and counsel of the corporation. He shall be ap- 
 pointed by the mayor, as hereinbefore provided. His term 
 of office shall be for two years and shall commence on the 
 fii-st day of February next succeeding his appointment. He 
 shall have the management^ charge and control of all the law 
 business of the corporation and the departments thereof and 
 all the law business in which the city shall be interested, 
 except as hereinafter otherwise provided : draw all leases, 
 deeds or other legal papers for the city, and shall be the 
 legal adviser of the mayor and common council and the sev- 
 eral departments of the corporation. He shall have the 
 charge, management and control of, and shall conduct all 
 proceedings necessary in opening, widening, altering or clos- 
 ing streets, avenues, parks, roads or lanes and all other local 
 improvements of the same kind, and shall make all searches 
 and abstracts of title required in opening, widening or ex- 
 tending any street, avenue or square, and in extending the 
 water works and sewers and in all other acquisitions of lands 
 for the- public purposes of the city: and he shall have the 
 power and autliority, with the consent of the common coun- 
 cil, from time to time during his continuance in office, to 
 authorize an attorney or other person to appear for him, in 
 his name, for and oq behalf of the said corporation and con- 
 duct and defend suits and proceedings in all courts and 
 places. He shall receive an annual salary of eight thousand 
 dollars in full for all services rendered and performed by him 
 for the corporation, including fees arising or which may 
 accrue on any proceedings for any local improvements or 
 otherwise, all which fees, and all fines and penalties by him 
 received, shall be paid over monthly, under oath, to the 
 treasurer and an account thereof rendered to the comp- 
 troller. 
 
Department oi Law. 96 
 
 Title IX. 
 
 5 2. No deed of cession of any street or paits of streets, 
 avenues, lanes, roads or parks shall be accepted by the said 
 common council until the title to the parties ceding the lands 
 on the same shall have been examined and ascertained by the 
 said attorney and counsellor and until he shall report to the 
 common council such fact in wi-iting, the fees and expenses 
 thereof to be paid by the parties executing the deed of ces- 
 sion,, which said fees and expenses shall l^e paid into the 
 treasury for the use of the city. 
 
 ? 3. It shall be the duty of the attorney and counsel to 
 commence all actions for fines, damages and penalties for the 
 violation of any provisions of this act or of any of the ordi 
 nances of the City of Brooklyn. All moneys collected or 
 received by him in any such action he shall, on the same day 
 that he receives them, pay over to the treasurer. 
 
TITLE X. 
 
 DEPARTMENT OF ASSESSMENT. 
 
 Section 1. There shall be a department of assessment to 
 consist of a president and twelve assessors, who shall consti- 
 tute the board of assessors of the City of Brooklyn. The term 
 of office of the president shall be for two years and shall com- 
 mence on the first day of February next succeeding his 
 appointment. He shall receive an annual salary of four 
 thousand dollars. The twelve assessors hereinbefore authori- 
 zed to be appointed shall be appointed by the mayor, and 
 their term of office shall be for five years, to commence on the 
 fii-st day of September next succeeding their appointment, 
 save as in this section otherwise provided. And in order to 
 constitute a board of twelve assessors, as herein provided for, 
 the mayor of the City of Brooklyn, immediately after the 
 passage of this act, shall appoint two suitable persons to be 
 assessors of said city in addition to the ten assessors holding 
 office at the time of the passage of this act, which two said 
 assessors shall take office immediately upon their appointment 
 and quahfication. The term of office of the said two addi- 
 tional assessors shall expire on the first day of September, 
 eighteen hundi*ed and ninety-seven, and their successors shall 
 be appointed and shall hold office for the same term as the 
 successors of the other assessors in the City of Brooklyn. 
 The term of office of the two assessors appointed for the tei*m 
 commencing September first, eighteen hundred and eighty- 
 seven is hereby made to expire on the first day of September, 
 eighteen hundred and ninety-two. Each of the said assessors 
 shall receive an annual salary of three thousand dollars. 
 
 Chap. 179, Laws of 1892. 
 
 See Chap. 68, Laws of 1892. 
 
 By Chap. 356, Laws of 1894, the appointment of an 
 additional assessor was authorized. 
 
 By Chap. 449, Laws of 1894, the appointment of 
 additional assessors was authorized. 
 
 By Chap. 451, Laws of 1894, the appointment of two 
 additional assessors was authorized, but total number 
 must not exceed fourteen. 
 
Department of Assessment. 98 
 
 Title X- 
 
 <f 2. The president shall bo the head of the said depnrt- 
 ment : he shall preside at all meetings of the board, and in 
 his absence the assessors may appoint a president pro tempore. 
 
 ^ 3. The said assessors shall make out the assesbment lists 
 and rolls for local improvements and taxes, and perform such 
 other duties as may be required of them under the direction 
 of the president. Said board of assessors shall have power,, 
 and it shall be their duty, to make all assessments for taxes- 
 and local improvements (except for sewers) in the City of 
 Brooklyn in the manner by this act or other laws provided,, 
 and all provisions of law now applicable to the assessors of 
 Brooklyn, or towns in this State, in relation to assessments 
 for taxes in said city, are hereby declared to apply to the as- 
 sessors to be appointed under this act. The ward maps, 
 made, or to be made, shall continue to be in the custody of 
 said board of assessoi*s, and all assessments shall refer to 
 said maps, except in cases -^here they do not exist: and 
 where a portion of any lot of land laid down on said maps 
 shall be taken for any improvement, the residue shall be 
 deemed liable to be assessed for such improvement : and land 
 occupied by a person other than the reputed owner may be 
 assessed in the name of the occupant. 
 
 4. In all assessments of lands and tenements hereafter to 
 be made, whether for benefits from local improvements or the 
 opening, widening and extending of streets, avenues, squares^ 
 parks and places, also for water rates, in addition to the 
 known street numbers, if there be any, the same ward or 
 block numbers shall be used to designate the lots «s are or 
 may bo used to designate them in assessments for taxes, and 
 no other numbers shall be necessary, except where no ward 
 or block numbers exist. In case ward maps do not exist for 
 any ward or wards, or portions thereof, the common council, 
 shall as soon as they shall deem it advisable, cause the same to 
 be made. In every assessment for a local improvement, there 
 shall be added two per cent, for assessors' fees for the benefit 
 of the city. 
 
 § 5. There shall be ruled in the yearly assessment rolls for 
 taxes in each ward six additional columns, which shall be 
 headed respectively as follows : " amounts received," " cash- 
 
Title X. 
 
 0?) Department of Assessment. 
 
 book," "volume, folio," "reductions and cancellations," "no- 
 tices," "ai'rears." "assessments due." These columns shall 
 be used in the manner and for the purposes specified in this 
 
 Ch. 368, Laws of 1889. 
 
 6. There shall be included in every assessment for local 
 improvements, hereafter made and confirmed, such amount 
 as may be necessary to reimburse to the city th( interest 
 upon all advances made in executing such improvements ; 
 such interest always to be computed to dates three months 
 subsequent to the times of confirmation of such assessments 
 respectively, and the amounts so included in assessments for 
 interest, as well as the amounts collected for interest on 
 assessments, shall be appropriated and applied to the pay- 
 ment of interest on the city bonds issued, on account of the 
 improvements, for which such assessments were levied, and it 
 shall be the dut}^ of the board of assessors, within three 
 months after the amount of an assessment shall have been 
 determined, to apportion the same upon the property bene- 
 fitted, and to return the list thereof to the common council for 
 confirmation. 
 
 § 7. In determining value of personal property to be 
 assessed for taxes, the assessors shall have the power to 
 examine, upon oath, every person whom they shall beUeve 
 ought to be assessed for such property, and shall also have 
 power to examine, under oath, sucfh other persons, as wit' 
 nesses, in relation thereto, as they may deem proper, and for 
 that purpose may administer oaths and issue process to com- 
 pel the attendance of witnesses before them. Any person 
 who shall refuse to make, under oath, a fuU disclosure of all 
 the facts necessary to enable the assessors to make a fair and 
 just assessment of his or her personal property, w-ien duly 
 called upon by the assessors to do so, or to answer such ques- 
 tions as may be put to him or her in relation thereto, shall be 
 assessed a gross sum, which in their judgment will be to the 
 full amount of his personal estate, and shall forfeit for one 
 year all the rights and privileges given bv this act, or by the 
 the laws for the assessment and collection of taxes to persons 
 aggrieved by erroneous or excessive assessuients: It shall be=' 
 
Departmeu: of Assessment, loo . Title X. 
 
 the duty of the board of assessors to cause circulai- notices to be 
 sent through the post office, or otherwise, to all persons and 
 corporations assessed by them for personal property, stating 
 therein tlie amount assessed, also the time during which and 
 the place where applications may be made for the correction 
 of such assessments, if the same be erroneous. All such 
 notices shall have printed on them the provisions of this act 
 relating to assessments of personal property. 
 
 § 8. They shall make up and complete by the first day of 
 June in oach. year their valuations of taxable property in the 
 several wards, as estimated and assessed by them, and the 
 assessed valuations of real and personal estate so made shall 
 be entered in detail in books kept by said board called 
 annual record of the assessed valuations of real and personal 
 •estate," which books shall be kept open for examination and 
 correction until the first day of July, when they shall be 
 closed. Daring the time said books shall be open said 
 assessors shjill give due notice thereof, as required by law, 
 And during that time application may be made by any person 
 Aggiieved by the assessed valuation of his or her real or 
 personal estate to have the same corrected. In case such 
 applicativm be made in relation to the valuation of real estate, 
 it must be in wiiting, stating the ground of objection thereto. . 
 Jf in relation to [>ersonal property, the applicant shall be 
 ■examined u^wn oath. 
 
 § 9. It shall be the duty of the said assessors to attend 
 'during such examination and review, an » to make corrections 
 in the descriptions of property and in the assessed valuations 
 thereof, if in their judgment the same are erroneous. The 
 «aid assessors shall cause to be prepared from the said " bcoks 
 of annual record," after the same shall have been duly cor. 
 rected, assessment rolls or tax books for each ward of said 
 "City respectively, which shall be duly sworn to by at least two 
 of the assesbois, according to oath p:ovided by law in 
 regard tu assessment roUs in the ditierent towns of this State ; 
 4Uid further, to the eftect that they have together personally 
 ■examined, within the year past, each and every lot or parcel 
 of land, house, building or other accessible property, and such 
 iissessmeiit rolls or tux book shall, on or before the first day 
 
Title X. 
 
 101 Department of Assessment 
 
 of August, be delivered to the board of supervisors of Kings 
 County, which board shall proceed thereon in the manner re" 
 quired by law for the laying and collection of taxes No tax 
 levied and confirmed, or attempted to be levied and confirmed, 
 upon the various lots, pieces and parcels of land in the sev- 
 eral wards, except the twenty-sixth ward, in the City of 
 Brooklyn, since the year eighteen hundred and siA:ty-one, 
 shall be held or declared to be invalid by reason of tlie failure 
 or omission of the assessors of said city, or of two of them to 
 swear to the corrected assessment rolls or books of each or of 
 any of the wards of said city, or to write or indorse upon said: 
 rolls an affidavit for the several years since the year aforesaid,, 
 or for any of such years, to the efl'ect that they have together 
 personally examined within the past year each and every lot: 
 or parcel of iand, house, building or other accessible property 
 within the ward : or to the efi:ect that they have together 
 personally examined within the year past each and every lot 
 or parcel of land, house, building or other accessible property. 
 The taxes so far as the same remain unpaid which wei e levied 
 aad confirmed, or attempted to be levied and confirmed, by the. 
 supervisors of the County of Kings upon the various lots^ 
 pieces and parcels of land in the several wards of the City of 
 Brooklyn for each and every year since the year eighteen 
 hundred and sixty-one, as the same appear and were carried 
 out on the several assessment rolls or books of said several 
 wards for each and every of said years, are hereby in all 
 respects and for all purposes made and declared good and 
 valid and effectual in law : and the acts of tae said supervisors, 
 in each of said years, in apportioning, levying and confirming 
 the taxes upon the various lots pieces and parcels of land 
 designated upon said rolls or books, and in issuing and 
 delivering warrants for the collection of such taxes, are 
 hereb}' ratified and confirmed and made valid and effectual, 
 and the said taxes remaining unpaid, shall be payable with 
 interest at the rate of nine per cent, per annum from the- 
 date of such original confirmation, except as other vise pro- 
 vided in section three of title eight of this act. 
 
 , § 10. The board of assessors shall have power to rectify- 
 any errors com-nitted in the laying of any tax or assessment,. 
 
Department of Assessment. 102 
 
 Title X. 
 
 as well for general purposes as for any local improvement, 
 only in the following cases : 
 
 1. Wlien the error is entirely cleiical. 
 
 2. Wlien there is a mistake in the name of the party taxed 
 or assessed. 
 
 3. When the quantity of the real estate or nature of the 
 buildings and improvements thereon shall be erroneously 
 given. 
 
 4. When the personal estate shall be over estimated and 
 the party assessed shall have been prevented from inspecting 
 the assessment rolls, by sickness or absence from the city, 
 during the said time the same were open for examination 
 and coiTection. 
 
 5. When property has been assessed that was by law 
 exempt from tax at the time the assessment was laid. Such 
 power shall be exercised only upon satisfactory' proof of error, 
 but no correction shall be valid until it shall have been cer- 
 tified to l>y the comptroller and the collector of taxes and 
 assessments and duly entered, in red ink, in the assessment 
 list or lists in the department of collec!ion. 
 
 § 11. If a sum of money in gross has been or shall be 
 taxed for general purposes or assessed for any city improve- 
 ment uix>n any lands or premises, any person or persons 
 claiming to be interested in any divided or undivided part 
 thereof nmy pay such part of the said sum, also of the inter- 
 est and charges due or charged thereon, as the board of 
 assessors may deem and certify to be just and equitable, and 
 the rem;iinder of the sum of money so taxed or assessed, 
 together with the interest and charges, shall be a lien upon 
 the residue of the lands and premises only, which may be 
 sold according to law to satisfy the residue of such assess- 
 ment, tax, interest and charges in the same manner as though 
 the residue of said assessment and tax has been imposed 
 upon the residue of said lands or premises. It shall be the 
 duty of the said board of assessors to make SLuy such appor- 
 tionment upon application by any person interested, accom- 
 panied by a diagram of the property, showing the true 
 limits and extent of the interest of such applicant, and ail 
 such apportionments shall be recorded in the office of said 
 
Title X. 
 
 103 Department of Assessment. 
 
 board and also noted in red ink on the assessment rolls or 
 assessment registers in the department of collection or in 
 the department of arrears. 
 
 § 12. Any person who shall, by reason of any mistake by 
 himself or his agent, pay a tax or assessment for water rates 
 or for benefit upon real estate belonging to another person 
 or persons shall have a right of action to recover in any 
 court having jurisdiction from the party owning the real 
 estate at the time of levying such tax or assessment the sum 
 which he shall have paid erroneously as aforesaid, with inter- 
 est thereon, but he shall have no claim upon or recourse to 
 the city for such erroneous payment. 
 
 § 13. In case any claim shall be presented for refunding a 
 duplicate payment for an assessment, tax or water rate, 
 accompanied by a receipt of any proper officer of the city 
 therefor, such claim shall be referred to and be examined by 
 the officer receiving such payment, and, if the same shall be 
 found valid and just, said officer shall prepare and certify a 
 proper account therefor, to which shall be attached the 
 receipt for such payment, and, upon being also examined 
 and certified by the auditor and approved by the comptroller, 
 it shall be the duty of the latter to cause a warrant upon the 
 treasurer, to be executed in favor of and delivered to such 
 complainant, for the amount thereof, upon his giving a 
 proper receipt for the same. All duplicate payments so 
 refunded shall be charged by the comptroller and the treas- 
 urer to the account which received credit for the amount 
 when collected and deposited. In case any claim shall be 
 presented for refunding the whole or any part of any tax or 
 assessment which has been paid, and is claimed to be 
 erroneous by reason of such error as is named in section ten 
 of this title, the board of assessors shall examine, and, if 
 they find that any such error has been made, shall certify 
 the same and the amount thereof to the officer who received 
 such payment, and subsequent proceeding shall be taken 
 thereupon the same as are hereinbefore provided for claims 
 on account of duplicate payments. 
 
 § 14. In cases where any piece or parcel of land shall be 
 sold for any assessment or tax thereon, and there shall be 
 
Department of Assessment. 104 
 
 Title X. 
 
 separate interests, divided or undivided, at time of levying 
 sucli tax or assessment, and the same shall be made to appear 
 to the satisfaction of the board of assessors, by affidavit, they 
 may apportion the amount for which said land shall have 
 been sold, between the several interests, and the provisions of 
 law applicable to the redemption of lands from sales for assess- 
 ments and taxes and water rates shall apply to the several 
 interests and amounts apportioned ; all such apportionments 
 shall be recorded in the office of said board, and also noted 
 in red ink in the proper book kept by the registrar of arrears. 
 
 ^> 15. Whenever the attorney and counsel of the city shall 
 be of opinion that any proceeding or assessments for 
 local improvements are invalid and void by reason of irregu- 
 larity in the conducting or laying the same, he shall forth- 
 with report such opinion, and the reasons therefor, to the 
 common council, and the common council shall enter an 
 order in their minutes of proceedings declaring such assess- 
 ments invalid and void, and the said assessments shall there- 
 upon be held and deemed to be invalid and void, and the said 
 common council are hereby authorized and empowered to 
 cause the amount of such assessments to be re-assessed, and 
 to have new proceedings taken and re-assessments made, in 
 the same manner as the original proceedings and assessments 
 should have been made, and such new proceedings and re- 
 assessment shall have the same eftect as the original proceed- 
 ings and assessments would have had, had they be'^n properly 
 taken and made. 
 
 § 16. The common council, in case any such unpaid assess- 
 ments shall be rejected for want of jurisdiction in making the 
 improvements, shall cause the expense of the proceedings, 
 and all damages consequent thereon, to be paid to the parties 
 who shall be entitled thereto, out of the revenue fund. When- 
 ever any moneys shall have been paid for an assessment, and 
 a re-assessment shall be made the amount shall be credited 
 on such re-assessment to the property on which the assess- 
 ment was made ; and in case of any alteration on the re- 
 assessment, whereby the amount so paid shall exceed the 
 amount re-assessed on the same property, such surplus shall 
 be paid to the person who shall have paid the same ; and in 
 
Title X. 
 
 105 Department of Assessment. 
 
 case it shall be insufficient to pay the amount re-assessed, the 
 deficiency shall be collected in the same mauner as other 
 assessments. 
 
 § 17. Whenever the boundaries of any of the wards of the 
 City of Brooklyn shall have been altered by the board of ald- 
 ermen of said city in pursuance of law, the board of assessors 
 may provide new maps -for the wards so altered, and the 
 money required for such purpose, if no other fund be appli- 
 cable, shall be taken from the revenue fund of said city. 
 Ch. 671, Laws of 1893. 
 
TITLE XI. 
 
 DEPARTMENT OF POLICE AND EXCISE. 
 
 Section 1. The head of the department of police and excise 
 shall be the commissioner of police and excise, who shall have 
 sole and exclusive control and management as head of said 
 department of all matters of police as hereinafter provided. 
 He shall be appointed by the mayor as hereinbefore provided. 
 His term of office shall be for two years, to commence on the 
 first day of February next succeeding his appointment. He 
 shall receive an annual salary of five thousand dollars. 
 
 § 2. There shall be two commissioners of excise who shall 
 be appointed by the mayor as hereinbefore provided. Their 
 term of office shall be for two years, to commence on the first 
 day of February next succeeding their appointment. They 
 shall each receive an annual salary of two thousand five hun- 
 dred dollars. The said two commissioners of excise shall act 
 in all matters relating to excise with the commissioner of po- 
 lice and excise, and in respect to all matters of excise, but 
 not of police, shall each possess the same power as the said 
 <»mmissioner of pohce and excise, who, nevertheless, shall be 
 president of the commissioners of excise and the head thereof. 
 See Ch. 271, Laws of 1893. as to salaries of commis- 
 sioners of excise. 
 
 § 3. The said department shall have the management and 
 control of all matters relating to the police and excise, sub- 
 ject, however, to the ordinances of the common council and 
 the laws of the State . 
 
 § 4. The police force shall consist of a superintendent, one 
 clerk or secretary to said superintendent, inspectors, captains, 
 sergeants, detective sergeants, roundsmen, patrolmen, bridge- 
 keepers, doormen, the telegraph superintendent, telegraph 
 operators and linemen. The commissioner of police and ex- 
 cise shall have 'power, subject to the approval of the mayor^ 
 to appoint as many inspectors, sergeants, detective sergeants, 
 roundsmen, bridgekeepers and telegraph operators as he shall 
 deem expedient, and the bridgekeepers shall receive the same 
 
Police and Excise. 
 
 108 
 
 Title XI. 
 
 salary as patrolmen, shall be governed bv the same rules as 
 to promotion as now relate to patrolmen and shall possess 
 the same rights and privileges as other members of the 
 force. The number of patrolmen shall not exceed the num- 
 ber authorized by law, unless th« common council of the 
 City of Brooklyn shall b}' resolution, upon the application of 
 the commissioners of ix)h'cG and excise, authorize a greater 
 number, in which case they shall not exceed the number fixed 
 in such resolution, and such resolution may be passed by the 
 common council f'om time to time as that body may deem 
 expedient. And in case of an addition to the number or 
 compensation of the police force or department, the comp 
 troUer of the City of Brooklyn shall issue certificates, bearing 
 interest, for any sum not already raised for payment of the 
 force or department accordingly, and a sum sufficient for the 
 payment of the certificates so issued shall be inserted in the 
 succeeding tax levy of the City of Brooklyn, and upon the 
 collection thereof said certificates shall be paid. The com- 
 missioner of poHce and excise shall appoint all members of 
 the police force, clerks and employes and shall fill all vacan- 
 cies in the police force or police department as often as they 
 occur. The telegraph superintendent, telegraph operators 
 and telegi'aph linemen, except that they shall not be liable to 
 patrol duty, shall be subject to all rules of the department 
 and possess the same rights and privileges as other members 
 of the force. Whenever, by the death, resignation or dis- 
 missal of any person attached to the said telegraph bureau, 
 any position shall become vacant in said bureau, the commis- 
 sioner of police and excise shall fill the same by appointing 
 thereto one of the members of the uniformed police. 
 
 Chap. 695, Laws of 1893. 
 See Ch. 158, Laws of 1889. 
 Ch. 317, Laws of 1893. 
 
 ? 5. The grade of the members of the police force who are 
 patrolmen shall be as lollows : All such members who shall 
 have served three years or upwards on said force as patrol- 
 men shall be members of the first grade ; all such members who 
 have served on such force for less than three years and more 
 than one year shall be members of the second grade, and all 
 
Title XI. 
 
 109 
 
 Police and Excise. 
 
 other members who are patrolmen on said force shall be 
 members of the third grade, and all persons appointe*! patrol- 
 men shall, on their appointment, become members of the 
 third grade. Whenever any member of tbe third grade shall 
 have done service therein for one year he shall be advanced 
 to the second grade, and whenever amy member of the second 
 grade shall have done service therein for one year he shall be 
 advanced to the first grade. The annual pay or compensa- 
 tion of the members of the police force shall be fixed by a 
 majority of all the members of the board of estimate" of the 
 City of Brooklyn, and shall not be less than the salaries now 
 paid to said patrolmen and doormen, nor greater than the 
 following, namely : for patrolmen of the first grade, at a rate 
 not to exceed twelve hundred dollars per annum each ; for 
 patrolmen of the second grade, at a rate not to exceed eleven 
 hundred dollars per annum each ; for patrolmen of the third 
 grade, at a rate not to exceed one thousand dollars per an- 
 num each ; for members of the police force who are doormen, 
 at a rate not to exceed nine hundred dollars per annum each. 
 The paj^ or compensation aforesaid shall be paid monthly to 
 each person entitled thereto, subject to such deductions each 
 month from the salary, compensation and pay of members of 
 the force as are or shall be authorized by law. 
 
 § 6. The commissioner of police and excise of the City of 
 Brooklyn is hereby authorized, by and with the consent and 
 approval of a majority of the board of estimate of said city 
 and County of Kings, to fix the salary of the sup^ rintendent 
 of police of said city at an amount not less than four thousand 
 nor more than five thousand doUars per annum, and fix the 
 salaries of the inspectors of police of said city at an amount 
 not less than two thousand five hundred nor more than three 
 thousand five hundred dollars per annum, and fix the salaries 
 of the captains of police of said city at an amount not less than 
 two thousand dollars nor more than two thousand seven hun- 
 dred and fifty doUai'S per annum, also to fix the salaries of 
 sergeants of police of said cit}^ at an amount not less than 
 fifteen hundred dollars nor more than two thousand dollars 
 per annum, also to fix the salaries of all detectives attached to 
 the police department of said city at au amount not less than 
 
Police and Excise. 
 
 110 
 
 Title XI. 
 
 fifteen hundied dollars per annum, and said detectives shall 
 be known under and by tbe name of detective sergeants, and 
 shall rank tbe same as all other sergeants of police and after 
 five years continuous service as such shall be eligible for 
 promotion in the entire police force of said city under the 
 same rules and conditions applicable to the promotion of all 
 other sergeants of police in said city : also to fix the salaries 
 of the roundsmen of said city at an amount not less than 
 eleven hundred dollars nor more than twelve hundred dollars 
 per annum. 
 
 Chap. 225, Laws of 1892. 
 
 See Chap. 525, Laws of 1889. 
 jf 7. The said commissioner of police and excise shall divide 
 said city into precincts, not exceeding one precinct to each of 
 the thirty-six of the patrolmen authorized to be appointed. 
 The said commissioner may also establish sub-precincts and 
 assign therelo such sergeants, doormen, roundsmen, det**ctive 
 sergeants and patrolmen as he may deem sufficient, and shall 
 appoint a telegi'aph superintendent, telegraph operators and 
 one assistant telegraph operator. He shall appoint as many 
 captains of police as there may be precincts and assign one* 
 captain and sergeants, roundsmen, jDatrolmen, detective ser- 
 geants and doormen to each precinct. He shall also appoint 
 a counsel and fix his compensation, which shall uoc exceed 
 twenty-five hundred dollars, and appoint as many mounted 
 sergeants as he shall deem expedient ; he shall also appoint, 
 not to exceed five sm'geons, who, except that they shall not 
 be liable to patrol duty, shall be subject to all the rules of 
 the department and possess the same rights and privileges as 
 other members of the force. But all appointments hereafter 
 made of patrolmen shall be made for a probationary period 
 of six months. At the expii-ation of such probationary period 
 the commissioners shall appoint to a permanent position all 
 persons whom, during such probationary period, he shall as- 
 certain to be competent to fill the position of patrolmen. 
 
 Ch. 695, Laws of 1893. 
 
 See Ch. 451, Laws 1892 
 
 Ch. 246, Laws 1893. 
 ^ 8. The commissioner of police and excise shall detail a suit- 
 able patrolmen* to the docks, wharves and piers situated 
 * bo in original. 
 
Title XL 
 
 111 
 
 Police and Excise. 
 
 between Division avenue, extending in a straight line to the 
 East river, and the United States nav}^ yard, and to the 
 waters situated easterly of a straight line drawn from the 
 shore line of said avenue to the shore line at said navy yard ; 
 and shall also detail a suitable patrolmen* to the docks, 
 wharves and piers extending from the north end of Gowanus 
 canal, between Baltic and Douglass streets, and along both 
 sides of said canal in a southerly line to the mouth of said 
 Gowanus canal at Gowanus bay, and said patrolmen,so detailed 
 in the absence of the harbor master of the district, shall be 
 vested with and have all the powers that are vested in the har- 
 bor masters of the port of New York, in an act to provide for 
 the appointment of a captain of the port of New York, and 
 harbor masters of the port of New^ York, and defining and 
 regulating the powers and duties and compensation of said 
 officers, passed May fourth, eighteen hundred and eighty- 
 three, and being chapter three hundred and fifty-seven of the 
 laws of eighteen hundred and eighty-three. But the powers, 
 duties and jurisdiction vested in such patrolmen, shall apply 
 only to the docks, wharves and piers situated within the 
 above-described boundaries or district, and only in the absence 
 of the harbor master of the district, when they shall be exer- 
 cised by the patrolmen* exclusively, and by no other person. 
 
 § 9. The commissioner of police and excise shall have 
 power to make such rules, regulations and orders for the 
 government of the police force as he may deem proper. He 
 shall promulgate all regulations and orders to the forct 
 through the superintendent, who shall have the direction and 
 control of said force, subject to the rules, regulations and 
 orders of the said commissioner ; but in times of peril, dan- 
 ger, riot or disorder, or apprehension thereof, the said com- 
 missioner shall be subordinate to the mayor and obey his 
 orders and directions for the time being, anything in this act 
 contained to the contrary notwithstanding. 
 
 § 10. The members of the police force and the different 
 officers named shall respectively receive the following rate of 
 compensation per year for their services ; the superintendent, 
 four thousand dollars ; each inspector, two thousand five hun- 
 dred dollars ; each captain of police, two thousand dollars j 
 * So in original. 
 
Police and Excise. 
 
 11-2 
 
 Title XI. 
 
 each serf,^eant, one thousand five hundred dollars ; each de- 
 tective attached to the police department of said city, fifteen 
 hundred dollars ; each roundsman, one thousand one hun- 
 dred dollars ; each patrolman, one thousand dollars ; each 
 police surgeon, one thousand two hundred and fifty dollars ; 
 ■each doorman, eight hundred dollars, and all patrolmen shall 
 receive dufing their first 3'ear of service seven hundred and 
 fifty dollars, and thereafter an increase of fifty dollais per 
 annum, until the salary of each shall amount to one thousand 
 dollars per annum. 
 
 Oh. 525, Laws of 1889. 
 
 J? 11. No member of the department of police and excise 
 shall, for his own benefit, share in any present, fee, gift or 
 emolument for police services, additional to his regular salary 
 or compensation. 
 
 § 12. The commissioner of police and excise, for meritorious 
 and extraordinary services rendered by any member of the 
 police force in the due discharge of his duty, may permit any 
 member of the police force to retain, for his own benefit, any 
 reward or oresent tendered him therefor, and it shall be cause 
 •of removal from the police for any member thereof to receive 
 -any such reward or present without notice thereof to the said 
 commissioner. Upon receiving said notice the said commis- 
 sioner may either order the said member to retain the same, 
 or shall dispose of it for the benefit of the police pension 
 fund. 
 
 ^ 13. The expenses of the department shall be paid in the 
 «ame manner as those of other departments. Each member 
 •of the police force in such department shall hold office dur. 
 ing his good behavior and shall be liable to removal therefrom 
 only after written charges shall have been preferred against 
 him, according to the rules and regulations of the depart- 
 ;ment, and the same shall have been publicly heard and 
 examined, as prescribed in section two, title three, of this 
 act, and after notice thereof by the said department, in the 
 manner to be prescribed by said rules and regulations, except 
 that any member of the police force who shall, after quahfy- 
 Ang for office, accept any additional place of public trust or 
 
Title XI. 
 
 113 
 
 Police and Excise. 
 
 civil emolument, or who shall, during his term of office, be 
 pubhcly nominated for any office elective by the people, and 
 shall not witbin ten days succeeding the same publicly 
 decline tbe said nomination, shall be deemed thereby to have 
 vacated his office. No person shall be appointed a member 
 of the police force who has ever been convicted of felony or 
 who is not a citizen of the United States or who cannot 
 understandingly read and write the English language or who 
 shall not have resided within the State one year next preced- 
 ing his appointment. 
 
 Ch. 280, Laws of 1889. 
 
 ^ 14. No member of the said police force, under penalty of 
 forfeiting the salary or pay which may be due to him, shall 
 withdraw or resign, except by permission of the commis- 
 sioner. Unexplained absence without leave of any member 
 of the said police for five days shall, at the option of said 
 commissioner, be deemed and held to be a resignation by 
 such member and accepted as such. 
 
 ^ 15. The commissioner of police and excise shall have 
 power, in his discretion, on conviction of a member of the 
 force, for any criminal offense, or neglect of duty, or violation 
 of rules, or neglect or disobedience of orders, or incapacity, 
 or absence without leave, or any conduct injurious to the 
 pubUc peace or welfare, or immoral conduct or conduct un- 
 becoming an officer, or other breach of discif)line, t(>^ punish 
 the offending party by repremand, forfeiture and withholding 
 pay for a specified time, or dismissal from the force. In case 
 of punishment by forfeiture and withholding pay, no more 
 than thirty days' pay shall be forfeited and withheld for any 
 offense. A writ of certiorari to review a determination by 
 the commissioner of police and excise or the commissioner of 
 the fire department of the City of Brooklyn, to remove a per- 
 son employed on the police or fire department forces of said 
 city, for cause, must be granted and served within thirty days 
 after notice to him of such removal. 
 Ch. 673, Laws of 1893 
 See Ch. 467, Laws of 1887. 
 
 ? 16. The mayor of the City of Brooklyn, is hereby re- 
 invested with the powers conferred upon the mayors of cities. 
 
Police and Excise. 
 
 114 
 
 Title XI. 
 
 by article four, title five, chapter ten, part first of the revised 
 statutes, in resi3ect to requiring the services of the military iu 
 aid of the civil authorities, to quell riots, suppress insurrec- 
 tions, protect property and preserve public tranquility, and 
 the said commissioner shall not exercise said power within 
 such city. 
 
 § 17. The said oommissioner of police and excise, whenever 
 expedient, shall, on the application of any corporation or per 
 son or persons showing the necessity thereof, detail regular 
 patrolmen of the poliee force, or appoint and swear any addi- 
 tional number of special patrolmen of the police force, to do 
 special duty at any place within the said city, upon the cor- 
 poration, person or persons, by whom the application shall be 
 made, paying for the use of the city, not exceeding the same 
 rate per diem of service on such detail of special duty as is 
 paid to regular members of the force ; but the patrolmen so 
 additionally and specially appointed shall be subject to the 
 orders of the superintendent, and shall obey the rules and 
 regulations of the said department, and conform to its gen 
 eral discipline and to such special regulations as may be 
 made, and shall wear such dress or emblems as the said com- 
 missioner may direct, and shall, during the term of their 
 holding appointment, possess all tht powers, privileges and 
 discharge all duties of the Brooklyn police force applicable to 
 patrolmen. Thef person so appointed may be removed at any 
 time by the said commissioner without assigning any cause 
 therefor, upon notice to the person or persons who applied 
 for the appointment as aforesaid. 
 
 § 18. The said commissioner may also, upon any emergency 
 or apprehension of riot, tumult, mob, insurrection, pestilence 
 or invasion, appoint as many special patrolmen from among 
 the citizens as it may seem desirable, who may be paid the 
 same rate per diem as is paid to regular members of the 
 force ; and during the service of any special patrolmen, au- 
 thorized as aforesaid, they shall possess all the powers, privi- 
 leges and perform all the duties that may be by orders, rules 
 and regulations of said department from time to time pre- 
 scribed. Every such special patrolman shall wear a badge to 
 be prescribed and furnished by the said commissioner. 
 
/ 
 
 Title XI 115 Police and Excise. 
 
 § 19. All criminal process issuing out of any court, or from 
 any justice or judge in the City of Brooklyn, shall be served 
 by member of the poHce force and not otherwise ; and it 
 shall be a misdemeanor for any person not being a regular 
 member of the police, established of any city in this vState, or 
 a member of the Brooklyn police force, or a constable of this 
 State, or a police constable, or assistant police constable or a 
 sheriff, or one of the usual general deputies of any sherift* of 
 this State, to serve any criminal process within the City of 
 Brooklyn . 
 
 § 20. The members of the said police force shall further- 
 more possess in every part of this State all the common-law 
 and statutory powers of constable, except for the service of 
 civil process, and any warrant of search or arrest issued by 
 any magistrate of this State may be executed iu any part 
 thereof by any member of the said police force, and all the 
 provisions of section seven, eight and nine of chapter two, 
 title two, part four of the revised statutes, in relation to the 
 giving and taking of bail, shall apply to any arrest made as 
 aforesaid. 
 
 § 21. The said commissioner shall detail so many patrol- 
 men as shall, in his judgment, be necessary to attend all 
 courts transacting criminal business in this city. 
 
 § 22. The said commissioner shall have power to issue 
 subpoenas to compel the attendance of witnesses upon any 
 proceedings authorized by the rules and regulations of the 
 department. The commissioner of police and excise, the 
 superintendent, the inspectors and the chief clerk and deputy 
 clerk of the department are hereby authorized and empowered 
 to administer affirmations and oaths to any person sum- 
 moned and appearing in any matter or proceeding authorized 
 as aforesaid, or to take any depositions necessary to be made 
 under the orders, lules and regulations of the department or 
 for the purposes of this act. Any wilful and corrupt false 
 swearing by any witness or person to any material fact in 
 any proceeding under the said orders, rules and regulations, 
 or under these provisions, shall be deemed perjury and pun 
 iahed in the manner now prescribed by law for such offense- 
 
Police and Excise. 
 
 116 
 
 Title XI. 
 
 J? 23. Upon the present itioii of satisfcict)ry projf of due 
 service of such subpoenn, and a faihire to obey the same, or 
 of a refusal by any person appearing before said commis- 
 sioner to take oath or affirmation or to answer any proper 
 question, it shall be the duty of any justice of the supreme 
 court or judge of the city court of Brooklyn to whom the 
 same shall be presented to issue an order returnable at an 
 earl}' day requiring the person so failing or refusing to show 
 cause why an attachment should not issue against him, and 
 to adopt other and further measures to compel the witness 
 to appear and testify, and to punish disobedience, as if the 
 mattei" were legally pending in said courts. 
 
 § 24. The said commissioner shall have power to erect, 
 operate and maintain, under the general laws of the State 
 relating to telegraphs, all such lines of telegraph between 
 such places in the City of Brooklyn as shall be required for 
 the purposes and business of the department. Said commis 
 sioner shall be furnished with all such instruments, fixtures, 
 property and materials, upon his requisition, as the common 
 council shall determine, and the messenger to the superin- 
 tendent of police at his present salary shall rank as a 
 member of the uniform force of said department and shall 
 be entitled to all privileges and immunities thereof. The 
 common council shall also furnish to the department, on 
 the requisition of said commissioner, a suitable vessel to 
 carry such force as may be required to protect the shores of 
 the cit3^ In addition to such crews as he jnay deem necessary 
 for said vessel, the said commissioner shall have power to 
 detail not to exceed three patrolmen as pilots upon said ves- 
 sel, and said patrolmen so detailed as pilots shall, during the 
 time they shall be so detailed, have the grade and receive 
 the compensation of sergeants of the police force of said city. 
 No patrolman shall be so detailed until he shall have passed 
 such examination as to his qualifications for the position of 
 pilot of said vessel as the commissioner shall direct. Each of 
 said patrolmen shall during such times as he shall be so detailed 
 be in full charge and command of said vessel, subject, how- 
 ever, to the rules and regulations of the department. The 
 said patrolmen so detailed shall hold said grade and compen- 
 
Title XI. 
 
 117 
 
 Police and Excise. 
 
 sation at the pleasure of the commissiouer. And the police 
 department may make arrests on the waters adjoining the 
 city for any crime committed along the shores, or in or upon 
 any pier, wharf, bulkhead or basin, or upon any vessel 
 attached to or anchored within the same. All the courts of 
 criminal jurisdiction in the City of Brooklyn shall have juris- 
 diction to hold and punish all persons so arrested. 
 Cb. 109, Laws of 1893. 
 
 ^ 25. It is hereby made the duty of the said police force, at all 
 times of tlay and night, within said City of Brooklyn, and the 
 members of such force are hereby thereunto empowered to 
 especially preserve the public peace, prevent crime, detect 
 and «rrest offenders, suppress riots, mobs and insurrections, 
 disperse unlawful and dangerous assemblages and assem- 
 blages wliich oDstruct the free passage of public streets, side- 
 walks, parks and places, protect the right of persons and 
 property, guard the public health, preserve order at elections 
 and all public meetings and assemblages, prevent and regu- 
 late the movement of teams and vehicles in streets, remove all 
 nuisances in the public streets, parks and highways, arrest 
 all street mendicants and beggars, provide proper police at- 
 tendance at fires, assist, advise and protect emigrants, 
 strangers and travellers in public streets, at steamboat and 
 ship landings, and at railroad stations, carefully observe and 
 inspect all places of public amusements, all x^laces of business 
 having excise or other licenses to carry on business, all houses 
 of ill- fame or prostitution, and houses where common prosti- 
 tutes resort or reside, all lottery offices, policy shops and 
 places where lottery tickets or lottery policies are sold or 
 offered for sale, all gamblinjr houses, cock pits, rat pits and 
 pubUc common dance houses, and to repress and restrain all 
 unlawful or disorderly conduct or practices therein, enforce 
 and prevent the violation of all laws and ordinances in force 
 in said city ; and for these purposes, with or without warrant, 
 to arrest all persons guilty of violating any law or ordinance 
 for the suppression or punishment of crime and offences. 
 
 § 26. The superintendent, inspector and each captain of 
 police, within his precinct, shall possess powers of general 
 police supervision and inspection over all pawnbrokers. 
 
Police and Excise. 
 
 118 
 
 Title XI. 
 
 vendei'F, junk shop keepers, junk boattnen, cartraen and 
 dealers in second-band merchandise : intelligence office keepers 
 and auctioneers within said police district, and in the exercise 
 of and in the furtherance of said supervision may, from time to 
 time, empDwer members of the police force to fulfill such 
 special duties in the aforesaid premises as ma^- be, from time 
 to time, ordered by the commissioner of police and excise. 
 The superintendent, inspectors and each captain, within his 
 precinct, may, by authority in writing, empower any member 
 of the police force, whenever such member shall be in search 
 of property feloniously obtained or in search of suspected 
 offenders or evidence to convict uny person charged with 
 crime, to examine the books of any pawnbroker or his busi 
 ness premises, or the business premises of any vendor or 
 junk shop keeper or dealer in second hand merchandise or 
 intelligence office keeper or auctioneer ov boat of any junk 
 boatman. Any such member of the police, when thereto author, 
 ized in writing, as aforesaid, shall be authorized to examine 
 property alleged to be pawned, pledged, deposited, lost or 
 stolen, in whosoever possession said property may be, but no 
 such property shall be taken from the possessor thereof 
 without due process or authority of law. Any wilful inter- 
 ference with the said superintendent, with any inspector or 
 captain of police or with any member of the police while in 
 official discharge of duty shall be punished as a misde- 
 meanor. 
 
 § 27. If any member of said force, or if any two or more 
 householders shall report in writing, under his or their sig- 
 nature, to the superintendent of police that there are good 
 grounds (and stating the same) for believing that any house, 
 room or premises within the said ;f olice district is kept or 
 used as a common gaming house, common gaming room or 
 common gaming premises for therein plajang for wagers of 
 money at any game of chance, or to be kept for lewd or 
 obscene purposes and amusement, or the deposit or sale of 
 lotter}^ tickets or lottery policies, it shall be lawful for the 
 superintendent of police to authorize in writing any member 
 or members of the police force to enter the same, who may 
 forthwith arrest all persons there found offending against 
 
Title XI. 
 
 119 
 
 Police and Excise, 
 
 law, but none others, and seize all implements of gaming or 
 lottery tickets or lotteiy policies, and convey any person so 
 arrested before a magistrate and bring the articles so seized 
 to the office of the said department. It shall be the duty of 
 the said superintendent of police to cause such arrested per- 
 sons to be prosecuted and such articles seized to be destroyed, 
 as the orders, rules and regulations of the department shall 
 direct. 
 
 § 28. The several members of the police force shall have 
 power and authority to arrest without warrant and to take 
 into custody any person who shall commit, or threaten or 
 attempt to commit, in the presence of such member or within 
 his view, any breach of the peace or offense directly prohib- 
 ited by an act of the legislature or by any ordinance of the 
 City of Brooklyn : but such member of the police force shall^ 
 under the penalty of ten days' line or dismissal from the 
 force, in the discretion of the commissioner of the police and 
 excise, immediately upon such arrest, convey such offender 
 before a magistrate of the City of Brooklyn, to be dealt with 
 according to law. If the arrest is made during the hours 
 the magistrate does not regularly hold court, or if the magis- 
 trate is not holding court, such offender shall be detained in 
 a station house until the next public sitting of the magistrate, 
 and no longer, and shall then be conveyed without delay 
 before the magistrate, to be dealt with acccraing to law, 
 
 § 29. It shall be a misdemeanor, punishable by imprison- 
 ment in the Kings County penitentiary for not less than one 
 year and not exceeding two years, or by a fine of not less 
 than two hundred and fifty dollars, for any person without 
 justifiable or excusable cause, to use or incite any other per- 
 son to use personal violence upon any elector on any election 
 day in the City of Brooklyn, or upon any member of the po- 
 lice force thereof when in the discharge of his duty, or for 
 any member of the police force to wilfully neglect making 
 any arrest for an offense against the law of this State, or 
 ordinance in force in the said city, or for any person 
 not a member of the poUce force to falsely represent himself 
 as being such a member, with a fraudulent design upon per- 
 sons or property, or upon any day or time to have, use, wear 
 
1 
 
 Police and Excise. 120 Title XI 
 
 or display, without authority, any shield, buttons, wreaths, 
 numbers or other insignia or emblem, such as are worn by 
 the said police. 
 
 § 30. Any person arrested by the police may be taken be- 
 fore a magistrate on Sunday, at the usual place of holding 
 his court, for the purpose of being bailed in proper cases 
 until the next public sitting of such magistrate, then to be 
 taken before him to be dealt with according to law. 
 
 § 31. In every case of arrest by any member of the said 
 police force, the Fame shall be made known immediately to 
 his superior upon duty in the precinct wherein the arrest 
 was made by the person making the same : and it shall be 
 the duty of the said superior, within twenty-four hours after 
 such notice, to make written returns thereof, according to 
 the rules and regulations of the said department, with the 
 name of the party arrested, the alleged offense, the time and 
 place of arrest and the place of detention. 
 
 § 32. No person holding office under this title shall be lia- 
 ble to military or jury duty, or to arrest on civil process, nor 
 to service of subpoena from civil courts while actually on duty. 
 
 <f 33. The sui^ermtendent of police shall make to the com 
 missioner of police and excise quarterly reports in writing of 
 the state of the said police force of the City of Brooklyn, 
 with such statistics and suggestions as he may deem advisa- 
 ble to submit, for the improvement of the police government 
 and discipline of the said force. 
 
 § 34. The said commissioner shall cause to be kept books 
 of record of the police force, of persons arrested for offences, 
 of complaints against policemen, and the judgment of the 
 commissioner thereupon, of time lost by patrolmen, of ac- 
 counts of moneys received and expended, and for what pur- 
 pose expended, of proceedings of the department, of suspected 
 persons and places, and of the property placed in his charge 
 and of telegraph offices, and all such other books and records 
 in and for the department, and in and for the several station 
 houses, as shall be required by the business of the department. 
 
 § 35. Every member of the police force shall have issued to 
 him by the said commissioner a proper warrant of appoint- 
 
Title XI. 
 
 121 
 
 Police and Excise. 
 
 ment, signed by the said commissioner and by the chief clerk 
 or first deputy, which warrant shall contain the date of his 
 appointment and his rank. 
 
 § 36. The common council shall make suitable provisions 
 respecting security to be entered into by the commissioner 
 and officers and employes of said department, for the faithful 
 performance of their respective duties. Each member of the 
 police force and employes of the department shall take an 
 oath of office and subscribe the same before an officer of said 
 police who is empowered to administer an oath. 
 
 § 37. It shall be the duty of said commissioner to detail on 
 each day of election within the City of Brooklyn, at least two 
 patrolmen to each election poll. 
 
 § 38. The said commissioner shall take charge of and dis- 
 tribute all ballot boxes for use at general, special and charter 
 elections, and retain the custody of said boxes, except during 
 the taking, receiving and counting the votes. 
 
 § 39. It shall not be lawful for any person or persons to 
 erect, maintain, occupy or have any booth, box or structure, 
 for the distribution of ballots at any election, within one hun- 
 dred and fifty feet of any polling place, and it shall be the 
 duty of the police force, or any members thereof, to prevent 
 any booth or box or structure for the distribution of tickets 
 at any election from being erected or maintained within one 
 hundred and fifty feet of any polling place within the city 
 aforesaid, and to summarily remove any such booth, box or 
 structure, or close and prevent the use thereof. 
 
 § 40. The duties of the police surgeons and the extent and 
 bounds of their districts shall be assigned, from time to time, 
 by the orders, rules and regulations of the department. 
 
 § 41. The commissioner of police and excise of the City of 
 Brooklyn, and the commissioners of the sinking fund of said 
 city, are hereby constituted a board of trustees of the police 
 pension fund created by this act. They shall organize as 
 such board by choosing one of their number to be chair- 
 man and by appointing a secretary. The treasurer of the 
 board of police and excise shall be treasurer of the board of 
 trustees. Such board of trustees shall have charge of and 
 
Police and Excise. 
 
 12-2 
 
 Title XI. 
 
 adminster said fund, and from time to time invest the same 
 or any part thereof as they shall deem most beneficial to said 
 fund, and are empowered to make all necessary contracts and 
 take all necessary and proper actions and proceedings in the 
 premises, and to make payments from said fund of pensions 
 granted in pursuance of this act, and also pensions now 
 charged on said fund by or under existing laws, and said 
 board of trustees shall be the legal successors of the trustee 
 or trustees of the police life insurance fund. The said trus- 
 tees shall, from time to time, establish such rules and regu- 
 lations for the administration of the police pension fund as 
 they may deem best. They shall report in detail to the com- 
 mon council of the City of Brooklyn, annually, in the month 
 of January, the condition of the police pension fund, and the 
 items of their receipts and disbursements on account of the 
 same. No payments whatever shall be allowed or made by 
 said trustees as reward, gratuity or compensation to any per- 
 son for salary or services rendered to or for said board of 
 trustees. The police pension fund and all moneys, securities, 
 revenues and income thereof, in whose hands soever the same 
 may be, shall be paid over and delivered on demand to the 
 trustees of said fund hereby constituted, and shall consist of : 
 
 1. The capital, income, interest, dividends, cash deposits, 
 secui'ities and credits now belonging to said police life insur- 
 ance fund, with the addition thereto from time to time of — 
 
 2. Twenty per centum of all moneys paid into the treasury 
 of excise for Hcenses or fines ; 
 
 3. All fines imposed by the commissioner of police and ex- 
 cise upon the members of the police force ; and 
 
 4. All rewards, gifts, fees, testimonials and emoluments 
 that may be presented, paid or given to any member of the 
 police force for account of police service, except such as shall 
 be allowed by the commissioner of police and excise to be re- 
 tained by said members ; and 
 
 5. All lost or stolen moneys remaining in the hands of the 
 property clerk for the space of one year, and for which there 
 shall be no lawful claimant, and moneys arising from the sale 
 by said property clerk of unclaimed property : and 
 
Title XI. 
 
 123 
 
 Police and Excise. 
 
 6. A sum of mone}- equal to lifty cents per month for each 
 member of tbe ix)lice force and attache of the police depart- 
 ment, to be paid monthly by the comptroller of the City of 
 Brooklyn to the treasurer of the board of trustees of the 
 police pension fund from moneys deducted from the pay of 
 members and attaches of said force on account of lost time: 
 
 7. The sum of three dollars per day, or for any portion of 
 a day, for each member of the police force or attache of the 
 police department Avhose service may be required by any 
 corporation, association, person or persons whatsoever for the 
 performance of any police duty (except in criminal cases) 
 outside of the City of Brooklyn, which sum in each and every 
 case shall be paid to the treasurer of the boai-d of trustees of 
 the police pension fund for the benefit of said fund. The 
 board of estimate in the City of Brooklj'n is hereby author- 
 ized and directed from time to time, by resolution of said 
 board, to appropriate to the police pension fund from the 
 excise moneys derived by the commissioners of excise from 
 hcenses for the sale of intoxicating liquors twenty per centum 
 of the moneys so derived, and the comptroller of said city 
 shall draw his warrant therefor in favor of the trustees of the 
 said poHce pension fund, and the treasurer of s .id city shall 
 pay such wai-rants out of the said moneys received for said 
 licenses : 
 
 8. A sum of money equal to, but not greater than one per 
 centum of the monthly pay, salai-y or compensation of each 
 member of the pohce force shall be deducted monthly by the 
 comptroller of the City of Brooklyn from the pay. salary or 
 compensation of each and every member of the police force, 
 and the said comptroller is hereby authorized, empowered 
 and directed to deduct the said sum of money as aforesaid 
 and forthwith to pay the same to the treasurer of the police 
 pension fund ; provided, however, that any attache of the said 
 police department who, at the time of the passage of this act, 
 shall have serv^ed seven years and upwards upon the said poHce 
 force shall be entitled to the benefits of the pro^•isions of this 
 act upon the payment by him of a sum of money equal to 
 one per centum of the monthly pay, salary or compensation 
 of .the said attache, as hereinbefore provided for in the case 
 
Police and Excise. 
 
 124 
 
 Title XI. 
 
 of members of the police force. All the moneys derived from 
 sources mentioned in this section shall be paid over, to the 
 officers and persons having the collection or custody of the 
 same, to the trustees of the said police pension fund and 
 shall belong to and be invested as portions of said fund : 
 
 9. Fifty per centum of all the moneys paid to the city 
 clerk for or on account of dog licenses. And no part of the 
 moneys, securities, revenues or incomes of the police pension 
 fund as now constituted by law shall hereafter be diverted 
 from the purposes for which said fund was created and 
 collected. 
 
 See Sec. 9, Ch. 338, Laws of 1893. 
 
 ^ 42. The commissioner of police and excise shall have 
 power to grant pensions, as hereinafter provided, to any 
 member of the police force or attache of the police depart- 
 ment, to be paid from the police pension fund by the board 
 of trustees thereof, as follows : 
 
 1. To the widow of any member of the police force or 
 attache of the ix)lice department who shall have been killed 
 while in the actual performance of police duty, or shall have 
 died from the effects of any injury received whilst in the actual 
 discharge of such duty, or who has died or shall hereafter 
 die, after ten years of service in the ]3olice department in the 
 City of Brooklyn, provided such death shall not have been 
 caused by misconduct on his part, a sum not to exceed three 
 hundred d ollar's per annum. 
 
 2. To any child or children under eighteen years of age of 
 such member of the police force or attache killed or dying as 
 aforesaid, but leaving no widow, or if a widow, then after her 
 ■death to such child or children being yet under eighteen 
 years of age, such pension as the department of police and 
 excise shall from time to time award and order, not to exceed 
 the sum of three hundred dollars per annum. 
 
 3. To any such member of the police force or attache of 
 said police department who, whilst in the actual performance 
 of poUce duty and by reason of the performance of such duty, 
 and without fault or misconduct on his part, shall have be- 
 ■come perfectly disabled, physically or mentally so as to be 
 
Title XI. 
 
 125 
 
 Police and Excise. 
 
 unfitted to perform full police duty, a sum not to exceed three 
 hundred dollars per annum. 
 
 4. To any such member of the police force or at. ache of 
 the said police department who shall, after ten years' mem- 
 bership, become superannuated by age or rendered incapable 
 of performing full police duty by reason of disabilty or 
 disease contracted without misconduct on his pai't, a sum not 
 to exceed three hundred dollars per annum. 
 
 5. To any such member of the police force or attache of said 
 police department who shall, after fifteen years' of member- 
 ship, become superannuated by age or rendered incapable of 
 performing full police duty by reason of disability or disease 
 conti-acted without misconduct on his part, a sum not to 
 exceed four hundred dollars per annum. 
 
 6. Any such member of the police force or attache of said 
 police department who has or shall have performed police 
 duty for a period of twenty years or upwards, shall, upon his 
 own application in writing, be retired from service and 
 placed upon the police pension roll, and thereupon shall be 
 awarded, granted and paid from said police pension fund by 
 the trustees thereof an annual sum during his lifetime equal 
 to one-half the full pay of a member of said police force of 
 the rank of the member so retired, provided, that in the case 
 of any attache of said police department, he shall have served 
 for not less than seven years as a member of ce force 
 of said department to entitle him to the benefit of the pro- 
 visions of this section. 
 
 7. In every case mentioned in subdivisions three, four and 
 five of this section the said commissioner of police and excise 
 shall determine the circumstances thereof in his discretion 
 and may order the retirement from service and the payment 
 of the pensions mentionsd in this title, but only after the 
 certificates and recommendations of the surgeons in writing 
 shall be on file, as required by the provisions of section forty- 
 one of this title, under such rules and regulations as he may 
 prescribe, but all payments on account of said police pension 
 fund shall be made quarterly by check or draft upon the 
 trustees of said fund, signed as said trustees may direct. 
 
 8. * Pensions to widows shall terminate when the widow 
 shall remarry, and pensions to children shall terminate when- 
 
Police and Excise. 
 
 126 
 
 Title XI. 
 
 ever the cliildreu shall respectively arrive at the age of 
 eighteen years. The commissioner of police and excise may, 
 in his discretion, order any pensions granted or any part 
 thereof to cease, except to members of the police force and 
 attaches retired after twenty years* service, as provided in 
 this section, but in all such cases the said commissioner shall 
 file with the trustees of the police pension fund a written 
 statement of the causes which determined him in ordering 
 any pension so to cease, and nothing herein contained shall 
 render the granting or payment of such pensions obligatory 
 on the said commissioner or upon the trustees of the said 
 fund or chargeable as a matter of right upon the said fund, 
 except as provided in subdivision six of this section. 
 
 <? 43. In determining the term of service of any member of 
 the police force or attache of the police department, service 
 in the former metropolitan police department and subse- 
 quently in the police department of the City of Brooklyn shall 
 be counted and held to be police service in the police depart- 
 ment of the City of Brooklyn. No member of the police force 
 or attache of the police department shall be awarded, granted 
 or paid a pension on account of physical or mental disability, 
 or disease, unless upon the certificate and recommendation of 
 the board of surgeons of the department of police and excise, 
 which shall set forth in detail the cause, nature and extent of 
 the disability, disease or injury of each member of the police 
 force, or attache of the police department who may be placed 
 upon the pension roll and said certificate shall distinctly state 
 whether or not such disability, disease or injury was incurred 
 -or sustained by said member of the police force, or attache, in 
 the performance of police duty and without misconduct on 
 his part, and such certificate shall in each case be filed with 
 and entered upon the minutes of the trustees of the police 
 pension fund. 
 
 § 44. All property or money alleged or supposed to have 
 been feloniously obtained, or which shall be lost or abandoned, 
 and which shall be thereafter taken into custody of any mem- 
 ber of the police force, or which shall come into the custody 
 of any police justice, shall be by such member or justice 
 .given into the custody of and kept by the said commissioner ; 
 
Title XI. 
 
 127 
 
 Police and Excise. 
 
 and all such property and money shall be particularly regis- 
 tered in a book kept for that purpose which shall contain, 
 also a record of the names of the persons from whom such 
 property or money was taken, the names of all claimants 
 thereto, the time of the seizure and any final disposition of 
 such property or money. 
 
 § 45. Whenever property or money shall be taken from 
 persons arrested and shall be alleged to have been feloniously 
 obtained, or to be the proceeds of crime, and whenever so 
 brought with such claimant and person arrested before some 
 magistrate for adjudication, and the magistrate shall be then 
 and thej e satisfied from evidence that the person arrested is 
 innocent of the offense alleged, and that the property right- 
 fully belongs to him, then said magistrate may thereupon, in 
 writing, order such property or money to be returned, and 
 the said commissioner shall deliver such property or money 
 to the accused person himself, and not the attorney, agent or 
 clerk of such accused person. 
 
 ^ 46 If any claim to the ownership of such property or 
 money shall be made on oath before the magistrate, by or 
 in behalf of any other person than the person arrested, and 
 the said accused person shall be held for trial or examina- 
 tion, such property or money, or so much thereof as may, in 
 the judgment of the district attorney, be necessarj^ shall re- 
 main in the custody of the said commissioner until the dis- 
 charge or conviction of the person accused. 
 
 § 47. All propert}^ or money taken on suspicion of having 
 been feloaiously obtained, or being the proceeds of crime, 
 and for which there is no other claimant than the person 
 from whjm such property was taken, and all lost property 
 coming into possession of any member of said police force, 
 and all property and money taken from pawnbrokers as the 
 proceeds of crime, or by auv such member from persons sup- 
 posed to be insane, intoxicated or otherwise incapable of tak- 
 ing care of themselves, shall be transmitted as soon as prac- 
 ticable to the said commissioner, to be duly registered and 
 advertised, for the benefit of all parties interested and for the 
 information of the public, as to the amount and disposition 
 of the property so taken into custody by the police. 
 
Police and Excise. 128 
 
 Title XI. 
 
 § 48. All of said property that shall be determined by the 
 said commissioner to be perishable shall be sold at public 
 auction, aftor bavin been advertised for throe consecutive 
 days in a corporation newspaper, and all of said property not 
 determined by said commissioner to be perishable, shall be 
 so advertis'^d and sold after the same has remained in his 
 custody for the j^eriod of six months without any lawful 
 claimant thereto : and the proceeds of the sale of said perish- 
 able property, after the expiration of six months from the sale 
 so remaining unclaimed, with the proceeds of the sale of said 
 other propei-ty, immediately after its sale, tosfether with any 
 money remaining in his custody unclaime'^ for six months, 
 shall be paid into the police pension fund. 
 
 § 49. If any property or money 'placed in the custody of 
 the said commissioner shall be desired as evidence in any 
 pohce or other criminal court, such property shall be deliv- 
 ered to any officer vpho shall present an order to tliat effect 
 from such court : such property, however, shall not be re- 
 tained in said court, but shall be returned to said commis 
 sioner to be disposed of as hereinbefore provided. 
 
 § 50. The said commissioner shall, at all times, cause the 
 ordinances of the City of Brooklyn, not in conflict with the 
 provisions herein contained, to be properly enforced ; audit 
 shall be his duty at all times, whenever consistent with the 
 rules and regulations of the department, and with the re- 
 quirements of this act, to furnish all information desired. 
 
 ^ 51. The said commissioner shall have authority to offer 
 rewards to induce all classes of persons to give iuformation 
 which shall lead to the detection, arrest and convection of 
 persons guilty of homicide, arson or receiving stolen goods, 
 knowing them to be stolen. Such reward shall be paid from 
 the " reward fund," which fund shall be formed by investing 
 from moneys deducted from the pay of members of the police 
 force on account of lost time, at a rate not exceeding fifty 
 cents per month for said members respectively, to which 
 shall be added all sums subscribed or contributed by insur- 
 ance companies and other citizens, and which shall be f)aid 
 into the treasury and kept as a separate fund, to be called 
 the " reward fund." The trustees of the police pension fund 
 
Title XI. 
 
 129 Police and Excise. 
 
 shaU be the trustees of said fund and shall invest and 
 manage the same and have the same powers in relation 
 thereto as are confen-ed on them by law in relation to the 
 police pension fund. 
 
 j 52. The owner, agent or lessee of a steam boiler or 
 boilers or steam generator or generators in use in the City of 
 Brooklyn or upon floats, lighters, barges, canal boats or other 
 similar vessels attached to the docks, piers or wharves of the 
 City of Brooklyn, shall annually, and at such time and in 
 such manner and such form as may by rules and regulations 
 be made therefor by the commissioner of police and excise of 
 the City of Brooklyn, report to the said commissioner the 
 locality of such steam boiler or boilers or steam generator or 
 generators : where the owners of the steam boiler or boilei-s 
 or steam generator or generators is a corporation having its 
 main office in the City of Brooklyn and the steam boiler or 
 boilers or steam generator or generators is or are in use upon 
 a floats li.i^hter, barge, canal boat or other similar vessel 
 attached to the docks, piers or wharves of the City of Brook- 
 1yd, the said steam boiler or boilers or steam generator or 
 generators shall be inspected under the direction of the com- 
 missioner of police and excise, as herein provided ; where the 
 managinLT owner or owners of the steam boiler or boilers or 
 steam generator or generators in use as aforesaid is 
 a i>ersou or persons other than a corporation residing 
 in the City of Brooklyn, the said steam boiler or boilers 
 steam generator or generators, shall be inspected under the 
 direction of the commissioner of police and excise as herein 
 provided ; upon receiving the report of the owner, agent or 
 lessees as aforesaid the said commissioner shall forthwith as 
 soon as practicable cause to be inspected such steam boiler or 
 boilers or steam generator or generators, and all apparatus 
 or appliances connected therewith, but no pei*son shall per- 
 form such duties unless he be a practical engineer, and the 
 strength and security of each boiler shall be tested by hydro- 
 static pressure, and the superintendent of steam boilers, or 
 the inspectors, shall limit the pressure of steam to be applied 
 to or upon such boiler or steam generator, certifying each 
 inspection and such limit of pressure to the owner or owners 
 
Police and Excise. 
 
 130 
 
 Title XL 
 
 of the boiler or steam generator inspected, and also to the 
 engineer in charge of the same : and no greater amount of 
 steam or pressure than that certified in the case of any boiler 
 or steam generator shall be applied thereto. In limiting the 
 amount of pressure wherever the boiler or steam generator 
 under test will bear the same, the limit desired by the owner 
 agent or lessee of the boiler or steam generator shall be the 
 one certified. Every owTier, agent or lessee of a steam boiler 
 or boilers in use in the Cit}' of Brooklyn shall, for the inspect- 
 ing and testing of such boiler, or each of such boilers, as pro- 
 vided for in this act, and upon receiving from the superin- 
 tendent of boilers a certificate setting forth the location of 
 the l^oiler inspected, the date of such inspection, the persons 
 by whom the inspection was made and the limit of steam or 
 pressure which shall be applied to or upon such boiler or 
 each of such boilers, pay annually to the commissioner of 
 police and excise for each boiler or generator, for the use of 
 the police pension fund, the sum of two dollars, such certifi- 
 cate to continue in force for one year from the granting 
 thereof, when it shall expire, unless sooner revoked or sus- 
 pended. Such certificate may be renewed upon the payment 
 of a like sum, and on like conditions to be applied to a like 
 purpose. A certificate issued under the provisions of this act 
 shall exempt the boiler or steam generator described therein 
 from any further inspection throughout the State until the 
 expiration of said certificate. The provisions of this act shall 
 not apply to any steam boiler or generator used for heating 
 in public schools or private dwellings. 
 
 Ch. 350, Laws of 1894. 
 
 See Ch. 118, Laws of 1891. 
 
 ? 53. The said commissioners shall preserve, in proper 
 form, a correct record of all inspection of steam boilers and 
 of the amount of steam or pressure allowed in each case, and 
 in cases where any steam boiler or the appliances or apparatus 
 connected therewith shall be deemed b}^ the commissioner* 
 after inspection, to be insecure or dangerous, he shall pre- 
 scribe such changes and alterations as may render such 
 boilers, apparatus and appliances secure and devoid of dan- 
 ger. And in the meantime, and until such changes and 
 
Title XI. 
 
 131 
 
 Police and Excise; 
 
 alterations are made and such appliances attached, siicb 
 boiler, apparatus and appliances may be taken under the 
 control of said commissioner and all persons prevented from 
 using the same, and, in cases deemed necessar}^ the appli- 
 ances, apparatus or attachments for the limitation of pressure 
 ma}^ be taken under the control of the said commissioner, and 
 no owner of any steam boiler or his agent shall act or employ 
 any person as engineer without their having a certificate as 
 to qualification from practical engineers, to be countersigned 
 by the said commissioner. 
 
 § 54. Any person applying, or causing to be apphed, to* 
 any steam boiler a higher pressure of steam than that limited 
 for the same, in accordance with the provisions of this act, 
 shall be guilty of a misdemeanor, and whenever any owner of 
 any steam boiler in the City of Brooklyn shall fail or omit to 
 have the same reported for inspection, as provided for hy 
 this act, such boiler may be taken under the control of the 
 said commissioner and all persons prevented from using the 
 same until it can be satisfactorily tested, }is herein provided 
 for, and the owner shall, in such case, be charged with the 
 expense of so testing it. For the purpose of carrying out 
 the provisions of the last two sections, the said commissioner 
 shall appoint a superintendent of ste'^m boilers, who shall be 
 a practical engineer, and who shall examine all applicants for 
 certi6cates as engineers and shall superintend a,nd direct the 
 inspection of all steam boilers, steam generators and appur- 
 tenances, as provided for in this act, and the said commis- 
 sioner shall also appoint not to exceed six boiler inspectors, 
 who shall l)e skilled machinists. The said superintendent 
 and inspectors shall possess the same rights and privileges 
 as members of the police force. 
 Ch. 118, Laws of 1891. 
 
 Sections 55, 56, 57 and 58 repealed bv Chapter 373 
 Laws of 1889. 
 
 § 59. It shall be the duty of every member of said police 
 iorce to arrest all persons found actually engaged in the com- 
 mission of an oflfense in violation of the excise laws, and 
 lorthwith to earn such persoi before some m agist <:^i.te, to be 
 dealt with according to law : and if such olfense be.iutoxica- 
 
Police and Excise 
 
 132 
 
 Title Xr 
 
 tion, and such magifltrat« shall, after due examination, deem 
 the person brought before him too much intoxicated to be 
 examined or to answer on oath correctly, he shall direct the 
 member of the pohce force who made the arrest to keep said 
 person in some jail, lock-up, or other safe and convenient 
 place, until he shall become sober, and thereupon forthwith 
 to bring him before said magistrate. 
 
 § 60. The commissioners of excise shall have the powers 
 and perform the duties which are nowconfeired upon boards 
 of commissioners of excise in this State under the provisions 
 of an act entitled : ** An act regulatiufj; the sale of intoxicating 
 liquors," passed April eleventh, eighteen hundred and seventy. 
 
 ^ 61. The department shall, subject U) the provision of 
 of said act and to the ordinance of the common council, pro- 
 vide for the granting of licenses to sell intoxicating liquors, 
 to persons to whom such licenses shall be given, the amount 
 of the fee for license, in all cases, and the regulations under 
 which the persons licoiisetl may sell. 
 
 § 62. The said dei)artment is hereby empowered to grant 
 licenses in the manner and form as may be directed by tho 
 common council, or as in default thereof the said department 
 may determine, and it shall be its duty to enforce the pro- 
 visions of the excise laws and of any ordinance of the common 
 council in respect t«» the matter, to report all violations 
 thereof to the law department immediately, with the facta 
 and evidence of such violation. 
 
 § 63. The commissioner of police uud excise is hereby 
 authorized and empowered to make and establish suitable 
 rules and regulations for all public buildings, theatres or 
 other places of amusement that he may deem necessary for 
 the protection of life. Any owner, lessee, manager, agent or 
 other person in charge who shall violate or permit the vio- 
 lation of any rule or regulation established by said commis- 
 sioner, as herein provided, shall be deemed guilty of a 
 misdemeanor, and in addition thereto shall forfeit and pay a 
 penalty of one hundred duUais, to be sued for and recovered 
 by-thacity. 
 
Title XI. 
 
 133 
 
 Police and Excise. 
 
 § 64 The said commissioDer of police shall appoint suit- 
 able persons as keepers of all bridges in the City of Brook- 
 lyn, who shall perform all the duties, and be subject to the 
 regulations and ordinances of the common council. The 
 said persons so appointed shall be under the direction and 
 control of the commissioner of police and excise, and may be 
 superseded at any time by the said commissioner. 
 
 § 65 Whenever the commissioner of police and excise in 
 the City of Brooklyn shall determine that any of the real or 
 personal property of the department of police and excise is 
 not required for its purposes, he shall file with the comp- 
 troller of the City of Brooklyn a list of such property, and 
 within thirty days thereafter the same shall be disposed of as 
 the common council may direct, and the proceeds thereof 
 shall be paid into the treasury to the credit of said depart- 
 ment, and may be drawn by the said commissioner as directed 
 by the common council, for the purpose of purchasing other 
 real or personal property for said department, as may be 
 directed by said common council. 
 
 § 66. Whenever the commissioner of police and excise 
 shall be of opinion that any member of the police force 
 deserves promotion on account of any gallant or meritorious 
 deed in the discharge of his duty, the commissioner may 
 recommend thersaiil promotion, as he deems fit and proper, 
 to the mayor, and he shall transmit with such recommenda- 
 tion a full written statement of the deed ujlon which such 
 recommendation is based, together with the verified state- 
 ment of at least two witnesses thereof, if there be such 
 number, together with the complete record of the person 
 recommended since his appointment in the department. It 
 shall be the duty of the mayor to examine into such applica- 
 tion and the statement submitted therewith, and if he be 
 satisfied that the deed was one of exceptional gallantry and 
 bravery, he may approve in writing the application of the 
 commissioner, and may consent to the promotion recom- 
 mended or to a promotion of lesser degree. And upon 
 approval of the mayor, as aforesaid, the commissioner hereby 
 is authorized and empowered forthwith to promote such 
 member as such promotion may be approved by the mayor, 
 
Police aud ExcUe. 
 
 i.j-t 
 
 Title XI. 
 
 provided there be any vjioancj', and if there be no vacancy 
 then existing, it shall be the dut}^ of the commissioner to 
 write the name of such member upon a list, which shall be 
 .kept in the department, to be known as " the list of honor," 
 together with the date of the approval of the mayor as afore 
 3aid, and the promotion to which he is entitled ; and wheu- 
 <ever a vacancy occurs, which may be tilled from such list, it 
 ^hall first be filled from such list in order of seniority there- 
 on, and said commissioner is hereby authorized aud em 
 powered to make such promotion. Such promotions as are 
 iiereby authorized shall be made irrespective of any other 
 examination or qualitication whatever and all laws and regu 
 lations inconsistent with the provisions of this section are 
 liereby expressly repealed as far as they condiot with its 
 tj>rovisions. 
 
 Ch. 580, Laws of 1893. 
 
TITLE XII. 
 
 DEPARTMENT OF HEALTH. 
 
 Section 1 The head of the department of health shall be 
 the health commissioner. He shall be appointed by the mayor 
 as hereinbefore provided. His term of office shall be for two 
 years, to commence on the first day of February next succeed- 
 ing his appointment. The board of estimate of the City of 
 Brooklyn and County of Kings shall have power to fix his 
 salary at a sum not exceeding five thousand dollars per 
 annum. 
 
 Ch. 307, Laws of 1890. 
 
 § 2. Said health commissioner shall have power to act in a 
 legislative capacity in regard to all matters pertaining to 
 public health, the removal and burial of the dead, the main- 
 tenance and operating of an ambulance service for the speedy 
 removal of sick and needy persons, the registration of births, 
 marriages and deaths, and to the registration of vital sta- 
 tistics in the said city, and to make such rules and regulations 
 and such appointments of officers and employes as he may 
 deem necessary for the proper carrying out and enforcement 
 of all laws, ordinances and codes that may be prescribed for 
 the government of said department for the protection of the 
 public health, and for the proper care and registration of 
 such statistics. 
 
 § 3. The said health commissioner is hereby authorized 
 and directed to prepare such ordinances as he shall deem to 
 be required for the protection of the public health, and for 
 securing the proper registration of births, marriages, deaths, 
 and such other statistical information necessary for the effi- 
 cient working of the department, with penalties for their 
 violation, which ordinances shall be by him submitted to the 
 common council, and when approved by said common council 
 shall have and possess the same power and effect as other 
 ordinances of said city, and shall be carried out and executed 
 by said health commissioner. No ordinance, so prepared and 
 approved, shall be repealed or amended without the approval 
 of the health commissioner. 
 
Department of Health. 136 
 
 Title Xn. 
 
 § 4. Said health commissionei* shall have exclusive power 
 to appoint a secretary, sanitary superintendent, register of 
 records, and vital statistics inspector, and such other officers 
 and employes as he may deem proper and necessary to the 
 efficient, safe and economical discharge of the duties by this 
 act devolved on him, and to fix their compensation : provid- 
 ing, however, that the whole expense of admin isterin*? said 
 department shall not exceed the sum appropriated therefor 
 by the board of estimate, and all expenditures so incurred, 
 for whatever purpose, shall be made and met in such man- 
 ner as is provided for in other departments of the citj'^ gov- 
 ernment. It shall be the duty of the commissioner of police 
 and excise to execute the orders of the health commissioner 
 when so rec(uested by him. 
 
 5. In the presence of great and imminent ])eril to public 
 health of the City of Brooklyn by reason of impending pesti- 
 lence, it shall be the duty of said commissioner to take such 
 measures and do and order and cause to be done such acts, 
 and make huch expenditures (beyond those duly estimated 
 for as provided) for the preservation of the public health 
 from such impending pestilence as he may, in good faith,, 
 declare the public safety and health to demand, and the 
 mayor of said city, and the president of the medical society 
 of Kings CJounty, shall also in writing approve. And suck 
 peril shall not be deemed to exist except when and for such 
 period of time as the mayor, president of the medical society 
 and health commissioner shall by proclamation declare. 
 
 6. The said health commissioner shall have full power to 
 enforce and cariy out all ordinances, rules or regulations for 
 the preservation of the public health, and for the registration, 
 of vital statistics as are now or may be hereafter enacted by 
 the common council of the City of Brooklyn, in the manner 
 prescribed by this act, and to prohibit in said city any busi- 
 ness or practice which said health commissioner shall declare 
 to be dangerous or detrimental to the public health. But no 
 established business or the rights to property of any person 
 sfiall be interfered with or prohibited, until the offender or 
 offenders therewith charged, shall have been duly summoned 
 by notice ^ of not less than five days, to appear before said 
 
Title Xn. 
 
 1 37 Department of Health. 
 
 commissioner to show cause why such declaration or order of 
 prohibition shall not be enforced against the said party or 
 parties charged : nov until they shall have an opportunity to 
 l)e heard. And upon the rendition of the decision of the said 
 commissioner, that said business or practice is detrimental to 
 fhe public health, the said person or persons so charged shall 
 have the right of appeal from such decision to the city court 
 of Brooklyn, upon petition reciting the said charges and 
 decisions, directed to the said city court of Brooklyn, a copy 
 of which petition shall be duly served upon the said commis- 
 sioner within five days from the rendition of his said decision. 
 And the said city court shall proceed to a hearing and deter- 
 mination of such matter, which hearing shall be by trial of 
 the issues embraced in the said petition, before said court, 
 upon such day as the said court shall fix at its then existing 
 or first term thereafter ; and the decision of said city court 
 in said matter shall be final. But no such appeal shall be 
 had or taken, until a bond, to be approved by the court, shall 
 have been duly filed with the court, conditioned in the sum 
 of five hundred dollars, that the said appellant will pay to the 
 said commissioner, all costs which may be awarded against 
 such appellant or appellants in case the decision rendered by 
 the said commissioner and appealed from, shall be affirmed by 
 final judgment. 
 
 ^ 7. The department of city works in conjunction with the 
 <lepartment of health shall have full and exclusive power to 
 make contracts for the removal of all oflfal, dead animals, 
 night soil, garbage or other refuse matter from the City of 
 Brooklyn for a period not exceeding five years, and to 
 require and receive bonds in such form and amount as the 
 said departments jointly may approve, for the faithful per- 
 formance by the person or persons to whom such contracts 
 may by said departments in their discretion have been 
 awarded, of all and every of the provisions of such contracts, 
 and to cancel and revoke all contracts made by them, or 
 which may be entered into under this section, as well as all 
 existing contracts for the removal of the matters aforesaid, 
 whenever the contractor shall refuse or neglect to perform 
 any of the stipulations of such contract. 
 
Department of Health. 1 38 
 
 Title Xn. 
 
 § 8. All contracts shall be signed by the commissioners of 
 the two departments, and no contract shall be made or ter- 
 minated except by the concurrence of said officers. All con- 
 tracts when so made shall be carried out and executed under 
 the supervision and control of the commissioner of city works, 
 but cognizance shall be always taken of any complaint of 
 neglect of duty on the part of a contractor when made by the 
 health commissioner, and the health commissioner may at 
 any time convene a joint meeting of the two said officers 
 "whenever in his opionion any contract entered into is not 
 being properly carried out or executed. 
 
 § 9. Every master and journej'man plumber carrying on 
 his trade in the (Jity of Brooklyn, shall, under the rules and 
 regulations prescribed by the said health commissioner, reg- 
 ister his name and address at the said department of health, 
 and it shall not be lawful for any person to carry on the 
 trade of plumbing in said city unless his name and address 
 be so registered. The drainage and plumbing of all build- 
 ings in said city, both public and private, shall be executed 
 in accordance with plans previously approved in writing by 
 said health commissioner. Suitable drawings and descrip- 
 tions of the said plumbing and drainage shall in each case 
 be submitted and placed on file in the department of health. 
 The health commissioner is also authorized to receive and 
 place on file drawings and descriptions of the plumbing and 
 drainage of buildings heretofore erected. Any court of 
 record in said city, or any judge or justice thereof, shall have 
 power at any time after the service of notice of the vio- 
 lation of any of the provisions of this section, and upon the 
 affidavit of the health commissioner, to restrain by injunction 
 order, the further progress of any violation of the provisions 
 of this section, or of any work upon or about the building or 
 premises upon which the said violation exists, and no under- 
 taking shall be required as a condition to the granting or is- 
 suing of any such injunction or by reason thereof. Any per- 
 son violating any of the provisions of this section shall be 
 deemed guilty of a misdemeanor. 
 
 § 10. It shall be the duty of the commissioner of police 
 and excise to direct the captain of each police precinct in the 
 
Title XII. 139 Department of Health. 
 
 dty to register in a book provided for that purpose, tke 
 names and addresses of all physicians in good and regular 
 standing within said precinct who shall make application for 
 such registry, and shall thereby pledge themselves to respond 
 to any call for medical attendance made as hereinafter de- 
 scribed. Each name thus registered shall be submitted to 
 the register of vital statistics of the department of health of 
 the City of Brooklyn whose duty it shall be to ascertain and 
 report whether said physician is in good and regular stand- 
 ing, and to transmit a certificate to such effect to the captain 
 of said precinct, and only upon receipt of such certificate 
 shall it be lawful for the captain of the said precinct to em 
 ploy such physicians as hereinafter named. The names and 
 addresses of such physicians as have been duly certified by 
 the register of vital statistics, shall be plainly and legibly 
 written or printed upon a bulletin provided for that purpose, 
 which bulletin shall be placed at a convenient point near the 
 captain's desk and kept open to the inspection of all persons 
 w^thin the precinct desiring to see the same. Upon the ap- 
 plication of any person residing within the said precinct, 
 whose name and address, together with the name and address 
 of the said persons desiring and needing such attendance, 
 and the date of the application shall be duly registered in a 
 book kept open for that purpose, it shall be the duty of the 
 captain, or any other officer at the desk, in the absence of any 
 expressed preference by the applicant, to select from the list 
 of physicians thus registered the name of the physician re- 
 siding nearest the residence of the said patient in whose be- 
 half application is made, and to notify him without delay of 
 the existence of such application. It shall be the duty of 
 the captain, sergeant or other officer at the desk in such po- 
 lice precinct, as before specified, upon registry of any appli 
 cation as described in this section, immediately to detail an 
 officer, whose duty it shall be to call upon such physician 
 without delay, and to conduct him to the residence of the 
 patient ; also, to verify by personal inspection or inquiry the 
 name and address of such patient as registered by his su 
 perior officer. Every officer thus detailed as messenger shall 
 be furnished with a blank certificate upon which the name 
 and address of the physician responding to the call, the name 
 
Department of Health. 140 Title XIL 
 
 and address of the patient attended, and tbe date and hour 
 of the visit, shall be written bv him after he has conducted 
 the physician to the patient's residence and verified the gen- 
 uineness of the application. Such certificate shall be signed 
 by him and given to the physician, and shall specify upon its 
 face that the physician herein named is entitled to the sum 
 of three dollars from the public funds upon presentation 
 thereof to the proper officer, and indorsement thereof in 
 writing with the name of the captain of the precinct. But it 
 shall be the duty of the physician making such visit to pre- 
 sent such certificate to the patient or his or her agent or at- 
 tendant, and to request payment of the sum specified : and in 
 case of such payment being made said physician shall surrender 
 such certificate to the person or persons making it, and it shall 
 cease to be a claim upon the public treasury. In default of 
 the immediate payment of the said fee specified in the said 
 certificate by the patient or his or her attemlaut, it shall be 
 the duty of the captain of the police precinct in which the 
 visit was made to indorse it with his name : and after having 
 been indorsed by the head of the department of health or his 
 deputy, it shall be the duty of the comptroller of the said 
 city to pay at sight the fee aforesaid, and to enter the pay- 
 ment in a book provided for that purpose and take up the 
 certificate. And all certificates thus redeemed shall be valid 
 debts to the amount therein named against the patient therein 
 named or their guardian, which the said commissioner of 
 health of said city may order collected by due process of law ; 
 provided that no prosecution shall be instituted in cases 
 where it is satisfactorily shown that the patient is without 
 sufficient means for the payment thereof. It shall be the 
 duty of every physician thus called to the medical assistance 
 of any person within the police precinct in which he is regis- 
 tered, to transmit to the register of the department of health, 
 within twenty-four hours after the call shall have been 
 answered, a full and accurate statistical exhibit of the case, 
 specifying therein the age and sex, and the employment, pro- 
 fession or business of the patient, the nature of the disease, 
 the hour of the attack when practicable, the date and the 
 police precinct and ward in which the case occurred ; the 
 same shall be signed with the full name and address of the 
 
Title Xn. 
 
 141 Department of Health. 
 
 physician rendering it, but the name and address of the 
 patient shall always be omitted ; and it shall be the duty of 
 the commissioner of health to provide all physicians thus 
 registered for night medical service with appropriate blanks 
 for the said purpose, upon their apphcation therefor. Any 
 policeman who shall be detailed as a messenger according to 
 the provisions hereinbefore specified, shall, in the absence of 
 preference expressed in application, call the physician nearest 
 and most convenient to the patient's residence, or, in the 
 afeseuce or refusal from any cause of the latter, the physician 
 next nearest, and so on, and there shall be no delay or wait 
 ing for such physician to return ; and any member of the 
 force neglecting to comply with this provision shall be sub- 
 ject to trial and fine or dismissal from the service, by the 
 head of the department of police and excise in the same man- 
 ner as for other offences cognizable by the said body ; and 
 any physician thus registered who shall twice refuse or neg- 
 lect, without reasonable excuse, to answer a call made accord- 
 ing to provisions of this act, shall be subject to have his name 
 erased from the list, upon proper evidence thereof submitted 
 to an executive officer who shall be appointed by the register 
 of vital statistics of the department of health, and shall be 
 under his immediate supervision. The captains of the several 
 police precincts if, in their judgment, it shall be necessary to 
 the pubhc convenience, may cause the bulletins of physicians 
 herein specified to be posted iu any public place or store 
 within their respective precincts, as they shaU deem advisable, 
 under the direction of the head of the poHce department ; 
 but any appUcant desiring the service of any messenger other 
 than a member of the police force detailed for the purpose, 
 shall employ such messenger at his own expense, and shall 
 be liable for any expenses incurred in communicating with 
 the poHce precinct. The time during which the physicians 
 registered under this act shall be held to be subject to call, 
 shall be between the hours of ten in the evening and seven 
 in the morning, from October first to March thirty-first, 
 inclusive, and between the hours of eleven in the evening and 
 six in the morning from April first to September thirtieth, 
 inclusive. 
 
Bepartment of Health. 
 
 142 
 
 Title Xn. 
 
 § 11. The board of estimate of the City of Brooklyn is 
 hereby authorized and directed to apportion and insert in 
 their estimate of the expense of said city, in each yt ar, an 
 amount necessary' for the support of the aforesaid night 
 medical service, when its organization shall have been estab- 
 lished as aforesaid, but in no case shall the sum so appor 
 tioned exceed three thousand dollars for any one vear, and 
 the amount so apportioned shall be inserted in the tax levy 
 of said city. 
 
 4? 12. The mayor, with the commissioner of the department 
 of health and the commissioner of the department of city 
 "works of the City of Bix)oklyn, are hereby constituted a com- 
 mission, with power and authority by this act, to' select a site 
 in or near the City of Brooklyn, County of Kings, for the 
 erection of public hospitals f(jr the reception and treatment 
 of persons suflfering from infectious or contagious diseases. 
 After such a site has been selected as aforesaid, it shall be 
 purchased at a fair market value or leased by said commis- 
 sioners. And the said commission is thereupon and they are 
 hereby authorized to applv to the supreme court, at a special 
 term thereo', to be held in the County of Kings for the ap- 
 pointment of three commissioners to ascertain and appraise 
 the amount of damage, if any, which may be done to any 
 property or interests therein by reason of the occupation of 
 said public hospitals by the persons suflfering from infectious 
 or contagious diseases. Said commissioners so appointed 
 shall meet immediately after their appointment and shall be 
 sworn before Rome officer authorized to administer oaths, 
 faithfully and impartially to perform the duties which shall 
 devolve upon them by virtue of said appointment, and shall 
 then proceed with all reasonable diligence to ascertain and 
 appraise the amount of damage, if any, as aforesaid. They 
 shall give public notice to all parties interested of the time, 
 place and object of their meeting by a notice published in 
 the corporation newspapers of the City of Brooklyn for ten 
 days successively, and shall at said meeting and from time 
 to time as they shall determine, hear all persons interested in 
 said matters and shall take such testimony as may be offered 
 on behalf of said interested persons on behalf of the City of 
 
Title XII. 143 Bepartment of Health. 
 
 Brooklyn as to the damage to propertv and interests thereio 
 which may be done thereto by reason of the occupation and - 
 use of said public hospitals by persons suffering from infec- 
 tious or contagious diseases. Any maps, diagrams or plans- 
 which may be required by said commissioners in the per- 
 formance of their duties shall be furnished, upon their re- 
 quest, l)y the commissioner of city works of said City of 
 Brooklyn. The said commissioners shall prepare a report, 
 setting out in detail their conclusions accompanied with a. 
 map showing the location of the property affected, and a tab- 
 ular statement of the amounts awarded, the interest affected 
 and the persons entitled to awards. Said report shall be pre- 
 sented to the supreme court at a special term thereof on anjr 
 day upon a notice published in the corporation newspapers for~ 
 ten days successively and, that said report be presented to 
 said court for confirmation. The said court shall hear any 
 objections to said report or any part thereof, and may either- 
 confirm the same or send it back to the commissioners of es- 
 timate, who shall thereupon reconsider the same and again 
 report the result to the said court and their said report shall 
 again be presented to said court for confirmation upon a 
 similar notice as heretofore provided for. Said court shall 
 again hear objections and may confirm the same or send the 
 same back as before provided. If the said report is- 
 confirmed, said confirmation shall be final and con- 
 clusive, but the same shall be sent back and reconsidered as- 
 often as said court may deem necessary. The City of Brook- 
 lyn shall pay to each commissioner the sum of five dollars 
 per day, for every day necessarily spent by him in the per- 
 formance of his duty under this section. Upon the taking of 
 the oath by said commissioners, as herein provided, the City 
 of Brooklyn is authorized to enter upon and use the said) 
 public hospitals for the purposes provided for in this section^ 
 The board of estimate of the City of Brooklyn is hereby au- 
 thorized to include from year to year in its annual report^, 
 the sum or sums necessary for the purchase or lease of said 
 site for the erection and maintenance of said public hospitals 
 and for the payment of the damages ascertained to be done 
 to the property and interests therein, by reason of the use 
 and occupation of said public hospitals for the purposes. 
 
Department of Health. 144 
 
 Title XJOL 
 
 mentioDod iu this section, and the sum or sums so reporte«l 
 shall be included in ths annual tax levies of said city. Any 
 money which may be required for immediate use for any of 
 the purposes aforesaid, or for the payment of the commis- 
 sioners, or other expenses incurred in carryin<i^ out the pro- 
 visions of this section may be raised by the issue of tax cer- 
 tificates as other tax certificates are issued in said city, the 
 payment of which shall be provided for in the next annual 
 budget After such site has been selected as aforesaid either 
 by purchase or lease, and whenever funds have been provided 
 in the manner aforesaid, the said commissioners are empow- 
 ered by this act to take such property by purchase or lease 
 in the name of the City of Brooklyn, after the corporation 
 counsel shall have approved the validity of the title to 
 the same. The management of said hospitals shall 
 be under the direction and control of the commissioner of 
 the department of health iu the City of Brooklyn. The said 
 commissioner of the department of health of tue City of 
 Brooklyn shall make rules and regulations for the conduct 
 and government of said hospitals. He shall appoint all phy 
 sicians who shall be doctors of medicine, holding degrees 
 from medical colleges in good standing. He shall appoint 
 such employees, nurses and servants as may be necessary and 
 determine their salaries, and shall regulate the scale of prices 
 for those who are able to pay for admission and treatment. 
 But no pei-son having any infectious or contagious disease 
 shall be refused admission to these hospitals because of his 
 or her inabihty to pay. The commissioner of the depart 
 ment of health is hereuy authorized to cause to be removetl 
 to these hospitals any person or {persons afflicted with 
 contagious or infectious diseases whose house and sani 
 tary surroundings are not satisfactory to the said com 
 missioner. All moneys received from patients treated in 
 these hospitals shall be paid into the city treasury. 
 Chap. 245, Laws of 1891. 
 
TITLE XII.l. 
 
 DEPAETMENT OF FIRE 
 
 Hection 1. The head of the department of fire shall be the 
 fire commissioner. He shall be appointed by the mayor, as 
 hereinbefore provided. His term of office shall be for two 
 years, to commence on the first day of February next suc- 
 ceeding his appointment. He shall receive an annual salary 
 of five thousand dollars. 
 
 § 2. The said commissioner shall possess and exercise full 
 and exclusive control and management of all matters relating 
 to the government, managoment and maintenance of the fire 
 department and the premises and property thereof, subject 
 to the direction of the common council, and shall have sole 
 and exclusive official power and authority to extinguish fires 
 in the City of Brooklyn. The said commissioner shall also 
 have power to provide for and regulate the inspection of fire 
 hydrants and is authorized to appoiot such laborers as may 
 be necessary for the inspection of fire hydrants. Any such 
 laborer who shall be directed to inspect fire hydrants accord- 
 ing to the regulations established by said commissioner shall 
 have power to open and examine any fire hydrant writhin the 
 City of Brooklyn ; and in case any hydrant shall be found to 
 be clogged up, frozen, or out of repair, or for any other rea- 
 son not to be in good working order, it shall be the duty of 
 the person who shall make such inspection and discovery to 
 immediately report the same in writing to the water pur- 
 veyor, appointed as hereinafter provided in this act. 
 Chap. 104, Laws of 1894. 
 
 § 3. The common council shall provide supplies, horses, 
 tools, implements and apparatus of any and all kinds (to be 
 used in the extinguishing of fires), and ^re telegraphs, pro- 
 vide suitable locations for the same ; and shall have power to 
 buy, sell, construct, repair and have the care of the same, and 
 take any and all such action in the premises as may be nec- 
 essary and proper. 
 
 § 4. Whenever the said fire commissioner shall determine 
 that any of the real or personal property of said department 
 
Department of Fire. 
 
 Title Xni. 
 
 is not required for its pur|X)8es, he sball file with the comp- 
 troller of said city a list of such property, and within thirty 
 days thereafter the same shall be disposed of as the common 
 council m-iy direct, and the proceeds thereof shall be paid 
 into the treasury to the credit of said department, and may 
 ■ be drawn as directed by the common council for the purpose 
 •of purchasing other real or personal property for said depart- 
 ment as ma}' be directed by said common council. 
 
 § 5. The said commissioners shall have pow3r to select a 
 isecretary, chief and assistant engineers, and a superintendent 
 of the repair's to the fire apparatus in the fire department, 
 'who shall be rated as the district engineers in said depart- 
 •meut, and shall be entitled to the same privileges, immuni- 
 ;tie8 and compensation as the district engineers in said de- 
 partment, and as many officers, clerks, foremen, engineers, 
 drivers, inspectors and bell ringers as may be necessary, pro- 
 vided that the salaries of such emploj'es, in the aggregate, 
 shall not exceed the amount annually raised by the pnjper 
 officei-s for such pur|x)ses. The said employes shall at all 
 times be under the control of the commissioner, and perform 
 ■such duties as may be imix)sed u\Km them by the said com- 
 missioner. 
 
 Chap. 190, Laws of 1890. 
 
 ^ 6. The firemen, engineers and drivers appointed by the 
 fire commissioner as hereinbefore provided, shall each receive 
 for his services a salary of one thousand dollars per annum ; 
 provided that all firemen, engineers and drivers shall during 
 the first year of their service receive a salary of seven hundred 
 
 -dollars per annum, and thereafter an increase of fifty dollars 
 iper annum, until the salary of each shall amount to the sum 
 
 • of one thousand dollars per annum. The grade of the firemen 
 and engineers of the fire department shall be as follows : All 
 such members who are below the gi-ade of engineers, and 
 
 : shall have served three years or upwards in said department, 
 shall be firemen of the first grade; all such firemen who 
 
 *have served in said department for less than three years and 
 
 ^more than one year, shall be firemen of the second grade ; 
 and all other firemen who are in said department, shall be 
 Bremen- of^ the third grade ; -and all peisons appointed fire- 
 
Title Xni. 
 
 147 
 
 Department of Fire. 
 
 men shall, on their apjx)iutment, become tiremen of the toird 
 gi'ade. Whenever any firemen of the tidrd gi-ade shall have 
 done service therein for one year he shall be advanced to the 
 second grade, and whenever any fireman of the second grade 
 shall have done service therein for one yeai', he shall be 
 advanced to the fii*st grade. Engineers of steamers who shall 
 have serve<:l thi-ee yeai's or upwards in said department shall 
 he engineers of the first gi'ade : all such engineers who have 
 served in said department for less than three years and more 
 than one year, shall be engineers of the second gi-ad(: : and 
 all other engineei*s who are then in said department, shall be 
 engineei-s of the third grade. The annual pay or compensa- 
 tion of the uniformed membei-s of the department shall be 
 fixed by a majority of all the membei-s of the board of esti- 
 mate of the City of Brooklyn, and shall not be less than the 
 salaries now paid to said membei-s, and not greater than the 
 following, namely : for firemen of the first gi'ade at a rate not 
 to exceed twelve hundred dollars per annum : for firemen of 
 the second grade at a rate not to exceed eleven hundred dol- 
 lar per annum : for firemen of the third grade at a rate not 
 to exceed one thousand dollars per annum. Also, fix the pay 
 of bell lingers at a rate not less than nine hundred, nor more 
 than one thousand dollars per annum. Also, fix the pay of 
 engineei-s of steamers for the first year's service at the sum 
 of eleven bundled dollars per annum, and thereafter yearly 
 an increase of one hundred dollars per annum, until the salary 
 of each shall amount to the sum of thirteen hundred dollars 
 per annum. The pay or compensation shall be paid monthly 
 to each member, and the said board of estimate shall not have 
 power to reduce the present pay received by the members 
 of the department. The veteiinary surgeon shall be subject 
 to the same laws and regulations as the uniformed force, and 
 the said veterinary surgeons shall rank the same as a district 
 engineer in said depai'tment, and the salary shall not exceed 
 that of the district engineer, nor shall it be less than the 
 salary now paid to the veterinai-y surgeons as aforesaid. 
 
 7. The aforesaid officers and men, with their apparatus 
 of all kinds, when on duty, shall have the right of way at any 
 fire and in any highway, street or avenue, over any and all 
 
Department of Fire. 
 
 148 
 
 Titie XIII. 
 
 TehicleB, of any kind, except those carrying the United States 
 mailfi, and any person in, or upon, or owning any vehicle, 
 who shall refuse the right of way, or in any way wilfully ob- 
 struct any fire apparatus or any of said officers while in per- 
 formance of duty, shall be guilty of a misdemeanor, and be 
 liable to punishment for the same. 
 
 § 8 The names of all members of the fire department shall 
 be duly enrolled under the direction of the fire commissioner. 
 It shall be a misdemeanor for any person not so enrolled or 
 employed, or appointed by the said commissioner, to wear 
 the whole or any part of the uniform or insignia prescribed 
 to be worn by the rules and regulations of the department, 
 or to do any act as firemen not duly authorized by the com- 
 missioner, or to interfere with the property or apparatus of 
 the fire department in any manner, unless, by the authority 
 of the said commissioner. No member of the fire department 
 shall be liable to military or jury duty while performing his 
 duty as a fireman. 
 
 i> 9. It shall be the duty of said commissioner to make suit- 
 able regulations under which the officers and men of the de- 
 partment shall be required to wear an appropriate uniform 
 and badges, by which, in case of fire, and at other times, the 
 authority and relations of such officers and men may be 
 known, and the commissioner shall have power, in his dis- 
 cretion, on conviction of a member of the department for any 
 legal ofifense, or neglect of duty, or violation of rules, or 
 neglect or disobedience of orders, or incapacity, or absence 
 without leave, or any conduct injurious to the public peace or 
 welfare, or for immoral conduct, or any other breach of dis- 
 cipline, to punish the oftending party by reprimand, forfeit- 
 ing or withholding pay for a specified time, or dismissal 
 from the department ; but no more than ten days' pay shall 
 be forfeited and withheld for any offense : but no member 
 employed on the force for extinguishing fires shall be re- 
 moved without cause, and then only after a public trial by 
 the said commissioner of the department of fire, and after 
 having been found guilty of misconduct or neglect of duty, 
 or having been adjudged incapable of performing his duties ; 
 
Title XIII. 1^9 Department of Fire, 
 
 and the evidence on such trial shall be taken in full, and kept 
 AS a pubhc record. 
 
 Chap. 371, Laws of 1889. 
 
 i 10. In case there should hereafter be any fire in the City 
 of New York, which, in the opinion of the commissioners of 
 the New "York fire department, or a majority of them, shall 
 require the presence and co-operation of a greater number of 
 officers or men or apparatus tban may be at the command or 
 under the control of said New York fire department to extin- 
 guish the said fire, it shall be the duty of said New York fire 
 <^ommissioners, and they are hereby empowered to request, in 
 ^ATiting, the fire commissioner of the City of Brooklyn to 
 tissist them with officers, men and apparatus, or either of 
 them, from the said City of Brooklyn, to aid in putting out 
 and extinguishing the said fire, and it shall be the duty of 
 the said fire commissioner, when so called upon, to furnish 
 the same. And in case there shall hereafter be a fire in the 
 City of Brooklyn, which, in the opinion of the fire commis- 
 sioners of said city, shall require the presence and co-opera- 
 tion of a greater number of officers or men or apparatus than 
 may be at the command or under the control of said fire com- 
 missioner, to extinguish said fire, it is hereby made the duty 
 of said fire commissioner, and he is hereby authorized to 
 request, in writing, the commissioners of the New York fire 
 department to assist him with officers, men and apparatus, or 
 either of the same, to aid in putting out the said fire, and it 
 shall be the duty of the said New York fire commissioners to 
 furnish the same ; and in case any expense is incurred by 
 the said commissioner of the City of Brooklyn in aiding the 
 said New York fire commissioners, as hereinbefore provided, 
 the amount of such expense, when duly certified under oath 
 by the fire commissioner of the City of Brooklyn to the said 
 New York fire commissioners, shall be paid to the City of 
 Brooklyn by the City of New York ; and in case any expense 
 is incurred in furnishing the aid provided in this act by the 
 said New York fire commissioners to the said fire commis- 
 sioner of the City of Brooklyn, it shall be the duty of the City 
 of Brooklyn to refund the same to the City of New York, 
 when the same shall have been duly certified under oath by 
 the said New York fire commissioners. 
 
I>epartment of Fire. 
 
 150 
 
 Title XIII. 
 
 § 11. The said commissioner shall provide for protection 
 against fire, and may provide for the arrest of all persons 
 who may, at or near any fire, commit or attempt to commit 
 any crime against the laws of this State, or may violate any 
 rule or any regulation of said department. 
 
 § 12. When a building shall be on fire in said city, the 
 fire commissioner, or in his absence, the chief engineer, may 
 order such building or any adjoining building, to be pulled 
 down or otherwise destroyed, if he shall deem it likely to 
 convey the fire to another l)uilding. 
 
 § 13. Any person who shall be or shall have been injured 
 or damaged by reason of the pulling down or destruction of 
 any building in said city, as provided in the last preceding 
 section, for the purpose of preventing the spreading of fire, 
 may institute against the said city an action to recover com- 
 pensation for such injury or damages; and in case a final 
 judgment be recovered in such action against the city, the 
 amount so recovered, with interest, and all the costs and ex- 
 penses of the city in the defense of such suit, shall be paid 
 out of the revenue fund. 
 
 § 14. All fines imposed by the fire commissioner upon 
 memberc of the fire depai'tment, by way of discipline, and 
 collectable from pay or salary, and all rewards, fees, proceeds 
 of gifts and emoluments that may be paid and given for ac- 
 count of extraordinary services of any member of the depart- 
 ment (except when allowed to be retained by said member), 
 and all moneys received for penalties, under the provisions of 
 this title, shall be paid into the treasury to the credit of the 
 firemen's insurance fund. The payments so made shall con- 
 stitute and be kept as a fund to be called the " firemen's in- 
 surance fund," and the fire commissioner and the commis- 
 sioners of the sinking fund are hereby declared to be the 
 trustees of the said fund, and they shall have power, and it 
 shall be their duty, from time to time, to invest the same, in 
 whole or in part, as they shall deem most advantageous for 
 the objects of said fund : and they are empowered to make 
 all the necessary contracts and take all necessary remedies in 
 the premises : and the said trustees for and on behalf of the 
 usee and purposes of said fund shall be entitled to receive. 
 
Title XIII. 
 
 151 
 
 Department of Fire. 
 
 and there shall be paid to them bv the treasurer of the Citj 
 of Brooklyn, annually, all the percentage or tax on the re- 
 ceipts of the foreign ,fire insurance companies doing business 
 in the City of Brooklyn, and the amount so received shall be 
 applied to and used for the purposes of said insurance fund 
 as herein provided 
 
 See Ch. 338, Laws of 1893. 
 
 § 15. An}' officer or member of the fire department who 
 shall, while in the actual performance of his duty, and by- 
 reason of such performance of duty, and without fault or 
 misconduct on his part become permanently disabled, physi- 
 cally or mentally, so as to be unfitted to perform duty, and 
 any such officer or member who shall, after ten years' mem- 
 bership, become superannuated by age, or rendered incapable 
 of performing duty by disease contracted without misconduct 
 on his part, may be placed on the pension roll of the firemen's 
 insurance fund, and granted and paid a pension of not exceed- 
 ing one-half of the annual compensation allowed such officer 
 or member, as salary at tbe date of his retirement from the 
 service from the said fund. In every case the circumstances 
 thereof, shall be determined by a board to be composed of the 
 deputy commissioner, the chief engineer, and a surgeon of the 
 department, who shall report all the facts in every case to 
 the commissioner who shall order the payment of the pen- 
 sion to be made by drafts, signed as the said trustees shaB 
 direct, and such pension shall not be reduced or discontinued 
 previous to the death of said reti?'ed pensioner. If any 
 officer or member of the department, while in the actual dis- 
 charge of his duty, shall be killed or shall die from the 
 effects of any injury received by him while in the actual 
 discharge of said duty, or shall die after ten continuous years 
 in the service of the department (such death not being 
 caused by misconduct on his part), or shall die after having 
 been retired from actual service, leaving a widow, the name 
 of such widow may be placed on such pension roll, and there 
 may be granted and paid to said widow a pension of three 
 hundred dollars per year, from said fund, so long as she re- 
 mains unmarried. If such member dying, as aforesaid shaU 
 
Department of Fire. 152 Title XIII. 
 
 leave any minor child or children, but no widow (or if a 
 widow, then after her death), the name or names of such 
 child or children, under the a<?e of eighteen years, may be 
 placed an said pension roll, and a pension from said fund 
 granted and paid to such child or children; if more than one, 
 to be divided equally between them: such pension or share 
 of pension to cease on the said child or children, respectively, 
 arriving at the age of eighteen years, or wlienever earlier 
 discontinued by order of the commissioner. In every case 
 the commissioner shall determine the circumstances thereof, 
 and order payment of the pension to be made by draft, 
 signed as the said trustees shall direct ; but nothing herein 
 contained shall render any payment of said pension obliga 
 tory upon the said commissioner or upon said trustee, or 
 chargeable as a matter of legal right upon the said firemen's 
 insurance fund. The commissioner or commissioners of the 
 fire department, in his or their discretion, for proper cause, 
 and after investigation, may at any time order such pension, 
 or any part thereof, to cease. There shall be deducted by the 
 comptroller of the City of Brooklyn, from the monthly pay 
 of each officer and fireman of said department, and from that 
 of the other employees of said department, as shall desire to 
 avail themselves of this provision, and by the trustees of the 
 fireman's insurance fund from the monthly pension of such 
 retired members of the department who had contributed to 
 said fund before retirement, the monthly sum of one cioUar, 
 which shall be received and held by the trustees of the in 
 surance fund herein created, in the like manner as the other 
 moneys herein provided to be paid to them, and which shall 
 be known as the Brooklyn fire depai'tment widows' and or- 
 phans' relief fund; and in case of the death of any member 
 or employee of said department in the service thereof, or re- 
 tired pensioner, so contributing, there shall be paid to the 
 widow or legal representative of such deceased member or 
 employee or retired pensioner, the sum of one thousand 
 dollars out of the money so assessed; and in the case by rea- 
 son of the number of deaths, the aggregate amount of the 
 money so provided to be assessed and collected should prove 
 inadequate to make such payment, then the assessment may, 
 in the discretion of the tr,ustees, be increased to not exceed 
 
Title Xm. 
 
 153 Department of Fire. 
 
 the sum of two dollars in each months pay. The said com- 
 missioner of the fire department of the City of Brooklyn 
 may direct the trustees of the Brooklyn fire department wid- 
 ows' and orphans' relief fund to pay from said fund to the 
 widow of any deceased retired pensioner of said fire depart- 
 ment who had contributed to said fund previous to his said 
 retirement, and who, by reason of said retirement, was de- 
 barred from further contributing to or receiving any of the 
 benefits of said fund, such sum of money as the widow of 
 said retired pensioner would have been entitled to receive if 
 said retired pensioner had not been retired from said fire de- 
 partment at the time of his death. 
 
 Chap. 153, Laws of 1889. 
 
 See Chap. 477, Laws of 1888. 
 
 § 16. The commissioner, for meritorious and extraordinary 
 services rendered by any member of the department in the 
 due discharge of his duty, may permit such member to retain 
 for his benefit any reward or present tendered him therefor : 
 and it shall be the cause of removal from any department for 
 any member thereof to receive any sach reward or present 
 without notice thereof to the commissioner. Upon receiving 
 said notice, the said commissioner may either order the said 
 member to retain the same, or shall dispose of it for the 
 benefit of the firemen's insurance fund. 
 
 § 17. The said commissioner is hereby authorized and em- 
 powered to investigate, examine, and inquire into the origin, 
 details and management of fires in said city, and also of any 
 supposed cases of violations of any of the several provisions 
 of law under this title, or any of the several regulations, 
 orders or special du'ections issued by said commissioner for 
 the purpose of the discovery of any delinquency in the non- 
 performance of duty, or violation of discipline on the part of any 
 officer, agent, or employee of said commissioner, or any sup- 
 posed cases of arson or incendiarism, which may be brought 
 to his notice ; and said commissioner, in and about any 
 examination, investigation or inquiry, authorized hereby, 
 touching any matter or thing therewith connected, may sub- 
 poena and compel the attendance of person or persons, and 
 the production of any books, papers, archives or documents 
 
Department of Fire. 134 Title XIII, 
 
 in his or their possession, or under bis or their control, in the 
 judgment of said commissioner, connected with and necessary 
 to such examination, investigation, or inquirj' before him, at 
 the time and place therein named ; and for the purpose 
 aforesaid, the attornej- and counsel to the City of Brooklyn may, 
 at any time, obtain to be issued subix)enas out of the 
 supreme coiu-t, issued under the name of a justice of said 
 court, in like form and with like effect, as though issued by 
 said justice in any action pending in a court of record ; and 
 said subpoena may be served, and proof of such service may 
 be made in the same manner as now by law provided for the 
 service of subpoenas out of the said court ; and upon proof 
 of service and proof of non-comphance, failure to attend and 
 testify on the part of any person or persons, as required by 
 said subpoena, or a failure or refusal on the part of said per- 
 son or persons, to produce any such books, papers, ai'chives, 
 or documents in his or their possession, or under his or their 
 control, or a failure or refusal on his or their part to answer 
 any question put to him or them, and pertinent thereto, upon 
 any examination, inquiry', or investigation as aforesaid, apph- 
 catiou may be made before any justice of said court, who 
 shall, in case he shall decide such question pertinent and 
 proper to be answered, thereupon cause to be arrested, and 
 may punish as for a contempt of the orders of said court, the 
 person or persons named in said subpoena, and in such case 
 the laws, rules, and proceedings relating to punishments for 
 contempts, and usual in said' court, or before any justice 
 thereof, shall be applicable thereto. Said commissioner in 
 conducting any examination or inquiry as aforesaid, may 
 cause to be administered, by a commissioner of deeds or no- 
 tajry pubUc, any oath, or affirmation, in the manner and form 
 usually administered in said supreme court, and any false 
 swearing, under said oath or affirmation thus administered, 
 shall be perjury, and punishable as such, in such manner as 
 now provided under the law applicable thereto ; and said 
 examination or investigation may be continued and adjoui'ned 
 by the said commissioner conducting the same, from time to 
 time, and at such time and place as shall be designated, and 
 any person subpoenaed as aforesaid, shall attend and testify 
 upon said adjourned day or days and at the time and place 
 
Title XIII. 
 
 155 Department of Fire. 
 
 designated, and of which they shall have been notified, as 
 though the same had been named in said subpoena, and with 
 like effect as to any failure to appear and ansAver under the 
 requirements therein contained ; provided that any testimony 
 or evidence taken as aforesaid, shall be for the information 
 and instruction of said commissioner in the discharge of his 
 duties, and in the prevention of future fires and the protec- 
 tion of property, and shall be carefully \ie-pt in the archives 
 and possession of said commissioner, and shall in no manner 
 be used in any criminal proceeding or action, but may be 
 placed before any grand jury in the County of Kings. 
 
 § 18. No person shall have, keep upon sale, or store in any 
 place Ox' building within the corporate limits of the City of 
 Brooklyn, any crude petroleum, dualin, gasoline, earth or 
 rock oil, or any of its products, except under the following 
 provisions : Crude petroleum, earth or rock oil, or any of its 
 products, inay be stored in detached and properly ventilated 
 warehouses, the outer walls of which shall be stone, brick or 
 iron, especially adapted for the purpose, by having raised 
 sills, at least two feet high, or the ground fioor of which shall 
 be at least two feet below the level of the street or the adjoin- 
 ing yard, or so constructed as to actually prevent the overflow 
 of such substances beyond the premises, where the same may 
 be kept or stored, which said warehouse shall not be occupied 
 in any part as a dwelling, and, if less than fifty feet from any 
 adjacent building, the same must be separated by a brick or 
 stone wall, at least ten feet in height, and sixteen inches 
 thick, constructed in such a manner as the commissioner of 
 the department of fire may prescribe ; but the same may be 
 stored in such other manner as the said commissioner may 
 designate, under a special permit issued therefor. No refined 
 petroleum, kerosene, earth or rock oil, or any product thereof, 
 to be used for illuminating purposes, shall be kept upon sale 
 or stored within the corporate limits of the City of Brooklyn, 
 the fire test of which shall be less than one hundred and ten 
 degrees Fahrenheit. Said test shall be determined by inspec- 
 tors, authorized by said commissioner using G. Tagliabue's 
 instruments or such other instruments as may be designated 
 by said commissioner. No refined petroleum, kerosene, dua- 
 
Department of Fire. i Title XIII. 
 
 lin, gasoline, earth or rock oil, when stored above the cellar or 
 basement of any building, and in barrels of not over forty-five 
 gallons each, or in metallic vessels or tanks, shall exceed in 
 the whole quantity the contents of fifty of said barrels ; pro- 
 vided, however, that the whole quantity of said refined oils 
 that may be so kept or stored over night shall not exceed the 
 contents of ten of said baiTels, unless stored in the manner 
 provided for storing crude petroleum ; and when stored in 
 cellars or basements surrounded by wall of brick or stone, 
 and at least two feet below the level or grade of the sidewalk, 
 street or land adjacent, the whole quantity shall not 
 exceed the contents of one hundred and fifty barrels, 
 unless stored in warehouses specially adapted for that pur- 
 pose, as requiretl for the storage of crude petroleum 
 under this section : provided, also, that no quantity of 
 said oils greater than one barrel shall be stored or 
 kept in any building occupied in any part thereof as a 
 dwelling. No benzine, benzole, gasoline, naptha, camphene, 
 burning fluid, or products or compounds containing any of 
 such substances, shall be kept or stored on or above the first 
 story or floor of any building, exceeding in the whole quantity 
 the contents of five barrels of forty gallons eacn, nor more in 
 quantity than the contents of twenty of said barrels in the 
 whole when stored below the first floor, unless kept in the 
 manner provided for storing crude petroleum ; nor shall 
 more than one barrel in quantity of said last above named 
 article be kept in any building occupied in any part thereof 
 as a dwelling. In no case sha'l any of the articles named in 
 this section be allowed to remain on the sidewalk beyond the 
 front line of any building or in or upon the streets, docks, 
 piers, bulkheads, slips, highwavs or public places, a longer 
 time than is actually necessary for the removal or loading of 
 the same ; and the said commissiotier may establish and en- 
 force general regulations and issue such orders and such 
 especial directions relative to the handling, lightering, cart 
 ing, loading, unloading and transportation of the several 
 articles named under this section as in his discretion shall be 
 deemed iiecessary for the public protection ; and said com 
 missioner may issue special permits authorizing the keeping 
 of any of the* articles ©a»umerated under this section in build- 
 
Title XIII. 
 
 157 
 
 Department of Fire. 
 
 ings, tanks, or structures, fire-proof throughout, in such 
 quantities, in such manner, and subject to such regulations 
 as shall tend to secure the same against danger. No person 
 shall sell at retail any kerosene or other product of petroleum, 
 dualin, gasoline, to be used for illuminating purposes, with- 
 out first obtaining a license therefor from the said commis- 
 sioner, under such rules and regulations as he may prescribe, 
 which license shall be for the term of one year and shall not 
 be transferable ; and for every such license, and for every re- 
 newal of the same, the said commissioner shall demand and 
 receive the sum of five dollars ; said license shall be posted 
 in a conspicuous place in the store of the person or persons 
 to whom the same is issued, and may be revoked for cause 
 by. said commissioner. Any person who shall sell any of the 
 compounds above mentioned in this section, without first ob- 
 taining a license therefor, shall forfeit and pay the sum of 
 twenty-five dollars. In case any person is burned by the ex- 
 plosion of any compound, the sale of which is prohibited by 
 any section of this act, or has not been inspected or licensed 
 as herein provided, and death ensues therefrom, the person 
 found guilty of selling the same shall be deemed guiUy of a 
 felony, and upon conviction shall be punished by a fine of 
 not less than one thousand dollars, or by imprisonment in 
 the State prison for a term of not less than one year nor 
 more than five years. And any dealer who shall present and 
 deliver for inspection a sample of oil diffei-ent from, and which 
 does not represent the quality of oil actually kept by him or 
 her for sale, and not taken from the actual stock being offered 
 for sale, and of the same qualitv therewith, shall forfeit and 
 pay the additional sum of fift}^ dollars. 
 Chap. 371, Laws of 1889. 
 
 § 19. The commissioner of the department of fire of the 
 City of Brooklyn is hereby authorized and empowered to re- 
 ceive and collect all license fees herein provided for, and pay 
 the same into the treasury of said city for the use and bene- 
 fit of the fireman's insurance fund. The attorney and coun- 
 sel of said city shall, in the name of and for the use and ben- 
 efit of the firemen's insurance fund, sue for and collect all 
 penalties and costs imposed under the provisions of this title 
 
Department of Fire. 
 
 158 
 
 Title Xra. 
 
 :n the manner provided for in actions under the code of 
 civil procedure. 
 
 Chap 371, Laws of 1889. 
 
 § 18 There shall be an officer to be appointed by the said 
 commissioner, to be known as the fire marshal of the City of 
 Brooklyn, who shall reside in Brooklyn. He shall take 
 the constitutional oath of office and hold such office dur- 
 ing the pleasure of said c^jmmissioner and until a successor 
 shall be appointed and duly qualified by taking the constitu- 
 tional oath of office. He shall receive an annual salary of 
 twenty-five hundred dollars. Upon his death, resignation, or 
 removal, and thereafter as often as a vacancy shall occur in 
 in said offic, the said commissioner shall apix)int a proper 
 pei*son to be said fire marshal. The business office of the 
 said fire marshal shall be at the headquarters of the depart- 
 ment. 
 
 Chap. 373, Laws of 1889. 
 
 ? 19. It shall be the duty of said fire marshal to examine 
 into the cause, circumstances awd origins of fires occurring 
 in the City of Brooklyn, by which any building, vessel, 
 vehicle or any valuable personal property shall be accidentally 
 or unlawfully burned, destroyed, lost, or damaged by fire, 
 wholly or partially : and to esi^ecially inquire and examine 
 whether the fire was the result of carelessness or the act of 
 an incendiary. The said fire marshal shall take the testi- 
 money, on oath, of all persons supfxjsed to l^ cognizant of 
 any facts, or to have means of knowledge in relation to the 
 matters herein required to be examined and inquired into, 
 and cause the same to be reduced to writing, vended and 
 transmitted to said commissioner with his repoi-t in writing, 
 embodying his opinions and conclusioDS in relation to the 
 matter investigated. The said fire marshal shall report in 
 writing to the said commissioner, to the district attorneys, to 
 the New York board of fire underwriters, to the owners of 
 property, or other persons interested in the subject matter of 
 investigation, any facts and circumstances which he may have 
 £«certained by such inquiries and investigations, which shall, 
 in his opinion require attention from said commissioner, 
 officers or persons : and it shall be the duty of the said fire 
 
Title XIII. 
 
 159 
 
 Department of Fire, 
 
 mai-shal, whenever he shall be of the opinion that there is 
 evidence sufficient to charge any jjerson with the crime of 
 arson, to cause such person to be arrested and charged with 
 such offence, and furnish the district attorney with all the 
 evidence of guilt, with the names of witnesses, and all the 
 information obtained by him, including a copy of all perti- 
 nent and material testimony taken in the case ; and he shall 
 specially report to the said commissioner, as often as he shall 
 be required, his proceedings and the progress made in all 
 prosecutions for arson, and the result of all cases which are 
 finally disposed of. 
 
 Chap. 373, Laws of 1889. 
 
 ^ 20. The said lire marshal shall have the power to issue 
 a notice in the nature of a subpoena, in such form and sub- 
 scribed in such manner as the said commissioner shall pre- 
 scribe, to compel the attendance of any person as a witness 
 before him, to testify in relation to any matter which is hereby 
 made a subject of inquiry and investigation by the said mar- 
 shal. The said tire marshal shall be and is hereby author- 
 ized to ad minster and verify oaths and affirmations to persons 
 appearing as witnesses before him : and false swearing in any 
 matter or proceeding aforesaid shall be deemed perjury," and 
 -shall be punishable as such. Upon the presentation of satis- 
 factory proof ot due service of any such notice, in the nature 
 of a subpoena, upon any such witness, and of a failure 
 by such witness to obey the same, it shall be the duty 
 of the said commissioner to make an order that the said wit- 
 ness be arrested and brought before the marshal to testify 
 what such witness may know in relation to the subject matter 
 of inquiry. Such order may be executed* by any member of 
 the police force by aires ting and bringing such mtness be- 
 fore the said mai'shal : but such witness shall not be detained 
 longer than is necessary to take such testimony. The said 
 fire marshal shall have the authority, at all times of the day 
 or night, in performance of the duties imposed by the pro- 
 visions of this act to enter upon or examine any building or 
 premises where any fire shall have occurred, and the build- 
 
 So in original . 
 
Department of Fire. 
 
 160 
 
 Title XIIL 
 
 ings and premises a^ljoining and near to that in which the 
 fire occurred. 
 
 Chap. 373, Laws of 1889. 
 
 ^21. It shall be the duty of the commissioner of the de- 
 partment of fire to supervise and direct whenever he shall be 
 of the opinion that the pubHc interests will be subserved 
 thereby, the investigations, examinations and proceedings of 
 said fire marshal and make all needful and proper rules and 
 regulations in relation to the duties of the office and the 
 manner of performing the same, and he shall detail any 
 members of the department to aid and assist in the per- 
 formance of such duties : and upon the requisition of the tire 
 commissioner, the commissioner of ix>lice and excise is author- 
 ized to detail any member of the police force to aid the fire 
 marshal and to assist in the performance of such duties as in 
 his discretion he may deem tit and proper. 
 Chap. 373, Laws of 1889. 
 
 § 18. There shall be an officer to be a[)pointed by the said 
 commissioner to be known as the fire marshal of the City of 
 Brooklyn who shall reside in Brooklvu. He shall take the 
 constitutional oath of office. Upon his death, resignation or 
 removal, and thereafter as often as a vacancy shall occur in 
 said office, the said fire commissioner shall appoint a proper 
 person to l>e said fire joarshal. The board of estimate of the 
 City of Brooklyn and County of Kings, or a majority thereof, 
 are hereby authorized and empowered to fix the salary of the 
 fire marshal at an amount not less than twenty-five hundred 
 nor more than thirty five hundred dollars per annum. He 
 shall rank as a member of the uniformed fire force of the 
 department of fire, and shall l>e entitled to all the privileges 
 and immunities there<3f except to be placed on the pension 
 roll of the firemen's insurance fund. The business office of 
 the said fire marshal shall be at the headquarters of the said 
 department. 
 
 Chap. 445, Laws of 1892. 
 
 § 20. The said fire marshal shall have power to issue a 
 notice in the nature of a subpoena, in such form and sub- 
 scribed in such manner as the said commissioner shall pre- 
 
Title XIII. 161 Department of Fire. 
 
 scribe to compel the attendance of any person before him as 
 a witness to testify in relation to any matter which is hereby 
 made a subject of inquiry and investigation by the said mar- 
 shal. The said tire marshal shall be and hereby is authorized 
 to administer and verify oaths and affirmations to persons 
 appearing as witnesses before him, and false swearing in any 
 matter or proceeding aforesaid shall be deemed perjury, and 
 shall be punishable as such. Upon the presentation of satis- 
 factory proof of due service of any such notice, in the nature 
 of a subpoena upon any such witness, and of a failure by such 
 witness to obey the same it shall be the duty of the said com- 
 missioner to make an order that the said witness be arrested 
 and brought before the marshal to testify what such witness 
 may know in relation to the subject matter of inquiry.* Such 
 order may be executed by any member of the ix)lice force by 
 arresting and bringing such witness before the said marshal ; 
 but such witnesses shall not be detained longer than is neces- 
 sary to take such testimony. The said lire marshal shall have 
 the authority at all times of the day and night in performance 
 of the duties imposed by the provisions of this act to enter 
 upon or examine an}' building or premises where any fire 
 shall have occurred, and the buildings and premises adjoin- 
 ing and near to that in which the fire occurred. In case of 
 a failure to testify on the part of any person or persons as 
 required by said subpoena, or a failure or refusal on their 
 part to produce any such books, papers, articles or documents 
 in his or their possession, or under his or their control, or a 
 failure or refusal on his or their part to answer any question 
 put to them or him and pertinent thereto upon any examina 
 tion, inquiry or investigation as aforesaid, then application 
 may be made by the said fire marshal to any justice of the 
 supreme court who in case he shall decide such question to 
 be pertinent and proper to be answered may thereupon cause 
 the person or persons named in said subpoena to be arrested, 
 and may punish him or them for comtempt of the orders of 
 said court : and in such case the laws, rules and proceedings 
 relating to punishment for contempt, and usual in said court, 
 or before any justice thereof, shall be applicable thereto. 
 Chap. 445, Laws of 1892. 
 
 * 8o iu original — 
 
Department of Fire. 
 
 162 
 
 Title XIII. 
 
 § 21. It shall be the duty of the commissioner of the de- 
 partment of fire to supervise and direct the investigations, 
 examinations and proceedings of said fire marshal whenever 
 he shall be of the opinion that the public interest will be 
 subserved thereby, and to make needful rules and regulations 
 not inconsistent with this act in relation to the duties of said 
 fire marshal, and he may detail such of the force of the fire 
 department to aid the fire marshal in the performance of his 
 duties as he may deem necessary. Upon the requisition of 
 the fire commissioner the commissioner of police and excise 
 is hereby authorized to detail any members of the police 
 force to aid and assist the fire marshal in the performance of 
 his duties. 
 
 Chap. 445, Laws of 1892. 
 
 ^ 22. The fire marshal shall have authority to examine and 
 cause to be examined all exposed gas jets and articles lighted 
 and all substances so exposed and placed which, in his opin- 
 ion, may be liable to cause conflagration in any building, 
 premises, vessels or vehicle, and report the same to the fire 
 commissioner, and in case of neglect or refusal on the part 
 of the owner or occupant after receiving a written or printed 
 notice from the fire commissioner to alter or remove such ex- 
 posed gas jets, articles lighted or substances exposed in such 
 manner, and in such reasonable time as the tire commissioner 
 may deem necessary, the, party offending shall forfeit and pay 
 the sum of fifty dollai's, and for every twenty- four hours 
 after the time allotted as aforesrid lo alter or remove, the 
 further sum of ten dollars. The attorney of the city shall, in 
 the name of and for the use and benefit of the firemen's in- 
 surance fund, sue for and recover and collect all penalties 
 and costs imposed under the provisions of this title in the 
 manner provided for in actions under the code of civil pro- 
 cedure. 
 
 Chap. 445, Laws of 1892. 
 § 18. AA^henever the commissioners of fire shall be of opin- 
 ion that any members of the fire department deserves pro- 
 motion on account of any gallantry or meritorious deed in 
 the discharge of his duty, the commissioner may rec- 
 ommend such promotion as he deems fit and proper 
 
Title XIII. 
 
 163 
 
 Bepartment of Fire, 
 
 to the mayor, and he shall transmit with such recommenda- 
 tion a fall written statement of the deed upon which such 
 recommendation is based, together with the verified state- 
 ment of at least two witnesses thereof, if there be such num- 
 ber, together with a complete record of the person recom- 
 mended since his appointment in the department. It shall 
 be the dut}' of the mayor to examine into such application 
 and the statement submitted therewith, and if he be satisfied 
 that the deed was one of exceptional gallantry and bravery, 
 he may approve in writing the application of the commis- 
 sioner, and may consent to the promotion recommended or 
 to a promotion of lesser degree. And upon approval of the 
 majw, as aforesaid, the commissioner hereby is authorized 
 and empowered forthwith to promote such member as such 
 promotion may be approved by the mayor, provided there be 
 a vacancy, and if there be no vacancy, then existing, it shall 
 be the duty of the commissioner to write the name of such 
 member upon a list which shall be kept in the department, 
 to be known as "the list of honor," together with the date of 
 the aj^proval of the mayor as aforesaid and the promotion to 
 which he is entitled, and whenever a vacancy occurs which 
 may be filled from such list in order of seniority thereon, 
 and said commissioner is hereby authorized and empowered 
 to make such promotion. Such promotions as are hereby 
 authorized shall be made irrespective of any other examina- 
 tion or qualification whatever, and all law$ and i-egulations 
 inconsistent with the provisions of this section are hereby ex- 
 pressly repealed so far as they conflict with its provisions. 
 Chap. 578, Laws of 1893. 
 
 § 18. The commissioner of fire shall, as often as he may 
 think proper, examine or cause to be examined the buildings 
 and dwelling houses and the vessels and venicles in the city 
 for the purpose of ascertaining any violation of any law or 
 ordinance enacted for the prevention of fire, and also the said 
 commissioner shall inspect, or cause to be inspected, the fire 
 places, hearths, chimneys, stoves, pipes and appurtenances 
 thereto, ovens, boilers, heateri*, gas jets, all chemical appa- 
 ratus and other things and substances which in his opinion, 
 may be dangerous in causing or promoting fire, or dangerous 
 
Department of Fire. 
 
 164 
 
 Title XIII. 
 
 to firemen or to occupauts in case of fire. And it shall be 
 lawful for him. or any inspector or member of the depart- 
 ment of fire, when duly authorized by the said commissioner 
 to enter into or upon any lands or dwelling houses, vessels or 
 vehicles, for the purpose of inspection in order to carry out 
 the provisions of this act, and it shall be the duty of any such 
 inspector ( )r member of the fire department so authorized, 
 upon finding anything defective or dangerous to immediately 
 report the saiue to the said commissioner, who shall direct 
 the owner or occupant of such lands, dwelling houses, vessels 
 or vehicles, by written or printed notice, to alter, remove or 
 amend sucli defective or dangerous thing in such manner 
 and within such reasonable time »s he may deem necessary, 
 and in case of any neglect or refusal so to do tbe party offend- 
 ing shall forfeit and pay the sum of twentv-five dollars, anrl 
 for every forty -eight hours after tbe time allotted aforesaid 
 to altei", remove or ameud tbe said dangerous or defective 
 thing as aforesaid in conformity with the said directions, the 
 party or parties offending shall forfeit and pay the further 
 sum of ten dollars. The coi poration counsel of the City of 
 Brooklyn shall, in the name of, and for the use and benefit of 
 the firemen's insurance fund, sue for and recover and collect 
 all penalties and costs imposed under the provisions of this 
 title in the manner provided in the code of civil procedure. 
 Chap. 449, Laws of 1892. 
 
TITLE XIV. 
 
 DEPARTMENT OF BUILDINGS. 
 
 Section 1. The head of the department of buildings shall 
 be the commissioner of buildings ; he shall be a practical 
 mason, carpenter or architect of at least ten years' experience ; 
 he shall have sole and exclusive control and management of 
 all matters relating to the regulation and supervision of the 
 erection, alteration and repair of all buildings within the City 
 of Brooklyn, and is charged with the execution of the provi- 
 sions of this act relating to buildings, as hereinafter provided. 
 He shall appoint such inspectors, clerks, experts and such 
 other subordinates as in his judgment may be necessary to 
 carry out and enforce the provisions of this act, and fix their 
 salaries : the inspectors of buildings shall be practical masons 
 or carpenters of at least ten years' experience ; the inspector 
 of elevators shall be practical machinists : the experts shall 
 be practical builders, architects or engineers, and competent 
 to pass on all plans and questions relating to buildings of any 
 kind. The commissioner shall have full power to revoke and 
 cancel any permit or certificate of approval granted by him 
 in case the person or persons to whom the same is issued fails 
 or neglects to comply with any of the provisions of this title, 
 or of any law relating to buildings in the Clity of Brooklyn. 
 
 4j 2. No wall, structure, building or part thereof, shall here- 
 after be built, constructed, altered or repaired in the City of 
 Brooklyn except in conformity with the provisions of this 
 title. No buildings already erected, or hereafter to be built in 
 said city, shall be raised, altered or built upon in any manner 
 that would be in violation of any of the provisions of this title. 
 
 ^ 3. The walls of all buildings, other than frame or wooden 
 buildings, shaU be constructed of stone, brick, iron or other 
 hard incombustible material, and the several component parts 
 of such buildings shall be as hereinafter provided. 
 
 ^ 4. All excavations shall be properly guarded and pro- 
 tected so as to prevent the same from becoming dangerous to 
 life or/limb,^and shaUbe sheet piled wh^renecessaij, by the 
 
Department of Buildings. 160 Title XIV. 
 
 pei-son or persons causing the excavations to be made, to pre- 
 vent the adjoining eartli from caving in. Whenever an exca 
 vation of either earth or rock for building or other purposes, 
 shall be intended to be, or shall be carried to the depth of 
 more than ten feet below the curb, the person or persons 
 causing such excavation to be made shall, at all times, from 
 the commencement to the completion thereof, if afforded the 
 necessary license to enter on the adjoining land and not other 
 wise, at his or their own expense, preserve any adjoining or 
 contiguous wall or walls from injury, and support the same 
 by proper foundations, so that the said wall or walls shall be 
 and remain practically as safe as before such excavation was 
 commenced, whether the said jidjoining or contiguous wall or 
 walls are down more or less than ten feet below the curb. If 
 such excavation shall not be intended to be, or shall not be 
 caiTied to a depth of more than ten feet below the curb, the 
 owner or uwuersof such atljoining or contiguous wall or walls 
 shall preserve the same from injury, and so support the same 
 by proper foundations that it or they shall be and remain 
 practically as safe as before such excavation was commenced, 
 and shall be permitte<l to enter upon the premises where such 
 excavation is being made for that purpose, when necessary. 
 In case an adjoining, party wall is intended to be used by the 
 person or persons causing the excavation to be made, and 
 such party wall is iu good condition and sufficient for the 
 uses of the adjoining building, then, and in such case, the 
 person or persons causing the excavation to be made shall, 
 at his or their own expense, preserve such party wall from 
 injury, and support the same by proper foundations so that 
 said party wall shall be and remain practically as safe as 
 before the excavation was commenced. If the person or per 
 sons whose duty it shall be to preserve or protect any wall 
 or walls from injury shall neglect or fail so to do after 
 having had a notice of twent5'-four hours from the commis- 
 sioner of buildings, then the commissioner of buildings may 
 enter on the premises and employ such labor and furnish 
 such materials, and take such steps as, in his judgment, may 
 be necessary to make ihe same safe and secure, or to prevent 
 the same from becoming unsafe or dangerous at the expense 
 of the party, or parties last herein referred to. Any party 
 
Title XIV. 
 
 167 Department of Buildings. 
 
 doing the said work or any part thereof, under and by direc- 
 tion of said commissioner may bring and maintain an action 
 against the party or parties last herein referred to, to recover 
 the value of the work done and materials furnished on said 
 premises, and may file and enforce a notice of lien therefor in 
 the same manner as if he or they had been employed to do 
 the work by the said party or parties. When an excavation 
 is made on any lot and it is intended to use part of such exca- 
 vation, on either the side or the rear of the lot, as an area, or 
 space for light and air, the person or persons causing such 
 excavation to be made, shall build at his or their own cost 
 and expense, a retaining wall of sufficient strength and 
 height to support the adjoining earth. 
 
 § 5. Every building except buildings erected upon wharves 
 or piers on the water front, shall have foundations laid not 
 less than four feet below the surface of the earth, on the solid 
 ground or level surface of rock, or upon piles or ranging tim- 
 bers. Piles intended for a wall, pier or post to rest upon, 
 shall not be less than five inches in diameter at the smallest 
 end, and shall be spaced not more than thirty inches from 
 centers, or nearer if required by the commissioner of buildings, 
 and they shall be driven to a solid bearing. No pile shall be 
 weighted with a load exceeding thirty thousand pounds. The 
 tops of all piles shall be cut off below the lowest water line. 
 When required concrete shall be rammed down in the inter- 
 spaces between the heads of the piles to a depth and thick- 
 ness of not less than twelve inches and for one foot in width 
 outside of the piles. When concrete is used on top of 
 jnles it shall be composed of hydraulic cement, broken stone" 
 and sand, mixed in proper proportions, not less than 
 twelve inches thick and twelve inches outside of the piles, 
 and twelve inches below the top of the piles. When ranging 
 and capping timbers are laid on piles for foundations, they 
 shall be of hard wood not less than six inches thick and prop- 
 erly joined together, and their tops laid below the water line, 
 the heads of the piles shall be cut to a straight line so that 
 the capping timber shall have a solid bearing on the head of 
 each pile. When crib footings of iron or steel aie used below 
 the water level, the same shall be entirely coated with coal 
 
Department of Buildings. l«8 Title XIV. 
 
 tar, pai^aline varnish, or other suitable preparation, before 
 being placed in position. When footings of iron or steel for 
 columns are placed below the water level, they shall be simi- 
 larly coated for preservation against rust. Foundation walls 
 shall be construed to include all walls and piers built below 
 the curb level, or nearest tier of beams to the curb, to serve 
 as supports for walls, piers, columns, girders, posts or beams. 
 Foundation walls shall be built of stone or brick. If built of 
 stone they sball be at least eight inches thicker than the wall 
 next above them, to a depth of twelve feet below the curb 
 level, and for every additional ten feet, or part thereof, deeper, 
 they shall be increased four inches in thickness. If built of 
 brick they shall be at least four inches thicker than the v/all 
 next above them to a depth of twelve feet below the curb 
 level, and for every additional ten feet, or part thereof, deeper^ 
 they shall be increased four inches in thickness. The footing 
 or base course shall be of stone or concrete, or both, or of 
 concrete and stepped-up brickwork, of sufficient thickness and 
 area to safely bear the weight to be imposed thereon. If the 
 footing or base course be of concrete, the concrete shall not 
 be less than twelve inches thick. If of stone, the stones shall 
 not be less than two by three feet, and at least eight inches in 
 thickness for walls, and at least twelve inches wider than the 
 bottom width of said w^alls, and not less than ten inches in 
 thickness if under piers, columns or posts, and at least twelve 
 inches wider on all sides than the bottom width of said piers, 
 columns or posts. All base stones sha^ be well bedded, and 
 laid crosswise, edge to edge. If stepped-up footings of brick 
 are used in place of stone above the concrete, the steps, or 
 offsets, if laid in single courses, shall not exceed one and one- 
 half mches, or if laid in double courses, then each shall not 
 exceed three inches, starting with the brickwork covering the 
 entire width of the concrete, so as to properly distribute the 
 load to be imposed thereon. If, in place of a continuous 
 foundation wall, isolated j)iers are to be built to support the 
 superstructure, where the nature of the ground and the char- 
 fiCter of the building make it necessary, inverted arches shall 
 be turned between the piers, at least twelve inches thick and 
 of the full width of the piers, and resting upon a continuoug. 
 bed of concrete of sufficient area, and at least eighteen inches 
 
Title XIV. 
 
 169 Department of Buildings- 
 
 thick, or two footing courses of large stoue may be used, the 
 bottom course laid crosswise, edge to edge, and the top coui*se 
 laid lengthwise, end to end, or one course of concrete and one 
 of stone. The stone shall not be less than ten inches thick 
 in each course, and the conc"*ete shall not be less than eighteen 
 inches thick, and the area of the lower course shall be equal 
 to the area of the base course that would be required under 
 a continuous wall, and the outside piers shall be secured to 
 the second pier with suitable iron rods and plates. All stone 
 walls twenty-four inches or less in thickness shall have at least 
 one header extending through the wall in every three feet in 
 height from the bottom of the wall, and in every four feet in 
 length, and if over twenty-four inches in thickness shall have 
 one header for every six superficial feet on both sides of the 
 wall, and running into the wall at least two feet. All headei-s 
 shall be at least eighteen inches in width and eight inches in 
 thickness and consist of good flat stone. No stone shall be 
 laid in such walls in any other position than on its natural 
 bed. 
 
 § 6. In buildings, where the space under the sidewalk is 
 ntiUzed, a sufficient stone or brick wall shall be built to retain 
 the roadway of the street, and the side, end or party walls of 
 such building shall extend under the sidewalk, of sufficient 
 thickness, to such walls. The roofs of all vaults shall be of 
 incombustible material. Openings in the roofs of vaults for 
 the admission of coal or light shall be covered with lights of 
 glass in iron frames, or with iron covers having a rough sur- 
 face, and rabbited flush with the sidewalk : these lights 
 shall not be more than four inches square. When areas are 
 <50vered, iron, or iron and glass combined, stone or other in- 
 combustible materials shall be used, and sufficient strength 
 in such covering shall be provided to insure safety to persons 
 walking on the same, and to carry the loads which may be 
 placed thereon. Open areas shall be properly protected with 
 suitable railings. 
 
 § 7. The party-walls of dwelling houses not over twenty 
 feet in width and foity-five feet in depth and thirty-five feefc 
 in height, if built of brick, may be eight inches in thickness, 
 but no eight-inch bearing wall shall be built below curb 
 
Department of Buildings. 170 Title XIV. 
 
 level, and no front, side or rear wall shall be less than twelve 
 inches in thickness. The walls of all dwelling houses, 
 whether called tenement houses, apartment-houses, flats,, 
 hotels, or other buildings, which are to be used for residence 
 purposes, twentv-six feet or less in width between bearing 
 walls, and also the walls of school-houses, which are here- 
 after erected, or which may be altered to be used as herein 
 specified, over thirty-five feet in height and not over fifty feet 
 in height shall not be less than twelve inches thick above the 
 foundation wall : but no wall shall be built having a twelve- 
 inch thick portion measuring vertically more than fifty-feet. 
 If over fifty feet in height, and not over sixty feet in height, 
 the walls shall not be less than twelve inches thick above the 
 basement, if a high-stoop house, and not less than six- 
 teen inches thick in the first story, if not a high-stoop 
 house. If over sixty feet in height, and not over 
 seventy-five feet in height, the walls shall not be less 
 than sixteen inches thick to the height of twenty-five 
 feet, or to the nearest tier of beams to that height, and from 
 thence not less than twelve inches thick to the top. If over 
 seventy-five feet in height, and not over eighty-five feet in 
 height, the walls shall not be less than twenty-inches tnick to 
 the height of twenty feet, or to the nearest tier of beams to- 
 that height, thence not less than sixteen inches thick to the 
 height of sixty feet, or to the nearest tier of beams to that 
 height, and from thence not less than twelve inches thick to 
 the top. If over eighty-five feet in height, and not over one 
 hundred feet in height, the walls shall not be less than 
 twenty-four inches thick to the height of thirty-five feet, or ta 
 the nearest tier of beams to that height, thence not less than 
 twenty inches thick to the height of seventy-five feet, or to 
 the neaiest tier of beams to that height, and from thence 
 not less than sixteen inches thick to the top. If over one 
 hundred feet in height, and not over one hundred and fifteen 
 feet in height, the walls shall not be less than twenty-eight 
 inches thick to the height of twenty-five feet, or to the nearest 
 tier of beams to that height, thence not less than twenty-four 
 inches thick to the height of fifty feet, or to the nearest tier 
 of beams to that height, thence not less than twenty incheg 
 thick to the height of ninety feet, or, the nearest tier of beamg. 
 
Title XIV. 
 
 171 Department of Buildings- 
 
 to that height, and from thence not less than sixteen inches 
 thick to the top. If over one hundred and fifteen feet in 
 height, each additional twenty-five feet in height or part 
 thereof, next above the curb, shall be increased four inches 
 in thickness, the upper one hundred and fifteen feet of wall 
 remaining the same as specified for a wall of that height. 
 All non-bearing walls of buildings hereinbefore in this sec- 
 tion spiBcified may be four inches less in thickness ; provided, 
 however, that none are less than twelve inches thick, excej)t 
 as hereinafter specified. Eight-inch brick partition walls 
 may be built to suppoH the beams in such buildings in which 
 the distance between the walls is not over thirty-three feet, 
 provided that no clear span is over twenty-six feet ; but no 
 such partition wall shall be built having an eight-inch thick 
 portion measuring vertically more than fifty feet. This 
 clause shall not be construed to prevent the use of iron or 
 steel girders or iron or steel girders and columns, or piers of 
 masonry, for the support of the walls and ceilings over any 
 room which has a clear span of more than twenty-six feet be- 
 tween walls, in such buildings as are not fire-proof, nor to 
 prevent the use of iron or steel girders and columns instead 
 of brick partition walls, in fire-proof buildings for residences, 
 •constructed pursuant to the provisions of section fifteen. If 
 the clear span is to be over twenty-six feet, then the bearing 
 walls shall be increased four inches in thickness for every 
 twelve and one-half feet, or part thereof, that said span is 
 over twenty-six feet, or shall have instead of the increased 
 thickness such piers or buttresses as in the judgment of the 
 commissioner of buildings may be necessary. 
 
 § 8. The walls of all warehouses, stores, factories and 
 stables twenty five feet or less in width between w alls or 
 bearings, shall not be less than twelve inches thick, to the 
 height of forty feet. If over forty feet in height and not 
 over sixty feet in height, the walls shall not be less than six- 
 teen inches thick to the height of forty feet, or to the nearest 
 tier of beams to that height, and from thence not less than 
 twelve inches thick to the top. If over sixty feet in height, 
 and not over- seventy-five feet in height, such walls shall not 
 be less than twenty inches thick to the height of twenty-five 
 
Department of Buildings. 172 Title XIV. 
 
 feet or to the nearest tier of beanas to that height, and from 
 thence not less than sixteen inches thick to the top. If 
 over seventy-five feet in height, and not over eighty-five 
 feet in height, such walls shall not be less than 
 twenty-four inches thick to the height of twenty feet, or to 
 the nearest tier of beams to that height : thence not less than 
 twenty inches thick to the height of sixty feet, or to the near- 
 est tier of beams to that height, and thence not less than six- 
 teen inches thick to the top. If over eighty five feet in height, 
 and not over one hundred feet in height, such walls shall 
 not be less than twentj'-eight inches thick to the height of 
 twenty-five feet, or to the nearest tier of beams to that height: 
 thence not less than twenty-four inches thick to the height 
 of fifty feet, or to the nearest tier of beams to that height : 
 thence not less than twenty inches thick to the height of 
 seventy-five feet, or to the nearest tier of beams to that 
 height, and thence not less than sixteen inches thick to the 
 top. If over one hundred feet in height, each additional 
 twenty five feet in height, or part thereof, next above the 
 curb, shall be increased four inches in thickness, the upper 
 one hundred feet of wall remaining the same as specified for 
 a wall of that height. If there is to be a clear span of over 
 twenty-five feet between such walls, the bearing w alls shall 
 be four inches more in thickness than is in this section speci- 
 fied for every twelve and one half feet, or fraction thereof, 
 that said walls are more than twenty -five feet apai-t, or shall 
 have, instead of the increased thickness, such piers or but- 
 tresses as in the judgment of the commissioner of buildings 
 may be necessary. All buildings, not excepting dwelhngs, 
 that are over one hundred and five feet in depth, without a 
 cross wall or proper piers or buttresses, shall have the side 
 or bearing walls increased in thickness four inches more than 
 is specified in the respective sections of this title for the 
 thickness of walls for every one hundred and five feet, or 
 pai't thereof, that said buildings are over one hundred and 
 five feet in depth. In all stores, warehouses and factories 
 over twenty-five feet in width between walls in which there 
 shall be brick partition walls, or girders supported on iron 
 or wooden columns or piers of masonry, the partition walls 
 or girders shall be so placed that the space between any two 
 
Title XIV. 
 
 173 Department of Building^s. 
 
 partition walls or girders shall not exceed twenty-five feet, 
 and the iron or wooden columns or piers of masonary and 
 girders shall be made of sufficient strength and size to bear 
 safely the weight and any lateral strain to be imposed upon 
 them. In case iron or wooden girders, supported by iron or 
 wooden columns or piers of masonry are substituted in place 
 of brick partition walls, the building may be seventy -five feet 
 wide and two hundred and ten feet deep, and when the 
 I)uildiiig is located on a corner it may be one hundred feet 
 wide and one hundred and five feet deep, but not wider or 
 •deeper except in <58^e of fireproof buildings, which may be 
 constructed as heieinaiter provided. In case the walls of 
 any building are less than twenty-five feet apart, and less 
 than forty feet in depth, or there are cross walls which inter- 
 sect the walls, not more than forty feet distant or between 
 the same, or piers or buttresses built into the walls, the in- 
 terior walls may be reduced in thickness in just proportion 
 to the number of cross walls, piers or buttresses, and their 
 nearness to each other ; provided, however, that this clause 
 shall not apply to walls below sixty feet in height, and that 
 no such wall shall be less than twelve inches thick at the top, 
 ^and gradually increased in thickness by set-off to the bottom. 
 The commissioner oi buildings is hereby authorized and em- 
 powered to decide (except where herein otherwise provided) 
 according to the peculiar circumstances of each case, without 
 endangering the strength and safety of the building, how 
 much the walls herein mentioned may be permitted to be re- 
 duced in thickness. 
 
 §9. The walls of churches, theaters, foundries, machine shops, 
 •car or stage-houses, armories, public markets not over two stor- 
 ies in height, and other buildings of a public character, shall 
 not be less than is in this title specified for warehouses, with 
 such piers or buttresses as in the judgment of the commis- 
 sioner of buildings may be necessary to make a safe and sub- 
 stantial building. One story structures not exceeding a 
 height of fifteen feet may be built with eight-inch walls when 
 the bearing walls are not more than nineteen feet apart and 
 the length of the eight-inch bearing walls does not exceed 
 fifty-five feet. Curtain walls of brick, built in between iron 
 
Department of Buildings. 174 
 
 Title XIV. 
 
 or steel columns, and supported wholly or in part on iron or 
 steel f]firders, shall not be less than twelve inches thick for 
 fifty feet of the up^^ermost height thereof, or to the nearest 
 tier of beams to that measurement in any building so con- 
 structed, and every lower section of fifty feet, or to the nearest 
 tier of beams to such vertical measurement, or part thereof, 
 shall have a thickness of four inches more than is required 
 for the section next above it down to the tier of beams nearest 
 to the curb level, and thence downwardly, the thickness of 
 walls shall increase in the ratio hereinbefoi*e prescribed for 
 foundation walls. 
 
 ? 10. In all walls the same amount of materials may be 
 used in piers or buttresses. Curtain walls may be made four 
 inches less in thickness than is specified, respectively, for 
 walls of dwellings and buildings other than dwellings, but no 
 curtain walls shall be less than twelve inches thick. If any 
 horizontal section through any part of any bearing wall in 
 any building shows more than twenty -five per centum area of 
 flues and openings the said wall shall be increased four inches 
 in thickness for eveiy ten per centum, or fraction thereof, of 
 flue or o|)ening area in excess of twenty-five per centum. 
 Every pier built of brick containing less than nine superficial 
 feet at the base, supporting any beams, girders, ai*ch or col- 
 umn on which a wall rests, or lintel spanning an opening 
 over ten feet, and supporting a wall shall, at intervals of not 
 over thirty-six inches apart in height, have built into it a bond 
 stone not less than foui* inches thick, or a cast-iron plate of 
 sufficient strength and the fuU size of the piers. All piers 
 shall be built of stone or good, hard, well-burnt brick, laid in 
 cement mortal*. For piers fronting on the street the bond 
 stones may conform with the kind of stone used for the trim- 
 mings of the front. Isolated brick piers shall not exceed in 
 height eight times theii- least dimensions. Stone posts for 
 the support of posts or columns above shall not be used in 
 the interior of any building. Where waUs^'or piers ai-e built 
 of coursed stones with dressed level beds and^veiiical joints, 
 the commissioner of buildings shall have the right to aUow 
 such walls or piers to be built of a less thickness than speci- 
 fied for brick work, but in no case, shall said^waUs or piers be 
 
Title XIV, 175 Department of Buildings, 
 
 lees than thi'ee quarters of the tbickness provided for brick- 
 work. All bearing walls faced with brick laid in running 
 bond shall be four inches thicker than the walls are required 
 to be under any section of this title. In all brick walls every 
 sixth course shall be a heading course, except where walls 
 are faced with brick in running bond, in which latter case 
 every sixth course shall be bonded into the backing by 
 cutting the course of the face brick, and putting in 
 diagonal headers behind the same, or by splitting the face 
 brick in half and backing the same with a continuous row 
 of headers. All stone used for the facing of any building 
 and known as ashlar, shall not be less than four inches 
 thick. Stone ashlar shall be anchored to the backing and 
 the backing shall be of such thickness as to make the walls 
 independent of the ashlar, conform as to the thickness with 
 the requirements of this title relating to thickness of walls. 
 Iron ashlar plates used in imitation of stone ashlar on the 
 face of the wall shall be backed up with the same thickness 
 of brick work as stone ashlar. Walls heretofore built for or 
 used as party-walls, whose thickness at the time of their 
 erection was in accordance with the requirements of the then 
 existing laws, but which are not in accordance with the re- 
 quirements of this title, may be used, if in good condition, 
 for the ordinary uses of party- walls, provided the height of 
 the same be not increased. In case it is desired to increase 
 the height of existing party or independent walls, which 
 walls are less in thickness than required under this title, the 
 same shall be done by a lining of brickwork to form a com- 
 bined thickness with the old walls of not less than four inches 
 more than the thickness required for a new wall correspond- 
 ing with the total height of the wall when so increased in 
 height. The said lining shall be supported on proper foun- 
 dations and carried up to such heights as the commissioner 
 of buildings may require. No lining shall be less than eight 
 inches in thickness, and all linings shall be laid up in cement 
 mortar and thoroughly anchored to the old brick waUs with 
 suitable wrought-iron anchors placed two feet apart and 
 properly fastened or driven into the old walls ia rows alternat- 
 ing vertically and horizontally with each other, the old walls 
 being first cleaned of plaster or other coatings where any 
 
 I 
 
Department of Buildings. I7t; 
 
 Title XIV. 
 
 lining is to be built against the same. In no case shall any 
 wall or walls of an}' buildings be carried up more than two 
 stories in advance of any other wall, except by permission of 
 the commissioner of buildings. The front, rear, side and 
 party-walls shall be properly bonded together or anchored 
 to each other every four feet in their height by wrought- 
 iron tie anchors not less than one and one-half inches by 
 three eights of an inch in size. The side an9hors shall 
 be built into the side or party-wall not less than 
 sixteen inches, and into the front and rear walls, so 
 as to secure the front and rear walls to the side 
 or part}' walls when not built and bonded together. 
 The walls and beams of every building, during the erection 
 or alteration thereof, shall be strongly braced from the beams 
 of every story, and when required shall also be braced from 
 the outside until the building is inclosed. The roof tier of 
 wooden beams shall be safely anchored svith plank or joist to 
 the beams of the story below until the building is inclosed. 
 
 11. The walls of all buildings below the curb level, or the 
 first tier of floor beams nearest thereto, shall be laid in ce- 
 ment mortar. The backing up of all stone ashlar shall also 
 be laid in cement mortar, but this shall not prevent the par- 
 getting of the back of the stone ashlar with lime mortar. 
 All other walls that are built of brick or stone shall be laid 
 in lime mortar or cement mortar, or lime and cement mortar 
 mixed. In all walls that are built hollow the same quantity 
 of stone or brick shall be used in their construction as. if they 
 were built sohd, as in this title provided ; and no hollow 
 walls shall be built unless the parts of the same are con- 
 nected by proper ties of brick, stone or iron, placed not over 
 twenty-four inches apart. The inside four inches of all walls 
 may be built of hard- burnt hollow clay or porous terra cotta 
 blocks, of the dimensions of ordinary bricks, properly tied 
 and bonded, as is hereinbefore provided with respect to brick 
 walls. All exterior and division or party walls over fifteen 
 feet high, excepting where such walls are to be finished with 
 cornices, gutters or crown moldings, shall have parapet walls 
 carried one foot above the roof, and shall be coped or covered 
 with stone, well-burnt terra cotta, cast-iron or other metal. 
 
Title XIV. 177 Department of Buildings. 
 
 Recesses for stairs and elevators may be left in the founda- 
 tion or cellar walls of all buildings, but in no case shall the 
 walls be of less thickness than the walls of the third story, 
 unless reinforced by additional piers with iron carders, or 
 iron colunans and girders, securely anchored to the walls 
 on each side. No chase for water or other pipes shall 
 be njade in any pier and in no wall more than one-half 
 of its thickness, and the chase around said pipe or pipes 
 shall be filled up with solid masonry for the space of 
 one foot at the top and bottom of each story. Recesses for 
 alcoves and similar purposes shall not be deeper than eight 
 inches, and in no case shall there be less than eight inches of 
 brick-work at the back of such recesses, provided that such 
 recesses shall not be more than eight feet in width, and shall 
 be arched over and not carried up higher than eighteen 
 inches below the bottom of the beams of the floor next above. 
 The aggregate area of recesses in any wall shall not exceed 
 one-fourth of the whole area of the face of the wall on any 
 story, nor shall any such recess be made within a distance of 
 six feet from any other one in the same wall. In all furred 
 walls the course of brick above the under side, and below the 
 top of each tier of floor beams, shall project the thickness of 
 the furring to more effectually prevent the spread of fire. 
 The walls and piers of all buildings shall be properly bonded 
 and solidly put together with close joints filled with mortar. 
 They shall be built to a line, and be earned up plumb and 
 straight. The walls of each story shall be built up the full 
 thickness to the top of the beams above. All brick laid in 
 non-freezing weather shall be well wet immediately before 
 being laid. Walls or piers, or parts of walls and piers, if 
 frozen shall not be built upon. The sand used for mortar in 
 all buildinj^s shall be clean, sharp sand, and shall not be 
 finer than the standard samples kept in the office of the com- 
 missioner of building. The brick used in all buildings shall 
 be good, hard, well-burnt brick. Cement mortar shall be 
 made of sand and cement in the proportion of not more than 
 three parts of sand to one part of cement, and shall be used 
 immediately after being mixed. Lime mortar shall be made 
 of not more than four parts of sand to one pai*t of lime, and 
 shall not be used before being thorouglily slacked. Cement 
 
Department of Building*. its 
 
 Title XIT. 
 
 and lime mortar shall be made of one part of lime and one 
 part of cement, and three parts of sand. Concrete for foun- 
 dation shall be made of one part of cement, two parts of sand 
 and five parts of small, clean, broken stone, all carefully mixed, 
 or one-half of the five parts may be clean gravel and the other 
 half small broken stone. In every building more than three 
 stories in height hereafter erected, all the walls or partitions 
 forming interior light or vent shafts, shall be built of brick, 
 or such other fire proof materials as may be approved by the 
 commissioner of buildings. The ceiling over every cellar or 
 lowest floor in dwelling-houses more than four stories in 
 height, when the beams are of wood, shall be lathed with 
 wire or metal lath and plastered thereon with two coats of 
 brown mortar of good materials. When wood wainscoting is 
 used in any building hereafter erected, the surface of the 
 wall or partition behind such wainscoting and on all furred 
 walls or stud partitions, shall be plastered down to the floor 
 line. 
 
 § 12. Openings for doors and windows in all buildings ex- 
 eept as otherwise provided, shall have good and sufiicient 
 arches of stone, brick or terra cotta, well built and keyed 
 with good and sufficient abutments, or lintels of stone as fol- 
 lows : For an opening not more than four feet in width, the 
 lintel shall not be less than eight inches in height ; for an 
 opening not more than six feet in width, the lintel shall not 
 be less than twelve inches in height ; for an opening exceed- 
 ing in width, six feet and not more than eight feet in width, 
 the lintel shall be the full thickness of the wall to be sup- 
 ported, and not less than fifteen inches in height. Every 
 stone lintel over such openings, six feet or less in width, in all 
 walls, shall not be less than four inches thick, and shall have 
 a bearing at each end of not less than five inches in the walls. 
 On the inside of all openings in which the stone lintel shall 
 be less than the thickness of the wall to be supported, there 
 shall be a good timber lintel on the inside of the stone lintel 
 which shall rest at each end not more than three inches on any 
 wall, and shall be chamfered at each end and shall have a 
 double row-lock or bonded arch turned over the timber lintel, 
 or the inside lintel naay be of cast-iron, and in such case, stone 
 
Title XIV. 
 
 179 Department of Baildiaga 
 
 blocks or cast-iron plates shall not be required at the ends 
 Tvhere the lintel rests on the walls, provided the openings are 
 not more than six feet in width. 
 
 ^ 13. The height of all the walls shall be measured from the 
 curb level at the center of the building to the top of the 
 highest point of the roof-beams in the case of flat roofs, and 
 for high pitched roofs the average of the height of the gable 
 shall be taken as the highest point of the wall. In case the 
 wall is carried on iron girders, or iron girders and columns 
 or piers of masonry, the measurement as to height may be 
 taken from the top of such girder. When the walls of a 
 structure do not join the street, then the average level for 
 the ground adjoining the walls may be taken instead of the 
 <rurb level for the height of such structure. The width of 
 buildings for the purpose of this title may he determined by 
 the way the beams are placed. The lengthwise of the beam 
 may be considered and taken to be the width wise of the 
 building and the bearing walls are those walls on which the 
 beams or trusses rest. Eight-inch brick and six-inch and four- 
 inch hollow tile partition walls of hard-burnt clay or porous 
 terra cotta map be built not exceeding in their vertical por- 
 tions a measurement of fifty, thirty-six and twenty feet re- 
 spectively, and in their horizontal measurement a length not 
 exceeding seventy-five feet, unless sti'engthened by proper 
 ■cross walls, piers or buttresses. All such walls are to be 
 <iarried on proper foundations or on iron girders, or iron 
 girders and columns, or piers of masonry. One line of fore 
 and aft partitions in the cellar, supporting stud partitions 
 above in all buildings over eighteen feet between bearing 
 walls in the cellar, hereafter erected, shall be constructed of 
 brick not less than eight inches thick, or piers of brick with 
 openings arched over below the under side of the first 
 tier of beams, or girders of iron or steel and iron or 
 steel columns, or piers of masonry, may be used : or if 
 iron or steel floor beams spanning the distance between 
 bearing walls are used of adequate strength to support 
 the stud partitions above, in addition to the floor load, 
 to be sustained by the said iron or steel beams, then the 
 lore and aft brick partition or its equivalent may be omitted. 
 
Department of Buildings. 180 Title XIV. 
 
 Fore and aft stud partitions, and such other main stud par- 
 titions as may be required by the commissioner of buildings, 
 which may be placed in the cellar or lowest story of any 
 building, shall have good, solid stone or brick foundation 
 walls under the same, which shall be built up to the top of 
 the floor beams or sleepers, and the sills of said partitions 
 shall be of locust, or other suitable hard wood, but if the 
 walls are built five inches higher of brick than the top of the 
 floor beams or sleepers, any wooden sill may be used on 
 which the studs shall be set. Fore and aft stud partitions 
 that rest directly over each other shall run between the 
 wooden floor beams and rest on the plate of the partition be- 
 low, and shall have the studding filled in solid between the 
 uprights to the depth of the floor beams with suitable in- 
 combustible materials. All girders supporting the first tier 
 of wooden beams in buildings shall be supported by brick 
 piers or iron, locust or other suitable hard wood posts of 
 sufficient strength on proi>er foundations. 
 
 if 14. In every building used as a dwelling house, tenement- 
 house, apartment-house or hotel each floor shall be of suffi- 
 cient strength in all its parts to bear safely upon every super- 
 ficial foot of its surface seventy pounds. If to be used for 
 office purposes, not less than one hundred pounds upon every 
 superficial loot. If to be used as a place of public assembly, 
 including school-houses, one hundred and twenty pounds. 
 If to be used as a store, factory, warehouse, or for any other 
 manufacturing or commercial purpose, one hundred and fifty 
 pounds and upwai'ds upon every superficial foot. Every floor 
 shall be of sufficient strength to bear safely the weight to be 
 imposed thereon in addition to the weight of the materials 
 of which the floor is composed. The roofs of all buildings 
 shall be proportioned to bear safely fifty pounds upon every 
 superficial foot of their suface, in addition to the weight of 
 materials composing the same. Every column, post or other 
 vertical support shall be of sufficient strength to bear safely 
 the weight of the portion of each and every floor depending 
 upon it for support in addition to the weight required, as be- 
 fore stated, to be supported safely upon said portions of 
 said floor. The dimensions of each piece, or combination 
 
Title XIY. 181 Department of Buildings, 
 
 oi materials required, shall be ascertained by computa- 
 tion, according to the rules given in Haswell's mechanics* 
 nnd engineers' pocketbook, except as may be otherwise pro- 
 vided for in this title. The strength of all columns and posts 
 shall be computed according to Gordon's formula, and the 
 crushing weights in pounds to the square inch of section, for 
 the following named materials, shall be taken as the co-effi- 
 cient in the said formula, namely : Cast4ron, eighty thou- 
 sand pounds; rolled steel, forty-eight thousand pounds; 
 wrought-iron or rolled iron, forty thousand pounds ; Ameri- 
 can oak, six thousand pounds : pitch or Georgia pine, five 
 thousand pounds : white pine and spruce, thirty -five hundred 
 pounds. The breaking strength of wooden beams and girders 
 shall be computed occording to the formula, in which the 
 ■constants for transverse strains for central loads shall be as 
 follows, namely : Hemlock, four hundred pounds ; white pine, 
 four hundred and fifty pounds ; pitch or Georgia pine, five 
 liundred and fifty pounds : American oak, five hundred and 
 fifty pounds : spruce, four hundred and fifty pounds. For 
 wooden beams and girders carrying a uniformly distributed 
 load the constants will be doubled. The factors of safety 
 shall be as one to four for all beams, girders and other pieces 
 subject to a transverse strain : as one to four for all posts, 
 columns and other vertical supports when of wrought iron or 
 rolled steel ; as one to five for other materials subject to a 
 compressive strain ; as one to six for tie-rods, tie-beams 
 and other pieces subject to a tensile strain. Good, soUd 
 natural eaith shall be deemed to safely sustain a load of four 
 tons to the superficial foot, or as otherwise determined by the 
 commissioner of buildings. The width of footing courses 
 shall be at least sufficient to meet this requirement. In com- 
 puting the weight of walls, a cubic foot of brickwork shall be 
 deemed to weigh one hundred and fifteen pounds : sandstone, 
 white marble, granite and other kinds of building stone shall 
 be deemed to weigh one hundred and sixty poimds per cubic 
 foot. The safe bearing load to apply in good brickwork shall 
 be taken at eight tons per superficial foot when good lime 
 mortar is used : eleven and one- half tons per superficial foot 
 when good Ume and cement mortar mixed is used ; fifteen tons 
 per superficial foot when good cement mortar is used. Every 
 
Pepartment of Buildings. 182 Title XIV. 
 
 temporaiy support placed under any structure, wall, girder 
 or beam duiing the erection, finishing, alteration or repair- 
 ing of any building or structure, or any part thereof, shall be 
 of sufficient strength to safely carry the load to be placed 
 thereon. In all warehouses, storehouses, factories, work- 
 shops and stores where heavy materials are kept or stored, or 
 macninery introduced, the weight that each floor will safely 
 sustain upon each superficial foot thereof shall, within ninety 
 days after the passage of this act, be estimated by the owner 
 or occupant, or by a competent person employed by the owner 
 or occupant. Such estimate shall be reduced to writing, 
 stating the materials, size, distance apart and span of beams 
 and girders, posts or columns to support floors, and its cor- 
 rectness shall be sworn to by the person making the same, 
 and it shall thereupon be filed in the office of the department 
 of buildings. But if the commissioner of buildings shall 
 have cause to doubt the correctness of said estimate, he is 
 empowered to revise and correct the same, and for the pur- 
 -pose of such revision the officers and employes of the said 
 department of buildings may enter any building and remove 
 so much of any floor, or other portion thereof, as may be re- 
 quired to make necessary measurements and examinations. 
 "When the correct estimate of the weight that the floors in 
 any such building will safely sustain, has been ascertained, as 
 herein provided, the commissioner of buildings shall approve 
 the same, and thereupon the owner or occupant of said build- 
 ing, or of any portion thereof, shall post a copy of such ap- 
 proved estimate in a conspicuous place on each story of the 
 building to which it relates. Before any building hereafter 
 erected is occupied and used, in whole or in part, for any of 
 the purposes aforesaid, and before any building erected prior 
 to the passage of this act, but not at such time occupied for 
 any of the aforesaid purposes, is occupid or used, in whole 
 or in part, for any of said purposes, the weight that each 
 floor will safely sustain upon each superficial foot thereof 
 shall be ascertained and posted as hereinbefore re- 
 quired. The weights placed on any floor in any 
 buildingjshall be safely distributed thereon. The commis- 
 sioner of buildings may require the owner or occupant of any 
 building, or portion thereof, fco redistribute the load on any 
 
Title XIV. 
 
 183 Department of Buildings. 
 
 floor, or to lighten such load as he may direct where he may 
 deem the same to be necessary for the protection of life and 
 property. No person shall place, or cause or permit to be 
 placed on any floor of any building any greater load than the 
 
 - safe load thereof, as estimated and ascertained as herein pro- 
 vided. Any expense necessarily incurred in removing any 
 floor, or other portion of any building for the purpose of 
 making any examination herein provided for, shall be paid 
 by the comptroller of the City of Brooklyn, upon the requisi- 
 tion of the commissioner of buildings, out of any fund paid 
 over to him, under the provisions of this title, and if there be 
 no such fund, then out of the revenue fund. Such expenses 
 shall be a charge against the person or persons by whom, or 
 on whose behalf, said estimate was filed in the office of the 
 department of buildings, and shall be collected in an action 
 to be brought in the name of the City of Brooklyn, against 
 
 . said person or persons, and the sum so collected shall be paid 
 over to said comptroller to be deposited in reimbursement of 
 the amount paid as aforesaid. 
 
 § 15. Every building hereafter erected or altered to be used 
 in whole or in part as a hotel, theatre, hospital, asylum, in- 
 stitution for the care or treatment of persons, the height of 
 which exceeds thirty-five feet, and every other buildiug the 
 height of which exceeds eighty-five feet, shall be built fire- 
 proof, except buildings, the plans and specifications for 
 which have heretofore and within thirty days immediately 
 prior to the passage of this act been approved by the com- 
 missioner of buildings. They shall be constructed with walls 
 of brick, stone, iron or other hard, incombustible materials, 
 in which wooden beams or lintels shall not be placed and in 
 which the floors and roofs shall be of materials similar to the 
 walls. The stairs and stair case landings shall be built entirely 
 of brick, stone, iron or other hard incombustible materials. 
 No woodwork or other inflammable material shall be used 
 in any of the partitions, furrings or ceilings in any such fire- 
 proof buildings, excepting, however, that the doors and win- 
 dows and their frames, the trims, the casings, the interior 
 finish, when fiUed solid at the back with fire-proof materials, 
 and the floor boards and sleepers directly thereunder may be 
 
Department of Buildings. 184 
 
 Title XIV. 
 
 of wood. But nothing in this section contained shall be so 
 construed as to apply to or prevent the erection of what are 
 known as grain elevators, as usually constructed, provided 
 they are erected on tide water or adjacent to the river front 
 in said city, in isolated localities under such conditions as the 
 said commissioner of buildings may prescribe, including loca- 
 tion. In all fire-proof buildings the following rules shall be 
 observed : All cast-iron, wrought-iron, or rolled steel columns 
 shall be made true and smooth at both ends, and shall rest 
 on iron or steel bed plates, and have iron or steel cap plates, 
 which shall also be made true. All iron or steel trimmer 
 beams, headers and tail beams, shall be suitably framed and 
 connected together, and the iron girders, columns, beams, 
 trusses and all other iron work of all floors and roof shall be 
 strapped, bolted, anchored and connected together, and to 
 the walls, in a strong and substantial manner. Where 
 beams are framed into headers, the angle irons which are 
 bolted to the tail beams, shall have at least two bolts for all 
 beams over seven inches in deptli, and three bolts for all 
 beams twelve inches and over in depth, and these bolts shall 
 not be less than three-quarters of an inch in diameter. Each 
 one of such angle or knees, when bolted to girders, shall have 
 the same number of bolts as stated for the other leg. The 
 angle-iron in no case shall be less in thickness than the 
 header or trimmer to which it is bolted, and the width of the 
 angle in no case shall be less than one-third of the depth of 
 beam, excepting that no angle-knee shall be less than two 
 and one-half inches wide, nor required to be more than six 
 inches wide. All wrought-iron or rolled-steel beams eight 
 inches deep and under, shall have bearings equal to their 
 depth, if resting on a wall ; nine to twelve inch beams shall 
 have a bearing of ten inches, and all beams more than 
 twelve inches in depth shall have bearings of not less 
 than twelve inches, if resting on a wall. Where beams rest 
 on iron supports and are properly tied to the same, no greater 
 bearings shall be required than one-third of the depth of the 
 beams. Iron or steel floor beams shall be so arranged as to 
 spacing and length of beams that the load to be supported 
 by them, together with the weights of the materials used in 
 the construction of said floors, shall not cause a deflection of 
 
Title XIV. 185 Department of Buildings. 
 
 the said beams of more than one-thirtieth of an inch per 
 linear foot of span, and they shall be tied together at inter- 
 vals of not more than eight times the depth of the beams. 
 Under the ends of all iron and steel beams where they rest 
 on the walls, stone or iron templates shall be built into the 
 walls. Said templates shall be eight inches wide in twelve- 
 inch walls, and in all walls of greater thickness said templates, 
 shall be twelve inches wide, and such templates, if of 
 stone, shall not be in any case less than five inches in 
 thickness, and no template shall be less than twelve inches 
 long. All brick or stone arches placed between iron or steel 
 floor beams shall be at least four inches thick, and have a 
 rise of at least one inch to each foot of span between the 
 beams. Arches of over five feet span shall be properly in- 
 creased in thickness, as required by the commissioner of 
 buildings. Or the space between the beams may be filled in 
 with sectional hollow brick of hard-burnt clay, porous terra 
 cotta or some equally good fire-proof material, having a depth 
 of not less than one and one-quarter inches to each foot of 
 span, a variable distance being allowed of not over six inches 
 in the span between the beams. The said brick arches shall 
 be laid on the centers, with close joints, and the bricks shall 
 be well wet and the joints filled with cement mortar, in pro- 
 portions of not more than two of sand to one of cement, by 
 measure. The arches shall be well grouted and properly 
 keyed. The bottom flanges of all wrought-iron or rolled- 
 steel floor beams, and all exposed portions of such beams 
 below the abutments of the floor arches, shall be entirely in- 
 cased with hard-burnt clay or porous terra cotta, or with 
 wire or metal lath properly secured, and plastered on the 
 under side. All iron or steel lintels shall have bearings 
 proportionate to the weight to be imposed thereon, but no 
 lintel used to span any opening more than ten feet in width 
 shall have a bearing less than twelve inches at each end, if 
 resting on a wall, but if resting on an iron post such lintel 
 shall have a bearing of at least six inches at each end by the 
 thickness of the wall to be supported. If the posts are to be 
 party posts in front of a party wall, and are to be used for 
 two buildings, then the said post shall not be less in width 
 than the thickness of the party wall, nor less in depth than 
 
Department of Buildings. 186 Title XIV, 
 
 the thickness of the wall to be supported. Intermediate 
 posts may be used which shall be sufficiently strong, suid the 
 lintels thereon shall have sufficient bearings to cany the 
 weight above with safety, as in this title provided. When 
 the lintels or girders are supported at the end by brick walls 
 or piers, they shall rest upon cut granite or bluestone blocks 
 at least twelve inches thick, or upon cast-iron plates of equal 
 strength by the full size of the bearing. In case the opening 
 is less than twelve feet, the stone blocks may be six inches in 
 thickness, or cast-iron plates of eqaul strength by the full 
 size of the bearings may be used. This requirement shall 
 not apply to cast-iron hntels used at the back of the stone 
 lintels over openings not exceeding six feet in width. In all 
 cases where the girder carries the wall and rests on brick 
 piers or walls, the bearings sball be sufficient to support the 
 weight above with safety No cast-iron lintel or beam shall 
 be less than three-quarters of an inch in thickness in any of 
 its parts. Iron beams or girders used to span openings 
 more than sixteen feet in width, upon which walls rest or 
 upon which floor beams are carried, shall be of wrought-iron 
 or rolled steel, and of sufficient strength. All lintels or 
 gii'ders placed over any openings in the front, rear or side of 
 a building or returned over a corner opening, where suj)- 
 ported by brick or stone piers or iron columns, shall be of 
 iron or steel and of the full breadth of the wall supported, 
 in all buildings hereafter erected or altered, where any iron or 
 steel column or columns are used to support a wall, or part 
 thereof, whether the same be an exterior or an interior wall, 
 excepting a wall fronting on a street and columns located 
 below the level of the sidewalk, which are used to support 
 exterior walls or ai'ches over vaults, the said column or 
 columns shall be either constructed double, that is, an outer 
 and inner column, the inner column alone to be of sufficient 
 strength to sustain safely the weight to be imposed thereon, 
 or such other iron or steel column of sufficient strength, and 
 so constructed as to secure resistance to fire, may be used as 
 may be approved by the commissioner of buildings. Cast- 
 iron posts or columns which are to be used for the support 
 of wooden or iron girders or brick walls, not cast with one 
 open side or back, before being set up in place, shall each 
 
Title XIV. 
 
 1S7 Department of Buildings. 
 
 have a three-eighths of an inch hole drilled in the shaft of 
 y-jst or column by the manufacturer or contractor furnishing 
 the same, to exhibit the thickness of the castings, and anr 
 other similar-sized hole or holes which the commissioner of 
 buildings or his duly authorized representative may require, 
 shall be di-illed in the said posts or columns by the said 
 manufacturer or contractor at his own expense. All 
 iron posts or columns in front of party walls shaU be 
 filled up soUd with masonry, and made perfectly tight 
 between the posts and walls, to prevent the passage of 
 smoke or fire. Iron posts or columns cast with one 
 or more open sides and backs shall have solid iron plates on 
 top of each, to prevent the passage of smoke or fire through 
 them from one story to another, excepting where pierced for 
 the passage of pipes. No cast-iron post or column shall be 
 used in any building of a less average thickness of shaft than 
 three-quarters of an inch. Nor shall it have an unsupported 
 length of more than twenty times its least lateral dimensions 
 or diameter. No wrought iron or rolled-steel column shall 
 have an unsupported length of more than thirty times its 
 least lateral dimensions or diameter. Nor shall its metal be 
 ^ess than one-fourth of an inch in thickness. All cast-iron, 
 ~ 2 - ^'ht-iron or rolled-steel columns shall have their bearings 
 raced smooth, and at right angles to the axis of the column. 
 And when one column rests on another column, they shall be 
 -ecurely boUed-together. ^Vfeei-erolffluns ai-e used to support 
 iron or steel girders carryincr curtain walls, the said columns 
 shall be of cast-iron, wrought-iron or rolled-steel,* and on 
 their exposed outer and inner surface be constructed to resist 
 fire by having a casing of brickwork not less than four inches 
 in thickness or other fire-proof material and bonded into the 
 brickwork of the curtain wall, or the inside surface of the 
 said column may be covereil with an outer shell of iron, hav- 
 ing an air space between, and the exposed sides of the iron 
 c-.nd steel girders shall also be similarly covered in and tied 
 .nd bonded. When the thickness of the curtain walls is 
 twelve inches the girders for the support of the same shall 
 be placed at the floor line of each story, commencing at the 
 line where the thickness of twelve inches starts, and when 
 the thickness of such walls is sixteen inches, the girders shall 
 
Department of Buildings. I8b Title XIV. 
 
 be placed not further apart than eveiy other story at the floor 
 line, commencing where the thickness of sixteen inches starts, 
 provided that at the intermediate floor line a suitable tie of 
 iron or steel shall rigidly connect the columns together hori- 
 zontally, and that the ends of the floor beams do not rest on 
 the said sixteen-inch walls. When the curtain walls are 
 twenty inches or more in thickness, and rests directly on the 
 foundation walls,- the ends of the floor beams may be placed 
 directly thereon, but at or near the floor line of each story 
 ties of iron or steel incased in the brickwork shall rigidly 
 connect the columns together horizontally. If galvanized 
 iron is used as part of the front of any building, it shall be 
 thoroughly braced and anchored with iron and the wall or 
 backing or filling shall conform as to thickness to the require- 
 ments of this title for backing up of ashlar and filling in of 
 iron fronts. The iron arches, or the usual light castings con- 
 necting the columns of an iron front of a building, shall be 
 filled in from the soffits to the sills on each upper story vnth 
 brickwork not less than eight inches thick, or hollow burnt 
 clay blocks not less than eight inches thick, and carried 
 through the open back columns to the same upper level, 
 the brickwork or blocks to rest on the plates within the col- 
 umns. Rolled iron or steel beam girdei's, or riveted iron 
 or steel plate girders used as lintels or as girders car- 
 rying a wall or floor, or both, shall be so proportioned that 
 the loads which may come upon them shall not pro- 
 duce strains in tension or compression upon the flanges 
 of more than twelve thousand pounds for iron, nor more than 
 fifteen thousand pounds for steel per square inch of the gross 
 section of each flange, nor a shearing strain upon the web- 
 plate of more than six thousand pounds per square inch of 
 section of such web-plate, if of iron : nor more than seven 
 thousand pounds, if of steel, but no web shall be less than 
 one-quarter of an inch in thickness. Rivets, in plate girders 
 shall not be less than five-eights of an inch in diameter, and 
 shall not be spaced more than six inches apart, in any case. 
 They shall be so spaced that their shearing strain shall not 
 exceed nine thousand pounds per square inch of section, nor 
 their bearing exceed fifteen thousand pounds per square inch 
 on their diameter multiplied by the thickness of the plates 
 
Title XIV. 
 
 189 Department of Buildings. 
 
 through which they pass. The rivited plate-girders shall be 
 proportioned upon the supposition that the bending or cord 
 strains are resisted entirely by the upper and lower flanges, 
 and that the shearing strains are resisted entirely by the 
 web-plate. No part of the web shall be estimated as flange 
 ai*ea, not more than one-half of that portion of the angle-iron 
 which lies against the web. The distance between the centers 
 of gravity of the flange area will be considered as the effective 
 depth of the girder. Before any girder, as before mentioned, 
 to be used in any building shall be so used, the architect or 
 the manufacturer of, or contractor for it, shall, if required so 
 to do by the commissioner of buildings, submit for his ex- 
 amination and approval, a diagram showing the loads to be 
 carried by said girder and the strains produced by such load, 
 and also showing the dimensions of the materials of which 
 said girder is to be constructed to provide for the said strains. 
 The manufacturer or contractor shall cause to le marked 
 upon said girders, in a conspicuous place, the weight sai<l 
 girder will sustain, and no greater weight than that marked 
 on such girder shall be placed thereon. 
 
 § 16. Before any iron or steel beam, lintel or girder, in- 
 tended to span an opening over ten feet in length in any 
 building shall be used for supporting a wall, the manfacturer 
 or founder thereof, or the owner of sai^ building shall have 
 the said beam, lintel or girder inspected, and, if required by 
 the commissioner of buildings, shall have the same tested by 
 actual weight w pressure t hereon, under the direction and 
 supervision of an inspector authorized by the commissioner 
 of buildings. Said manufacturer, founder or owner shall 
 notify the commissioner of buildings in writing of the time 
 when and the place where said inspection and test may be 
 made, and said inspector shall cause the weight which each 
 of said beams, lintels or girders will safely sustain, to be 
 properly stamped or marked in a conspicuous place thereon, 
 and no greater weight shall be put or placed upon any beam, 
 lintel or girder than that stamped or marked thereon by said 
 inspector. The deflection of a cast-iron beam, lintel or gii'der 
 under an applied test of double the weight to be carried shall 
 not exceed one-fiftieth of an inch to the foot of span, and said 
 
Department of Buildingps. 19(' 
 
 Title Xrv. 
 
 beam, lintel or girder shall return to its original shape after 
 the test. In case any iron or steel girder, beam, or lintel, or 
 any iron or steel column shall be rejected by said inspector 
 as unfit or insufficient to be used for the purpose proposed, 
 the same shall not be used for such purpose, in or upon or 
 about any building or ' part thereof. All iron work or steel 
 work used in any building shall be of the best material and 
 made in the best manner, and properly painted with oxide 
 of iron and linseed oil paint, before being placed in position, 
 or coated with some other equally good preparation, or suit- 
 ably treated for preservation against rust. 
 
 ? 17. All wooden beams and other timbers in the party- 
 wall of every building built of stone, brick or iron, shall be 
 separated from the beam or timber entering in the opposite 
 side of the wall by at least four inches of solid mason work. 
 No wooden floor beams nor wooden roof beams used in 
 any building other than a frame building hereafter erected 
 shall be of a less thickness than three inches, except 
 in dwelling-houses not exceeding fifteen feet wide. All 
 w^ooden trimmer and header beams shall not be less 
 than one inch thicker than the floor or roof beams 
 on the same tier, where the header is four feet or less in 
 length, nor in any case less than four inches in thickness. 
 Where the header is more than four feet and not more than 
 ^fteen feet in length, the trimmer and header beams shall be 
 at least double the thickness of the floor or roof beams or 
 shall be made of two beams forming such thickness, properly 
 spiked or bolted together. When the header is more than 
 fifteen feet in length, wrought-iron flitch plates of proper 
 thickness and depth shall be placed between two wooden 
 beams, suitably bolted together to and through the iron 
 plates in constructing the trimmer and header beams, or 
 i?vrought-iron or rolled-steel beams of sufficient length may be 
 used. Ever}' wooden beam, except header and tail beams, 
 shall rest at one end four inches in the wall, or upon a girder 
 as authorized by this title. Every wooden header or trim 
 iner more than six feet long used in any building shall be 
 hung in stirrup irons of suitable thickness for the size of the 
 timber. No timber shall be used in any wall of any building 
 
Title XIV. 1^*1 Department of Buildings.. 
 
 where stone, brick or iron is commonly used, except lintels 
 as herein provided, and brace blocks. The ends of all wooden 
 floor and roof beams, where they rest on brick walls, shall be 
 cut to a bevel of three inches ou their depth. All wooden 
 beams shall be trimmed away from all flues, whether the 
 same be a smoke, air or any other flue, the trimmer-beam to 
 be eight inches from the inside face of the flue in a straight 
 way, and four inches from the outside of a chimney breast, 
 and the header two inches from the outside face of the flue. 
 All fire-places shall have trimmer arches to support hearths, 
 and the said arches shall be at least sixteen inches in width, 
 measured from the face of the chimney breast, and shall be 
 constructed of brick, stone or burnt clay. The length of 
 trimmer arch shall be in no case less than the width of the 
 breast. Each tier of beams shall be anchored to the side, 
 front, real- or party- walls at intervals of not more than six 
 feet apart, with good, strong wrought-iron anchors of not less 
 than one and one-half inches by three-eighths of an inch in 
 size, well-fastened to the sides of the beams by two or more 
 nails made of wrought-iron at least one-fom-th of an inch in 
 diameter, or such other kind of anchor the commissioner may 
 approve. Where the beams are supported by girdei*s the 
 girders shall be anchored to the walls and fastened to each 
 other by suitable iron sti'aps. The ends of beams resting 
 upon girders shall be butted together, end to end, and strap- 
 ped by wrought-iron straps of the same size and distance 
 apart, and in the same beam as the wall anchoi*s, and shall 
 be fastened in same manner as said wall anchors, or they 
 may lap each other at least twelve inches and be well-spiked 
 or bolted together where lapped. Every pier and wall, front 
 or rear, shall be well anchored to the beams of each story 
 with the same size anchors as are required for side walls, 
 which anchors shall hook over at least the second beam- 
 Each tier of beams, front or rear, opposite each pier, shall 
 have hard wood or Georgia pine anchor strips dove tailed 
 into the beams diagonally, which strips shall cover at least 
 four beams and be one inch thick and four inches wide, but 
 no such anchor strip shall be let in within four feet of the 
 <;enter line of the beam, or wooden strips shall be nailed on 
 the top of the beams aiid kept in place until the floors are 
 
Department of Buildings. 192 
 
 Title xnr. 
 
 being laid. All timbers and wooden beams used in any 
 building shall be of good, sound material, free from rot, large 
 and loose knots, shakes or any imperfection whereby the 
 strength may be impaired, and be of such size and dimen- 
 sions as the pui'pose for which the building is intended may 
 require. 
 
 § 18. All fireplaces and cbimnej'S in stone or brick walls in 
 any building hereafter erected, except as herein otherwise 
 provided, and any chimney or flues hereafter altered or re- 
 paired, without reference to the purpose for which they may 
 be used, shall have the joints struck smooth on the inside. 
 No pargetting mortar shall be used on the inside of any 
 chimney or flue. The tire backs of all fireplaces hereafter 
 erected shall be not less than eight inches in thickness of 
 solid masonry. The stone or brickwork of all chimney shafts 
 of furnaces, boilers, bakers' ovens, cooking ranges, laun- 
 dry stoves and heating furnaces, and all flues used for a simi- 
 lar purpose shall be at least eight inches in thickness. If 
 there is a cast iron or burnt clay pipe built inside of the same 
 with one-inch air space all around it, then the stone or brick 
 work inclosing such pipes shall not be less than four inches 
 in thickness. All smoke flues of smelting f urnaces, or of 
 steam boiler or other apparatus which heat the flues to a high 
 temperature shall be built with double walls with an air space 
 between them, the inside four inches to be of fire-bricks or 
 fire-clay slabs, or blocks laid in fire mortal- to the height of 
 twenty-five feet from the bottom. All smoke flues shall ex- 
 tend at least three feet above the roof, and on all buildings 
 other than private dw^elling houses, three stories or less in 
 height, shall be coped with well burned ten a cotta, stone or 
 cast iron. All stone or brick hot-air flues and shafts shall be 
 lined with tin, galvanized iron or burnt clay pipes. No wood 
 casing, furring or lath shall be placed against or cover any 
 smoke flue or metal pipe used to convey hot air or steam. 
 No smoke pipe shall pass through any floor or any i*oof of 
 any building. No stovepipe in any building with wooden or 
 combustible floors, ceilings or partitions, shall enter any flue 
 unless the said pipe shall be at least twelve inches from either 
 the said floors, ceilings or partitions, unless the same is prop- 
 
Title XIV. 
 
 193 Department of Buildings. 
 
 erly protected by a metal shield, in which case the distance 
 shall not be less than six inches. In all cases where stove- 
 pipes pass through stud or wooden partitions or furred walls 
 of any kind, they shall be guarded by either a double collar 
 of metal, with at least three inches of air space and holes for 
 ventilation, or by a soapstone or burnt clay ring not less than 
 three inches in thickness and extending through the parti- 
 tions. Where laundry stoves, hot water, steam, hot air or 
 other furnaces are used in any building, the smokepipe lead- 
 ing therefrom must be kept not less than eighteen inches 
 from the floor beams or ceiling, unless the same is properly 
 protected by a metal shield, when the distance shall not be 
 less than nine inches. In all cases where such pipe passes 
 through a wood or stud partition it shall be protected by a 
 thimble with eight inches of brickwork around it, or a double 
 collar of metal with at least six inches air space and holes for 
 ventilation. Tin or other metal flues, or pipes used or in- 
 tended to be used to convey heated air, shall be inclosed with 
 brick or stone at least four inches in thickness, or other hard 
 incombustible materials. Horizontal pipes and hot-air pipes 
 in stud partitions shall be built in the following manner : 
 The pipes shall be double, that is, two pipes, one inside the 
 other, at least one-half inch apart, and there slinll be a space 
 of three inches between the j)ipes and stud on each side ; the 
 inside faces of the said stud shall be well lined with tin plate 
 and the outside faces covered with iron, lath or slate. No 
 hot-air pipe shall be allowed in any stud partition unless said 
 partition shall be at least eight feet distant in a horizontal 
 direction from the furnace. Horizontal hot-air pipes shall be 
 kept six inches below the floor beams or ceiling : if the fjoor 
 beams or ceiling are plastered and protected by a metal 
 shield, then the distance shall not be less than three inches. 
 In cases where hot-air pipes pass through a wood or stud 
 partition, they shall be guarded by either a double collar of 
 metal, with two inches air space and holes for ventilation, or 
 they shall be surrounded by brick work at least four incl^ies 
 in thickness. All flues in every building shall be properly 
 cleaned, and all rubbish removed and the flues left smooth on 
 the inside upon the completion of all buildings. No chimney 
 shall l>e started or built upon any floor or beam of wood. In 
 
Department of Buildings. 194 Title XIV.. 
 
 no case shall a chimney be corbeled out more than eight 
 inches from the wall, and in all such cases the corbeling shall 
 consist of at least five courses of brick, but no corbeling shall 
 be allowed in eight-inch walls. Where chimneys are sup-^ 
 ported by piers, the piers shall start from the foundation on 
 the same line with the chimney breast, and shall be not less 
 than twelve inches on the face properly bonded into the wall. 
 No chimney shall be cut off below, in whole or in part and 
 supported by wood, but shall be wholly supported by stone, 
 brick or iron. All chimneys which shall be dangerous in any 
 manner whatever shall be repaired and made safe or taken 
 down. Iron cupola chimneys of foundries shall extend at least 
 ten feet above the highest point of any roof within a radius of 
 fifty feet of sucii cupola, and be covered on top with a heavy 
 wire netting. 
 
 ? 19. No steam pipe shall l)e placed within two inches of 
 any timber or woodwork unless the timber or woodwork is 
 protected by a metal shield, then the distance shall not be 
 less than one inch. All steam pipes passing through floors 
 and ceilings, or lath and plastered partitions shall be pro- 
 tected by a metal tube one inch larger in diameter than the 
 pipe, and the space shall be filled with mineral wood, asbestos 
 or other incombustil)le materials. All wooden boxes or cas- 
 ings inclosing .steam pipes and «all covers to recesses shall be 
 lined with iron or tin plate. All brick hot-air furnaces shall 
 have two covers, with an air space of at least four inches be- 
 tween them ; the inner cover of the hot-air chamber shall be 
 either a brick arch or two courses of brick laid on galvanized 
 iron or tin supported by iron bars : the outside cover, which 
 is the top of the furnace, shall be made of brick or metal 
 supported by iron bars, and so constructed as to be perfectly 
 tignt, and shall not be less than four inches below the ceil- 
 ing or floor beam. The walls of all furnaces shall be built 
 hoUow in the following manner : One inner and one ou^er 
 wall, each four inches in thickness, properly bonded together 
 with an air space of not less than three inches between them. 
 Furnaces must be built at least four inches from all wood- 
 work. All cold-air boxes shall be made of metal, brick or 
 other incombustible materials for a distance of at least three 
 
Title XIV. 195 Department of Buildings 
 
 feet from furnace. All portable hot-air furnaces shall be 
 kept at least two feet from any wooden or combustible par- 
 tition or ceiling, unless the partition and ceilings are prop- 
 erly protected by a met;d shield, when the distance shall n(^t 
 be less than one foot. Wooden floors under any portable 
 furnace shall be protected by a suitable stone, or a course 
 of brick well laid in mortar. Said stone or brick shall ex- 
 tend at least two feet beyond the furnace in front of the 
 ash pan. Registers located over n biick furnace shall be 
 supported by a brick shaft built up from the cover of the 
 hot-air chamber, said shaft shall have a metal pipe 
 inside of it. AU registers for hot-air furnaces placed in any 
 woodwork or combustible floors shall have stone borders 
 firmly set in plaster of paris or gauged mortar. AU such 
 register boxes shaU be made of tin plate with a flange on the 
 top to fit the groove in the stone, the register to rest upon 
 the same ; there shall be an open space of two inches on all 
 sides of the register box, extending from the under side of 
 the stone border to and through the ceiling below. The said 
 opening shnU be fittad with tight tin casing, the upper end 
 of which shall be turned under the stone. When a register 
 box is placed on the floor over a portable furnace, the open 
 space on all sides of the register box shall not be less than 
 three inches. When only one register is connected with the 
 furnace said register shall have no valve. AViiere a kitchen 
 range is placed near a wooden stud partition the studs shall 
 be cut away and framed two feet higher and one foot wider 
 than the range, and fiUed into a line with said stud partition 
 with brick or fire-proof blocks, and plastered thereon. No 
 gas, water, or o!her pipes which may be introduced into any 
 building shaU be let into the beams unless the same be placed 
 within thirty-six inches from a wall or supporting partition ; 
 in no case shtiU the said pipes be let into the beams more 
 than two inches in depth. Every electiic wire for furnishing 
 light, heat or power, led into any building from the outside 
 thereof, shaU be arranged with suitable appliances to cut off 
 the current on the outside of the building. AU wires placed 
 inside of the building, whether in connection with aeiial or 
 undergroun i wires and carrying electric currents, shall be 
 propeily 'nsu'ated. All gas brackets shall be placed, at least, 
 
Department of Buildings. 196 
 
 Title XIV. 
 
 three feet below any ceilinf]^ or woodwork, unless the same is 
 properly protected by a shield ; iu which case the distance 
 shall not be less tbaa eighteen inches. In cases where hot 
 water, steam, Lot air or otlier heating appliances or furnaces 
 tire herea!ter placed in any building, or flues or fire places are 
 changed or enlarged, due notice shall first be given to the 
 commissioner of buildings by the person or persons placing the 
 said furnace or furnaces in said building, or by the contractor 
 or superintendent of said work. 
 
 § 20 Every building which is more than three stories in 
 height, above the curb level, occupied fur manufacturing or 
 mercantile purposes, sball have doors, blinds or shutters 
 made of iron hung to iron hanging frames, or to iron eyes 
 built into the wall on every window and every opening above 
 the first story thereof, excepting on the front openings of 
 buildings fronting on streets wliich are more than thirty feet 
 in width, or where no other buildings are within thirty feet 
 of such openings. Or the said doors, blinds or shutters may 
 be constructed of i3ine or other soft wood of two tlii( knesses 
 of matched boards at right angles with each other, and securely 
 covered with tin, on both sides and edges, with folding Lip- 
 ped joints, the nails for fastening the same being diiven 
 inside tlie lap ; the hinges and bolts, or latches shall be secured 
 or fastened to the door or shutters after the same has been 
 covered with the tin, and such doors or shutters shall be hung 
 upon an iron frame, independent of the woodwork of the 
 windows and doors, or two iron hinges, securely fastened in 
 the masonry ; or such frames, if of wood, shall be covered 
 with tin in the same manner as the doors and shutters. AU 
 occupants of the building shall close the said shutters, doors 
 and blinds at the close of the business of each day. AU 
 shutters opening on tire-escapes, and, at least, one row verti- 
 cally, in every three rows of the front window openings above 
 the first story of any building shall be so arranged that they 
 can be readily opened from the outside by firemen. All roll- 
 ing iion or steel shutters hereafter placed in the first story 
 of any building shall be counterbalanced, so that said rolling 
 shutters may be readil}' opened by the firemen. All windows 
 and openings above the first story of any building may be 
 
Title XrV. 
 
 197 Department of Buildings. 
 
 exempted from having shutters, upon the written consent of 
 the commissioner of buillings. AYherp opeuiugs in interior 
 brick WfiUs are fitted with fireproof doors or shutters to 
 prevent the spread of fire between buildings, or parts 
 of any buildings, the said doors or shutters shall be 
 closed at the close of the business of each day by the occu- 
 pants or occupant of the building having use or control of the 
 same. 
 
 § 21. In any builling in which there shall be any hoist- 
 way 01- freight elevator, or w( 11-bole not inclosed in walls con- 
 struc ted of brick or other fiieproof material, and provided 
 with fireproof doors, the openings tbertof through and upon 
 each floor of said buildings, sbiill be provided with, and pro- 
 tected by a substantial guard or gate, and with such good 
 and sufficient trap-doors with which to close the same, as 
 may be directed and approved by the commissioner of build- 
 ings. The said commissioner shall have exclusive power and 
 authority within said city to require the openings of hoist- 
 ways or hoistway shafts, elevators and well -holes in buildings, 
 to be inclosed or secured by trap-dooi*s, guards or gates and 
 railings. Such guards or gates shall be kept closed at all 
 times, except when in actual use, and the tiap-doors shall be 
 closed at the close of the business of each day by the occu- 
 pant or occupants of the building having the use or control 
 of the same. In all buildings hereafter erected, the roof im- 
 mediately over the hoistway, elevator or well-hole shall be 
 covered with a skvlight of suitable size. All ( levators here- 
 after placed in any building, except such fiieproof buildings 
 as have been i>r may be erected in accordance with this title 
 shall be inclosed in suitable walls of brick, or with suitable 
 framework of iron and burnt clay filling, or of such other 
 fireproof filling, materials and form of construction as may 
 be approved by the commissioner of buildings. Said walls 
 or Construction shall extend through, and at least three feet 
 above the roof, and all openings in the same shall be provided 
 with firepr )of dooi*s. Elevators may be put in the well-hole 
 of stairs in buildings, without such brick or fireproof inclos- 
 ures, where the stairs are inclosed in brick or stone wall, and 
 the staus are constructed as specified hereafter. Elevators 
 
Department of Buildings. 198 Title XIV. 
 
 may nlso be pLiced in any stair, well or open court of any 
 building erected prior to the passage of this act, under a per 
 mit therefor from the commissioner of buildings, but tlie 
 framework and inclosnres of any such elevator shall be 
 constructed of fireproof materials. The foregoing require- 
 ments as to biick or fireproof shafts shnll include all dumb 
 waiters, except sncli as do not extend through more than 
 three stories in dwelling houses. The roofs over all inclosed 
 elevators shall be made of fireproof materials, with a skylight 
 at least three-fourths the area of the shaft, made of glass, set 
 i n iron frames. Immediately under the machinery at the 
 top of ever}^ elevator shaft hereafter placed in any building 
 in said cit}', there shall be provided and placed a substantial 
 grating or screen of iron, of such construction as shidl be 
 approved by the commissioner of buildings. The commis- 
 sioner of buildings shall make regulations for the inspection 
 of passenger elevators, with a view to the safety of passen- 
 gers, and shall also prescribe suitable qualifications for per- 
 sons who are placed in charge of running passenger elevators. 
 The rcguhitious so made shall require any repairs found 
 necessary upon inspection to be made without d« lay. In 
 case defects are found to exist which would endanger life by 
 the continued use of such elevator, tlien upon notice from 
 the commissioner of buildings, the use of such elevator shall 
 <;ease, and it shall not again be used until a certificate shnll 
 be first obtained from the commissioner that sucli elevator 
 has been put in safe order and is fit for use. No person 
 shall employ or permit any person to be in charge of running 
 any passenger elevator who does not possess the qualifications 
 prescribed therefor. All such elevators shall be inspected at 
 least once every three mouths. Every freight elevator or lift 
 shall have a notice posted conspicuously thereon as fuUosvs : 
 Pers(ms riding on this elevator do so at their own lisk. 
 Every elevator in any building erected to be occupied, or 
 now occupied, as a hotel, shall, within six months after the 
 passage of this act, be inclosed in suit,able walls constructed 
 and arranged as in this section required for elevators here- 
 after x^l iced in buildings, unless under the provisions of this 
 section, such elevators miglit have been placed in said build- 
 ings without such inclo^jng walls. 
 
Htle XIV. 
 
 199 Department of Buildings. 
 
 § 22. If a mansard or any other roof having a pitch of 
 ever sixty degrees be placed on any building, except a wooden 
 bnilding, or a dwelling house not exceeding thirty five feet 
 ii b( 14 ht, it shall be constructed of iron rafters and lathed 
 with iron on the inside and plastered, or filled in with fire- 
 proof material not less than three inches thick, and covered 
 with metal or tile. All exterior cornices, inclusive of those on 
 rfiow windows and gutters of all buildings, shall be of some 
 fire-proof material and be well secured to the walls with iron 
 aBchora, independent of any w^ood-work. In all cases the 
 walls shall be carried up to the planking of the roof. Where 
 4he cornice projects above the roof the walls shall be carried 
 wp to the top of the cornice. The party w alls shall in all 
 eases extend up above the x^lftnkiug of the cornice and be 
 eoped. All exterior w'ooden corjiices, on other than frame 
 buildings, that may now be or that may hereafter become 
 unsafe or rotten, shall be taken down, and if replaced shall 
 he constructed of some fire-proof material. Bulkheads used 
 asfinclosures for tanks and elevators and coverings for the 
 machinery of elevators and all other bulkheads, including 
 tbc bulkheads of all dwelHng hc»uses hereafter erected or 
 altered, may be constructed of hollow fire proof blocks, or of 
 wood covered with not less than two iuches of fire-proof 
 aiaterial, or filled in the thickness of the studding with such 
 materials, covered on all sides with metal, including sides 
 and edges of doors. Covers on top of water tanks placed on 
 joofs may be of wood covered with tin. 
 
 §23. T be planking and sheathing of the roof of fvery 
 feuiidiug erected or built as aforesaid shall in no case be ex- 
 tended across the side, end or party wall thereof. Every 
 »uch building and the tops and sides of every dormer window^ 
 thereon shall be covered and roofed with slate, tin, copper or 
 iron, or such other quality of fire-proof roofing as the com- 
 aaissioner of buildings, under his certificate, may authorize, 
 and the outside of the frames of every dormer window here- 
 after placed upon any building as aforesaid shall be made of 
 some fire-proof material. All buildings shall have scuttles 
 «>r bulkheads, covered with some fire-proof material, with 
 ladders or stairs, leading thereto and easily accessible to all 
 
Department of Buildings. 200 
 
 Title XIV. 
 
 tenants. No fcuttle shall be less in size than two by three 
 feet. All skylights having a superficial area of more than 
 nine square feet placed in any building shall have the sashes 
 and frames thereof constructed of iron and glass. Every 
 fire-proof roof hereafter placed on any building shall have 
 beside the usual scuttle or bulkhead a skylight or skylights 
 of a superficial area equal to not less than one-tenth the 
 superficial area of such fire-proof roof. All buildings shall 
 be kept provided with proper metallic leaders for conducting 
 water from the roofs in such manner as shall protect the 
 walls and foundations of such buUdings from injury. 
 
 § 24. The buildiug limits, within which all buildings to 
 be hereafter erected shall be built of brick, stone or material 
 other th^in wood, shall comprise the fire limits as now estab- 
 lished by law, or as these limits shall hereafter be extended 
 by the common council, and no buildings of wood shall here- 
 after be erected within such limits except as in this title 
 otherwise provided. Temporary one-story frame buildings 
 may be erected for the use of builders, within the limits of 
 lots whereon buildings ai'e in course of erection, or on adjoin- 
 ing vacant lots, upon permits issued by the commissioner of 
 buildings. Such i)ermits may be revoked at any time and 
 all such buildings must be removed by the parties erecting 
 the same when and as ordered by the said commissioner. 
 Fences of wo )d shall not be erected over ten feet high. Signs 
 of wood shall not be erected over two feet high on any build- 
 ing. Piazzas or balconies of wood, which do not exceed eight 
 feet in width, and which do not extend more than three feet 
 above the second story floor beams, with piers of masonry or 
 iron columns to support the same, may be erected upon the 
 front or side of any detached dwelling-house occupied by not 
 more than one family, but only upon a permit from the com- 
 missioner of buildings. The roofs of all piazzas shall be 
 covered wath some fire-proof material. Sheds of wood not 
 over eight feet high, open on at least one side, with the sides 
 and roof thereof covered with fire-proof material, may also be 
 built, but no fence shall be used as the back or side of any 
 such shed ; and frame structures not exceeding fifty square 
 feet in area and one story high may be built with the con- 
 
Title XIV. 
 
 201 Department of Buildings. 
 
 sent of the commissioner. Any bay or oriel window that 
 does not extend more than three feet above the second story 
 floor of any dwelling-house may be built of wood. Exterior 
 privies and wood or coal houses not exceeding one hundred 
 and fifty square feet in superficial area and eight feet high, 
 may be built rf wood, but the roofs thereof must be covered 
 with metal, gravel or slate. 
 
 § 25. It shall not be lawful for the owner or owners of any 
 brick dwelling-house with eight-inch walls, or of any wooden 
 building already erected that has a peaked roof, to raise the 
 same for the purpose of making a flat roof thereon, unless the 
 same be raised with the same kind of material as the build- 
 ing, and unless such new roof be covered with slate, tin or 
 other fii*e-proof material. Provided that such building when 
 so raised shall not exceed forty feet in height to th- highest 
 part thereof. All such buildings must exceed twenty-five 
 feet in height to the peak of the roof before the said altera- 
 tion and raising. If any such building shall have been built 
 before the street upon which it is located is graded, or if the 
 grade is altered, such building may be raised or lowered to 
 meet the requirements of such grade. No frame building 
 more than two stories in height, now used as a dwelling 
 shall hereafter be raised or altered to be used as a factory, 
 warehouse or stable. No brick or wooden building shall be 
 enlarged or built upon unless the exterior walls of s.iid addi- 
 tion or enlargement be constructed of fire-proof material ; 
 provided, however, that such brick or wooden buildiugs may- 
 be raised, lowered or altered under the same circumstances, 
 and, in the same manner, specirdly provided for in this section. 
 No wooden building shall be moved from one lot to another 
 until a sworn petition, setting forth the purpose of said re- 
 moval and the uses to which said building is to be applied, is 
 filed in the office of the commissioner of buildings, and the 
 written consent of the commissioner and the next adjoining 
 property owners is first obtiined therefor. No. wooden 
 buildings shall be removed from without to within the limits 
 prescribed herein for the erection of wooden buildings. No 
 frame dwelling-house hereafter erected shall be occupied by 
 more than two families on each floor, noi shall any frame 
 
Department of Buildings. 202 
 
 Title Xlf . 
 
 building calready ei ested be altered to be occupied by mom 
 than two familes on each fljor. 
 
 § 26. Frame buildings of any kind that may hereafter be 
 erected outside of the fire limits <>f the City shall be built of 
 foundations of stone not less than eighteen inches in thick- 
 ness, or of brick not less than twelve inches in thickness to 
 curb level or surface of ground ; the commissioner may make 
 such rules and regulations regarding the thickness of timber, 
 brick, filling in of walls, temporary and permanent bracing 
 and bridging as, in his judgement may be required. AH 
 party walls to be filled in with brick four inches thick and 
 can ied up above the roof line with three courses and covered 
 over on top with tin or other fire resisting material. AM 
 exterior walls to be sheathed up in a diagonal manner witJi 
 boards not less than one inch thick, the sheathing to be put 
 on the frame as it may be raised story after story. All 
 chimneys or flues that may be used for hot air or smoke shall 
 be built of brick ; the back and ends of such fine or chimney* 
 shall not be less than eight inches in thickness and the jointi 
 struck on the inside. No frame building that may hereafter 
 be erected shall be built to a height exceeding forty feet and 
 divided into more than three stories to be used as a dwelling 
 or a tenement house. If used for manufacturing purpofies 
 not more than thirty feet in height and divided into not moi* 
 than two stories, excepting grain elevators erected on whar.v^ 
 at the water front, as hereinafter provided. Frame struc- 
 tures or buildings, not exceeding one story or twenty-five 
 feet in height to the eaves, may be erected on the docks and 
 wharves at the water front of the city. The commissioner 
 may make such rules and regulations as, in his judgment, 
 may be necessary, to regulate the height of the structure^ 
 the foundations, thickness of timber required, and the maiv 
 ner of construction, but no such building, shed or structusse 
 shall be built within fifty feet of any other building. 
 
 § 27. Every wooden or frame building, within the lire 
 limits, which hereafter may be damaged to an amount not 
 greater than one half of the value thereof, exclusive of the 
 valuation of the foundation thereof, at the time of such daoa- 
 age, may be repaired or rebuilt. If such damage shalll 
 
©tie XIV. 
 
 203 Department of Buildings. 
 
 •mount to more than one-half of the value thereof, exclusive 
 of the value of the foundation, then such building shall not 
 be repaired or rebuilt, but shall be taken down. The amount 
 w extent of such damng-es by fire, in case of disagreement 
 in relation thereto between the commissioner and the owners 
 of such damaged building, shall be determined by two dis- 
 interested persons residing in the city, one of whom shall be 
 appointed by the owner or owners of such building, or his 
 or their lawful agent, and one by the commissioner of build- 
 ings,* and ir: case these two persons disagree, they shall select 
 a third disinterested person, and the decision in writing of 
 any two of them shall be final and conclusive in the premises, 
 and such builuing shall not be repaired or rebuilt until the 
 appointment of such persons as aforesaid, nor until after their 
 decision shall be made in writing as aforesaid, finding that 
 BBch damages do not exceed one half of the value of such 
 l)mlding as it existed before such fire. In case it is rebuilt 
 it shall have a fire-proof roof, and not exceed the provisions 
 ©f section twenty-five of this title. 
 
 § 28. Every dwelling-house occupied b}^ or built to be oc- 
 cupied by three or more families above the first story, and 
 «very building already erected, or that may hereafter be 
 erected, more than three stories in height, occupied and used 
 as a hotel or lodging house, and every boarding house having 
 more than fifteen sleeping rooms above the basement story, 
 and every factory, mill, manufactory or workshop, hospital, 
 asj^lum or iustitutioli for the care or treatment of individuals, 
 and every building in whole or in part occupied or used as a 
 school or place of instruction or assembly, and every office 
 building five stories or more in height, shall be provided 
 with such good and sufficient fire-escapes, stairways, or other 
 M>eans of egress in case of fire as shall be directed by the 
 eommissioner of buildings. Said commissioner shall have 
 lull and exclusive power and authority within said city to 
 direct fire-escapes and other means of egress, to be provided 
 »pon and withmsaid buildings or any of them, and to direct 
 the same to be repaired, renewed or replaced where they are 
 far become out of repair, unsafe or ina lequate. The owner 
 9T owners of any building upon which a fire-escape is erected 
 
1 
 
 Department of Buildings. 20i Title XIV. 
 
 shall keep the same in good repair and properly painted and 
 free from obstraclions. No person shall at any time place 
 any incumbrance of any kind whatsoever before or upon any 
 fire escape. It shall be the duty of every fireman and police- 
 man who shall discover any fire-escape balcony, or ladder of 
 any fire escape incumbered in any way, to forthwith report 
 the same to the commanding officer of his companj^ or pre- 
 cinct, and the occupant of the premises or apartment to 
 which said fire-escape balcony or ladder is attached, or for 
 whose use the same is provided, shall be notified, either 
 verb.iUy or in writino-, to remove such incumbrance and keep 
 the same clear. If said notice shall not be complied with by 
 the remf)val foi thwitli of such incumbrance, and keepin.<2f said 
 firt-escapo balcony or ladder free from incumbrances, then it 
 shall be the duty of said commanding officer to apply to the 
 nearest police magistrate for a warrant for the arrest of the 
 occn))ant or occupants of the said premises or apartments of 
 which the fire-escape forms a part, and the said parties shall 
 be brought before the said magistrate, as for a misdemeanor; 
 and, on conviction, the occupant or occupants of said premises 
 or apartuunt shall be finnd not more than twenty-five dollars 
 for each offense, or may be imprisoned not to exceed ten days, 
 or both, in the discreticm of the court. In the construction 
 of all bidcony fire-escapes, the manufacturer thereof shall 
 securely fasten thereto, in a conspicuous pi ice, a cast iron 
 plate, having suitable raised letters on the same, to read as 
 follows: Notice — Any person placing incumbrance on this 
 balcony is liable to a penalty of twenty-five dollars and im- 
 prisonment for ten days. All Imildings requiring fire-escapes 
 shall have stationary iron ladders leading to the scuttle 
 opening in the roof tht^reof, and all scuttles and ladders shall 
 be kept so as to be ready for use at all times, and easily ac- 
 cessible to all tenants. If a bulkhead is used in phice of a 
 scuttle it shall have stairs ; the door in the bulkhead or any 
 scuttle sh a U, at no time, be locked, but may be fastened on 
 the inside by movable bolts or hooks ; and, if a bulkhead, 
 shall have st lirs, with handrail leading to the roof. Every 
 dwelling-house arranged for or occupied by two or more fami- 
 lies above tne first story, hereafter erected, shall be provided 
 
Title XrV. 205 Department of BTiildings. 
 
 with an enh-ance to the basement thereof from the outside of 
 such building. 
 
 § 29. In all buildings of a public character, such as hotels, 
 churches, theaters, restaurants, railroad depots, public halls, 
 and other buildings used or intended to be used, for purposes 
 of public assembly, amusement or instruction, the halls, 
 doois, stairways, seats, passageways and aisles, and all light- 
 ing and heating appliances and apparatus shall be arranged as 
 the commissioner of buildings shall direct, to facilitate egress 
 in case of fires or accident, and to afford the requisite and 
 proper accommodation for the public protection in such 
 cases. All aisles and passageways in said buildings shnll be 
 kept free from camp stools, chairs, sofas and other obstruc- 
 tions, and no person shall be allowed to stand in or occupy 
 any of said aisles or passageways during any performance, 
 service, exhibition, lecture, concert, ball or any public assem- 
 blage. The commissioner of buildings may, at any time, 
 serve a written or printed notice upon the owner, lessee or 
 manager of any of said buildings, directing any act or thing 
 to be done or provided in or about the said buildings and 
 the several appliances therewith conoected, such as htdls, 
 doors, windows, seats, aisles, fire-walls and fire-escapes, so as 
 to afford such secmity to the public in the uses to which they 
 may be severally applied as he may deem necessary. Noth- 
 ing herein contaiued shall be construed to authorize orrequiie 
 any other alterations to existing theatres than are specified 
 in this section. Upon report to the mayor of said city by the 
 commissioner of buildings that any order or requirement of 
 this title in regai'd to theatres or places of public amusement 
 has been violated or not complied with in any such building, 
 the said mayor may, in his discretion, revoke the license of 
 such theatre or place of public amusement and cause the 
 same to be closed. 
 
 § 30. Every theatre or opera house, or other buHding in- 
 tend-id to be used for theatrical or operatic purposes, or for 
 pubUc entertainments of any kind, where stage scenery and 
 apparatus are employed, hereafter erected, shall be built to 
 comply with the requirements of this section. No building 
 which, at the time of the passage of this act is not in actual 
 
Department of Buildings. 206 Title XIT. 
 
 use f tr theatrical or operatic pui-poses, and no buildingm 
 hereafter erected not in couformity with the reqniremeuts of 
 this section, shall be used for theatrical or operatic purr-osea, 
 or for public entertainments of any kind where stage scenery 
 and apparatus are employed, until the same shall have baem 
 mafle to conform to tje requirements of this section. And 
 no building hereinbefore desciibed shall be open to the pub- 
 lic for theatrical or operatic purposes, or for public enter- 
 tainments of any kind where st ige m:ichinei-y or apparatui 
 are employed, until the commissioner of buildings sh«ll hare 
 approved the same in \vriting as conforming to the require- 
 ments of this section, and the mayor of the City of Brooklym 
 shall refuse to issue any license for any such buihling, and 
 such building shall ha cl )sed and shall not be «)pened for suck 
 puiposes until a certificate in writing of such approval shnll 
 have been given by the commissioner of buddings. Every 
 such building sh.dl have, at least, one front on the street, and 
 in such front there shall b^ suitable means of entrance and 
 exit for the audience. In additlm to the aforesaid en trancei 
 and exits on the street, there shall reserved for service ia 
 case of an emergency, an open court or space on the side not 
 b »rdering on the street, where s litl building is located on a 
 comer lot, and on both sides of snid buUding w here there is but 
 one frontage on t!»e street. The width of such o\yeu court* 
 or court shall not be less than seven feet where 1 he seating 
 capacity is not over one thous md people ; above one thou- 
 sand and not more than eighteen hundred people, eight feet 
 in width, and abjve eigUteen hundred people, ten feet im 
 width. Siud open court or courts shall begin on a line witk 
 or near the proscenium wall, and shall extf-n 1 the length of 
 the auditorium proper, to or near the wall separating the 
 same from the entrance 1 jbby or vestibule. A s'-parate and 
 distinct corridor shall continue to the street, from each ojiea 
 court, through such supeistructure as may be built on the 
 street side of the au'litorium, \vith continuous walls of biiek 
 or fire-proof materials on each side. The entire length of 
 said corridors or coriidor, and the ceiling and floors shall be 
 fire-proof. Said conidor or corridoi"s shall not be reduced ia 
 width to more than three fret less than the width of the open 
 com't or courts, and there shall be no projection in the same; 
 
Title XIV. 
 
 207 Department of Buildings. 
 
 the outer opeuing to be provkle 1 with doors or gates opening 
 toward the street. During the performance the doors or 
 g ites in the corridor shall be kept open by proper fastenings; 
 at other times they may be closed and fastened by movable 
 b 'lts or locks. The said open courts or corridors shall not 
 be used for storage purposes, or for any purpose whatsoever 
 except for exit and entrance from and to the auditorium and 
 stage, and must be kept free and clear during performances. 
 The level of said corridors at tlie front entrance to the build- 
 ing shall not be greater than one step above the level of the 
 sidewalk', where they begin at the street entrances. The en- 
 trance of the main front of the building shall not be on a 
 higher lavel from the sidewalk than four steps, unless ap- 
 proved by the commissioner of buildings. To overcome any 
 ditference of level existing between exits from the parquet 
 into courts and the level of the said corridors, gradients, 
 shall be employed of not over one foot in ten feet with no- 
 perpendicular rises. From the auditorium opening into the 
 said open court or on the side street, there shall be noi 
 less than two exits on each side, in each tier from and in- 
 cluding the parquet and each and every gallery. Each exit 
 shall be, at least, live feet in width in the clear, and provLled 
 with doors of iron or wood ; if of wood the doors shall be 
 constructed as hereinbefore in this title described. All of 
 said doors shall open outwai'dly, and must be fastened with 
 movable bolts, the bolts tx) be kept drawn during the per- 
 formances. There shfdl be balconies not less than four feet 
 in width in the side open comt or courts at each level or tier 
 above the parquet, on each side of the auditorium, of suffi- 
 cient length to embrace the two exits, and from said balconies 
 there shall be staircases extending to the ground lev«.l with a 
 rise not over eight and one-half inches to a step, and not less 
 than nine-inch tread, exclusive of the nosing. The staircase 
 from the upper balcony to the next below shall not be less 
 than thirty inches in width in the clear, and from the first, 
 balcony to the gi'ound three feet in width in the clear where 
 the st ating capacity of the auditorium is for one thousand 
 people or less, three feet and six inches in the clear where above 
 one thousand and not more than eighteen hundred people^ 
 and four feet in the clear where over eighteen hundied people. 
 
Department of Buildings. 208 Title XIV. 
 
 and not raore than twenty-five hundred peoj^le, and not less 
 than four feet six inches in the clear where above tweiit^'-five 
 hundred people. All the beforementioned balconies and 
 staircases shaU be constructed of iron throughout, including 
 the floors, and of ample strength to sustain the load to be 
 carried by them ; they shull be covered with metal hood or 
 awning, to be constructed as shall be directed by the com- 
 missioner of buildings. Where one side of the building 
 borders on a street there shall be balconies and staircases of 
 like capacity and kind, as before mentioned, extending to the 
 ground. When located on a corner lot, that portion of the 
 premises bordering on the side street and not required for 
 the use of the theatre may be used for offices, stores and 
 apartments, provided the walls separating tbis portion from 
 the theatre proper are carried up solidly to and through the 
 roof, and that a fire-proof exit is provided for the theatre, on 
 each tier, equal to the combined width of exits opening on 
 opposite sides in each tier, communicating with balconies 
 and stair/ases leading to the street in manner provided else- 
 where in this section ; said exit passages shall be entirely 
 cut off by brick walls from said offices, stores or apartments, 
 and the floors and ceilings in each tier shall be fire-proof. 
 Nothing herein contained shall prevent a roof garden, art 
 gallery, or rooms for similar purposes being placed above a 
 theatre or public building, provided the floors of the same 
 forming the roof over such theater or building shall be con 
 structed of iron or steel and fii-e-proof materials, and that 
 said floor shall have no covering boards or sleepers of wood, 
 but be of tile or cement. Every roof over said garden or 
 rooms shall have all supports and rafters of iron or steel, and 
 -be covered with glass or fire-proof material, or both, but no 
 such roof garden, art gallery or room for any public purpose 
 shall be placed over or above that portion of any theatre or 
 other building which is used as a stage. No workshop, 
 storage or general property-room shall be allowed above the 
 auditorium or stage, or under the same, or in any of the fly 
 -galleries. All of said rooms or shops may be located in the 
 Tear or at the side of the stage, but in such cases they shall 
 be separated from the stage by a brick wall, and the openings 
 . leading into said portions shall have fire-proof doors on each 
 
Title XIV. 20*) Department of Buildings. 
 
 side of the opeDings, hung to iron eyes built in the wall. No por- 
 tion of any buildin,i>' hereafter erect d or altered, used or intend- 
 ed to be used for tliesitrical or other pui poses, as in this section 
 specified, shall be occupied or used as a hotel, boarding or 
 lodging house, f nctory, workshop or manufactory^ or for storage 
 purposes, except as maybe hereiiialtyr specially provided for. 
 Said restriction relates not only to that portion of the building 
 which contains the auditorium and the stage, but applies also 
 to the entire structure in conjunction therewith. No store 
 or room conttdned in the building, or the office, stores or 
 apartments adjoining as aforesaid, shall be let or used for 
 can ying on any business, dealing in articles designated as, 
 specially hazardous in the classification of the New York board 
 of fire underwriters, or for manufacturing purposes. No lodg- 
 ing accommodation shall be allowed in any part of the build- 
 ing communicating with the auditorium. Interior walls 
 built of fire-proof materials shall separate the auditorium 
 from the entrance vestibule, and from any room or rooms 
 over the same , also from any lobbies, corridors, refreshment 
 or other rooms. All staircases for the use of the audience 
 shall be inclosed with walls of brick, or fire-proof materials, 
 approved by the commissioner of buildings, in the stories-^ 
 through which they pass, and the openings of said staircases 
 from each tier shall be the full width of said staircase. A 
 fire wall, built of brick, shall separate the auditorium from 
 the stage, and the same shall extend at least four feet above 
 the stage roof, or the auditorium roof, if the latter be the 
 higher, and shall be coped. Above the proscenium opening, 
 there shall be an iron girder covered with fire-proof material. 
 There shall also be constructed a relieving arch over the 
 same, the intervening space being tilled with hard burnt . 
 brick of the full thickness of the proscenium wall. Should 
 there be constructed an orchestra over the stage above the 
 proscenium opening, the said orchestra shall be placed on 
 the auditorium side of proscenium fire wall and shall be 
 entered only from the auditorium side of said wall. The 
 moulded frame around the proscenium opening shall be 
 formed entirely of fire proof material ; if metal be used, the 
 metal shall be tilled in solid with non-combustible material 
 and securely anchored to the wall with iron. The proscenium. 
 
Department of Buildings. 210 Title XTV. 
 
 opening shall be provided with fire-proof metal curtain, or a 
 c.n tain of asbestos, or similar fire-proof material, approved 
 by the commissioner of buildings, sliding at each end within 
 iron grooves, securely fastened to the brick wall, and extend- 
 ing into such grooves not less than six inches on each side. 
 Said fire-proof curtin shall be raised at the commencement 
 of each performance, and lowered at the close of said per- 
 formance, and be operated by approved machinery for that 
 piu-pose. The proscenium curtains shall be placed at least 
 three feet distant from the footlights at the nearest point. 
 All doorways or openings through the proscenium wall, from 
 the auditorium, in every tier, shall have doors of iron or wood 
 on each face of the wall ; if of wood the doors shall be con- 
 structed as hereinbefore described, and the doors hung so as 
 to be opened from either side at all times. There shall be 
 no openings in the proscenium fire wall above the level of the 
 auditorium ceilings. Direct access to these doors shall be 
 provided on both sides, and the same shall always be kept 
 free from any incumbrance. Iron ladders or stairs, securely 
 fixed to the wall, on the stage side, shall be provided to over- 
 "Come any difierence of level existing between the floor or 
 galleries on the stage side of the fire-wall and those on the 
 side of the auditorium. There shall be provided over the 
 stage, metal skylights, of an area or combined area of at least 
 one-eighth of the area of said stage, fitted with sliding sash 
 and glazed with double-thick sheet glass, not exceeding one- 
 eighth of an inch thick, each pane thereof measuring not 
 less than three hundred square inches, and the whole of 
 which skylight shall bo so constructed as to open instantly 
 on the cutting or burning of the hemp cord, which shall be 
 arranged to hold said skylight closed, or some other equally 
 simple ai:)proved device for opening them maybe provided. 
 All that portion of the stage not comprised in the working of 
 scenery, traps and other mechanical apparatus for the pre- 
 sentation of a scene usually equal to the width of the pro- 
 scenium openings, shall be built of iron or steel beams, filled 
 in between with fire-proof materials, and all girders for the 
 support of said beams shall be of wrought-iron or roUed- 
 steel. The fly galleries entire, including pin-rails, shall be con- 
 structed of iron or steel, and the floors of said galleries shall be 
 composed of iron or steel beams filled with fire-proof material. 
 
Title XIV. '211 Department of Buildings. 
 
 and no wooden boards or sleepers sliall be used as covering 
 over beams, but the said floors shall be entirely fire-proof. 
 The rigging loft shall be fire-proof txcej^t the floor covering 
 the same. All stage scenery', curtains and decorations made 
 of combustible material, and all wood work on or about the 
 stage shall be saturated with some non-combustible material, 
 or otherwise rendered safe against fire, to the satisfaction of 
 the commissioner of buildings. The roof over the auditorium 
 and the entire main floor of the auditorium and vestibule, 
 also the entire floor of the second story of the front super- 
 structure over the entrance lobby and corridors, and all 
 galleries in the auditorium shall be constructed of iron or 
 steel and tire-proof material, notexclurliug tlje use of wooden 
 floor boards and necessary sleepers to fasten the same to, but 
 such sleepers shall not mean timbers of support. The fronts 
 of each gallery' shall be formed of fire-proof material, except 
 the capping, which may be of wood. The ceiling under each 
 gallery shall be entirely formed of fire-proof material. The 
 ceiling of the auditorium shall be formed of fire-proof 
 material. All lathing, whenever used, shall be of mstal. 
 The partitions in that portion of the building which contains 
 the auditorium, the entrance vestibule and every room and 
 passage devoted to the use of the audience shall be con- 
 structed of fire-proof material including the furring of out- 
 side or other walls. None of the walls or ceilings shall be 
 covered with wood sheathing, canvas or any combustible 
 material ; but this shall not exclude the use of wood wain- 
 scoting to a height not to exceed six feet, which shall be 
 filled in solid between the wainscoting and the wall with fire- 
 proof material. The walls separating the actors' dressing 
 room from the stage, and the partitions dividing the dress- 
 ing rooms, together wdth the partitions of every passage way 
 from the same to the stage, and all other partitions on or 
 about the stage, shall be constructed of fire-proof material 
 approved by the commissioner; all doors in any of said par- 
 titions shall be of iron, or of wood constructed as hereinbe- 
 fore described. All the shelving and cupboards in each and 
 every dressing-room, property-room or other storage-rooms, 
 shall be constructed of metal, slate or some fire-proof material. 
 Dressing-rooms may be placed in the fly galleries, pro 
 
Department of Buildings. 212 Title XIV. 
 
 vided that proper exits are secured tlierefrom to the fire- 
 escapf^s in the open courts, and that the partitions and other 
 matters pertaiain<Tf to dressing-rooms shall conform to the 
 requirements herein contained, but the stairs leading to the 
 same shall be fire -proof. All seats in the auditorium, except- 
 ing those contained in boxes, shall be firmly secured to the 
 floor, and no seat in the auditorium shall have more thnn six 
 seats intervening between it and an aisle, on either side, and 
 no stool or seat shall be placed in any aisle. All platforms 
 in galleries formed to receive the seats shall not be more than 
 twenty-one inches in height of riser nor less than thirty inches 
 in width of platform. All aisles on the respective floors in 
 the auditorium having seats on both sides of same, shall be 
 not less than three feet wide wluro they be^in, and 
 shall be increased in width toward the exits in the ratio 
 of one and one-half inches to five running feet. Aisles having 
 seats on one side only shpll not be h ss than two feet wide at 
 their beginning and increase in width the same as aisles 
 having stats on both sides. The aggregate capacity' of the 
 foyers, lobbies, corridors, passages and rooms for the use of 
 the audience, not including aisle space between seats, shall, 
 on each gallery floor, be sufiQ.rient to contain the entire num- 
 ber to be accommodated on said floor gallery, in the ratio of 
 one hundred and fifty superficial feet of floor room for every 
 one hundred persons. Gradients or inclined planes shall be 
 employed instead of steps, wliere possible, to overcome slight 
 difference of level in or between aisles, corridors and pass- 
 ages. Eveiy theater accommodating three hundred persons 
 shall have at least two exits ; when accommodating five 
 hundred persons at least three exits shall be provided ; these 
 exits not referring to or including the exits to the open courts 
 at the side of the theater. Doorways of exit or entrance for 
 the use of the public shall not be less than five feet in wiflth, 
 and for every additional one hundred persons or portions 
 thereof to be accommodated, in excess of five hundred, an 
 aggregate of twenty inches additional exit width must be 
 allowed. All doors of exit or entrance shall open outwardly, 
 and be hung to swing in such a manner as not to become an 
 obstruction in a passage or corridor, and no such dooi s shall 
 be closed and locked during any representation, or when 
 
w 
 
 Title XrV. 213 Department of Buildings. 
 
 the building is open to the public. Distinct and separate 
 places of exit and entrance shall be provided for each 
 gallery above the first. A common place of exit and en- 
 trance may serve for the main fioor of the auditorium and the 
 fii'st gallery, provided its capacity be equal to the aggregate 
 capacity of the outlets from the main floor and the said gal- 
 lery. No passage leading to any stairway communicating 
 with any entrance or exit sball be less than four feet in width 
 in any part thereof. All stairs within the building shall be 
 constructed of fireproof material throughout. Stairways 
 serving for the exit of fifty people must, if straight, be at 
 least four feet wide between railings or between walls, and if 
 curved or winding, five feet wide, and for every additional 
 fifty people to be accommodated six inches must be added to 
 their width. In no case shall the risers of any stairs exceed 
 seven and a half inches in height, nor shall the treads, exclu- 
 sive of nosings, be less tban ten and one-half inches wide in 
 straight stairs. In circular or winding stairs the widtb of 
 the tread at the narrowest end shall not be less than seven 
 inches. "Where the seating capacity is for more than one 
 thousand people there shall be at least two independent st ur- 
 eases, with direct exterior outlets, provided for each gallery 
 in the auditorium where there are not more than two gal- 
 leries, and the same shall be located on opposite sides of said 
 galleries. Where there are more than two galleries one or 
 more additional staircases shall be provided, the outlets from 
 which shall communicate directly with the principal exit or 
 other exterior outlets. All said staircases shall be of width 
 proportioned to the seating capacity, as elsewhere herein 
 prescribed. Where the seating capacity is for one thousand 
 people or less, two direct lines of staircases only shall be re- 
 quired, located on opposite sides of tbe galleries, and in both 
 cases shall extend from the sidewalk level to the upper gal- 
 lery, vrith outlets from each gallery to each of said staircases. 
 At least two independent staircases, with direct exterior out- 
 lets, shaU also be provided for the service of the stage, and 
 shall be located on opposite sides of tbe same. All inside 
 staircases leading to^the upper galleries or the auditorium 
 shall be inclosed on both sides with walls of fireproof 
 materials. Starrs' leading to the first or lower gallery 
 
Department of Buildings. 21 4 Title XIV. 
 
 may be left open on one siile, in which case they shall 
 be constructed as herein provided foi' similar stairs leading 
 from the entrance hall to the main floor of the auditorium ; 
 but in no ca=e shall stairs leading to any gallery be left open 
 on both sides. When straight stairs return directly on 
 themselves, a lauding of the full width'^of both flights, with- 
 out any steps, shall be provided. Stairs turning at an angle 
 shall have a proper landing without winders introduced at 
 said tm'n. In stairs, when two side flights connect with one 
 main flight, no winders shall be introduced, and the width of 
 the main flight shall be at least equal to the aggregate width 
 of the side flight. Circular or winding stairs shall have 
 proper landings introduced at convenit^ut distances. All in- 
 closed staircases sliall have, on both sides, strong hand-rails 
 firmly secured in the wall about three iuches distant there- 
 from, and about three feet above the stairs, but said hand- 
 rails need not run on level platforms and landings where the 
 same is more in length than tao width of the stairs. Every 
 steam boiler which may be required for heating or other pur- 
 poses, shall be located outside of the building, and the space 
 alloted to the same shall be inclosed by walls of masonry on 
 all sides, and the ceiling of such space shall be constructed 
 of fire-proof materials. All doorways in said Wcdls shall have 
 iron doors. No floor register for heating shall be permitted. 
 No coil or radiator shall be placed in any aisle or passage- 
 way used as an exit ; but all said coils and radiators shall be 
 placed in recesses formed in the wall or partition to receive 
 the same. All supply, return or exhaust pipes shall be prop- 
 erly incased and protected where passing through floors or near 
 woodwork. Stand-pipes of two and one-half iuches in diame- 
 ter shall be provided with hose attachments on every floor 
 and gallery as follows, namely : One on each side of the 
 stage in each tier, also on each side of the auditorium, and 
 at least one in the property-room and one in the carpenter's 
 shop, if the same be contiguous to the building. All such 
 stand-pipes shall be kept clear from obstruction. Said 
 stand-pipes shall be separate and distinct, receiving 
 their supply of water direct from the steam-pumps 
 and shall be fitted with the regulation couplings 
 of the fire department, and shaU be kept constantly 
 
Tile. XIV. 
 
 215 Department of Buildingsr 
 
 filled with water by means of automatic steam pump 
 pumps of sufficient capacity to supply all the lines of hose 
 when operated simultaneously; and said pump or pump&- 
 shall be supplied from the street main, and be ready for int- 
 mediate use at all times durinj^ a performance in said build- 
 ing. A separate and distiuct system of automatic sprinklers,, 
 with fusible plugs, approved by the coramissioDer of build- 
 ings, supplied with water from a tank located on the root 
 over the stage and not connected in any manner with- ihe 
 standpipes, shall be placed up and around the prosceniuni' 
 opening and on the ceiling or roof over the stage at such in- 
 tervals as will protect every square foot of stage surface wbezL 
 said sprinklers are m operation. Automatic spriuklers^ shall 
 also be placed wherever practicable, under the st »ge and in. 
 the carpenter shop, paint rooms, store rooms and praperty 
 rooms. A proper and sufficient quantity of two and on<"-haIf 
 inch hose, fitted with the regulation couplings of the fire de- 
 partment, and with nozzles attached thereto, and with hose- 
 wrench at each outlet shall always be kept attached to eac^: 
 hose attachment. There shall also be kept in readiness fear 
 immediate use on the stage at least four casks full of water,, 
 and two buckets to each cask. Said casks and buckets shall 
 be painted red. There shall also be provided hand pumps- 
 or other portable fire extinguishing apparatus, and, at leasts- . 
 four axes, and two twenty-five feet hooka, two fifteen feet- 
 hook-;, and also two ten feet hooks on each tier or floor of the. 
 stage. Every portion of the buildings devoted to the uses or 
 accommodation of the public, also all outlets leading to tbfr- 
 Btreet, and including the open courts and corridors, shall ha 
 well and properly lighted during every performance, and tire 
 same shall be left lighted during each performance, until thm. 
 entire audience has left the premises. At least two or monsr 
 oil lamps on each side of the auditonum in each tier shall 
 provided on fixed brackets, not less than seven feet above the- 
 floor. Said lamps shall be filled with whale or lard oil, an«t 
 shall be kept lighted during each performance, or in place of 
 said lamps, candles shall be provided. All gas and electrie- 
 lights in the halls, corridors, lobby or any other part of &aii 
 buildings used by the audience except the auditorium, musfc 
 be controlled by a separate shut-off located in the lobby, md- 
 
Department of Buildings. 
 
 Title XIV. 
 
 controlled only in that particular place. Gas mains supply- 
 ing the building shall have independent connections for the 
 auditorium and the stage, and provisions shall be made for 
 shutting off the gas from the outside of the building. When 
 interior gas lights are not lighted by electricity, other suita- 
 ble appliances, to be approved by the commissioner of build- 
 ings, shall be provided. All suspended or bracket lights, sur- 
 rounded by glass, in the auditorium, or in any part of the 
 building, devoted to the public, shall be provided with proper 
 wire netting underneath. No gas or electric light shall be 
 inserted in the wall, woodwork, ceilings, or in any part of 
 the building, unless protected by fireproof materials. All 
 lights in passages and corridors, in said building, and wherever 
 deemed necessary by the commissioner of buildings, shall be 
 protected with proper wire network. The footlights, in ad- 
 dition to the wire network, shall be protected with a strong 
 wire guard, not less than two feet distant from said footlights, 
 and the trough containing said footlights shall be formed of 
 and surrounded by fireproof material. All border lights shall 
 be constructed according to the best known methods, and 
 subject to the approval of the commissioner of the fire de- 
 partment, and shall be suspended for ten feet by wire rope. 
 All ducts or shafts used for conducting heated air from the 
 main chandelier, or from any other light or lights, shall be 
 constructed of metal and made double with an air space be- 
 tween. All stage lights shall have strong metal wire guards 
 or screens not less than ten inches in diameter so constructed 
 that any material in contact therewith shall be out of reach 
 of the flames of said stage lights, and must be soldered to 
 the fixture in all cases. The stand pipes, gas pipes, electric 
 wires, hose, footlights and all apparatus for ihe extinguishing 
 of fire, or guarding against the same, as in this section 
 specified, shall be in charge and under control of the depart- 
 ment of buildings, and the commissioner of said depart- 
 ment is hereby directed to see that the arrangements in re- 
 spect thereto are carried out and enforced. A di-agrarn or 
 plan of each tier, gallery or floor showing distinctly the exits 
 therefrom {-hall be piinl^ed in a legible manner on the pro 
 gramme of the performance. Every exit shall have over the 
 
Title XIV. 
 
 217 Department of Buildings. 
 
 same on the inside the word " EXIT " painted in legible 
 letters not less than eight inches high. 
 
 § 81. In case of the falling of any building, or part of any 
 builUng in the City of Brooklyn, where persons are known, 
 or believed," to be buried under the ruins thereof, it shall be 
 the duty of the fire department 1 3 cause an ex imination of 
 the premises to be made for the recovery of the bodies of 
 the killed and injured. Whenever, in making such examina- 
 tion, it sh ill be necessary to remov.; from tbe premises any 
 de bris, it shall be the duty of tbe department of city woiks, 
 when called upon by the depirtment of buildings to co- 
 operate, to provide a suitable and convenient dumping place 
 for- the deposit of such debris. In ease there shall be, in the 
 opinl>n of tlie commissioner of buildings, actual and immedi- 
 ate danger of tlie falling of any building, or part thereof, so 
 as to endanger life or property, said ccmmissiimer shall cause 
 the necessary work to be done to render said building, or any 
 part thereof, temporarily safe until the proper proceedings 
 can be taken, as in the case of an unsafe building as provided 
 for in ttiis title. For the aforesaid purposes the said fire de- 
 partment or the commissioner of buildings, as the case may 
 be, sha'l empl )y such 1 iborers and materials as may be neces- 
 sary to perform said work as speedily as possible, and the 
 expense thereof, if there be no other fund applicable thereto, 
 shall, in the first instance, be paid from the revenue fund, 
 and may be recovered from the owner of such building in an 
 action to be brought in the name of the City of Brooklyn. 
 Such work may be done with or without notice to the owner, 
 as in tbe judgment of tbe commissioner of buildings the 
 necessity of tbe situation will permit. 
 
 § 32. Before the erection, construction or nlteration of any 
 builling or part of any buil ling of any pl itform, staging or 
 flooring to bb used for standing or seating purposes, in the 
 City of Brooklyn, is commenced, the owner, or his agent or 
 architect, shall submit to the commissioner of buil lings a 
 detailed statement, in writing, of the specifications, and a 
 fuU and complete copy of the pi ins of such proposed work, 
 which shall be accompanied with a statement, in writing, 
 giving the full name and residence (street and number) of 
 
TBepartment of Buildings. iis 
 
 Title XIV. 
 
 -*ke owaer, or of each of the owaers, of said building, or pro- 
 posed building, pi itform, staging or flooring. If such erec- 
 tion, construction or alteration is proposed to be made by any 
 other person than the owner or owners of the land in fee, the 
 person or persons intending to make such erect oa or altera- 
 tion shall accom)3any said detailed statement of the specifica. 
 tions and copy of the plans, with the name and residence 
 :(street and number) of the owner or owners of the land, and 
 also of every person interested in said building or proposed 
 buil ling, platform, staging or fl ooring, either as owner, lessee, 
 or in any representative capacity. Such statement may be 
 made by the agent or architect of the person or persons here- 
 inbefore required to make the satne. Such statement and 
 <;opy of the plans shall be kept on file in the offijeof the com- 
 missioner of buildings, and the erection, construction, or any 
 part thereof, shall not be commenced or proceeded with until 
 said statements and plans have been so filed and approved 
 by the commissioner of buildings and a permit issued by hin 
 therefor. Any permit so issued, but under which no build- 
 ing work is commenced within one year from the time it was 
 issued shall expire by limitation. Nothing in this section 
 shall be construed to prevent the commissioner of buildings 
 from granting his approval for the erection of any part of the 
 building, where plans and detailed statements have been pre- 
 sented for the same, before the entire plans and detailed state- 
 ments of said building have been submitted. Ordinary repairs 
 may be made without notice to the department of build- 
 ings, but such repairs shall not be construed to include the 
 cutting away of any stone or brick wall, or any portion thereof, 
 the removal or cutting of any beams or supports, or the re- 
 moval, change of or closing of any stairway. 
 
 § 33. The commissioner of buildings shall have the power 
 "(except as herein otherwise provided) to pass upon any ques- 
 tion relative to the mode, manner of construction or materials 
 to be used in the erection or alteration of any building or 
 other structure, provided for in this title, in any part of the 
 Oity of Brooklyn, to make the same conform to the true in- 
 tent and meaning of the several provisions of this title. He 
 -shall also have power to vary or modify the provisions of this 
 
Title XIV. 
 
 219 Department of Buildings; 
 
 title, upon application to him therefor, in writing, by the^ 
 owner of such building or structure, or his representative^, 
 where there are practical difficulties in the way of carrying: 
 out the strict letter of this law, so that the spirit of the law- 
 shall be observed, the public safety secured and substantiaE 
 justice done : but no such deviation shall b3 permitted unless- 
 a record of the same shall ba kept by the said commissioner- 
 of buildings, and a certificate be first issued to the party ap- 
 plying for the same. 
 
 § 34. The owner or owners of any building, or part thereof,. 
 upon which anything prohibited by any provision of this title- 
 may be placed, done, or shall exist, and any architect, builder,^ 
 carpenter or mason who may be emploj^ed or assist in the- 
 violation of any such provision, and any and all persons who 
 shall violate any of the provisions of this title or fail to com- 
 ply therewith, or any requirements thereof, or who shall 
 violate or fail to comply with any order or regulation made 
 thereunder, or who shall build in violation of any detailed 
 statement of specifications or plans, submitted and ap- 
 proved thereunder, or of any certificate or permit issued 
 thereunder, shall severally, for each and every such vio- 
 lation, and noncompliance, respectivel}^ forfeit and pay 
 a penalty in the sum of fifty dollars. Except that any- 
 such person who shall violate any of the provisions or 
 this title as to the construction of chimneys, fireplaces- 
 flues, hot-air pipes and furnaces, or who shall violate any o£ 
 the provisions of this title with reference to the framing or 
 trimming of timbers, girders, beams, or other woodv^rork im 
 proxim ty to chimney flues or firepLices, shall forfeit and pay 
 a penalty in the sum of one hundred dollars. Bat if any- 
 said violatit)n shall be removed, or be in process of removal^, 
 within ten d,\ys after the service of a notice, as hereinafter- 
 prescribed, the liability of such penalty shall cease, and the- 
 commissioner of buildings may, in his discretion, direct that 
 any action pending to recover the same be discontinued- 
 Any and all of the aforementioned persons, who having beem 
 served with a notice, as hereinafter prescribed, to remove any^ 
 violation or comply with any requirement of this title, or witb:- 
 any order or regulation made thereunder, shall fail to complj.^ 
 
Department of Building^s. 220 
 
 Title XIV. 
 
 with said notice withi.i ten davs after such service, or shall 
 continue to violate any requiiemeuts of tliis title in the re- 
 spect named in said noticeshall pay a penalty of two hundred 
 and fifty dollars. For the recovery of any said penalty or 
 penalties an action may be brouj^ht in any of the courts of 
 justice of the p^ace, or in any court of reord in said city in 
 the name of tbe City of Brooklyn, and whenever any judg- 
 ment sliall be rendered therefor the same shall be collected 
 and enforced, as prescribed and directed by the code of civil 
 procedure of tbe State of New York, and the mtmeys col- 
 lect'.'d paid into the city treasury for the benefit of the fire 
 men's insurance fund. 
 
 § 35. All courts of civil jurisdiction in the City of Brooklyn 
 shall have cognizance of and jurisdii tion over any and all 
 suits and procee lings by this title authorized to be brought 
 for the recovery of any penalty, and the enforcement of any 
 of the several provisions of tnis title, and shall give prefer- 
 ence to such suits and proceedings over all others, and no 
 court shall lose jurisdiction of any action by reason of a plea 
 that title to real estate is involveil, proviiled the object of the 
 action is to recover a penalty for the violation of any of the 
 provisions of this title. The department of buildings is au- 
 thorized to institute, in the name of the City of Brooklyn, any 
 and all actions and proceedings, either legal or equitable, 
 that may be appropriate or necessary for the enfoi-cement of 
 the provisions of this title, and all civil courts in said city are 
 hereby invested with full legal and equitable jurisdiction to 
 hear, try and determine all such actions and proceedings, 
 and to make appropriate orders and render judgment therein 
 according to law, so as to give force and effect to the pro- 
 visions of this title. Whenever the commissioner of build- 
 ings is satisfied that any building or structure, or any portion 
 thereof, the erection, construction or alteration of which is 
 regulated, permitted or forbidden by this title, is being 
 erected, constructed or altered, or has been erected, con- 
 structfd or altered in violation of, or not in compliance with, 
 any of the provisions or requirements of this title, or in vio- 
 lation of any detailed statement of specifications or plans sub- 
 mitted and approved thereunder, or of any certificate or 
 
Title XIV. 221 Department of Buildings. 
 
 permit issued thereunder, or tbat any provisions or require- 
 ments of this title, or any order or direction made thereunder, 
 has not been complied with, said commissioner may, in his 
 discretion, cause to be instituted in the name of said city, any 
 appropriate action or proceeding at law or in equity to 
 restrain, correct or remove such violation, or to restrain or 
 correct the erection or alteration of, or to require the removal 
 of, or to prevent the occupation or use of tbe building or 
 structure erected, constructed or altered in violation of, or 
 not in compliance with any of the provisions of this title, or 
 with respect to which the requirements of the title or of any 
 order or direction made pursuant to an}' provisions contained 
 in this title shall not have been complied with. In any such 
 action or proceeding said commissioner may, in his discretion, 
 and on a verified complaint or petition, and such affidavits as 
 he may be advised, setting forth the facts, apply to any court 
 of record in said city, or to a judge or justice thereof, for an 
 order enjoining and restraining all persons from doing, or 
 causing, or permitting to be done, any work in or upon such 
 building or structure, or in or upon such part thereof as may 
 be designated in said complaint, petition or affi<lavits, or from 
 occupying or using said building or structure or such portion 
 thereof, as may be so designated for any purpose whatever until 
 the hearing and determination of said action or proceeding 
 and the entry of tinal judgment therein. The court, or judge, 
 or justice thereof, to whom such applic ation is made, is here- 
 by authorized forthwith to make any or all of the orders 
 above specified, as may be required in such application, with 
 or without notice, and to make such other or further orders 
 or directions as may be necessary to render the same effectual. 
 No officer of said department, acting in good faith, and wito- 
 out malice, shall be liable for damages by reason of anything 
 done in any such action or proceeding. No undertaking shall 
 be required as a condition to the grautin«^ or issuing of such 
 injuncticni order, or by reason thereof. All courts in which 
 any suit or proceeding is instituted under this title, shall, 
 upon the rendition of a verdict, report of a referee, or de- 
 cision of a judge or justice, render judgment according there- 
 with ; and the said judgment so rendered, shall be, and 
 become a lien upon the premises named in the complaint in 
 
IDepartment of Buildings. 222 
 
 Title XIV. 
 
 --any such action, to date from the time of the filing in the 
 <«ffice of the clerk of the County of Kings, of a notice of lis 
 pendens therein, which lien may be enforced against said 
 property, in every respect, notwithstanding the same may be 
 .transferred subsequent to the filing of the said notice; and 
 such suits and proceedings may be prosecuted to final 
 judgment against the parties originally named therein, and 
 mny and all persons acquiring any interest in the premi- 
 ses subsequent to the filing of the notice of lis pendens shall 
 be bound by the judgment. Said notice of lis pendens shall 
 -consist of a copy of the notice issued by the commissioner of 
 buildings, requiring the removal of the violation and a notice 
 of the suit or proceedings instituted, or to be instituted 
 Ihereon and said notice of lis pendens may be filed at any 
 time after the service of the notice issued by the com- 
 missioner of buildings as aforesaid, provided ho may deem 
 the same to be necessar}', or at or after the time of the filing 
 of the complaint or petition. Any notice of lis pendens filed 
 pui'suant to the provisions of this title may be vacated and 
 canceled of record upon an order of a judge or justice of the 
 tiourt in which such suit or proceeding was instituted or is 
 pending, or upon the consent in writing of the corporation 
 counsel of said city, and the clerk of the County of Kings is 
 hereby directed and required to ma)k any such notice (;f lis 
 pendens, and any record or docket thereof as vacated and 
 canceled of record upon the presentation and filing of a cer 
 tified copy of an order as afores;iid or of the consent in 
 wi'iting of said counsel. Such actions or proceedings maybe 
 ^commenced as any otber action is commenced in the courts 
 in which they are brought, or by an order to show cause 
 •based upon a petition or affidavits ; the issues in such actions 
 •or proceedings shall be tried as other issues are tried in such 
 -courts, according to the nature thereof, and the granting or 
 awarding costs upon final judgment shall be in the discretion 
 -of the court. 
 
 .§ 36. All notices of the violation of any of the provisions of 
 '.this title, and all notices directing anything to be done re- 
 ' ^^uired by this title, and all other notices that may be required 
 •caar authorized to i)c issued thereunder, including notice that 
 
Title XIV. 
 
 223 Department of Buildings. 
 
 any buildiDg, structure, premises, or any part thereof, are 
 deemed unsafe or dangerous, sball be issued by the commis- 
 sioner of buildings, or in case of his absence or inabibty to 
 act, by his deputy or assistant, and shall have his name 
 affixed thereto, and may be served by an officer or employe 
 of the department of buildings or by any person authorized 
 by the said department. All such notices and any notice or 
 order issued by any court in any proceeding instituted to re- 
 strain or remove any violation, or to enforce compliance with 
 an}' provision or requirement of this title, may be served by 
 delivering to and leaving a copy of the same with any perion 
 or persons violating, or who may be liable under any of the 
 several provisions of this title, or to whom the same may be 
 adilressed, and if such person or persons cannot be fcamd 
 after diligent search shall have been made for him or them, 
 then such notice or ordf r may be served by posting the same 
 in a conspicuous place upon the premises where such violation 
 is alleged to have been placed or to exist, or to which such 
 notice or order may refer, or which may be deemed unsafe or 
 dangerous, which shall be equivalent to a personal service of 
 said notice or order upon all parties for whom such search 
 shall have been made. If the person or i^ersons or any of 
 them, to whom said notice or order is addressed, do not reside 
 in the State of New York, and have no known place of busi- 
 ness therein, the same may be served by delivery to and leav- 
 ing with such person or persons, or either of them, a copy of 
 said notice or order, or if said person or persons cannot be 
 found within said State after diligent search, then by posting 
 a copy of the same in manner as aforesaid, and depositing a 
 copy thereof in the post office of the City of Brooklyn, in- 
 closed in a sealed wrapper addressed to said person or per- 
 sons at his or their last known place of residence, with the 
 postage paid thereon, and said posting and mailing of a copy 
 of said notice or order shall be equivalent to personal service 
 of said notice or order. 
 
 § 37. Any building or buildings, part or parts of a building 
 staging or other structure in the City of Brooklyn, that from 
 any cause may now be, or shall at any time hereafter become 
 dangerous or unsafe, may be taken down and removed, or 
 
Department of Buildings. 22i Title XIV. 
 
 made safe and secure in the following manner : Immediately 
 upon such unsafe or dangerous buildings, or building, or 
 part, or parts of a building, si aging or structure being re- 
 ported by any of the officers of the department of buildings, 
 the same shall be immediately entered upon a docket of 
 unsafe buildings to be kept by the commissioner ; and the 
 owner, or some one of the owners, executors, adminis- 
 trators, agents, lessees or any other person or persons 
 who may have a vested or contingent interest in the 
 same, may be served with a printed or written notice 
 containing a description of the premises or structure 
 deemed unsafe or dangerous, requiring the same to 
 be made safe and secure or removed, as the same may be 
 deemed necessary by the commissioner of buildings, which 
 said notice shall require the person or persons thus served to 
 immediately certify to the commissioner of buildings his or 
 their assent or refusal to secure or remove the same. If th(^ 
 person or persons so served with notice shall immediately 
 certify his or their assent to the securing or removal of said 
 unsafe or dangerous building, premises or structure, he or 
 they shall be allowed until one o'clock in the afternoon of the 
 day following the service of such notice in which to commence 
 the securing or removal of the same, and he or they shall 
 employ sufficient labor and assistance to secure or remove 
 the same as expeditiously as the same can be done ; but upon 
 his or their refusal or neglect to comply with any of the re- 
 quirements of said notice, the comniissioner of buildings may 
 immediately cause to be commenced in the name of said city 
 in any court of record therein, in the manner aforesaid, an 
 action or proceeding against the person or persons upon 
 whom said notice was served, to have such building or build- 
 ings, part or parts of a building, staging or other structure 
 declared and adjudged dangerous or unsafe, and to compel 
 the same to be taken down, removed, or made safe ; any other 
 person having any interest in or lien upon any such building, 
 buildings, staging or other structure, may, in the discretion 
 of the commissioner, or of the corporation counsel, be made 
 parties to any such action or proceeding. If such action or 
 proceeding is commenced by the service of a summons, the 
 suinmons shall be in the form prescribed by the code of civil 
 
Title XIV. i-^ > Department of Buildings. 
 
 procedure, except that it may require the defendants to an- 
 swer within a time therein mentioned and fixed, which time 
 shall be not less than two nor more than twenty days after 
 the service of the summons. Such summons may be served 
 personally, or, if the court, or a judge thereof, shall so order, 
 by fastening a copy of the same, together with a copy of the 
 complaint and order allowing such service, upon the building 
 or buildings, staging or other structure proceeded against, 
 and oy leaving a copy of the same papers with a person in 
 charge of such building, buildings or structure, if there be at 
 the time any one in charge thereof. But before any such 
 order is made, the court or judge granting the same must be 
 satisfied, by the affidavits presented to him, that the defend- 
 ant or defendants in any such action or proceeding so sought 
 to be served is absent from or cannot, after due diligence, be 
 found within this State. The issues joined in any such ac- 
 tion or proceeding may be brought to trial on any day in 
 term upon two days' notice, and shall have preference over 
 all other causes on the calendar of the court for the day men- 
 tioned in the notice, and the court shall then proceed to im- 
 panel a jiuy, hear, try and determine such issues in the same 
 manner as though the trial had been noticed for the first day 
 of a term of the court, and was then first reached in regular 
 order for trial. The verdict of the jury upon any such trial 
 shall be conclusive and final. Any such suit or pioceeding 
 commenced before a judge or justice may be continued before 
 another judge or justice of the same court ; a jury trial may 
 be waived by the default of the defendant or defendants to 
 appear and answer, or to appear upon the trial, or by agree- 
 ment, and in such case the triul may be bv court, judge, jus- 
 tice or referee, whose report or decision in the matter shall 
 be final. Upon the rendition of a verdict or decision of the 
 court, judge, justice or referee, if the said verdict or decision 
 shall find the said building, premises or structure to be un- 
 safe or dangerous, the judge or justice trying said cause, 
 or to whom the report of the referee trying said cause 
 shall be presented, shall immediately issue a precept out of 
 said court, directed to the commissioner of buildings, recit- 
 ing said verdict or decision, and commanding him forthwith 
 to repair and secure, or take down and remove, as the ease 
 
Department of Buildings. 226 Title XIV. 
 
 may be, in accordance with said verdict or decision, said 
 unsafe or dangerous building or buildings, part or parts 
 thereof, stagin/, structure or other premises that shall 
 have been named in the said notice and described in the 
 complaint. And said commissioner shall immediately 
 thereupon proceed to execute said jrecept as therein 
 directed, and may employ such labor and assistance and 
 furnish such materials as may be necessary for that 
 purpose, and after having done so said commissioner shall 
 make return of said precept with an indorsement of his 
 action thereunder and the costs and expenses thereby in- 
 curred, to the judge or justice then holding the chambers or 
 special term of the said court, and thereupon said judge or 
 justice shall, upon notice to the parties who appeared in said 
 action, or their attorneys, tax and adjust the amount en- 
 dorsed upon said precept, and shall adjust and allow disburse- 
 ments of said proceedings, together with the preliminary ex 
 peuses of searches and surveys, which shall be inserted in the 
 judgment in said action or proceeding, and shall render judg- 
 ment for such amount, and for the sale of said premises in 
 the said notice named, together with all the right, title and 
 interest that the person or persons, or either of them, named 
 in the sa.d notice, or named as defendants in such action, had 
 in the lot, ground or land upon which the said building or 
 structure was placed, at the time of the filing of a notice of 
 lis pendens in the said proceedings, or at the time of the 
 entry of judgment therein to satisfy the same, which shall be 
 in the same manner and with like effect as sales under judg- 
 ment in foreclosure of mortgages. And in and about all pre- 
 liminary proceedings, as well as the carrying into effect any 
 order of the court or any precept issued by any court, said 
 commissioner of buildings may make requisition upon the 
 comptroller of the city for such amount or amounts of money 
 as shall be necessary to meet the expenses thereof ; and upoa 
 the same being approved by any judge or justice of the court 
 in which said action was commenced, and presented to s iid 
 con)ptroller, he shall pay the same from the revenue fund, 
 and all moneys realized from any such sale shall be paid into 
 the city treasurer to the credit of the revenue fund. The 
 notice of lis pendens provided for in this section shall contain 
 
Title XIV. 
 
 227 Department of Buildings. 
 
 or have annexed a copy of the notice or order served b}' the 
 commissioner, and shall be filed in the office of the clerk of 
 the County of Kings. Provided, nevertheless, that immedi- 
 ately upon the issuing of said precept the owner or 
 owners of said building or premises, or any party interested 
 therein, upon application to said commissioner of buildings, 
 shall be allowed to perform the requirements of said precept 
 at his or their own proper cost and expense, provided the 
 same shall be done immediately and in accordance with the 
 requirements of said precept upon the payment of all costs 
 and expenses incurred up to that time. 
 
 § 38. The supreme court of the State of New York, the 
 county court of Kings County, and th(^ city court of Brooklyn 
 shall also, upon petition, respectively have power and juris- 
 diction to adjudge and decree that any store, storehouse, 
 dwelling or other building, staging or other structure of any 
 nature, or any part of either thereof, which is, has, or may 
 hereafter become dangerous, unsafe or insecure, or that any 
 such buddings or structures or parts thereof erected or 
 altered or in course of erection of alteration in violation of 
 the provisions of this title shall be taken down and removed, 
 or repaired and made safe in a proper manner. Any owner, 
 agent, lessee or occupant of any building against which a 
 decree shall be made, as hereinbefore provided, who shall 
 neglect, refuse or fail to comply with the terms of any such 
 decree, shall be deemed guilty of contempt, and be punished 
 as provided by law for the punishment of contempt of court. 
 The remedy given by this section is cumulative, and in addi- 
 tion to any other remedy or right of action in this title given. 
 
 § 39. In case any notice or direction authorized to be issued 
 by this title is not complied with within ten days after the 
 service thereof, the commissioner of buildings may also, in 
 his discretion, apply to any court of record held in the City 
 of Brooklyn at special term or at chambers, for an order 
 directing the department of builcliugs to proceed to make 
 the alteration, or remove the violation or violations, as tne 
 same may be specified in said notice or direction. When- 
 ever any notice requiring fire escapes or means of egress 
 
Department of Buildings. 228 Title XIV. 
 
 in case of fire to be placed in or upon any building shall 
 have been served, as directed in this title, and the same 
 shall not have been complied with within ten days 
 after service thereof, the said commissioner may, in his dis- 
 cretion, in addition thereto, or in Heu of the remedy last 
 above provided, apply to either of said courts at a special 
 term or at chambers, for an order directing the department 
 of buildings to vacate such buildings or premises, or so much 
 thereof as said department may deem necessary, and pro- 
 hibiting the same to be used or occupied for any purpose 
 speci6ed in said order until such notice shall have been com- 
 plied with. The expenses and disbursements incurred in the 
 carrying out of any said order or orders shall become a lien 
 upon said building or premises named in the said notice from 
 the time of filing of a copy of the notice with a notice of the 
 proceedings taken thereunder in the office of the clerk of the 
 County of Kings, and the said courts, or a judge or justice 
 thereof, to whom application shall be made, is hereby author- 
 ized and directed to grant any of the orders above named, 
 and to take such proceedings as shall be necessary to make 
 the same efiectual, and any said judge or justice to whom 
 application shall be made, is hereby authorized and directed 
 to enforce such lien in accordance with the general mechanics* 
 lien law of the State. And in case either of the notices or 
 any of the papers in this title mentioned shall be served upon 
 anj' lessee or party in possession of the building or premises 
 therein described it shall be the duty of the person upon 
 whom such service is made to immediately give notice to the 
 owner or agent of such building named in the notice or 
 papers, if the same shall be known to said part}' personally, 
 if such person shall be within the limits of the City of Brook- 
 lyn, and his residence known to such person, and if not within 
 said city, then by depositing a copy of the said notice or papers 
 in the Brooklyn post-office properly inclosed and addressed 
 to such owner or agent at his then place of residence, if 
 known, and b}- paying the postage thereon. And in case any 
 lessee or party in possession shall neglect or refuse to give 
 such notice as herein provided, he shall be personally lia- 
 ble to the owner or owners of said buildings or premises 
 for all damages he or they shall sustain by reason thereof, 
 
Title XIV. 
 
 229 Department of Buildings. 
 
 provided that a copy of this requirement, on his part, shall 
 be indorsed on or acccompany the notice or papers served on 
 him. 
 
 § 40. The said department of buildings shall be, and here- 
 by is, chai'ged with the enforcement of the provisions of this 
 title through the commissioner of buildings and he shall ap- 
 point all the officers and subordinates thereof. The inspec- 
 tors shall be men of good character, capable of writing a fair 
 hand, and be able to make out with cleai'ness their reports 
 and no person shall serve as, or be appointed to office as an 
 insjDector of buildings in said bureau who is dedcient in these 
 qualilications, and before their appointment to office they 
 shall pass examination before the civil service commission. 
 Any inspector of buildings for any neglect of duty or omis- 
 sion to properly perform his duty, or violation of rules, or 
 neglect or disobedience of orders, or incapacity, or absence 
 without leave, may be punished by the commissioner of 
 buildings by forfeiting and withholding pay for a specified 
 time, or by suspension from duty with or without pay : but 
 this provision shall not be deemed to abridge the right of 
 said commissioner to remove or dismiss any inspector of 
 buildings from the service of said department at any time in 
 his discretion. 
 
 § 41. The corporation coimsel is authorized to sue for and 
 collect all penalties and take charge of and conduct all legal 
 proceedings instituted for the enforcement of any of the 
 several provisions of this title or for the recovery of any pen- 
 alty thereunder brought in the name of the City of Brooklyn; 
 all notices of violation shall be retm-ned to him for prosecu- 
 tion, and it shall be his duty to take charge of the prosecution 
 of all such suits or proceedings, collect and receive all money 
 that may be collectible upon judgments, suits or proeeedirgs 
 so instituted, or which may be paid by any pai'ties who have 
 violated any of the provisions of this title, and upon settle- 
 ment of judgment and removal of violations thereiuider, 
 execute satisfaction therefor. He shall render to the 
 comptroller an account of, and pay over to the city 
 treasurer all penalties, and all other money, including 
 
Department of Buildings. 230 
 
 Title XIV 
 
 costs, received by him, all necessary disbursements incurred 
 or paid in said suits may be deducted or paid from such 
 moneys. All the officers appointed under this title shall, so 
 far as it may be necessary for the performauce of their re- 
 spective duties, have the right to enter au}' building or prem- 
 ises in said city. 
 
 «? 42. The commissioner of buildings is hereby authorized 
 and empowered to investigate, examiue and inquire into the 
 origin, details and facts of any supposed cases of violations 
 of any of the provisions of this titltj, of all other laws relating 
 to the building department, and of the rules and regulations 
 of said department, and also into all charges made against 
 the officers, agents and employes of said department for mis- 
 conduct, neglect or non-performance of duty. Said commis- 
 sioner, in and about any examination, investigation, or inquiry 
 authorized hereby, touching any matter or thing therewith 
 connected, may subpoena and compel the attendance of any 
 person or persons, and the production of any books, papers 
 or documents in his or their possession, or under his or their 
 control, connected with and necessary in the judgment of said 
 commissioner, to such examination, investigation or inquiry, 
 before him at the time and place therein named. For the 
 purpose aforesaid, the corj^oration counsel may at any time 
 obtain to be issued subpoenas out of the supreme court, tested 
 under the name of a justice of said court, in like form and 
 with like effect as though issued by said justice in any action 
 pending in a court of record : and said subpoena may be 
 served, and proof of such service may be made, in the same 
 manner as now by law provided for the service of subpoenas 
 out of said court ; and upon proof of service and proof of 
 non-compliance, failure to attend and testify on the part of 
 any person or persons, as required by said subpoena, or a 
 failure or refusal on ihe part of any person or persons 
 to produce any such books, papers or documents in his 
 or their possession, or a failure or refusal on his or 
 their part to answer any question put to him or them, 
 and deemed pertinent thereto, by any justice of said 
 court, proceedings may be commenced to punish said 
 person or persons as for contempt, and the provisions of 
 
Title XIV. 
 
 231 Department of Buildings. 
 
 the code of civil procedure, in relation to contempt proceed- 
 ings, shall be deemed applicable thereto. Said commissioner 
 in conducting an examination or inquiry as aforesaid, is 
 hereby authorized to administer any oath or affirmation in 
 the matter, and any false swearing under said oath or affir- 
 mation thus administered shall be perjury, and punishable as 
 such. Said examination may be continued and adjourned by 
 the said commissioner, from tim(3 to time, and any person 
 subpoenaed, as aforesaid, shall attend and testify upon said 
 adjourned day or days, and at the time and place designated, 
 as though the same had been named in said subpoena, and 
 with like effect as to any failure to appear and answer. Any 
 testimony or evidence taken as aforesaid shall be carefully 
 preserved in the records of said department. 
 
 § 43. Said commissioner shall inspect all ouildings, and it 
 shall be lawful for any of the inspectors, for such inspection, 
 to enter into and upon all buildings, livery or other stables, 
 boats or vessels, and place where any gunpowder, saltpetre, 
 hay, rushes, firewood, boards, shingles, shavings, or other 
 combustible materials may be lodged : and he shall give such 
 directions, in writing, as he may deem necessary, relative to 
 the removal thereof ; and in case of the neglect or refusal on 
 the part of the owner or possessor of such combustible 
 materials, or the ovmer or occupant of said premises, places 
 or vessels, or either of them, to remove or secure the same 
 within such time, and in the manner directed by the said 
 commissioner, the party offending shall forfeit and pay fifty 
 dollars, and the further sum of ten dollars for every twenty- 
 four hours' neglect to remove or secure the same aft^er being 
 so notified. 
 
 § 44. No building situated, or hereafter erected in the city, 
 occupied in whole or in part as a dwelling, or occupied by 
 any family or families, shall have any hay, straw, hemp, flax, 
 shavings, burning fluid, turpentine, camphene, or any other 
 combustible material stored therein, or in any part thereof, 
 or kept on sale except in such quantities as shall be provided 
 for by law, or by ordinance of the common council of said 
 city. 
 
Department of Buildings. 231a 
 
 Title XIV. 
 
 § 45. No house, building, or portion thereof, in the City of 
 Brooklyn, shall be used, occupied, leased or rented for a 
 tenement or lodging house unless the same conforms in its 
 construction and appurtenances to the rciquirements of this 
 title. 
 
 ^ 4G. Every house, buildinf^f, or portion thereof, in the City 
 of Brooklyn, designed to be used, occupied, leased or rented, 
 or which is used, occupied, leased or rented for a tenement or 
 lodging house, shall have in every room which is occupied as 
 a sleeping room, and which does not communicate directly with 
 the external air, a ventilating or transom window, having an 
 opening or area of three square feet, over the door leading 
 into and connected with the adjoining room, if such adjoining 
 room communicates with the external air, and also a venti- 
 lating or transom window of the same opening or area, 
 communicating with the entry or hall of the house, or where 
 this is from the relative situation of the rooms impracticable, 
 such last mentioned ventilating or transom window shall 
 communicate with an ad joinmg room that itself communicates 
 with the entry or hall, an adequate and proper ventilator, of 
 a form approved by the health commissioner. 
 
 § 47. The roof of every such house shall be kept in good 
 repair, and so as not to leak, and all rain water shall be so 
 drained or conveyed there fiom as to prevent its dripping on 
 to the ground or causing dampness in the walls, yard or 
 area. All stairs shall be provided with proper banisters or 
 railings, and shall be kept in good repair. 
 
 § 48. Every such building shall be provided with good and 
 sufficient water closets or privies, of a construction approved 
 by the heHlth commissioner, and shall have proper doors, 
 traps, soil pans and other suitable works and arrangements, so 
 far as may be necessary to insure the efficient operation thereof. 
 Such water closets or privies shall not be less in number than 
 one to every twenty occupants of said house ; but wat* r closets 
 or privies may be used in common by the occupants of any two 
 or more houses, provided the access is convenient and direct, 
 and provided the number of occupants in the houses for 
 which they are provided shall not exceed the proportion 
 ftbove req^uired for every priv^ or water closet. Every such 
 
Title XIV. 
 
 231& Department of Buildings. 
 
 house situated upon a lot on a street in which there is a 
 sewer shall have the water closets or privies furnished with 
 a proper connection with the sewer, which connection shall 
 be in all its parts adequate for the purpose, so as to permit 
 entirely and freely to pass whatever enters the same. Such 
 connection with the sewer shall be of a form approved by the 
 department of city works. All such water closets and vaults 
 shall be provided with the proper traps, and connected with 
 the house sewer by a proper tight pipe, and shall be provided 
 with sufficient water and other proper means of flushing the 
 same ; and every owner, lessee and occupant shall take ade- 
 quate measures to prevent improper substances from entering 
 such water closets or privies or their connections, and to 
 secure the prompt removal of any improper substances that 
 may enter them, so that no accumulation shall take place, 
 and so as to re vent any exhalations therefrom, offensive 
 dangerous or prejudicial to life or health, and so as to pre- 
 vent the same from being or becoming obstructed. No cess- 
 pool shall be allowed in or under or connected with any such 
 house, except when it is unavoidable, and in such case it 
 shall be constructed in such situation and in such manner 
 as the commissioner of health may direct. It shall in all 
 cases be water tight, and arched or securely covered over, 
 and no offenive smell or gases shall be allowed to escape there, 
 from, or from any privy or privy vault. In all cases where 
 a sewer exists in the street upon which the house or build lug 
 stands, the yard or area shall be so connected Avith the same 
 that all water, from the roof or otherwise, and all liquid filth 
 shall pass freely into it. Where no sewer exists in the street, 
 the yard or area shall be so graded that all water, from the 
 roof or otherwise, and all filth shall flow freely from it and 
 all parts of it into the street gutter, by a passage beneath 
 the sidewalk, which shall be covered by a permanent cover, 
 but so arranged as to permit access to remove obstructions 
 or impurities. 
 
 § 49. It shall not be lawful, without a permit from the 
 commissioner of health, to let or occupy, or suffer to be 
 occupied separately as a dwelling, any vault, cellar or under- 
 ground room, and it shall not be lawful without such permit^ 
 
Department of Buildings. 23 ic Title XIV. 
 
 to let or continue to be let, or to occupj^ or suffer to be occupied 
 separately as a dwelling, any vault, cellar or underground 
 room wbatsoever, unless the same be in every part thereof at 
 least seven feet in height, measured from the floor to the 
 ceiling thereof, nor unless the same l)e for at least one foot 
 of its height above the surface of the street or ground adjoin 
 ing or nearest to the same, nor unless there be outside of 
 and adjoining the said vault, cellar or room, and extending 
 along the entire frontage thereof, and upwards from six 
 inches below the level of the floor thereof up to the surface 
 of the said street or ground an open space of at least two 
 feet and six inches wide in every part, nor unless the same 
 be well and effectually drained by means of a drain, the 
 uppermost part of which is one foot at least below the level 
 of the floor of such vault, cellar or room, nor unless there is 
 a clear space of not less than one foot below the level of the 
 floor, except where the same is cemented, nor unless there 
 be appurtenant to sucn vault, cellar or room the use of a 
 water closet or privy kept and* provided as in this act 
 required, nor unless the same have an external window open- 
 ing of at least nine superficial ff,et clear of the sash frauje, 
 in which window opening there shall be fitted a frame filled 
 in with glazed sashes, at least four and a half superficial feet 
 of which shall be made so as to opi-n for the purpose of venti- 
 lation. Provided, liowever, that in the case of an inner or 
 back vault, cellar or room let or occupied along with a front 
 vault, cellar or room, as part of the same letting or occupa- 
 tion, it shall be u sufficient compliance with the provisions of 
 this act if the front room is provided with a window as here- 
 inbefore provided, and if the said back vault, cellar or room 
 is connected with the front vault, cellar or room by a door, 
 and also by a proper ventilating or transom window, and where 
 practicable also, connected by a proper ventilating or tran- 
 som window, or by some hall or passage communicating with 
 the external air. Provided always that in any area adjoining 
 a vault, cellar or underground room there may be steps 
 necessary for access to such vault, cellar or room, if the same 
 be so placed as not to be over, across or opposite to the 
 external window, and so as to allow between every part of 
 such steps and the external wall of such vault, cellar or 
 
Title XIV. 
 
 23lrZ Department of Buildings. 
 
 room, a clear space of six inches at least, and if the rise of 
 said steps is open ; and provided further that over or across 
 any such area there may be steps necessary for access to any 
 building above the vault, cellar or room to which such area 
 adjoins, if the same be so placed as not to be over, across or 
 opposite to any such external window. 
 
 § 50. No vault, cellar or underground room shall be occu- 
 pied as a place of lodging or sleeping, except the same shall 
 be approved, in writing, and a permit given therefor by the 
 health commissioner. 
 
 § 51. Every tenement or lodging house shall have the 
 proper and suitable conveniences or receptacles for receiving 
 garbage and other refuse matters. No tenement or lodging 
 house, nor any portion thereof, shall be used as a place of 
 storage for any combustible article, or any article dangerous 
 to life or detrimental to health ; nor shall any horse, cow, 
 calf, swine, pig, sheep or goat be kept in said house. 
 
 § 52. Every tenement or lodging house, and every part 
 thereof, shall be kept clean and free from any accumulation 
 of dirt, filth, garbage or other matt<^r in or on the same or 
 in the yard, court, passage, area or alley connected with or 
 belonging to the same. The owner or keeper of any lodging 
 house, and the owner or lessee of any tenement house or part 
 thereof, shall thoroughly cleanse all the rooms, passages, 
 stairs, floors, windows, doors, walls, ceilings, privies, cess- 
 pools and drains thereof of the house or part of the house of 
 which he is the owner or lessee, to the satisfaction of the 
 health commissioner, so often as shall be required by or in 
 accordance with any regulation or ordinance and shall, well 
 and sufficiently, to the satisfaction of the said commissioner^ 
 whitewash the walls and ceilings thereof twice at least in 
 every year, and in the months of April and October, unless 
 the said commissioner shall otherwise direct. Every tene- 
 ment or lodging house shall have legibly posted or painted 
 on the wall or door in the entry, or some public accessible 
 place, the name and address of the owner or owners, and of 
 the agent or agents, of any one having charge of the renting 
 and collecting of the rents for the same ; and service of any 
 
Department of Buildings. 231e 
 
 Title XIV. 
 
 papers required by this title, or by any proceedings to en- 
 force any of its provisions, or of the provisions relating to the 
 department of health, shall be sufficient if made upon the 
 person or persons so designated as owner or owners, agent or 
 agents. 
 
 § 53. The keepers of any lodging house, and the owner, 
 agent of the owner, lessee and occupant of any tenement 
 house, and every other person having the care or manage- 
 ment thereof, shall, at all times, when required l)y any offi- 
 cer of the department of health, or by any officer upon whom 
 any duty or authority is conferred by this title, give him free 
 access to such house and to every part thereof. The owner 
 or keeper of any lodging house, and the owner, agent of the 
 owner, and the lessee of any tenement house, or part thereof, 
 shall, whenever any person in such house is sick of fever, or 
 of any infectious, pestilential or contagious disease, and such 
 sickness is known to such owner, keeper, agent or lessee, 
 give immediate notice thereof to the department of health, or 
 to some officer of the same, and thereupon the health com- 
 missioner shall cause the same to be inspected, and may, if 
 found necessary, cause the same to be immediately cleansed 
 or disinfected at the expense of the owner, in such manner as 
 he may deem necessary and effectual ; and may also cause the 
 blankets, bedding and bed clothes used b^' any such sick per- 
 son to be thoroughly cleansed, scoured and fumigated, or, in 
 extreme cases, to be destroyed. 
 
 g 54. Whenever it shall appear to the satisfaction of the 
 health commissioner, toat any building or part thereof is 
 unfit for human habitation, by reason of its being so infected 
 with disease as to be likely to cause sickness among the occu- 
 pants, or by reason of its want of repair has become danger- 
 ous to life, he may issue an order, and cause the same to be 
 affixed conspicuously on the building or part thereof, and to 
 be personally served upon the owner, agent or lessee, if the 
 same can be found in this State, requiring all persons therein 
 to vacate such building for the reasons to be stated therein 
 as aforesaid. Such building or part thereof shall, within ten 
 days thereafter, be vacated; or withinsuch shorter time, not 
 less than twenty-four hours, as in said notice may be speci- 
 
Title XrV. 
 
 231/ Department of Building's. 
 
 fied ; but said commissioner, if he shall become satisfied that 
 the danger from said house, or part thereof, has ceased to 
 exist, may revoke such order, and it shall thenceforth be in- 
 operative. 
 
 $ 55. It shall not be lawful to erect for, or convert to, the 
 purposes of a tenement or lodging house, a building on any 
 lot where there is another building on the same lot, unless 
 there is a clear, open space exclusively belonging thereto, and 
 extending upwards from the ground, of at least ten feet be- 
 tween said buildings, if they are one story high above the 
 level of the ground ; if they are two stories high, the dis- 
 tance between them shall not be less than fifteen feet ; if they 
 are three stories high, the distance between "them shall not 
 be less than twenty feet ; and if they are more than three 
 stories high, the distance between them shall not be less than 
 twenty-five feet. At the rear of every building hereafter 
 erected for or converted to the purposes of a tenement or 
 lodging house on any lot, there shall be a clear, open space 
 of not less than ten feet between it and the rear line of the 
 lot. But when thorough ventilation of such open spaces can 
 be otherwise secured, such distances may be lessened or mod - 
 ified in special cases, or the open spaces may be dispensed 
 with on corner lots by a permit from the department of 
 health. 
 
 § 56. In every such house every habitable room, except 
 rooms in the attic, shall be in every part not less than eight 
 feet in height from the floor to the ceiling ; and every habita- 
 ble room in the attic of any such building shall be at least 
 eight feet in height from the floor to the ceiling, throughout 
 not less than one-half the area of such room. Every such 
 room shall have at least one window connecting with the ex- 
 ternal air, or over the door a ventilator of perfect construc- 
 tion, connecting it with a room or hall which has a connec- 
 tion with the external air, and so arranged as to produce a 
 cross current of air. The total area of window or windows 
 in every room communicating with the external air shall be 
 at least one-tenth of the superficial area of every such room ; 
 and the top of one, at least, of such windows shall not be 
 less ikm seven feet md six inches above the floor, and the 
 
Department of Buildings. 2317 
 
 Title XIV. 
 
 upper half, at least, shall be made so as to open the full 
 width. Every habitable room of a less area than one hun- 
 dred superficial feet, if it does not communicate directly with 
 the external air, and is without an open fireplace, shall be 
 provided with special means of ventilation, by a separate air 
 shaft, extending to the roof, or otherwise, jis the commis- 
 sioner of health ma}' prescribe. 
 
 § 57. Every such house shall have adequate chimneys run- 
 ning through every floor, with an open fire place or gi-ate, or 
 place for a stove, properly connected with one of said chim- 
 neys, for every family and set of apartments. It shall have 
 proper conveniences and receptacl*»s for ashes and rubbish. 
 It shall have Ridgewood, or other water furnished at one or 
 more places in such house, or in the yard thereof, so that the 
 same may be adequate and reasonably convenient for the use 
 of the occupants thereof. It shall have the floor of the cellar 
 properly cemented, so as to be water tight The halls on 
 each floor shall open directly to the external air, with suita- 
 ble windows, and shall have no room or other obstruction at 
 the end, unless sufficient light or ventilation is otherwise pro 
 vided for said halls, in a manner approved by the health 
 commissioner. 
 
 «; 58. A tenement house within the meaning of this act, 
 shall be taken to mean and include every house, building or 
 portion thereof which is rented, leased, let or hired out to be 
 occupied, or is occupied as the home or residence of three 
 families or more, living independently of each other, and do- 
 ing their cooking upon the premises, or by more than two 
 families upon a floor, so living and cooking, but having a 
 common right in the halls, stairways, yards, water closets or 
 privies, or some of them. A lodging house shall be taken to 
 mean and include any house or building, or portion thereof, 
 in which persons are harbored or received, or lodged for hire 
 for a single night, or for less than a week at one time, or any 
 part of which is let for any person to sleep in for any term 
 less than a week. A cellar shall be taken to mean and in- 
 clude every basement or lower story of any building or house 
 of which one-half or more of the height from the floor to the 
 ceiling is below the level of the street adjoining. 
 Ch. 270, L. Ic91. 
 
Title XIV. 23l7i Department of Buildings. 
 
 ^ 59. The health commissioner shall have authority to 
 make other ref>ulations as to cellars and as to ventilation, con- 
 sistent with the foregoiDg, where he shall be satisfied that 
 such regulations will secure equally well the health of the 
 occupants. 
 
 § 60. All ash holes or ash houses withiu the said district 
 of tlje City of Brooklyn shall be built of brick or stone, with- 
 out the use of wood in any part thereof. 
 
 § 61. The commissioner of buildings shall, twice in each 
 year, namely, in the months of June and December, and as 
 much oftener as he may think proper, examine or cause to 
 be examined, the dwelling houses and other buildings in the 
 city for the purpose of ascertaining all violations of any laws 
 and ordinances for the more effectual prevention of fires, and 
 also to inspect the fire places, hearths, chimneys, stoves and 
 pipes thereto, ovens., boilers, heaters and all chemical ap- 
 paratus, or other things and substances which, in hie opin- 
 ion, may be dangerous in causing or promoting fire, or dan- 
 gerous to firemen or occupants in case of fire, and also the 
 places where the ashes may be deposited ; and it shall be 
 lawful for him or any of the inspectors of buildings to enter into 
 or upon any lands or buildings for the purpose of such inspec- 
 tion ; and it shall be their duty, upon finding anything de- 
 fective or dangerous, to direct the owner or occupant, by a 
 written or printed notice, to alter, remove or amend the same, 
 in such a manner and within such a reasonable time as they 
 may deem necessary ; and in case of any neglect or refusal to 
 do so the party offending shall forfeit and pay the sum of fifty 
 doUai s, and for every twenty-four hours after the time allotted 
 aforesaid to alter, remove or amend the same in conformity 
 with the directions aforesaid, the party or parties offending 
 shall forfeit and pay the further sum of ten dollars. 
 
 Note. — This entire title was amended by Chapter 481, Laws 1894. 
 Section one to section forty-two, inclusive, is new. Section forty-three 
 lo sixty-one, inclusive, consist of former sections of the title renumbered 
 (see section two of said act). Section three of said act provides for 
 builditigs iu the process of erection at the time of the passage of the act. 
 
TITLE XV 
 
 DEPARTMENT OF CITY WORKS. 
 
 Section 1. The head of the department of city works is 
 hereby designated the commissioner of city works. He shall 
 be appointed by the mayor, as hereinbefore provided. His term 
 of office shall be two years, and shall commence on the first 
 day of February next succeeding his appointment. He shall 
 receive an annual salarj^ of five thousand dollars, payable in 
 monthly instalments. He may appoint, during 'pleasure, a 
 chief engineer, a water* register, a water purveyor, a secretary 
 and such and so many other subordinate officers and em- 
 plojTS as the water service may require. He shall have 
 charge and control, subject to the direction of common council, 
 excei3t as otherwise provided in this act, of the records and 
 papers of the department, heieby declared to be public 
 records, and of the following works and property, namely : 
 
 1. Of all structures and property connected with the pub- 
 lic water works, the supply and distribution of water, and 
 the collection of the water revenue. 
 
 2. Of construction and maintenance of public sewers and 
 drainage. 
 
 3. Of opening, altering, regulating, grading, regrading, 
 curbing, guttering and lighting streets, avenues, places and 
 roads, flagging sidewalks and laying cross-walks. 
 
 4 Of constructing and repairing public roads, extending 
 beyond the limits of paved streets. 
 
 5. Of the care of public buildings and offices. 
 
 6. Of the filling of sunken lots and fencing vacant lots. 
 
 7. Of digging down lots, licensing of street vaults, cisterns 
 and cesspools. 
 
 8. Of paving and repaving and repairing and cleaning 
 streets, avenues and places, an:l keeping the same clear of 
 encroachments, obstructions and incumbrances. 
 
 9. Of digging, constructing and repairing wells and 
 pumps. 
 
 * So m origiual. 
 
1 
 
 Department of City Works. 231 Title XV. 
 
 10. Of making and preserving all survey's, maps, plans, 
 estimates and drawings relating to the laying out and im- 
 13rovements of streets, avenues, roads and sewers ; the con- 
 struction, altering and repairing of public structures, build- 
 ings and offices, and all other public works under the care of 
 the said department. 
 
 § 2. There shall be the following bureaus in the depart- 
 ment of city works, the chief officers, subordinates and em- 
 ployes of which shall be appointed and removed at pleasure 
 by the commissioner of city works, as provided by section two 
 of title three of this act. 
 
 1. A bureau having the care of all the ponds, conduits, 
 reservoirs, engines, pumps and lands connected with water 
 works ; the construction of any new work relating thereto ; 
 the construction of sewers ; the grading, curbing, guttering, 
 paving, repaving and repairing of all streets, avenues and 
 places ; constructing and rej^airing roads, flagging ■ and re- 
 pairing sidewalks, laying crossw^alks, filling sunken lots, 
 digging down lots, fencing lots, constructing and repairing 
 of wells and pumps, setting of lamp-posts, building docks, 
 bulkheads, and repairing the same, building and repairing 
 bridges ; making and preserving all maps and surveys, plans, 
 estimates and drawings, relating to the laying out, regulat- 
 ing, grading, paving, numbering and renumbering of all 
 streets and avenues, and any other public improvement to be 
 done by or under the supervision of the department, and the 
 supervision of altering and repairing all public buildings, 
 offices and structures, the chief officer of w^hich shall be called 
 the "chief engineer." 
 
 2. A bureau having the care of the extension and distribu- 
 tion of the water, laying of the water pipes, the setting of all 
 w^ater meters, taking and preserving their rc-cord, the sale 
 of water to shipping, the setting and repair of fire and drink- 
 ing hydrants, the chief officer of which shall be called the 
 " water purveyor ; " provided that the said commissioner 
 shall not have the power to direct the use of any special stop- 
 cock or other plumbing material, but may prescribe the size 
 and strength. Whenever the water purveyor shall receive a 
 
Title XV. 
 
 235 Department of City Works. 
 
 report in writing from a member of the fire department, as 
 hereinbefore provided in this act, showing that any fire hy- 
 drant is clogged up, frozen or out of repair, or for any other 
 reason is not in good working order, it shall be the dut}^ of 
 the water purveyor to cause such hydrant to be immediately 
 put in good order. 
 
 Chap. 104, Laws of 1894, Subd. 2, Sec. 2. 
 
 3. A bureau for the collection of the revenue arising from 
 the sale and use of water, the chief officer of which shall be 
 called the " water registrar," and the provision of the fifth 
 section of title seven of this act shall apply to the registrar 
 of water rates in like manner as they apply to the collector 
 of- taxes and assessments. 
 
 4. A bureau for the inspection, cleaning, granting permits 
 for sewer connections and their inspection and the general 
 care of all sewers, to be called " superintendent of sewers." 
 
 5. A bureau having the care and charge of street cleaning, 
 removing- ashes and garbage, keeping the streets, avenues 
 and places free and clear of all encroachments, obstructions 
 and incumbrances, regulating the occupancy of streets by 
 licensed hacks, carts and trucks, granting builders' permits, 
 putting up street signs, cleaning and repairing public lamps, 
 inspection of gas and lamps, the erection of awnings, the 
 ctief of which shall be called the " superintendent of 
 streets." 
 
 6. A bureau having charge of furnishing fuel, furniture, 
 utensils, books, stationery and all needed articles for all pub- 
 lic offices (including the city courts), excep'.ing as may be 
 otherwise provided for, and all supplies shall only be fur- 
 nished upon a requisition signed by the proper officers and 
 approved by the head of the department ; the chief of such 
 bureau shall be called " superintendent of supplies." 
 
 § 3. The said commissioner of city works shall recommend 
 to, and the common council shall, by ordinance, establish a 
 scale of annual water rates for the supply of water, to be 
 called the scale of " regular rents," by way of distinction 
 from the assessments hereinafter directed, and adapted to 
 the difi'erent classes of buildings in said city, with reference 
 to their dimensions, values, exposures to fires, their ordinary 
 
Department of City Works. 236 Title XV. 
 
 uses for dwelliDgs, stores, shops, private or other stables, or 
 other common purposes, number of families or other occu- 
 pants, or probable consumption of water, as near as may be 
 practicable, and may change said scale from time to time, 
 and also extend it to other descriptions of buildings, occu- 
 pants and uses ; such rents shall be collected from the owners 
 and occupants of all such buildings, respectively, which shall 
 be situated upon lots adjoining an}- street, avenue, lane or 
 court in said city in which the distributing water pipes shall 
 have been laid, and from which they can be supplied with 
 water, whether t'ae water shall be used or not. Hotels, fac- 
 tories, stables, livery stables and other buildings and estab- 
 lishments, which shall consume extra quantities of water, and 
 steamboats and shipping may, in addition to the regular 
 rates, be charged with rents to te called " extra rents," to be 
 established in like manner as the regular rents. Water may 
 be distributed from said works for any use in Kings, Queens 
 and adjacent counties, upon such terms and conditions as 
 may be prescribed by the said commissioner, subject to the 
 ordinances of the common council. All regular rates hereto- 
 fore laid or which may hereafter be laid for the use of water, 
 and all rents imposed for extra water closets, and for each 
 street-washer, together with the interest chargeable thereon, 
 as provided in title seven, section ten, after the same are pay- 
 able, shall be a lien upon the premises on which they are 
 charged, and may be collected from the owner or occupants ; 
 such liens shall be enforced in the same manner as herein 
 provided for the collection of taxes. All charges for extra 
 water shall be payable by the person using or receiving such 
 extra water at such times and in such manner as the common 
 council, or, in default thereof, the commissioner of city works, 
 may direct. 
 
 § 4. All water rates and water rents shall be paid to and 
 collected by the said department of city works. All moneys 
 received by the said department shall be paid daily to the 
 treasurer of the City of Brooklyn, who shall keep a separate 
 account of all moneys received from and paid on account of 
 the water works. He shall hold all moneys paid in on ac- 
 count of the water works, and shall pay them out as provided 
 by this act, and not otherwise. 
 
Title XV. 
 
 237 Department of City Works. 
 
 § 5. The price of rents to be fixed for the use of water to 
 be suppHed by the said works, shall, as far as may be reason- 
 able and practicable, be regulated and adjusted so as to pay 
 from the net income the interest upon, and ultimately the 
 principal of the bonds. After the payment or deduction of 
 all expenses and charges of maintenance and distribution, the 
 net surplus income from said works shall be set apart as a 
 special sinking fund, to be denominated " the water sinking 
 fund," and shall be appropriated and apphed for and towards 
 the payment of the piincipal and interest of the said bonds, 
 and shall be under the management and control of the mayor, 
 comptroller and treasurer of said city, or the major part of 
 them for the time being, who shall be the commissioners of 
 the said fund, and shall apply the same solely to the use and 
 purpose aforesaid, until the principal and interest of the said 
 bonds shall be fully paid and discharged. 
 
 § 6. The said commissioner of city works shall, in eyery 
 year, by resolution, fix the price which shall be assessed (oyer 
 and aboye the regular rent and the special rent hereinbefore 
 proyided for) upon eyery vacant lot situated upon any street, 
 lane, alley or court through or into which distributing pipes 
 shall haye been laid, until the bonds issued for the construc- 
 tion of the said works, with the interest thereon, shall have 
 been paid, and thereafter they shall be adjusted so as to, 
 with the other provisions of this act respecting income from 
 said works, meet the expense of repairs, maintenance and 
 extension of said works. The net proceeds or income of said 
 works shall be paid into the said special sinking fund, as 
 herein provided. Such sums so assessed, together with per- 
 centages for defaults, as provided by section f om' of title 
 seven of this act, shall be a lien upon the said premises re- 
 spectively, and the same may be collected and enforced in 
 the same manner as the annual county taxes are collected 
 and enforced in said city. 
 
 An act to amend an act, entitled, " An act to provide 
 for the supply of the City of Brooklyn with water," 
 passed April sixteen, eighteen hundred and fifty-nine. 
 
Department of City Works. 2c 8 
 
 Title XV. 
 
 Section 1. The act entitled "An act to provide for the 
 snp23ly of the City of Brooklyn witli water," being chap- 
 ter three hundred and ninety six of the laws of eighteen 
 hundred and fifty-nine, is hereby amended by adding at 
 the end thereof a section to be known as section thirty, 
 as follows : 
 
 § 30. The commissioner of the de]3artment of city 
 works shall make up and complete by the fifteenth day of 
 March in each year, books containing the amount of the 
 annual water rate or rent to be levied, assessed or charged 
 upon each and every parcel of land, occupied or vacant, 
 and each and every building in the City of Brooklyn, 
 which books shall be ke])t open for examination and cor- 
 rection until the fifteenth day of April when they shall 
 be closed. During the time said books shall be open 
 said conmiissiouers shall give notice thereof by publica- 
 tion in the corporation newspapers of the (City of Brook- 
 lyn, and during that time application may be made by 
 any person aggrieved by the amount charged upon or 
 against his property. Such application must be iu 
 writing and must state the grounds of the objection. 
 
 § 2. This act shall take efiect immediately. 
 Chapter 44, Laws of 1888. 
 
 § 7. There shall be added to the general tax of the City of 
 Brooklyn at large, yearly hereafter, and levied and collected 
 therein, such sum of money, if any, which in the judgment 
 of the mayor and comptroller may be necessary to pay to the 
 sinking fund for the full and final redemption of the bonds 
 issued on account of said water works. And also there shall 
 be added to the said general tax of said city at large, yearly 
 hereafter, such further sums of money in each year as shall 
 be necessary to pay any deficiency which the net income of 
 the water works, after paying the annual expenses thereof, 
 shall be insufficient to pay off the interest for any year on any 
 such bonds. It shall be the duty of the mayor and comp- 
 troller of said city to estimate and ascertain the amount of 
 such deficiency, and transmit a statement of the same in each 
 year to the board of estimate in time to have such amount 
 included in the general tax of the said city for that year ; it 
 shall be the duty of the supervisors of the County of Kings 
 to cause such amount to be included in such general tax. 
 Chapter 453. Laws of 1890. 
 
Title XV. 
 
 239 Department of City Works. 
 
 § 8. The moneys directed by the preceding section to be 
 be paid in bo tiie said water sinking fund shall be invested 
 by the commissioners of said fund in the several and re- 
 spective public stocks or bonds issued by the City of Brook- 
 lyn, by the County of Kings, by the State of New York, or 
 by the United States. 
 
 § 9. The commissioner of the department of city works 
 shall make up and complete, by the fifteenth of March in 
 each year books containing, the amount of the annual water- 
 rate or rent to be levied, assessed or charged upon each and 
 every parcel of land occupied or vacant, and each and every 
 building, which books shall be kept open for examination 
 and correction until the fifteenth day of April, when they 
 shall be closed. During the time said books shall be open 
 said commissioner shall give notice thereof by publication in 
 the corporation newspapers of the City of Brooklyn, and 
 during that time application may be made by any person 
 aggrieved by the amount charged upon or against his prop- 
 erty. Such application must be in writing and must state 
 the grounds of the objection. The commissioner of city 
 works shall cause to be prepared and transmitted to the 
 registrar of arrears, on or before the first day of June in 
 each year, a separate account for each ward of all items for 
 water rates of the last preceding water year ending on the 
 last day of April, which may remain unpaid, wdth the 
 amount due on each lot, and shall include in such account 
 all amounts for water rates of any previous year which may 
 have been omitted in former returns to said registrar, and 
 shall, at the same time, notify the comptroller, in writing, of 
 the aggregate amount of such arrears of each year so re- 
 turned ; and said department shall thereafter receive no pay- 
 ments on account of the same, but may, nevertheless, certify 
 to the registrar of arrears any omissions or overcharges 
 which may have been made in any such return to him, 
 which shall, upon snch certificate, be duly added or cancelled 
 by said registrar ; provided, however, that no such amount 
 shall be cancelled or remitted after the same has been settled. 
 
 § 10. The said commissioner of city works is hereby- 
 charged with the duty of managing said works so as to 
 
Department of City Works. 240 
 
 Title XV. 
 
 attain the objects for wbich they are constructed, and of 
 keeping them in a state of efficiency and repair ; and he is 
 authorized from time to time to expend such sums of money 
 as shall be appropriated by the common council for those 
 purposes. 
 
 § 11. The commissioner of city works, by and with the 
 consent of the common council, is hereby authorized from 
 time to time to purchase such additional land, and under 
 existing provisions of law extinguish such additional water 
 rights as may be necessary for the use, protection or exten- 
 sion of the water works, of the City of Brooklyn : and to 
 purchase such additional pipes, machinery and other mater- 
 ials as may be necessary for the distribution of water ; and 
 the increase of the cost of said water works occasioned 
 thereby, and all incidental expenses incurred and to be in- 
 curred in the extension, construction and management of 
 said works, except as hereinafter otherwise provided for, 
 shall be met by the issue of l)onds of the city, to be issued 
 by the mayor, comptroller and city clerk from time to time, 
 as the same shall be required, for the purposes aforesaid, 
 bearing interest at the rate of not exceeding four per cent, 
 per annum, payable half-j^early, on the first day of January 
 and July in each year. 
 
 § 12. For the purpose of extending the water works of 
 the City of Brooldyn or increasing the efficiency of the pres- 
 ent works, the said city may purchase, take and hold any 
 real estate necessary for the purpose, and by its agents, di- 
 rectors, servants or other persons employed, may, on making 
 compensation therefor, in the manner provided for in this 
 title, enter upon the lands of any person or persons which 
 may be necessary for that purpose, and may take the water 
 from any springs, ponds, wells, fountains, streams, or other 
 sources, and divert and convey the same to said city, and 
 may lay and construct any pipes, conduits, aqueducts, canals, 
 wells, reservoirs, or other works or machinery necessary or 
 proper for said purpose, upon any lands so entered upon, 
 purchased, taken or held. Said city may, as aforesaid, enter 
 upon any lands, streets, highways, roads, lanes or public 
 squares through which they may deem it proper to carry the 
 
Title XV. 
 
 241 Department of City Works. 
 
 water from said springs, fountains, ponds, rivers, streams, 
 wells, reservoirs or other sources, and lay and construct 
 therein any pipes, conduits, aqueducts, canals, or other 
 works, for that purpose, leaving the said lands, streets, high- 
 ways, roads, lanes, or public squares in the same condition, 
 as nearly as may be, as they were before said entry. 
 
 § 13. Before entering, taking or using any land for the 
 purpose in the last section mentioned, the City of Brooklyn 
 shall cause a survey and map to be made of the lands in- 
 tended to be taken or entered upon for any of the said pur- 
 poses, and by which the land of such owner or occupant, in- 
 tended > taken or used, shall be designated, and which 
 map shall be signed by the surveyor or engineer making the 
 same and by the commissioner of city works, and be filed in 
 the office of the clerk of the County of Kings. The City of 
 Brooklyn, by any two of its officers, agents or servants, may 
 enter upon any lands for the purpose of making any examina- 
 tion and of making said survey and maps. 
 
 § 14. In case the commissioner of city works cannot 
 agree with the [said owners and occupant of any land or 
 water intended to be taken or used as aforesaid, for the pur- 
 chase thereof, the said commissioner of city works may apply 
 to the supreme court at any term or session thereof held in 
 the second judicial district, or to the county court of said 
 County of Kings for the appointment of three commissioners 
 of appraisal, by whom the compensation to be paid for the 
 damages suffered or to be suffered by any person or persons by 
 reason of taking of of* said lands and water and constructing 
 any of the works of said City of Brooklyn, shall be ascertained 
 and determined, and in case of the death, resignation, refusal 
 or disability to act of any of said commissioners, the court may 
 appoint others in their places. The commissioners shall 
 cause a notice of at least twenty days of the time and place 
 of their meeting to be served upon such of the owners of the 
 said land and water as can be found in this State, which may 
 be served personally, or, in their absence from their dwell- 
 ings or place of business, by leaving the same thereat with 
 some person of suitable age, and in case of any legal dis- 
 
 *So in tbe original. 
 
Department of City Works. 242 Title XV. 
 
 ability of such owner to act, thereupon serving notice in Uke 
 manner upon his guardian or person appointed to act for 
 him as hereinafter directed, and in case awy of said persons 
 cannot be found in this State, such notice shall be given by 
 publishing the same for six weeks successively in two news- 
 papers published in said city, and if any of said owners 
 shall be married women, insane, infants or idiots, the said 
 court shall appoint some suitable person to attend in their 
 behalf before the said commissioners and take care of their 
 interests in the premises. The commissioners may issue 
 subpoenas to compel the attendance of witnesses to testify 
 before them, and they or any of them may administer the 
 usual oaths to such witnesses. They shall make a written 
 report of aU their proceedings, containing the testimony 
 taken by them and showing the sum awarded to each owner 
 or other person, and return the same to said court to be 
 filed on record. The Cit}' of Brooklyn shall pay to each 
 commissioner the sum of three dollars per day for every day 
 necessarily spent by [him in the performance of his duty 
 under this act, and to each witness sworn and testifying, and 
 if not sworn and testifying, who the commissioners shall 
 certify was properly and necessarily subpoenaed, the sum of 
 one dollar per day and four cents per mile travel in going 
 and returning, if living more than three miles from the place 
 of meeting. The said commissioner of the city works or any 
 party to the proceedings of the said commissioners of ap- 
 praisal may appeal from any award or determination of the 
 said commissioners, x^rovided the party appealing shall, 
 within tnn days after such award or determination shall be 
 made, give written notice of the appeal to the said court ; 
 the said court shall examine the report of the said commis- 
 sioners, and if their proceedings in the case have been irreg- 
 ular, the said court may set the same aside,and order newpro- 
 ceedin.^s and appraisements, and the said court may make 
 such order in reference to the proceedings of the said com- 
 missioners and of notices to be given to parties as may not 
 be inconsistent with this act, and as the nature of the case 
 and the interests of the parties may require ; and the said 
 commissioners shall again examine the case and their de- 
 cision then made shall be final. If at any time an attempted 
 
Title XV. 
 
 243 Department of City Works. 
 
 or actual ascertainment of compensation under this act, or 
 any purchase of lands or water for the use of said City of 
 Brooklyn the title acquired to all or any part of said land 
 or water shall fail or be deemed defective, the said commis- 
 sioner of city works may proceed anew to perfect such title 
 by procuring an ascertainment of the compensation proper 
 tu be made to any person or persons whose title, claim or 
 interest in, or lien upon such lands, shall not have been 
 compensated and extinguished according to law, and by 
 making payment thereof in the manner heretofore provided, 
 as near as may bo. Upon the payment or legal tender of 
 the compensation, determined as before provided, the said 
 City of Brooklyn shall be entitled to enter upon for the pur- 
 poses contemplated by this act, all the lands, waters, and real 
 estate for which such compensatian shall be paid or ten- 
 dered as herein provided, and to hold and use the same for 
 the said purposes to it and its successors forever. If any 
 person to whom any compensation shall be awarded or who 
 shall be entitled to the same by virtue of said award, cannot 
 be found or shall refuse to receive the sum awarded to him, 
 then the said payment may be made by depositing the 
 amount of said award to the credit of said person in such 
 bank as mav be appointed by said court, a certificate of such 
 deposit, signed by the cashier of said bank, shall be pub- 
 lished by the said commissioner of city works in the corpo- 
 ration newspapers published in said city for four weeks suc- 
 cessively immediately after said deposit. If the person to 
 whom compensation is awarded, or who is entitled to receive 
 the same as aforesaid, be under legal disability as aforesaid, 
 payment may be made to his guardian, or person appointed 
 as aforesaid by the said court, as*, if said guardian or person 
 appointed cannot be found, then by deposit in bank as afore- 
 said. The said City of Brooklyn shall also take and hold, 
 for the purposes contemplated by this act, all the lands, 
 waters, and real estate which they shall in any way legally 
 enter upon and take by virtue thereof to it and its suc- 
 cessors forever. 
 
 § 15. The said commissioner of city works may draw upon 
 
 'So in original. 
 
Department of City Works. '2U 
 
 Title XV. 
 
 the comptroller of the City of Brooklyn for any sum in favor 
 of and to be paid to the owner of any lands, streams (^r 
 property acquired or affected by virtue of this title, and also 
 for any sum to be paid for any charges and expenses in- 
 curred by him in the performance of his duties pursuant to 
 section fourteen of this title. Such drafts shall specify the 
 objects for which they are drawn, and shall be paid by the 
 said comptroller on their presentation. 
 
 ? 16. The said commissioner of city works shall fix the 
 times when all water rents shall be payable. He may make 
 regulations as to the times and mode of using the water and 
 testing the quantity used, and the rules and restrictions for 
 such use, printed on each water permit, shall be notice to the 
 water takers, and shall authorize the exaction and recovery, 
 by due process of law, of any penalties which the said com- 
 missioner of city works may impose in addition to the 
 cutting off the use of the water, for any violation of the rules ; 
 and this section shall be printed on such permits. 
 
 ^17. The said commissioner of the city works, shall cause 
 hydrants to be placed in the public streets, wherever he may 
 deem them necessary, to be used for the extinguishment of 
 fires and other purposes, and may prescribe and limit their 
 uses ; and any use thereof in violation of the regulations which 
 said commissioner of city works may impose, is hereby de- 
 clared to be a misdemeanor, for which any person offending 
 may be punished according to law. The said common 
 council, may, by ordinance, prescribe penalties for the viola- 
 tions of said regulations; and the said commissioner of of -^city 
 works, in the name and for the use of the City of Brooklyn, to 
 the credit of the water fund, may sue for and recover such 
 penalties, with treble costs, in any court, and such actions 
 shall be conducted under the direction of the department of 
 law. 
 
 § 18. The said commissioner of city works may, upon such 
 terms and conditions as he may provide, license plumbers to 
 open streets and bore pipes, and make the necessary connec- 
 tions therewith to conduct the water upon any premises for 
 
 *So in original. 
 
Title XV. 
 
 215 Department of City Works. 
 
 use, and may prescribe a license fee to be paid by such 
 plumbers, and may require from tbem security against 
 damage and for the faithful performance of such duties. 
 Chap. 133, Laws of 1891. 
 
 § 19. It shall not be lawful to establish any cemetery or 
 place of burial, or burial vaults or other place for the recep- 
 tion or burial of dead bodies, or to bury or deposit in vaults 
 any dead body within a distance of half a mile of the Eidge- 
 wood reservoir, or any other reservoir or any other XDond used 
 for the supply of the City of Brooklyn with water. But 
 nothmg herein contained shall be construed to prevent buri- 
 als in any cemetery already established or grounds now held 
 by any religious corporation or society organized under the 
 laws of this State. 
 
 20. Any person or persons, their aiders and abettors, 
 w^ho shall wilfully divert or cause a diversion of the water, 
 or any portion thereof, or shall corrupt or render the w^ater 
 unpleasant or impure, or shall destroy or injure any canal, 
 aqueduct, conduit, reservoir, pipe, hydrant, fountain, gate, 
 machinery or other property, part, parcel or appurtenance of 
 the said works required or used for Iprocaring, securing or 
 distributing the water, shall severally forfeit to the said 
 department, for the use of the City of Brooklyn, to be re- 
 coverable in any proper form of action, treble the amount 
 of damages proved to have been occasioned thereby, with 
 treble costs of such action ; and all such acts are hereby 
 declared misdemeanors, and any person convicted of any 
 such act shall be further punished by a fine not exceeding 
 one thousand dollars, or by imprisonment not exceeding one 
 year, or both in the discretion of the court. 
 
 § 21. The said commissioner of city works shall, in the name 
 of the City of Brooklyn, cause to be prosecuted or defended 
 by the department of law all actions and proceedings at law 
 and in equity for money due for the use of water or for the 
 violation of any ordinance or regulation respecting the w'ater 
 works or water, or for the breach of any express or implied 
 contract relating to the construction, extension or mange- 
 men t of the water works or the distribution of water ; and 
 also for any injury or nuisance to the water-courses, ponds, 
 
Department of City Works. 216 
 
 Title XV. 
 
 canals, conduits, reservoirs, pipes, machinery, buildings, 
 fences, crossings, fixtures, or anything appurtenant to the 
 said water works, or for any improper use or waste of the 
 water within or beyond the City of Brooklyn. 
 
 § 22. The commissioner of city works shall, on the first 
 Tuesday of February in each year, make a written report 
 to the common council of the condition of the works under 
 his charge up to the first day of January preceding, accom- 
 panied by a statement of receipts and expenditures on account 
 of the same ; and shall, on or before the first Monday in May 
 in 6ach year report to the common council working plans for 
 the ensuing year under the several heads of repairs, purchase 
 and laying of mains and pipes and new work, with an esti- 
 mate of the quantity of work under each head of expenditure 
 which it shall be proposed to undertake, and of the costs of 
 each, and of the amount of salaries and contingencies to be 
 incurred, and exhibiting a total of the expenditures contem- 
 plated to be made during the ensuing twelve months from 
 the first day of May then next. The appropriations which the 
 common council shall make for the preservation and repair 
 of the works shall be applied to those objects alone for which 
 the appropriations shall be made, and the expenditure for 
 any object shall not exceed the appropriation therefor. 
 
 ^ 23. It shall be the duty of the standing water committee 
 of the common council to inspect the said water works thor- 
 oughly once in every year, and make a written rej^ort thereon 
 to the common council. 
 
 § 24. The lands which shall be occupied by or used for 
 the said works in Queens County, shall be taxed at the value 
 of the adjacent lands used for agricultural purposes, exclusive 
 of any improvements thereon, and all such improvements are 
 hereby declared to be exempt from taxation, except that in 
 the County of Queens, dwelling houses and machine or 
 pumping-houses upon such lands may be taxed in the same 
 manner as the lands of individuals. 
 
 § 25. The commissioner of city works shall have power,, 
 and it shall be his duty to devise and frame from time to 
 time a plan or plans for completing and perfecting the 
 
Title XV. 247 Department of City Works. 
 
 sewerage sj'stem of Brooklyn by the further extension of 
 existing sewers, and by pumping, or such other means as 
 may be deemed necessary or appropriate, to insure a more 
 perfect system of drainage, for the purpose of thoroughly 
 draining and carrying off the surface water and filth proper 
 to be carried off by sewers for the health and convenience of 
 the inhabitants of said city or to prevent an overflow from 
 any main or sub-main sewer heretofore constructed and com- 
 pleted in any sewer district of said city, under and according 
 to the general plan or plans for sewers herein provided for. 
 No plan shall provide for carrying out any sewer into or 
 under the East river or tide waters bounding said city 
 beyond the pier line estabUshed by law ; the plan shall show 
 the location and direction, size and slope of each drain and 
 sewer, whether mains or laterals, and its depth beiow the 
 surface and connections with other drains and sewers, and 
 such other particulars as may be necessary and proper for 
 the purpose of presenting a complete and entire plan of such 
 drainage and sew^erage ; fivd also an estimate or estimates of 
 the cost of each of the auxiliary or relief sewers, and when- 
 ever the plans of auxiliary or relief sewers aforesaid for any 
 one sewer district are completed, with an approximate esti- 
 mate of the cost of the improvement, such plans and esti- 
 mate of the costs thereof shall be submitted for approval to 
 the common council. The commissioner of city works shall 
 have access, for all his purposes, to all maps, surveys and 
 documents in the public offices of said city ; he shall appoint 
 one general superintendent ; the said superintendent shall 
 apportion all sewer assessments hereinafter mentioned, and 
 perform and execute such other duties under this act as the 
 said commissioner may aelegate to him, in the same manner 
 and with the same effect as if performed and executed by the 
 saia commissioner. Jurisdiction and control over all streets 
 and avenues in the City of Brooklyn is hereby granted to 
 said commissioner for the purpose of executing the duties 
 imposed on him by this title. The plans aforesaid shall in- 
 clude storm or overflow sewers at such points as the com- 
 missioner of city works shall deem necessary, and may pro- 
 vide for the connection of one sewer district or portion 
 thereof with another sewer district. 
 
Department of City Works. 248 
 
 Title XV. 
 
 § 26. Whenever the said commissioner has prepared the 
 said plan or plans of drainage and sewerage, in whole or in 
 part (exceptiDg those of said auxihary or relief sewers) he 
 shall cause public notice to be given in the corporation news- 
 papers published in the City of Brooklyn that such plan has 
 been filed in his office for inspection, and that he will attend 
 at a time and place in said city to be specified in said notice, 
 not less than twenty days after the first publication of such 
 notice, w^hen he will receive the view^s and suggestions and 
 objections of any parties interested in the drainage and 
 sewerage of said city : the said commissioner shall hear such 
 parties at the time and place so specified, or at any ad- 
 journed meeting then and there proclaimed, and shall there- 
 upon amend and correct the same as he may deem proper, 
 and file a cop}' thereof, as amended and corrected, and duly 
 certified by him, in the department of city works, and in the 
 office of the register of the County of Kings, whereupon 
 the plan, or any part thereof therein set forth, shall form a 
 part of the permanent plan of sewerage of the Cit}' of 
 Brooklyn. 
 
 4f 27. If the said common council shall by resolution of a 
 majority of its members api^rove any plan or plans submitted 
 to it for the more perfect delivery of sewage and surface 
 water by auxiliary or relief sewers as aforesaid from and 
 through existing sewers as aforesaid, it shall thereupon 
 become the duty of the commissioner of city works to pro- 
 ceed and construct the sewer or sewers, as the case may be, 
 according to the plan or plans so approved. Providing, 
 however, that the said common council moy, in manner 
 aforesaid, upon the recommendation of the commissioner of 
 the said department, from time to time, amend, or modify any 
 plan or plans so approved by it. 
 
 § 28. All work contemplated to be done by any plan of 
 auxiliary or relief sewers approved as aforesaid, shall be done 
 by contract, to be let in the manner hereinafter prescribed, 
 but the same may be let in one or more contracts as to the 
 said commissioner may seem meet and for the best interests 
 of said city. The terms and conditions of such contracts 
 shall be fixed in specifications to be prepared by the said 
 
Title XV. 
 
 249 Department of City Works. 
 
 commissioner and filed in his department before proposals 
 for the work are invited. The specifications shall require 
 adequate security to be given for the performance of the 
 contract. The said commissioner shall advertise in the cor- 
 poration newspapers for ten days for proposals to perform 
 the work in accordance with the specifications. Before so 
 advertising, he shall fix an amount to be paid to said city as 
 liquidated damages by the bidder in case he shall fail to 
 execute the contract within the time limited by the specifica- 
 tions, if it shall be awarded to him. Each proposal must 
 be accompanied by a certified check on a solvent banking 
 incorporation in said city in the amount so fixed, and drawn 
 to the order of the comptroller thereof. The check so de- 
 posited, shall be returned to the unsuccessful bidders, and 
 the check deposited by the successful bidder shall be re- 
 turned to him upon his executing the contract and furn- 
 ishing the security required by the specifications. But if 
 the bidder to whom the contract shall be awarded shall 
 neglect or fail to execute the same within the time limited 
 by the specifications, or within the same time, to furnish the 
 security for the execution of the contract thereby required, 
 the check deposited by him and the amount thereof shall be 
 forfeited to said city and retained by it to its own use as 
 liquidated damages for such neglect or failure. The said 
 commissioner may reject any and all bids offered in pursu- 
 ance of any advertisement therefor made by him, and re- 
 advertise for new bids under the same or other specifications, 
 imtil a contract for the work covered by the specifications 
 shall be actually made and entered into by him in behalf of 
 said city. 
 
 § 29. The expenses attending the construction of drains 
 and sewers, except such auxiliary or relief sewers as afore- 
 said, shall be borne as follows, that is to say: The amount 
 of so much of the expense of constructing any main drain or 
 sewer, as shall, in the judgment of the said commissioner of 
 city works, exceed the cost of a proper lateral drain or sewer 
 for the street in which such main drain or sewer shall be 
 laid, shall be assessed upon the owners of lands other than 
 those fronting on such streets or avenues as shall be drained 
 
Department of City Works. 2^0 
 
 Title XV. 
 
 by or discbarg:e tlieir waters through any lateral sewer iuto 
 such main rlrain or sewer, in proportion to the benefit de- 
 rived by such owners resj^ectively by such main drain or 
 sewer, not exceeding any actual benefit denved therefrom by 
 them respectively ; the balance of such expenses for the con- 
 struction of any main drain or sewer, and the expenses of 
 constructing any lateral drain or sewer, shall be assessed by 
 the said commissioner of city works upon the owners of lots 
 fronting on the streets and avenues through which such 
 sewer shall be laid, in proportion to the benefit derived by 
 them respectively, not exceeding the actual benefit derived 
 therefrom by them respectivelj\ 
 
 § 30. The said commissioner shall cause assessments for 
 the expenses as aforesaid of each sewer constructed by bim, 
 the expense of which is required to be defrayed by assess- 
 ment, to be made out in proper form, with diagrams showing 
 the property" assessed, and the names of the owners thereof, 
 and when such assessment is made, publish a notice in the 
 corporation newspapers tbat the same has been completed, 
 and of a place in said cit} where the same may be examined, 
 and of a time not less than ten days thereafter, when, and of 
 a place in said city where he will attend to hear objections 
 thereto : he shall then and there hear parties objecting, and 
 shall thereupon proceed to amend and correct such assess- 
 ment as he may deem proper : he shall then certify the same 
 to be complete, and send the same so certified to the common 
 counc:l of said city, and thereupon such assessments shall be 
 deemed to be a local assessment within the operation of this 
 act, and the assessment therein made shall become a lien upon 
 the lands so assessed, and the owners of the lands so assessed 
 shall be liable to pay such assessments, and the common 
 council shall issue to the collector of taxes and assessments, a 
 warrant for the collection thereof, and all the provisions of 
 this act in respect to the enforcement of the lien of assess- 
 ments for local improvements, and the collection of such 
 assessments shall apply to and govern all assessments made 
 pursuant to this section. Whenever in any case it shall be 
 found necessary to maintain a pump or ]3umps for the pur- 
 pose of raising sewerage a sum sufficient to cover the expense 
 
Title XV. 
 
 251 Department of City Works. 
 
 thereof shall be levied in the annual tax levy upon the sewer 
 district benefited thereby. To meet such cash outlay in the 
 construction of sewers (in anticipation of the collection of 
 assessments) as the said commissioner of city wo;ks may deem 
 necessary, the mayor, comptroller and city clerk of the said 
 city, shall, on the requisition of said commissioner of city 
 works, and from time to time as so required, borrow such 
 sums, not to exceed two millions of dollars outstanding at 
 any one time, upon the bonds of the said city, which they are 
 hereby authorized to issue for that purpose, bearing interest 
 not to excef d four per centum per annum, and payable in not 
 more than threa years from their respective dates. The pro- 
 ceeds of sucli bonds shall be paid to the city treasurer. 
 
 § 31. To meet the cost of the construction of the auxiliary 
 sewers referred to in section twenty-flve of this title, the 
 mayor, comptroller and city clerk of said city shall on the 
 requisition of the commissioner of city works and from time 
 to time as so required, boiTOw the necessary sum or sums of 
 money, not to exceed in the aggregate the sum of two million 
 dollars, upon the bonds of said city, which are hereby 
 authorized to issue for that purpose, bearing interest at a 
 rate not to exceed four per centum jDer annum. The said 
 bonds shall not be sold for less than par, and shall be issued 
 in such series and for such periods as the comptroller and 
 mayor shall determine. The proceeds of said bonds shall be 
 paid into the city treasury to the credit of the fund to be 
 denominated "main sewer relief and extension fund," and 
 shall be paid therefrom upon proper vouchers in the 
 usual manner as may be required for said purpose. To meet the 
 payment at maturity of any bonds issued prior to the first day 
 of April, eighteen hundred and tight3'-nine, for the construc- 
 tion of auxiliary sewers, there shall be placed annually in the 
 tax levy of the City of Brojklyn such sum of money as the 
 mayor and comptroller of said city shall certify to the " board 
 of estimate of the County of Kings and the City of Brooklyn,"^ 
 to be necessary for such purpose ; the money so levied when 
 collected shall be paid into tne sinking fund of the said city 
 for the purpose of redeeming the bonds so issued. In case 
 any moneys for the construction of auxiliary sewers shall be 
 
Department of City Works. 252 
 
 Title XV. 
 
 required beyond the amount of bonds authorized by this 
 section to be issued, the said board of estimate is hereby 
 authorized from year to year to fix and determine what sums 
 of money ought to be spent in the following year for the con- 
 struction of said sewers, and the sums so fixed and determined 
 shall be included in the tax levies of said city. 
 Chap. 379, Laws of 1894. 
 
 (See Chap. 354, Laws of 1889 and Chap. 169, Laws of 
 1888.) 
 
 § 32. In case the said commissioner of city works shall, in 
 devising and framing a plan or plans of sewerage and drain- 
 ing, find it necessary to construct a sewer or drain through 
 any part of any street or avenue not opened by law, and such 
 sewer or drain cannot be constructed so as to properly drain 
 any portion of said city without carrying the same through 
 any part of said street or avenue not opened as a public 
 street or avenue, it shall be lawful for said commissioner to 
 present a petition to the supreme court, at a general or 
 special term thereof, held in the City of Brooklyn, for 
 the appointment of commissioners to proceed to open said 
 streets or avenues in the manner provided by law for 
 opening streets and avenues, by petition to the common 
 council of said city, and the said court, upon such apphca- 
 tion, shall be authorized to appoint such commissioners ; ten 
 days' notice of such application shall be pubHshed in the 
 newspapers employed by the common council of the city of 
 Brooklyn for the publication of ordinances and notices, stat- 
 ing the time and place when such petition will be presented 
 to the court : all parties in interest may be heard before 
 said court, and if said court shall make an order for the ap- 
 pointment of such commissioners, then all the laws in rela- 
 tion to opening streets and avenues in said city, the award- 
 ing of damages, making assessments a lien and fixing 
 districts of assessments, and collecting such assessments, 
 eball be applicable thereto, in the same manner as if such 
 street or avenue had been opened on petition to the common 
 council of said city. 
 
 § 33. In case any plan or i^lans approved pursuant to the 
 provisions of section twenty -five of this title shall contem- 
 
Title XV. 
 
 253 Department of City Works. 
 
 plate the construction of any sewer or sewers or parts 
 thereof, through, over or across private property, the City of 
 Brooklyn is hereby authorized to acquire the land necessary 
 for that purpose or an easement therein by the proceedings 
 hereinafter prescribed, namely: The commissioner of the 
 said department of city works shall first cause a map to be 
 prepared, showdng the land necessary to be taken for the 
 purpose aforesaid, and shall thereon designate whether the 
 fee of said land is to be taken or an easement therein, and 
 shall file the same in his department, and a duplicate there- 
 of in the office of the register of the County of Kings. The 
 corporation counsel of said city shall thereupon make appli- 
 cation in the name of the City of Brooklyn to the supreme 
 court at any special term thereof held in the second judicial 
 department, for the appointment of commissioners of ap- 
 praisal. Before making such application the said corpora- 
 tion counsel shall give notice of his intention so to do by the 
 publication thereof in the corporation newspapers of said 
 city. Such notice shall specify the time and place when and 
 where the application will be made, shall briefly state the 
 object of the application, and shall be published in each 
 issue of said papers (Sundays and legal holidays excepted) 
 for at least ten days next preceding the date of the applica- 
 tion. At the time and place mentioned in said notice, or at 
 the time and place to which the same may be adjourned, the 
 court, upon proof by affidavits to its satisfaction of the publi- 
 cation of the notice as aforesaid, shall make an order ap- 
 pointing three disinterested and competent freeholders as 
 commissioners to ascertain and appraise the compensation to 
 be made to the owner or owners and all persons interested 
 in the real estate shown upon the map fil^ d as hereinbefore 
 required, and shall fix a time and place for the first meeting 
 of the commissioners. The order shall also prescribe as to 
 whether the compensation so to be ascertained, is for the fee 
 of the land or only for an easement therein. The said court 
 may also appoint another or others to act in the place of any 
 one or more of such commissioners who may die, decline or 
 neglect to serve, or who may from any cause be or become dis- 
 abled or incompetent to serve. And the said court may ap- 
 point guardians for infants and incompetent persons in the 
 
Department of City Works. 254 Title XV. 
 
 nature of guardians ad litem, to repressnt tliem and to 
 protect their interests, and to prosecute appeals, who 
 shall be entitled to receive such reasonable compensa- 
 tion as the court shall allow. The said commissioners 
 shall be sworn before a justice of the supreme court 
 or a judge of the city court of Brooklyn, faithfully" and im- 
 partially to perform the duties devolved upon them by virtue 
 of said appointment, and shall proceed with all reasonable 
 diligence to make the appraisement aforesaid, and for that 
 purjDose they shall have power to enter upon the premises 
 affected, to hear the allegations and proofs of the parties in- 
 terested, at such times and places as they may appoint, and 
 to continue such hearing from time to time as they may 
 deem proper. Any one of their number may administer an 
 oath to the witnesses who may appear before them, and they 
 shall make a report to the supreme court, signed by them or a 
 majority of them, of the proceedings before them with the 
 minutes of the testimony taken before them, if any. The 
 said report shall contain descriptions of the several parcels of 
 land affected, the names of the persons interested therein, so 
 far as the same are known to the commissioners, and a state- 
 ment of the sum estimated and determined by them as a just 
 and equitable compensation, to be made by the city to the 
 owners or persons interested in each parcel so taken or 
 affected. When the said report is completed, the said com- 
 missioners shall file the same in the office of the clt i k of the 
 County of Kings. The said corporation counsel nia.j, after 
 the tiling of the said report, give notice that the same will 
 be presented for confirmation to the supreme court, at a 
 special term thereof, to be held in the second judicial de- 
 partment, at a time and place to be specified in the notice : 
 the notice shall also contain a statement of the time and 
 place of filing the report, and shall be published in the cor- 
 poration newspapers of said city for at least ten days next 
 preceding the date of the presentation of the report for con- 
 firmation. At the time mentioned in said notice, or at the 
 time to which the hearing tnereunder may be adjourned, the 
 court shall confirm the said report, and the said report shall 
 be final and conclusive, as well upon the City of Brooklyn as 
 upon the owners and other parties interested in said real 
 
Title XV. 2 )5 Department of City Works. 
 
 estate, unless an appeal shall be taken therefrom as herein - 
 alter provided. The corporation counsel of said city may, 
 however, discontinue the proceedings at any time before 
 the report shall be confirmed. The City of Brooklyn 
 shall, within thirty days after the confirmatioa of the 
 said report, pay to tlie persons mentioned in said report, 
 in whose favor any sums of mone}' have been awarded by the 
 said commissioners, the sums aw^arded to them respectively, 
 unless the persons entitled to such sums shall be unknown or 
 uncertain or absent from the City of Brookljm, or cannot be 
 found, or infants, or of unsound mind, in which cases the 
 court may order the sums awarded to be deposited in court, 
 or in a trust company, to the credit of the proceedings, to be 
 drawn out and paid to the parties interested, only upon the 
 order of the court, and may prescribe the manner in which 
 the parties interested shall be ascertained, upon application 
 to it by any person claiming- the moneys so deposited. 
 Upon the payment or deposit, as aforesaid, of the sums 
 awarded, the City of Brooklyn may enter upon, use and 
 occup3^ the lands mentioned and described in the said report. 
 Within twent}" days after the confirmation of the report of 
 the commissioners, as hereinbefore provided, either party 
 may appeal therefrom, and from the appraisal of the 
 commissioners to the supreme court, by notice in writing 
 to the other party, specifying the grounds of the appeal. 
 Such appeal shall be heard on due notice thereof being- 
 given, according to the rules and practice of the court, either 
 at a general or special term thereof, to be held in the second 
 judical department, as the ai^i^ellant in and by this notice of 
 appeal shall elect. On the hearing of such appeal the court 
 may direct a new appraisal and determination of any ques- 
 tion passed upon by the same or new commissioners. From 
 any determination of the special term, an appeal may be 
 taken by either party to the general term of the same court. 
 In the case of a new appraisal, the second report shall be 
 final and conclusive upon all parties and persons interested. 
 If the amount of compensation to be made by the said city 
 is increased by the second report, the dijBference shall be paid 
 by the said city to the persons entitled thereto, and if the 
 amount of such compensation is diminished thereby, judg- 
 
Department of City Works. 256 Title XV. 
 
 ment for the difference in favor of the said city, must be 
 rendered by the court upon the presentation of the report 
 for the confirmation, against the persons liable to pay the 
 same. The commissioners appointed aforesaid, shall be 
 allowed five dollars each for each and every day actually 
 and necessarily employed about their duties. The sum 
 awarded for any real estate or easement therein, taken 
 pursuant to this section, and the expenses of the proceedings, 
 shall be deemed to be and be taken as a part of the cost of 
 the construction of the sewer or sewers, according to the plan 
 or plans approved pursuant to said section. 
 
 ? 34. In case it shall become necessary, in the construction 
 of any sewer according to any plan adopted as aforesaid, to 
 acquire an easement for that purpose in any lands under 
 water below high-water mark on the Brooklyn shore of the 
 East river or bay of New York, in which any person has a 
 private interest or ownership, the City of Brooklyn may ac- 
 quire such easement in tbe manner and by the proceedings 
 prescribed in and by this title, and the awards therefor shall 
 be paid as provided in said title. 
 
 ? 35. Any overflow se we wrs* which may be deemed necessary 
 for the relief of any main sewers now constructed in said 
 city, may be discharged into the waters adjacent to said city, 
 or into the Gowanus canal, or any other canal or inlet in said 
 city, at such points as in its judgment may be most con- 
 venient. 
 
 § 36. It shall be the duty of the City of Brooklyn to kee}) 
 any canal free from any obstructions that may be occasioned 
 by the reason of the emptying of said overflow sewers into 
 it, and for that purpose the department of city works of said 
 city is authorized and directed to dredge the same from time 
 to time. 
 
 § 37. The current cost of altering, repairing and cleaning 
 sewers, and all incidental expenses of management shall be 
 estimated by the said commissioner and be annually in- 
 cluded in the amount to be raised by annual tax. 
 
 ^ 38. The said commissioner of city works may take pro- 
 ceedings to acquire land and interest therein for the con- 
 * So in original. 
 
Title XV. 
 
 257 Department of City Works. 
 
 struction and maintenance of sewers, Avhere such sewer is 
 proposed to run through lands which are not x^art of a 
 public street or place in the manner prescribed for the ac- 
 quisition of lands by the foregoing sections of this title. The 
 costs and expenses incident thereto shall be assessed as a 
 part of the cost of constructing sewer.^, and upon such part 
 of a sewer district as the said commissioner of city works may 
 designate as benefited thereby. 
 
 ?* 39. The said commissioner shall'proceed to lay out as 
 many additional sewer districts as may be required in view 
 of the effectual drainage of said city ; each of said districts 
 to consist of a main or principal sewer, having its outlet in 
 the river or bay, or other proper place or outlet, and a fall, 
 branches of such main sewer and the collateral or inferior 
 sewer running into such main or principal sewer ; and the 
 said districts shall each be so arranged as to be independent 
 of each other as far as may be practicable : and when such 
 districts are arranged, notice of the same shall be advertised 
 for the correction and review, as provided in this title. 
 After such districts shall have been finally arranged and ap- 
 proved, and the plans thereof duly filed in the manner provided 
 in section twenty-six of this title, the said commissioner of 
 city works may proceed after the lapse of sixty days, by and 
 with the consent of the common council, to construct any 
 pari of the work required to be done in such sewer district. 
 During the sixty days after the filing of such plan, as re- 
 quired by this title, the mayor of said city, upon the appli- 
 cation of a majority of the owners of lands within such sewer 
 district, may prohibit the said commissioner of city works 
 from proceeding with the construction of the whole or any 
 part of the sewers in such sewer district : and thereupon all 
 power on the part of said commissioner of city works to pro- 
 ceed with the construction of the sewer or sewers specified in 
 such prohibition shall cease and determine until such pro- 
 hibition shall be withdrawn. 
 
 § 40.» Mistakes in any assessment list for sewers, and sub- 
 sequent proceedings thereon, in the designation of any land 
 or owner thereon assessed, shall not vitiate the assessment, 
 prorided the said commissioner of city works, before the 
 
Department of Buildings. 258 
 
 Title XV; 
 
 proceeding for a sale to collect such assessment, shall, on a 
 notice of ten days, serve* upon or at the residence or place of 
 business of the owner or legal representative, and published 
 daily in the corporation newspapers of said city, correct such 
 mistakes, and he is hereby authorized, upon such notice, to 
 make such correction ; and wheri) any assessment is void for 
 any defect or irregularity, the owner and property affected 
 may be re-assessed for such improvement, in tne mode and 
 with tbe effect pre'cribed for the original assessment author- 
 ized for the construction of sewers. 
 
 § 41. The said commissioner of city works shall use and 
 refer to the ward maps kept in the department of assessment, 
 for the description of lands to be assessed for tbe cost of 
 making any sewer; and it shall be a sufficient description of 
 any lands in the proceedings for any assessment to give the 
 name or number of the ward and the number of the lot so 
 assessed as appearing upon the ward map, together with the 
 name of the street or avenue upon which it is situated, and 
 also the street number where known, and stating also upon 
 Avhich side of the street such lot is and the names of the 
 next adjoining streets, avenues or places which intersect the 
 street upon which said lot is situated and form the block. 
 Before any assessment laid for the construction of sewers 
 shall be finally certified by the said commissioner of city 
 works to the common council to be complete, he shall care- 
 fully examine, correct and perfect the same, and no other 
 certificate shall be necessary to authorize the common coun- 
 cil to issue a warrant for the collection of the assessments. 
 All legal proceedings authorized or required by this title 
 shall be conducted by or under the direction of the depart- 
 ment of law, and no compensation shall be paid therefor to 
 any officer of said department. 
 
 § 42. The said commissioner may prescribe regulations for 
 the use of the said sewers, may license persons to open the 
 same, and may prescribe a fee for opening and making a con- 
 nectiim with any sewer, to be paid to the said commissioner, 
 and by him to be paid to the treasurer of the said city. 
 
 *So in origiual. 
 
Title XV. 
 
 259 Department of City Works. 
 
 § 43. All provisions of law creating civil and criminal lia- 
 bilities for wrongs and injuries done to the Brooklyn water 
 works and providing remedies for the redress thereof, and 
 the prosecution and punishment of persons committing the 
 same shall apply in like manner and extent to wrongs and 
 and injuries done to sewers in the said city. 
 
 § 44. AVhenever it shall become necessary to construct a 
 sewer or drain in any street or avenue for the purpose of pre- 
 venting damage to property or to abate a nuisance, and it 
 shall have become impracticable to proceed immediately to the 
 construction of the same in accordance with any plan already 
 adopted by the commissioner of the department of city works, 
 for the drainage district in which such streets are situated, 
 by reason of any street therein not having been graded, 
 thereupon at the request of the common council of said city, 
 the s:iid commissioner shall have power to construct a tem- 
 porary sewer or drain in such manner as to avoid such 
 damage or abate such nuisance ; and the cost of said tempo- 
 rary sewer or drain shall be assessed upon the property 
 draining into the same and benefited thereby. The assess- 
 ment for such temporary sewers shall be imposed, levied and 
 collected in the manner provided in this act for the assess- 
 ment and collection of assessm. nts for the construction of 
 sewers. 
 
 ? 45. Permits for the construction of sewers in the streets 
 or avenues of said city by private property owners shall only 
 be granted upon the parties proposing to construct such 
 ^ sewer first tiling with the commissioner of city works of the 
 City of Brooklyn, plans and specifications of such proposed 
 sewer, to conform to the general plan for the c onstruction of 
 public sewers in said cit}^ on file in the department of city 
 works, and a duplicate copy of the contract for the construc- 
 tion of such sewer, showing the cost of the construction thereof, 
 to be approved by the commissioner of city works of the City 
 of Brooklyn ; together with a satisfactory guarantee to said 
 commissioner for the payment of the necessary expense of 
 the said department cf city works, in the supervision of the 
 construction of said sewer. And upon approval of such plans, 
 specifications and contracts, the said commissioner of city; 
 
Department of City Works. 2Gu 
 
 Title XV. 
 
 works of tbe City of Brooklyn shall issue his permit for the 
 construction of such proposed sewer and shall proceed to ap- 
 portion the cost of the construction of said sewer according 
 to actual bent>fit between the several parcels of property abut- 
 imfs; on each side of that part of the street or avenue throuf^h 
 which said sewer shall be constructed, and the said commis- 
 sioner of city works of the City of Brooklyn shall only grant 
 permits for connection with said sewer, to be constructed as 
 aforesaid, to such owners or occupants of the property abut- 
 ting on that part of such street or avenu« through which said 
 sewer shall be constructed as shall produce to said commis 
 sioner of city works satisfactory proof of the payment by him 
 or them to the parties who constructed and paid for such 
 sewer, of the amount of the proportionate i)ait of the cost of 
 the construction of said sewer apportioned as aforesaid to 
 the property sougljt to be connectt'd with said sewer, and no 
 permit shall be is-<ue<l for, nor shall any connection be al- 
 lowed with said sewer, nor with any sewer heretofore con- 
 structed bv tliH owners of the abuttiii«i: proportv by private 
 contract from any abutting' propertv until tli^ jn-oportionate 
 pnrt of tbe expense of tlie construction of such sewer shall 
 have been paid to the parties entitled thereto by the 
 owners of such abutting property, and satisfactory proof 
 thereof made to said commissicmer of the department of city 
 works of the City of Brooklyn. And w^iien constructed, ex- 
 cept for the purpose of supervision, maintenance and use by 
 tbe City of Brooklyn in connection with its public sewer sys- 
 tem, said sewer shall be deeiued the private property of the 
 persons who shall have paid for its construction until the 
 owners of all the propertv abutting on that part of the street 
 or avenue in w^hich said sewer shnll be lai-i, shall have paid 
 their sevf-rHl shares of the cost of the construction of said 
 sewer, but when the samH shall have been fully paid for b}' 
 all the owners of abutting property, then the same shall be 
 the property of tlie City of Brooklyn, and deemed to have 
 beei fully dedicated to said city. 
 
 § 46. Whenever it shall become nec«.ssary to raise the 
 grade of any street or stieets for tlie proj^er sewerage of the 
 sewer district in which said street ur streets, or parts of 
 
Title XV. 
 
 261 Department of City Works. 
 
 streets are situated, the said commissioner is hereby author- 
 ized and empowered to re-grade and re-pave said streets or 
 parts of streets so far as shall be necessary for the proper 
 drainage thereof, and the expense of such re-grading and 
 paving shall be chargeable and included in the assessment 
 laid for the sewering of said district for the construction of 
 the sewer thereof. 
 
 § 47. The board of estimate for the County of Kings and 
 City of Brooklyn shall, in the year preceding the expiration 
 of any existing contract for cleaning the streets of the City 
 of Brooklyn, and every three years thereafter, estimate the 
 amounts required to be expended each year during the next 
 succeeding three years, commencing on the first day of April, 
 after such estimate, for the purpose of cleaning the streets, 
 avenues, alleys and public places of the City of Brooklyn, 
 and renjoving ashes therefrom, and shall present the same 
 with their annual report to the common council of said city. 
 Upon the expiration of any existing contract for cleaning the 
 streets of said city, and every tliree years thereafter, the 
 commissioner of city works of said city is hereby authorized 
 to make a contract in the manner hereinafter provided, and 
 in the name of the City of Brooklyn, with some responsible 
 person or persons for cleaning the streets, avenues, alleys 
 and public places of said city, and removing ashes therefrom 
 during the three years next succeeding the date of the ex- 
 piration of the preceding contract ; provided, however, that 
 the contract so made shall not involve an expenditure during 
 any year in excess of the amount estimated as aforesaid, as re- 
 quired to be expended for the purposes aforesaid during that 
 year. The terras and conditions of the contracts authorized 
 to be made by this section shall be fixed in specifications to 
 be prepared under the supervision of the commissioner of 
 city works, which specifications shall be printed and filed in 
 said department before proposals are invited. The specificar 
 tions shall require adequate security to be given for the per- 
 formance of the contract. The said commissioner of city 
 works shall advertise in the said corporation newspapers for 
 ten days, for proposals to perform the work in accordance 
 with the specifications ; each proposal must be accompanied 
 
Department of City Works. 262 Title XV. 
 
 by a certified clieck on a solvent banking incorporation in the 
 .city, payable to the order of the comptroll'^r, for the sum of 
 ten thousand dollars From the proposals so received, the 
 said commissioner shall select the lowest bid, provided 
 adequate security be tendered and given for the efficient and 
 proper performance of the contract, and if adequate security 
 shall not be tendered and given, as aforesaid, then said com- 
 missioner shall select the bid of the lowest bidder who 
 tenders and gives adequate security for the performance of 
 the contract : or if, in his judgment, the acceptance of either 
 proposal woul 1 not be in tbo interest of the city, then he 
 shall reject tliem all. On the accept^ince of any bid by the 
 commissioner, the checks of the unaccepted bidders shall be 
 returned to them, and upon the approval of the proposal of 
 the accepted bidder as to form and sureties as herein pro- 
 vided, an I within sixty daj's after he shall have entered upon 
 the perf(;rmance of his contract, thn check of the accepted 
 bidder shall be returned to him. The sureties upon all such 
 contracts siiall l)e approved by the Cv)mptr()ller, and all such 
 contracts and bonds securing the same shidl be approved as 
 to form l)y the corporation counsel. The administration of 
 the contract shall be under the direction and supervision of 
 the commissioner of city works. Whenever a sworn petition, 
 signed by fifteen or more taxpayers of said city, shall be 
 fil-^d in the department of city works, alleging that any con- 
 tractor has failnd in the performaiice ot any of the require- 
 ments of contract upon his part to be kept and performed, 
 and also alleging in what particulirs he ha.s so fail -<], the 
 commissioner of city works fslinll investigate the charges 
 contained in said petition, and if, after hearing any contrac- 
 tor, he shall find that the contractor has failed to perform 
 his contract in any of the particulars specified, he may, with 
 the consent of the mayor, terminate the contract, and the 
 finding of the commissioner of city works in that behalf 
 after the confirmation thereof by the mayor, shall be final 
 and conclusive, and the said commissioner shall proceed to 
 make another contract for the unexpired term of the contract 
 so terminated, and the contractor and his sureties shall re- 
 main liable to the sai I city for the damages it sustains by 
 reason of his failui-e to perfortn the requirements of the con- 
 
Title XV. 
 
 263 Department of City Works. 
 
 tract so terminated. The commissioner of the department of 
 city works shaU have powier to cause the streets, avenues, alleys 
 and public places of said city to be cleaned, and the ashes to 
 be removed therefrom during such times as a contract for 
 the performance of such work is not in force, and the expense 
 of the work shall be paid out of the funds raised for the 
 purpose aforesaid. 
 
 Chap. 314, Laws of 1894. 
 
 See Ch. 247, Laws o i 1891. 
 
 § 48. The expense of repairing the streets of said city 
 shall be a j^^eneral city charge ; and the commissioner of city 
 works shall have exclusive power in relation to the repairing 
 of streets, but in no one year shall such expense exceed the 
 amount raised for that purpose in the general tax levy. 
 (See Ch. 371, Laws of 1889.) 
 
 § 49. Whenever the said commissioner of city works shall 
 deem it necessary to alter or change the plan- of drainage 
 and sewerage in any district where the same has been estab- 
 lished as the permanent plan of sewerage in such district, it 
 shall be lawful for the said commissioner to prepare a plan 
 of such proposed alteration and change, and proceed in rela- 
 tion thereto in the same manner as provided by law for the 
 establishment of the original plan, and, when established, 
 file copies of such altered plan in the department of city 
 works of said city, and in the office of the register of the 
 County of Kings, and thereupon such alteration shall be 
 established as a part of the permanent plan of sewerage of 
 the city. 
 
 § 50. The said board of estimate shall each year include in 
 their estimate of the amount required to be raised for city 
 purposes the amount necessary to meet during the year any 
 existing contract for the cleaning of streets, and also the 
 proper proportionate amount of the sums estimated as re- 
 quired to be expended under the provisions of section forty- 
 six of this title, and also such an amount as they may deem 
 necessary and proper for the purpose of repairing and also 
 improving the condition of the streets and avenues of the 
 city by repaving the same, and the amount included in the 
 
Department of City Works. 264 
 
 Title XV. 
 
 annual tax levy of the city for the purpose of repaying shall 
 be expended by the commissioner of city works, with the 
 consent and approval of the mayor, in repaving any street or 
 avenue of the city, or portion thereof, with granite blocks or 
 Belgian pavement; provided, however, that no street or 
 avenue over or through which a raih*oad is operated shall be 
 80 repaved imless the owner or owners of the franchise of 
 such railroad shall first contribute a just and reasonable 
 proportion of the expense thereof, to be determined by the 
 commissioner of city works. 
 
 ^ 51. The exercise of the. powers vested in the commis- 
 sioner of city works shall be under the direction and control 
 of the common council; provided, however, that after a 
 contract for an improvement has been entered into by the 
 said commissioner, the execution of the work shall be under 
 the sole control of the said commissioner, and nothing here- 
 in contained shall be construed as conferring on the common 
 council any of the executive powers vested by law in the said 
 commissioner, concerning the details of carrying on any 
 improvement. 
 
I 
 
TITLE XVI. 
 
 DEPARTMENT OF PARKS. 
 
 Section 1. The terms of office of the present commissioners 
 of the department of parks shall cease and terminate upon 
 the appointment and qualification of the commissioner as 
 hereinafter provided. The head of the department of parks 
 shall be the commissioner of parks. His salary shall be five 
 thousand dollars a year. The mayor shall forthwith appoint 
 a commissioner of parks who shall hold office until tue first 
 day of February, eighteen hundred and ninety-four, and 
 during the thirty days next preceding the expiration of the 
 term of said commissioner the mayor shall appoint the suc- 
 cessor of said commissioner, and every two years thereafter, 
 during the month of January, the mayor shall appoint a com- 
 missioner of parks, and the term of office of each commis- 
 sioner so successively appointed shall be for two years from 
 the first day of February next succeeding his appointn ent. 
 Whenever a vacancy shall occur in the said office, the mayor 
 shall fill such vacancy, but only for the unexpired term. All 
 the provisions of this title shall apply to the commissioner of 
 parks, and all the rights, powers and duties vested in and 
 charged upon the department of parks, the commissioner of 
 parks or park commissioners, or the president of the depart- 
 ment of parks, by this title or by any statute or ordinance, 
 are hereby vested in and charged upon the said commissioner 
 of parks. The said commissioner shall have power to ap- 
 point a deputy commissioner of parks and to fix his salary. 
 The salary of the commissioner of parks first appointed pur- 
 suant to the provisions of this section, and the salar}^ of 
 the deputy appointed by him shall, if there be no other 
 fund available, be paid out of the revenue fund of the City 
 of Brooklyn until such time as provision can be made for 
 the same in the annual tax levy. 
 
 Chap. 49, Laws of 1892. 
 
 (See Chap. 341, Laws of 1889.) 
 
 §■2. The said department of parks shall have the exclusive 
 government, management and control, subject, however, to 
 
Department of Parks. 266 
 
 Title XVL 
 
 the laws of the State and to the powers of the common 
 council in relation thereto, of all the parks, squares, park- 
 ways and public places in'^the city : and full and exclusive 
 power to govern and manage the Ocean parkway from the 
 circle at the southwesterly angle of Prospect park to the 
 ocean, and direct the public use thereof, as also the circle 
 and concourse at either terminus, and of such parts of the 
 several roads, streets or avenues as run through or intersect 
 the same, and to pass and enforce laws and ordinances for 
 the proper use, regulation and government thereof, and for 
 all the purposes of such government, management and direc- 
 tion of public use, such parts of said roads or avenues as 
 pass through or intersect said circles, shall be deemed to be 
 a part of Prospect park, and it shall be under like control 
 and management as said parkway, and the maintenance of 
 said Ocean parkway and concourse shall be a charge upon 
 the City of Brooklyn. And the said department of parks 
 shall have, subject to the limitation aforesaid, full and ex- 
 clusive power : 
 
 1. To lay out, regulate, improve and maintain the public 
 parks of said city, and Ocean parkway and the concourse 
 aforesaid, and to govern, manage and direct the same and 
 the public use thereof. 
 
 2. To make ordinances, rules and regulations for their, 
 proper management and government. 
 
 3. To appoint such engineers, surveyors, clerks and other 
 oflflcers and such police force as they may deem expedient, 
 and to prescribe and define their respective duties and 
 authority ; and to fix and regulate tne compensation to be 
 paid to the several persons so to be emyloyed by them. 
 
 4. To locate, erect and maintain fountains on the said 
 parks, or either of them, as well as upon the streets and 
 avenues which form the boundaries thereof or intersect the 
 same ; to erect and maintain iron and other fences around 
 the said parks ; to flag and reflag the sidewalks of said 
 streets, roads or avenues on the side which is adjacent to the 
 said parks ; to increase the width thereof, and to set and re- 
 set curb and gutter stones, shade trees and lamp posts 
 thereon. 
 
Title XVI. 267 Department of Parks. 
 
 5. To determine the particular location of any railroad 
 track which is now or may be hereafter placed upon such 
 road, street or avenue. 
 
 6. To seize and impound any cattle, sheep, swine, goats, 
 horses, geese or other animals found running at large upon 
 any of the public parks of the City of Brooklyn ; to impose a 
 penalty not exceeding five dollars, with reasonable expenses, 
 upon anj^ animal so seized, and to enforce the payment 
 thereof in such a manner as they shall by ordinance direct. 
 
 7. To let from year to year any buildings and the ground 
 attached thereto belonging to the City of Brooklyn which 
 may be wdthin the limits of Prospect Park until the same 
 shall be required for public use. 
 
 S. To selljany buildings, improvements or materials with- 
 in the limits of the said last mentioned park and belonging 
 to said city which in the judgment of said department shall 
 not be required for the purposes of said park or for public 
 use, and the proceeds of such sales shall be deposited with 
 the city treasurer to the credit of the department and de- 
 voted to the improvement of said Prospect Park. 
 
 9. They may also in the name of the city, or of the said 
 department, at their option, bring any action which they may 
 deem proper, to recover damages for the breach of any 
 agreement, express or implied, relating to or growing out of 
 the management or improvement of the said parks or other 
 places, terrritory or streets under their control, for penalties 
 for the violation of any ordinance : or for injuries to personal 
 or real^property appertaining to the said parks, places, terri- 
 tory or streets, and to recover the possesion of any such 
 property. The said department shall have charge and manage- 
 ment for^the purposes of police and improvement of the land 
 in the town'of Flatbush, in the County of Kings, taken pur- 
 suant to statute, for a parade ground for the County of 
 Kings. And all ordinances or rules which said department 
 shall at any time adopt for the regulation, use and manage- 
 ment of the said parks shall immediately thereafter be pub- 
 lished for at least ten days in two daily newspapers printed 
 _ in said city. 
 
 (See Ch. 475, Law of 1888, in relation to police force.) 
 See Ch._384, Law 1888. 
 
Department of Parks. 268 
 
 Titie XVI. 
 
 § 3. All moneys received by said depaitment shall be 
 forthwith paid into the city treasury, and all expenditures 
 relating to the several parks, squares and parkways and pub- 
 He places of the city and other avenues and places under 
 the control of said department shall be provided for in the 
 same manner as the expenditures of other departments are 
 provided for, and shall be paid from the city treasury when 
 required, under the same rules and regulations governing 
 the expenditures of other depai'tments. 
 
 ^ 4. The said depai'tment shall, in the month of January 
 of every year*, make and render to the common council of the 
 said city a full report of their proceedings during the preced- 
 ing year, with a detailed statement of their receipts and 
 expenditur-es. 
 
 § 5. It shall be a misdemeanor, punishable by fine and 
 imprisonment, for any commissioner to be in any way, di- 
 rectly or indirectly interested in any contract for services to 
 be rendered or materials to be fiu'nished for or on account of 
 the said parks, or either of them. 
 
 § 6. None of the said commissioners, nor any person, 
 whether in the employ of said department or otherwise, 
 shall have the power to create any debt, obhgation, claim or 
 liabihty for or on account of said depsirtment, or the mon- 
 eys or property under his control, except with the express 
 authority of said department, conferred at a meeting thereof 
 duly convened and held. 
 
 § 7. All persons offending against such ordinances, as shall 
 be adopted by the said department, pursuant to the author- 
 ity conferTed by this title, shall be deemed guilty of a mis- 
 demeanor, and shall be punished on conviction before any 
 court of competent jurisdiction in the County of Kings, by a 
 fine not exceeding fifty dollars ; and in default of payment, 
 by imprisonment not exceeding thir-ty days. 
 
 § 8. All tracts, pieces or parcels of land which have been 
 acquijed by the City of Brooklyn for use as parks for said 
 city or for a parade groimd for the County of Kings, pursu- 
 ant to any statute heretofore enacted, or otherwise, are here^ 
 by declared to be public places. 
 
Title XVI. 
 
 269 Department of Park. 
 
 ? 9. In order to pay the interest upon the bonds issued by 
 the City of Brooklyn, to raise money for the purposes of 
 Prospect Park, there shall be added to the general tax for 
 the City of Brooklyn at large, yearly, and levied and col- 
 lected therein as hereinafter specified, such sum of money in 
 each of said years as shall be sufficient to pay the interest 
 upon such bonds, and from and after the passage of this act 
 there shall be added to the general tax for the City of Brook- 
 lyn at large, and levied and collected as aforesaid, in addi- 
 tion to any amount so required to pay the interest upon said 
 bonds, a sum equal to one-half of one per centum upon the 
 total amount of such bonds : and from and after the year 
 one thousand eight hundred and ninety, there shall be in 
 like manner levied and collected in each year, and in addi- 
 tion to the amount required to pay the interest aforesaid, a 
 sum equal to one per centum upon the total amount of such 
 bonds : and from and after the year eighteen hundred and 
 ninety-five, there shall be in like manner annually levied and 
 collected, in addition to the interest aforesaid, a sum which 
 together with the amounts above required to be levied and 
 collected, and the accumulations thereof, will, with its 
 accumulations, be adequate to pay and discharge the said 
 bonds upon the maturity thereof ; which said several sums 
 shall be from time to time, and in each year, paid over to the 
 commissioners of the sinking fund of the City of Brooklyn, 
 to be held and managed by them, and shall be applied to the 
 payment of the interest upon said bonds as it shall become 
 payable, and to the full and final redemption of said bonds, and 
 for no other purpose. And it shall be the duty of the mayor 
 and comptroller of the said city to estimate and ascertain the 
 amounts required to be so added to the general tax by virtue of 
 this section, and to transmit a statement of the same in each 
 year to the boai'd of estimate in time to have such amount 
 included in the general tax of said city for that year : and 
 such amount shall be included in such general tax. And in 
 making the levy of taxes in this section prescribed, the same 
 shall be so apportioned and levied as that all sums of money 
 which shall be levied for the purpose of paying principal and 
 interest of the bonds which may have been issued on ac- 
 
Department of Parks. 270 
 
 Title XVL 
 
 count of the purchase, improvement and ornamentation of 
 the lands comprising the said Prospect Park, shall be levied 
 and collected exclusively upon and from the taxable property 
 within that portion of said city now composing the first, 
 second, third, fourth, fifth, sixth, seventh, eighth, ninth, 
 tenth, eleventh, twelfth, twentieth, twenty-first, twenty- 
 second, twenty -third, twenty-fourth and twenty-fifth wai'ds 
 thereof. 
 
 § 10. The commissioners of the department of parks are 
 hereby authorized and directed to contract and sell at public 
 auction, for and on account of the City of Brooklyn, at such 
 times and on such terms and conditions as they shall deem 
 expedient, all or any part of the land within Prospect Park, 
 which is bounded westerly by Flatbush avenue, northerly by 
 Vanderbilt avenue and the plaza, easterly by Warren street 
 and Washington avenue, and southerly by the town of Flat- 
 bush, excepting and reserving therefrom so much of said 
 park lands as lie outside of the reservoir grounds and ad- 
 jacent thereto, and is bounded and described as follows: 
 Bejrinning at a point on the northeasterly side of Flatbush 
 avenue, where it is intersected by a line drawn parallel with 
 and seven feet and three inches easterly from the westerly 
 side of Underbill avenue, as said avenue was formerly laid 
 down on the commissioners' map of the City of Brooklj'n; 
 thence northerly along said line until it intersects the south- 
 westerly line of the Eastern Parkway as laid out by the park 
 commissioners, in accordance with the plan now on file in the 
 ofi&ce of the department of city works of the said city ; run- 
 ning thence easterly along the said southeasterly line of said 
 parkway until it intersects the easterly line of Grand avenue, 
 as said avenue was formerly laid down on said commission- 
 ers' map ; running thence southerly along said easterly line 
 of Grand avenue about three hundred and eighty-six feet ; 
 thence westerly on a line drawn at right angles to Flatbush 
 avenue, until it intersects the centre of President street,[aa 
 said street was formerly laid down on the commissioners* 
 map ; thence westerly along said centre of President street 
 untU it intersects the northeasterly Line of Flatbush avenue, 
 and thence northwesterly along said easterly side of Flat- 
 
Title XVI. 
 
 271 Department of Parks. 
 
 bush avenue to the place of beginning. Excepting and re- 
 serving also so much of said land lying along the line of 
 Flatbush avenue and fronting thereon, running southerly 
 from the Prospect hill reservoir to the town of Flatbush, not 
 less than two hundred and fifty feet in width, as shall in the 
 judgment of the said department be proper for the city to 
 retain for public uses. And for the purpose of determining 
 the value of the land so reserved for the purposes of the said 
 reservoir, the said department of parks and the department 
 of city worts of said city shall, within three months after 
 the j)assage of this act, or within such further time as shall 
 be agreed upon by them, come to an agreement with 
 respect to the amount to be paid by said city for 
 the land so to be reserved for reservoir purposes ; 
 and if they disagree, then each of the said parties 
 shall select a disinterested person, and the two so selected 
 shall choose a third, and the decision of the three referees so 
 chosen, or a majority of them, shall be final and conclusive as 
 to the amount so to be paid. The amount so agreed upon 
 shall be paid to the commissioners of the sinking fund of 
 said city, to be applied in the redemption of bonds for the 
 purchase of park lands. For any lands which the said 
 department shall sell they ma}^ receive in part payment the 
 bonds of the purchasers for such portion of the purchase 
 money secured by mortgage on the lands sold as they may 
 deem expedient. And whenever any such sales shall have 
 been made, the mayor, comptroller, and clerk of the City of 
 Brooklyn shall, at the request of the said department, affix 
 the corporate seal to good and sufficient deeds of conveyance, 
 with or without covenants of warranty, and such other cove- 
 nants as the said department shall from time to time require 
 and prepare ; and the said department shall cause the said 
 deeds to be delivered to the respective purchasers upon the 
 receipt of the consideration stipulated to be paid therefor. 
 All moneys that shall be received by the said depai-tment 
 upon such sales, after deducting the necessary expenses of 
 sale and conveyancing, including, engineering and surveying, 
 and the amount hereinafter authorized to be borrowed with 
 interest, together with such assessments as may be liens 
 
Department of Parks. 272 
 
 Title XVI. 
 
 upon the lands at the time of sale, shall be paid over to the 
 commissioners of the sinking fund of the City of Brooklyn, 
 to be by them held and used as part of the general fund for 
 the redemption of city bonds heretofore issued for the pay- 
 ment of lands taken for the said park. Preparatory to the 
 making of the sales referred to in this section, the said 
 department may regulate, drain and grade the said lands, 
 and may lay out streets, avenues, or parkways over or upon 
 the same, of such width and in such direction, with such 
 carriageways, sidewalks and areas as they may deem expe 
 dient. They may also, in their discretion, grade, pave and 
 gutter any of the streets, avenues or parkways which they 
 shall so lay out, and may plant shade trees thereon : but the 
 expense of the improvements hereby authorized shall not 
 exceed the sum of two hundred thousand dollars. After 
 they shall have l iid out such streets, avenues and parkways, 
 they shall cause a suitable map thereof to be made and filed 
 in the office of the said department of city works, and the 
 commissioners' map of said city shall be thereupon altered to 
 coiTespond therewith; and for the purpose of carrying out 
 the provisions of this act, the said commissioners of the 
 department of parks may borrow from time to time, as may 
 be required, such sums of money, not exceeding the amount 
 above limited, as they may deem necessary, and shall repay 
 the same, with interest, out of the proceeds of sales to be 
 made as aforesaid. It shall be lawful for the several savings 
 banks, insurance and trust companies of this State to make 
 mortgage loans upon such portions of Prospect Park, in the 
 City of Brooklyn, as the commissioners of the department of 
 parks are authorized to sell, notwithstanding any lien of 
 bonds issued by said city, for the purchase and improve- 
 ment of said park; provided, however, that the lands so to be 
 mortgaged are otherwise unencumbered, and that the loans 
 so to be made shall not exceed the amounts which such 
 institutions are now authorized by law to loan on real estate. 
 (See Ch. 372, Laws of 1889, and Ch. 89, Laws of 1891.) 
 
 § 11. The said department of parks may at any time agree 
 with the Societies of Friends for the purchase of the property 
 of said societies, bounded and described as follows : Begin- 
 
Title XVI. 
 
 •273 Department of Parks. 
 
 ning at a point in the central line of the Eleventh avenue, 
 which is distant one hundred and twentj^-five feet northeast- 
 erly from the intersection of said central line with the north- 
 easterly side or line of Fourteenth street ; running thence 
 northeasterly along said central line of said avenue five hun- 
 dred and six feet and eleven inches ; thence southeasterly to a 
 point on the northwesterly side of the Coney Island plank road 
 (formerly so called), which is distant two feet and nine inches 
 southwesterly from Eleventh street; thence southwesterly 
 and parallel to Eleventh avenue to a point which is distant 
 one hundred and twenty-five feet northeasterly from Four- 
 teenth street, and thence northerly parallel to Fourteenth 
 street to the place of beginning ; or any part thereof, and the 
 valuation of the same, with the damages the said Friends 
 may sustain by reason of their removal therefrom ; and upon 
 such contract being reported to the comptroller by the said 
 department, with a proper certificate of their counsel as to 
 title, the comptroller is hereby authorized to pay the same, 
 and may issue such additional bonds as may be necessary to 
 complete the purchase thereof, in the same way and subject 
 to the same redemption as other bonds directed to be issued 
 under this title. And whenever the said purchase shall be 
 completed and the property conveyed to the city, any assess- 
 ment that may have been laid thereon by the commis- 
 sioners of estimate and assessment shall be canceled, and the 
 said property shall become a portion of Prospect Park, and 
 be under the exclusive control and management of the de- 
 partment of parks, in the same way and to the same extent 
 as other portions of the said park now are or may at any 
 time be. Whenever the right of the said department to enter 
 upon that portion of the property of the said Society* of 
 Friends hereby authorized to be taken shall be perfected, the 
 said department shall provide and open a suitable and suffi- 
 ciently commodious passageway, at least twenty feet wide, 
 from Fifteenth street to the said* cemetery, for the common 
 use of all the Societies of Friends, occupying the same, so 
 long as they shall continue to use it as a cemetery ; and no 
 assessment for benefit shall be levied or collected upon the 
 
 *So in original. 
 
Department of Parks. 274 
 
 Title XVI. 
 
 residue of the property now used as a cemetery, so long as 
 the said ground shall continue to be a cemetery or place of 
 interment. 
 
 § 12. Real or personal property ma}' be granted, conveyed, 
 devised or bequeathed to the said city, for the improvement or 
 ornamentation of the said parks, or either of them ; or for 
 the establishment or maintenance within their limits of mu- 
 seums, z )ological or other gardens, collections of natural his- 
 tory, observatories or works of art, upon such terms and con- 
 ditions as may be aj^reed upon by and between the grantors 
 or donors thereof and the said departmewt. But all property 
 so to be granted, conveyed, devised or bequeathed, and the 
 rents, issues and profits thereof, must be subject to the man- 
 agement and control of the said department, and may be 
 improved and added to in its discretion ; and shall be pro- 
 tected, preserved and arranged by the said department for 
 public use and enjoyment, under such rules and reguLitions 
 as the said department shall from time to time prescribe. 
 Admissions to said gardens and museums may be either free 
 to the public, or upon the payment of such sums of money 
 as the department may determine ; and all income to be de- 
 rived from such admissions shall be applied to the improve- 
 ment and maintenance of such gardens and museums, or of 
 the said j^arks. The department may also agree for the 
 management and maintenance of any of the said gardens or 
 other institutions with any societj^ incorporated or to be in- 
 corporated under any law of this State ; but such gardens or 
 other institutions shall always remain subject to the control 
 of the said department of parks. 
 
 § 13. No railroad constructed or to be constructed on Ocean 
 avenue or on Franklin avenue, westerly of the westerly limit 
 of, or upon or across the circle at the angle of Prospect park 
 (said avenues being respectively the easterly and southerly 
 boundaries of said park), shall at any time be used or ope- 
 rated with any other motive power than horses, unless the 
 company operating such road or roads shall have received 
 the consent to a change of motive power, of the common 
 council of Brooklyn, or shall hereafter obtain such consent. 
 (Ch. 442, Laws of 1892). 
 
Title XVI. 
 
 275 
 
 Department of Parks. 
 
 § 14. No buildings or other erections, except porches, 
 piazzas, fences, fountains and statuary, shall remain or be at 
 any time placed upon any of the lots fronting upon Eastern 
 parkway, from Washington avenue easterly to the southerly 
 line of the City of Brooklyn, or upon President or Douglass 
 streets, from New York avenue easterly to said city line with- 
 in thirty feet from the line or sides of the said several streets 
 respectively. The intervening spaces of land on each side of 
 the said several streets shall be used for court yards only, 
 and may be planted with trees and shrubbery, and otherwise 
 ornamented, at the discretion of the respective owners or oc- 
 cupants thereof. And no building now standing, or that 
 may be hereafter erected on any lot fronting or to front, on 
 either Union or Degraw streets, easterly from New York 
 avenue to said city line, shall ever be used for any purpose 
 other than a stable, carriage house, conservatory for plants 
 or green-house ; but no livery or railway stable, or car house, 
 shall at any time be erected, or maintained, upon any of the 
 said lots. And at no time shall there be erected, established or 
 carried on, in any manner whatever, upon any lot bounded 
 by either of said streets, any slaughter house, tallow chan- 
 dlery, furnace, foundry, nail or other factory, or any manu- 
 factory for making starch, glue, varnish, vitriol, oil or gas, or 
 for tanning, dressing, repairing or keeping skins, hides or 
 leather, or any distillery, brewery or sugar bakery, lime kiln, 
 railway or other stable, or depot, or any other manufactory, 
 trade, business or calling, which may be in any wise danger 
 ous, noxious or offensive to the neighboring inhabitants. 
 
 § 15. No buildings or other erections, except porches, 
 piazzas, fences, fountams and statuary shall remain or be at 
 any time placed upon Ocean Parkway within thirty feet from 
 the outside lines thereof : which space on each side of the 
 said avenue, and in addition thereto, shall be used for court- 
 yards only, and may be planted with trees and shubbery, 
 and otherwise ornamented, at the discretion of the respec- 
 tive owners or occupants thereof ; but such use and orna- 
 mentation shall be under the direction of the said department 
 of parks. 
 
 § 16. No railway upon which steam or compressed air 
 
Department of Parks. 276 
 
 Title XVI. 
 
 shall be used, or is or shall be intended to be used as a 
 motive power, hereafter constructed across Ocean Parkway, 
 in any of the towns ia the County of Kings, shall be con- 
 structed on the same grade with the said Ocean Parkway, but 
 the grade of every such railway shall be constructed either 
 under said Ocean Parkway or above the same by a sufficient 
 bridge or viaduct : and when constructed above said Ocean 
 Parkway the length of such bridge shall be the full \\idth of 
 the graded surface of said parkway, and shall be elevated so 
 that there shall be an open space of at least fifteen feet in the 
 clear above the grade thereof ; nor shall any railway upon 
 which steam or compressed air shall be used, or is, or shall 
 be authorized or intended to be used as a motive power, be 
 constructed or operated over or upon the concourse at the 
 southerly terminus of said Ocean Parkway ; nor shall any 
 horse railroad be constructed upon, along or across said 
 Ocean Parkway or the concourse, except by permission of 
 the commissioners of the department of parks, and in ad- 
 dition to the powers now possessed by said department in 
 relation to said Ocean Parkway and concourse, they may also 
 b}' ordinance regulate the use of engines so that no steam 
 shall be used so as to be allowed to escape therefrom on or 
 over said parkway, and may by ordinance prevent or regulate 
 the blowing of whistles or ringing of bells by any locomotive 
 or other engine at or adjacent to said parkway or concourse 
 by any railroad corporation. It shall be the duty of the 
 commissioners of said department of parks, on the applica- 
 tion of any railroad corporation, to hear the parties relative 
 thereto, and to ascertain and determine the practicability of 
 constructing such railway in the manner prescribed by this 
 section, and to establish the proper place for such crossing, 
 and the manner in which the same shall be made, whether 
 above or below said Ocean Parkway, and the plans and speci- 
 fications for the construction thereof ; and shall cause proper 
 maps and drawings thereof, respectively, to be made, ap- 
 proved and signed by them, a copy of which shall be filed in 
 the office of the register of the County of Kings ; and there- 
 upon said parkway and railway shall be constructed by such 
 railroad corporation, at its own cost and charges, with the 
 
Title XVI. 
 
 277 Department of Parks. 
 
 respective grades, and according to the plans and specifica- 
 tions so to be approved and established, and within the period 
 of time to be specified in writing by the said commissioners, 
 who may, however, from time to time, extend the same, but 
 not beyond one year from the date fixed in said certificate. 
 If such railway corporation shall refuse or neglect to reform 
 such parkway, in accordance with the plans and specifications 
 that shall be approved and established by the commissioners 
 of said department in the manner aforesaid, within the time 
 for that purpose limited by the said commissioners, then it 
 shall be the duty of the said department of parks to perform 
 the work of reforming such road or avenue in accordance 
 with such plans and specifications ; and all the cost and ex- 
 pense they shall be put to on account thereof may be recovered 
 by an action by said department of parks against such rail- 
 way corporation in any court of this State ; and said depart- 
 ment may require, before any such corporation enters upon 
 said parkway to give a bond, with sufficient responsible sure- 
 ties, to restore said parkway according to the plans made, 
 and to comply with all its conditions as to such crossing, to 
 be enforced as herein provided, which bond, in case of default, 
 made, may be prosecuted by the said department. This sec- 
 tion shall not affect any crossing over said Ocean Parkway by 
 a railroad in any case where the right to make such a crossing 
 has been found and adjudicated by a court of record, nor any 
 suca crossing by a railroad now being actually operated, nor 
 the construction and use of any bridge which has been 
 actually in good faith commenced prior to the first day of 
 April, eighteen hundred and eighty-one, for the purposes of a 
 railroad crossing on or over said Ocean Parkway. 
 
 § 17. The concourse lands on Coney Island are hereby ex- 
 pressly exempted from the operation of any and all provis- 
 ions of law authorizing the commissioners of the land office 
 or the officers of any county or town to grant to any rail- 
 road company any land belonging to this State or to such 
 county or town. 
 
 § 18. The statement which the department of parks is re- 
 quired by section eighteen of the second title of this act to 
 transmit in each year to the board of estimate shall include 
 
Department of Parks. 278 
 
 Title XVI. 
 
 a statement of the several amounts of money which ought 
 to be spent the succeeding year, commencing on tbe first day 
 of January, for the maintenance, ornamentation and improve- 
 ment of the several parks and parkways (including the East- 
 ern Parkway, Ocean Parkway, and the Coney Island Con- 
 course) now a chai'ge upon the City of Brooklyn. Upon the 
 receipt of any such statemejit, it shall be the duty of the 
 said board of estimate to estimate and determine the 
 amounts necessary to be raised for the proper maintenance, 
 improvement and ornamentation of the said parks and park- 
 ways during such succeeding year, and to include in their 
 annual report the amounts necessary therefor : and the 
 amounts so estimated^ and determined shall be included in 
 the annual tax levy of said city, and shall be expended for 
 the purposes for which they were raised, as needed, and 
 upon the usual vouchers : provided, however, that no amount 
 so included for any of the purposes aforesaid shall be greater 
 than the amount stated by -the said department to be re- 
 quired for that purpose. 
 
 § 19. Before Ninth avenue and Fifteenth street, or either 
 of them, are graded, paved or improved, the commissioners 
 of the department of parks shall determine and certify to 
 the common council of said city the amounts already ex- 
 pended and advanced on tUe improvement of said avenue and 
 street respectively by the Brooklyn park commissioners ; and 
 the amount so certified, with the interest thereon, shall be 
 deemed to be and be taken as a part of the cost of grading, 
 paving and improving said avenue and street,* and shall be 
 included in the amount of the prospective and actual cost 
 and expense of the work and in the assessments therefor. 
 
 § 20. The department of parks may grade, pave and other- 
 wise improve the street laid out in the plaza of Prospect 
 Pai'k in parts. If the commissioners of said department 
 fihaU determine to grade, pave and improve the said street in 
 parts, they shall, from time to time, determine what lots with- 
 in the district of assessment heretofore fixed are benefited by 
 the improvement determined to be made, and shall cause a 
 
 *So in tie original. ^ 
 
Title XVI. 
 
 279 Department of Parks. 
 
 map thereof to be made, and the lot shown upon such map 
 shall be and constitute the district of assessment for such im- 
 provement. The said commissioners shall then estimate the 
 prospective cost and expense of the improvement, and in 
 such estimate shall include the proper proportionate amount 
 already expended on the improvement of said street, with 
 the interest thereon, and shall thereupon certify the same to 
 the board of assessors of the City of Brooklyn. Upon the 
 receipt of any such certificate it shall be the duty of the 
 board of assessors to apportion and assess the said estimated 
 cost and expense upon the several pieces or parcels of land 
 and premises benefited by the improvement included within 
 the district of assessment, in proportion to the benefit which 
 in their opinion the same shall derive from or in justice 
 ought to be assessed for the improvement. The board of 
 assessors shall make a report in writing of the assessment so 
 made, and before proceeding to sign the same shall give 
 notice in the corporation newspapers of said city, which 
 notice shall be published for ten days successively, of the 
 time and place, when and where the parties interested can 
 be heard ; and after hearing the parties the board of asses- 
 sors shall proceed and complete the report and sign the 
 same, and return the said report with all objections in writ- 
 ing, which shall be presented to and left with them by any 
 of the parties interested, to the said department of parks. 
 The said commissioners shall publish a notice in the corpora- 
 tion newspapers for ten days successively, to the parties 
 interested, of the time and place, when and where they will 
 meet to hear them on the objections and report. The said 
 commissioners shall thereupon examine the matter, and may 
 correct the said report and assessment, and send it back to 
 the board of assessors for reapportionment, or may confirm 
 the same, as they may deem just and proper, and their con- 
 firmation in the matter shall be final and conclusive, and 
 thereupon the said assessment shall be and become a lie nupon 
 the several lots, pieces and parcels of land assessed, to the 
 extent of the amount assessed thereon. The like proceed- 
 ings shall be had when the report of the board of assessors 
 is sent back as in the first instance. After the assessment 
 
Department of Parks. 280 
 
 Title XVI. 
 
 shall be confirmed, the said commissioners shall cause 
 a waiTant to be issued under tbe hand of their presi- 
 dent to the collector of taxes and assessments of said city 
 for the collection thereof. Whenever oQe-half in amount of 
 any such assessment shall have been collected (exclusive of the 
 amounts assessed upon park property ), the said commissioners 
 may make a contract for the work : provided, however, that 
 no such contract shall be made unless the amount unappro- 
 priated of the " assessment fund " of the City of Brooklyn, 
 together with the amount of the assessment collected, shall 
 be sufficient to pay the cost of said work as fixed by such 
 contract. Upon the making of such contract the comptroller 
 of said city shall appropriate and set apart so much of the 
 said " assessment fund " as shall be necessary to pa}- the cost 
 of improvement All moneys subsequently collected upon 
 any such assessment shall be paid into said fund to re- 
 imburse the same, and any balance remainiug after such re- 
 imbui-sement shall be paid into the revenue fund of the said 
 city. Immediately after the completion of the improvement, 
 the assessment therefor shall be revised by the board of as- 
 sessors, and if the estimate made therefor shall have been 
 greater than the actual cost of such improvement, such ex- 
 cess shall be deducted from the amounts assessed against 
 the several parcels of land in the district of assessment, in the 
 proj^ortion of their respective amounts, and if any part of 
 such assessment shall have been collected, the proportion of 
 such excess shall be refunded to the person paying the same. 
 If the cost of such improvement shall be greater than the 
 amount of the estimate made therefor, the excess of such 
 cost shall be added to said assessment and apportioned upon 
 the several parcels of land according to their respective pro- 
 portions of the original assessment. The board of assessoi-s 
 shall prex^ai'e a list showing the amounts of such additions, 
 and shall publish in the corporation newspapers, for at least 
 ten days, a notice of the time and place, when and where the 
 same can be examined, and objections made thereto ; and 
 after heaiing such objections shall make such coiTections 
 therein as they shall deem just, and shall certify the said 
 additions as corrected upon the original assessment roll to 
 
Title XVI. 
 
 281 Department of Parks. 
 
 the collector of taxes and assessments, and thereupon the 
 amounts so added shall become a part of such original as- 
 sessment and be collected without any further warrant in the 
 same manner and with the same lien and effect as if such 
 amount had been incluued in the estimate of said work. No 
 rebate shall be allowed upon any assessment levied under the 
 provisions of this act, and no such assessment shall be re- 
 turned to the registrar of arrears until one year after the 
 revision thereof, or one year after the commissioners shall 
 certify upon the original assessment roll, or upon the abstract 
 thereof, that the said assessment does not need revision. 
 
 § 21. It shall be the duly of the board of estimate of the 
 County of Kings and City of Brooklyn to include in their 
 annual report next after laying any assessment under the pro- 
 visions of section twenty of this title, an amount sufficient 
 to pay any assessment laid upon the lands of Prospect park 
 or the plaza, and such amount shall be included in the tax 
 levy of said city. 
 
 § 22. The department of parks is hereby authorized to 
 grade, gravel, curb and gutter that portion of the Coney 
 Island plank road, as recently widened, lying between the 
 circle at the southwesterly angle of Prospect Park and 
 Church lane, and said Church lane from said road to Ocean 
 Parkway, according to the plan to be devised and adopted by 
 them. All expenses incident to said improvements, after 
 having been duly certified by the said department to the 
 commissioners of estimate and assessment appointed as here- 
 inafter directed, shall be by them apportioned and assessed 
 upon the property in their judgment benefited thereby within 
 a district of assessment to be fixed by the said commissioners 
 of said department; but no district of assessment shall 
 extend beyond the termini of the improvements provided for 
 in this section, and the assessments specified in their report, 
 when filed in the office of the clerk of the County of Kings, 
 and duly confirmed by an order of the supreme court at 
 special term, upon an application therefor, of which ten days*^ 
 notice shall have been given in two newspapers printed in 
 the City of Brooklyn, shall constitute liens upon the several 
 parcels of lands and premises upon which they shall have 
 
Department of Parks. 282 
 
 Title XVI. 
 
 been laid, and shall be collected in the manner hereinafter 
 directed. The commissioners of the department of parks 
 may also contract in writing for the makinfj^ of the said 
 improvement, and may from time to time, as the work pro- 
 gresses, issue to the contractors, in the name and upon the 
 authority of the said commissioners, certificates of indebted- 
 ness, bearing interest, to the extent of eighty per centum of 
 the work completed by said contractors, payable out of the 
 assessments therefor when collected. Tr.e supreme court, in 
 the second judicial district, at a special term thereof, shall, 
 upon application of the commissioners of said department, on 
 notice of ten days, to be published in two papers in the City 
 of Brooklyu, appoint three commissioners of estimate and 
 assessment, who shall be residents of the town of Flatbusb, 
 who shall have the powers and perform the duties of the 
 commissioners of estimate and assessment who acted in esti- 
 mating the damages incident to the widening and opening 
 of the said road. All the provisions of chapter seven hun- 
 dred and seventy-one of the laws of eighteen hundred and 
 seventy- three, so far as relates to the collection of the assess- 
 ments herein provided for, and the sale for the non-payment 
 of the same and the lien thereof shall apply to and become 
 part of this act, except that no fees for collecting shall be 
 charged against any property belonging to the City of Brook- 
 lyn or to the County of Kings. 
 
 § 23. The mayor, comptroller and clerk of the City of 
 Brooklyn, shall each keep in his olB&ce, in a book to be pro- 
 vided for that purpose, a true and correct statement and 
 account of each and every bond referred to in section nine of 
 this title, showing the number of each bond, the date and 
 amount thereof, and the time when due, and such book shall 
 be open for public inspection, and shall be delivered by them 
 to their successors in office. 
 
 § 24. The commissioners of the department of parks are 
 hereby authorized and required to present annually, on or 
 before the first Monday of July, to the common council of the 
 City of Brooklyn, a statement in writing of the amount of 
 money with interest, assessed, or to be assessed upon so much 
 of the land benefited by the opening of Prospect park as lies 
 
Title XVI. 
 
 283 Department of Parks. 
 
 within the boundaries of the said city, and which amount is 
 required to be raised by tax, for the then current year, to- 
 gether with all such assessments for opening, widening, sew- 
 ering or otherwise improving streets, avenues or highways 
 now charged, or hereafter to be charged, upon any of the 
 said parks, or against the city as representing the the* said 
 parks. And the common council shall thereupon cause the 
 said several amounts to be raised and levied, as part of the 
 annual city tax, in the same manner as other taxes are raised 
 and levied ; so much thereof as relates to the assessment for 
 park benefit shall be levied upon the particular parcels of 
 property, chargeable therewith, and the residue of said 
 amount shall be raised and levied as a general tax upon the 
 said city. And the said several amounts, when collected, 
 shall be paid over to the said commissioners, except so much 
 thereof as relates to assessment for park benefit, which shall 
 be paid to the commissioners of the sinking fund of the City 
 of Brooklyn, to be used in the redemption of city bonds- 
 issued for the purchase of park lands 
 
 § 25. The said commissioners shall also, in like manner, 
 present to the board of supervisors of the County of Kings 
 a statement of the amount of money with interest, assessed 
 or to be assessed upon so much of the land benefited by the 
 opening of the said park as lies outside the boundaries of 
 the said city, and which amount is required to be raised by 
 tax for the then current year, including the amount required 
 for the maintenance of the Kings County parade ground, to- 
 gether with all such assessments for opening, widening and 
 improving streets, avenues or highways now charged, or 
 hereafter to be charged, against the said parade ground by 
 virtue of any proceeding placed, or to be placed under the 
 direction of the said commissioners. And the said board of 
 supervisors shall thereupon cause the said several amounts to 
 be raised and levied as part of the annual county tax 
 in the same manner as other county taxes are raised and 
 levied. So much thereof as relates to the assessment for 
 park benefit shall be levied upon the particular parcels of 
 
 So in original. 
 
Department of Parks. 284 
 
 Title XVI. 
 
 property chargeable therewith and the residue of said 
 amount shall be raised and levied as a general tax in the 
 said countj\ And the said several amounts, when collected, 
 shall be paid over to the said commissioners, except so much 
 thereof as relates to the assessment for pai*k benefit, which 
 shall be paid to the commissioners of the sinking fund of the 
 city of Brooklyn, to be used in the redemption of city bonds 
 issued for the purchase of park lands. 
 
1 
 
TITLE XVII. 
 
 DEPARTMENT OF PUBLIC INSTRUCTION. 
 
 Section 1. There shall be a department of public instruc- 
 tion which shall be under the control of a board of educa- 
 tion, to consist of forty-live members, who shall serve with- 
 out compensation,, and whose term of office shall be three 
 years. The members heretofore appointed by the mayor, 
 July first, eighteen hundred and eighty-five, and any mem- 
 bers appointed to fill vacancies occasioned by the death or 
 resignation of members so appointed, shall hold office until 
 July first, eighteen hundred and eighty-eight, and members 
 appointed July first, eighteen hundred and eighty-six, and 
 any members appointed to fill vacancies occasioned by the 
 death or resignation of members so appointed, shall hold 
 office until July first, eighteen hundred and eighty-nine ; and 
 the mayor shall, on or before July first, eighteen hundred 
 and eighty-seven,* appoint fifteen members to hold office for 
 three years from that date, in place of the fifteen members 
 appointed July, eighteen hundred and eighty three,* and any 
 members appointed to fill vacancies occasioned by the death 
 or resignation of members so appointed : and thereafter, on 
 or before July first, in each succeeding year, he shall appoint 
 fifteen members to the said board of education in place of 
 the members whose terms shall then expire. The mayor 
 shall at any time fill vacancies caused by death, resignation 
 or otherwise, by appointment for the unexpired term. If the 
 mayor shall refuse, fail or neglect for thirty days after the 
 expiration of the term of a member of said board, as pro- 
 vided by this act, to make an appointment required by this 
 act, such failure, refusal or neglect shall be in all respects 
 equivalent to and taken as an express appointment of the 
 member who may be at the time holding office. 
 
 § 2. The eaid board shaU elect a superintendent of public 
 instruction, at its meeting ia July, or any regular meeting. 
 
 *So in original. 
 
Dept. Public Instruction. 286 
 
 Title XVII. 
 
 next preceding the expiration of the term of office of the 
 present superintendent : and the board may also, at such 
 time, elect one or more, not exceeding two associate superin- 
 tendents. Tbe terms of office of the superintendent and 
 associate superintendents elected pursuant to the provisions 
 of this act shall commence upon the expiration of the terms 
 of office of the present superintendent and associate superin- 
 tendents, and the board shall, triennially, thereafter elect its 
 superintendent and associate superintendents, the term of 
 whose office shall be three years, subject, however, to re- 
 moval from office by a vote of two-thirds of all the members 
 appointed to the said board. Whenever a vacancy shall 
 occur in any of such offices by death, resignation or other- 
 wise, the board may ekct a successor to serve for the unex- 
 pired term. Such superintendent and associate superin- 
 tendents shall each receive a salary to be fixed by the board 
 and which shall be paid out of the general fund, and shall 
 perform such duties as sliall be prescribed by said board. 
 
 § 3. The said board shall triennially appoint a secretary, how 
 shall perform such duties as mav be prescribed by the board. 
 He shall receive a salary to be fixed by the board and which 
 shall be paid out of the general fuud, and in case of his 
 death, resignation or removal the board shall have power to 
 fill the vacancy for the unexpired time. He may be re- 
 moved from office by a vote of a majority of all the members 
 of the board, and shall give such security as shall be re- 
 <iuired by said board. 
 
 § 4. The treasurer of the city shall be ex-offieio the treas- 
 urer of the board of education, and shall receive to the credit 
 of said board, from the county treasurer, the amount of 
 school money to which the city is entitled from the State ap- 
 propriation, together with such amount as is raised by the 
 iDoard of supervisors to entitle the city to its distributive 
 share of the school moneys of tbe State, and from the city 
 collector the money raised by tax for the support of schools. 
 He shall credit the said board with the money last aforesaid 
 as soon as the amount thereof shalL have been_ receiye_d,. and 
 he shall disburse the same, with all interest received thereon, 
 
title XVII. 
 
 287 Dept Public Instruction. 
 
 only b}' the or»ler and upon the warrant of the board of edu- 
 cation, drawn in favor of the person entitled to payment, 
 signed by the presiding officer of the board, and counter- 
 signed by its secretary. The treasurer shall give such bonds 
 for the faithful performance of his duty as the common coun- 
 cil may require, and shall report monthly to the board of 
 education his receipts and expenditures, with the balance 
 remaining on hand to the credit of the board, and such other 
 information in relation thereto as the board of education may 
 from time to time require. 
 
 § 5. The board of education shall have the entire charge 
 and direction of all the public schools of said city, and of 
 the school moneys raised for the support of the same, and 
 shall possess the powers and be subject to the general du- 
 ties of trustees of common scho(j]s in this State, so far as the 
 same are not impaired or affected by this act. It shall an- 
 nually choose a presiding officer, make its own by-laws, keep 
 a journal of its proceedings, define the duties of its officers 
 and committees, and prescribe such rules and legulations 
 for instruction and discipline in the said public schools as 
 are not inconsistent with the laws of the State ; and nil the 
 provisi )ns of this act, relating t ) resignations and expulsions 
 in the common council, shall be applicable to the board of 
 education. 
 
 § 6. The whole city shall be a school district for all pur- 
 poses of taxation, as well for the purchase of school sites and 
 the building and repairing of school houses as for the annual 
 support of schools, but shall be divided by the board of edu- 
 cation into as many districts as there are schools, for the 
 purpose of determining the limits within which children may 
 attend such schools. 
 
 § 7. The board of education shall have power to organize 
 and establish schools for colored children, and such evening 
 schools as it may, from time to time, deem expc>dient, and 
 shall adopt the necessary rules for the government of 
 the same. It may make use of the public school houses 
 under its charge for such evening schools, and the expenses 
 of said schools shall be paid out of the general fund in the 
 
Dept. Public Instruction. 288 
 
 Title XVII. 
 
 same maDner as those of the other public schools. No per- 
 son shall be prohibited from attending the evening schools 
 on account of age. 
 
 § 8. The board of education shall determine the number 
 and location of schools ; but no expenditures for the purchase 
 of ground or the erection of school houses shall hereafter 
 be made unless the same shall have been approved of 
 by the common council. Such approval shall be deemed 
 to have been given when the tax therefor shall be 
 approved by the common council and levied by the super- 
 visors, or it may be especially given upon the application of 
 ihe Board of Education to make such expenditure in antici- 
 pation of a tax to be levied in the ensuing year. 
 
 See Chap. .383, Laws of 1888. 
 See Cbap. 358, Laws of 1889. 
 See Chap. 269, Laws of 1891. 
 See Chap. 320, Laws of 1892. 
 See Chap. 47, Laws of 1893. 
 See Chap. 123, Laws or 1894. 
 
 § 9. The title of all property now or hereafter to be ac- 
 quired for school purposes shall be vested in the board of 
 education ; which board and the mayor of the City of Brooklyn 
 are hereby authorized to sell any lands with the buildings 
 thereon which, in the opinion of the said board, first de- 
 clared by resolution, are not needed for school purposes, or 
 that shall hereafter not be needed for school purposes, and 
 to grant and convey the same. The proceeds arising from 
 any such sale shall be paid into the special school fund of 
 said board of education, and deposited with the treasurer of 
 the City of Brooklyn, to the credit of said fund. 
 
 § 10. The money raised for the purchase of school sites, 
 and the building, repairing and furnishing of school houses, 
 shall be known as the " special school fund," and all other 
 moneys as the " general school fund;" and it shall be the 
 duty of the board of education to keep accurate accounts of 
 its receipts and expenditures, distinguishing between those 
 of a general and those of a special character ; and it shall not 
 be lawful to expend any portion of the moneys raised for the 
 
Title XVII. 
 
 289 Dept. Public Instruction. 
 
 use of one of said funds for the purposes of the other of said 
 funds, but the expenditures shall be made in conformity with 
 the appropriations under which the funds were levied and 
 collected. 
 
 ^ 11. The board of education shall determine whether any 
 and what portion of the State appropriation and the county 
 tax, designated as library money, shall be applied to the pur- 
 chase of school libraries and apparatus, and the disposition 
 thereof : and the residue of said money shall be applied to the 
 payment of teachers' wages or for the purchase of school- 
 books, and no other purpose. 
 
 § 12. The orphan asylum societies of the City Brooklyn shall 
 participate in the distribution of the school moneys raised in 
 said city, in proportion to the number of children between the 
 ages of five and twenty-one, under the charge of said societies, 
 andinstructed in such manner us is usual in common schools, 
 and shall hereafter be annually entitled to such distributive 
 share in the same manner, and to the same extent, as is now 
 or shall be provided in respect to the common schools of said 
 city. And all industrial schools in which industrial employ- 
 ments are taught in addition to the studies of the common 
 schools during some portion of the school day, and in which 
 the pupils are clothed, fed and lodged, shall participate in 
 the distribution of the school moneys, in the same mariner 
 and under the same lestrictions as the said orphan asylum 
 soci-;ties at Brooklyn. The schools of said societies shall be 
 subject to the general supervision of the board of education 
 of said city, but remaining under the immediate direction 
 and management of the said societies as heretofore. The 
 orphan asylum societies and the industrial schools for indi- 
 gent and homeless children, under the charge of the board of 
 education in the city of Brooklyn, shall in each and every 
 year, be entitkd to receive ten per centum of the gross 
 amount of money received by the commissioners of excise in 
 the City of Brooklyn, for licenses to sell liquors, ales and 
 wines, and of tines for the breach of the laws in relation there- 
 to, and the comptroller of the said City of Brooklyn shall, on 
 the requisition of the proper officers of the said societies, 
 
Dept. Public Instruction. 290 
 
 Title XVII. 
 
 pay over to them, the officers, directors, or trustees of the 
 orphan as^'lum societies and industrial schools or such per- 
 sons as they shall authorize to receive the same, a sum equal 
 to ten per centum of the gross sum received by the said 
 commissioners of excise for licenses and fines as aforesaid, 
 pro rata according to the number of orphans and indigent 
 children fed, clothed, lodged and taught in each of the said 
 asylums or industrial schools at such institutions ; the said 
 pro ri.ta to be established and taken by the said comptroller 
 from the report of the superintendent of public instruction 
 for the said City of Brooklyn for the distribution of the 
 public school fund to the said orphan asylum societies and 
 industiial schools, but no school in said city shall be entitled 
 to any portion of the school moneys, in which the religious 
 sectarian doctrine or tenets of any particular Christian or 
 other religious sect shall be taught or inculcated, during 
 school hours, or which shall refuse or prohibit visits or exam- 
 inations by the city superintendent or members of the board 
 of education of said city ; provided that this section shall 
 not be deemed to prohibit the use of the Holy criptures 
 without note or comment. 
 
 § 13. The board of education shall make returns annually 
 to the common council of its receipts and expenditures, speci- 
 fying those on account of the general and special funds re- 
 spectively, with such other details as the common council 
 may from time to time require. 
 
 § 14. The board of education shall have power to take 
 proceedings to acquire land for sites of school houses, 
 or land adjacent to and for the enlargement of a site 
 already (stablished not exceeding one acre, where the. 
 owner or owners of such land shall not consent to sell, 
 the same for such purposes, or where the said board shall 
 not be able to agree with such owner or owners or some 
 or any of them upon the price or value thereof. Such 
 proceedings shall be taken in the manner provided by the 
 general laws of this State for the appraisal and acquiring o| 
 lands taken for or in addition to sites for district school 
 houses except as is herein otherwise expressly provided, and 
 except that the re strictions as to a village or city lot shall 
 
Title XVII. 
 
 291 Dept. Public InstrnctioiL 
 
 not apply to this section. And for the purposes of such pro- 
 ceedings the board of education shall possess all the powers 
 of trustees under the provisions of such general laws. Such 
 proceedings may be authorized by a vote of said board of 
 education, and the petition may be signed by the officers of said 
 board. The commissioners appointed in such proceedings 
 may be inhabitants of the City of Brooklyn and owners of 
 taxable property therein, but shall not be owners of, nor in- 
 terested in the property proposed to be taken, nor related to 
 the owners of the land proposed to be taken. Such proceed- 
 ings may be taken before the supreme court or city court of 
 Brooklyn, and if taken in the latter court, the petition shall 
 be filed in the office of the clerk of that court, and the notice 
 of lis pendens in the office of the clerk of Kings County. The 
 compensation named in the award, the fees of the commission- 
 ers and the costs and expenses of said board of education in 
 such proceeding shall be paid by said board out of the special 
 fund in their hands, and such fees, costs and expenses may 
 be taxed and allowed in the final order. 
 
I 
 
TITLE XVIII 
 
 OF CONTEACTS. 
 
 Section 1. All contracts and agreements by which the dij^ 
 shall be held liable to pay money, shall be under the authiMr- 
 ity of the common council, except for salaries and those mado 
 for the management and control of the boai'd* educatiotD^ 
 the water works, the maintenance of sewers and the repair- 
 ing of streets, and also except those made for the mainte- 
 nance and management of the pai'ks and other works aod: 
 matters under the control of the department of pai-ks, bat 
 the amount expended for the above named purposes ^la]^ 
 not exceed the sums appropriated therefor by the comnMtt- 
 council, or the amount authorized to be expended by is&iia^ 
 of bonds imder heretofore existing laws. All contracts other? 
 than for the above excepted purposes exceeding in amocmt 
 the sum of two hundi'ed and fifty dollars, shall be made m. 
 the following manner: Whenever any work, materials c*:- 
 improvements, shall have been duly declared to be necessary- 
 by said common council, they shall authorize the depai-tmoiii*; 
 of city works, and it shall be the duty of the department sa 
 authorized to advertise in the corporation newspapei*s, for at 
 least ten days, tnriting bids or proposals therefor, under-. 
 seal, to be sent to the department of city works, which bids, 
 or proposals shall be pubHcly opened and announced, with- 
 the name of the bidder, the rate or amount proposed, and . 
 the names of the sureties, which sui-eties shall be the owners- 
 of real estate in the City of Brooklyn in their own right te 
 the amount of such sui'ety, and shall have held the same fee 
 at least one year prior to becoming such surety: and beforat- 
 awarding any 'contract all the bids or proposals receiTed:% 
 shall be pubUshed for at least six days in the newspaper* 
 aforesaid. AU contracts shall be awarded to the lowest bid- 
 der, and be executed by the mayor and the depai'tment of 
 city works, and shall be attested by the city clerk: provide^ 
 that upon the application of the commissioner of the depart- 
 
 So in original. 
 
Of Contracts. 
 
 294 
 
 Title XVIII. 
 
 ment of city works or head of other department, the board 
 of aldermen may, and are hereby empowered, by a two-third 
 Tote, to authorize the department of city works to execute a 
 contract to others than the lowest bidder; and no contracts 
 shaU be made or liability to pay be incurred, the expense of 
 which is provided by law^ to be met by local assessment, 
 until the jurisdictional or other proceedings for and in the 
 assessment have been examined and certified to be correct and 
 sufficient by the department of city works and attorney and 
 counsel to the corporation. 
 
 Chap. 562, Laws of 1889. 
 
 § 2. In case any street, public building, iiighwa}', side- 
 walk, crosswalk or bridge shaU become dangerous, the com- 
 missioner of the department of city works shall examine the 
 same, and, with the approval of the mayor, shall cause the 
 same to be repaired or removed, provided that the expense 
 of such repair or removal shall not exceed in amount the sum 
 of one thousand dollars in any one case. All charges in- 
 curred uuder this i)rovision shall be examined by the au- 
 ditor, and when audited, be paid by the comptfoUor, out of 
 the proper fund, and in case no other means shall have been 
 provided to cancel such liabilities, the comptroller shall pay 
 the same out of the revenue fund. 
 
 § 3. No contract or agreement for any purpose, involving 
 the payment of any money, shall be valid and binding against 
 said city, unless the comptroller shall certify or indorse on 
 such contract or agreement that the means required to make 
 the payments under such contract are provided and applic- 
 able thereto. Any such indorsement falselj" made shall be a 
 misdemeanor, and the ofifender, on conviction thereof, shall 
 cease to hold his office, and his official term shall cease and 
 determine, and the mayor shall nominate, and with the con- 
 sent of the board of aldermen appoint some suitable person 
 to discharge the duties of comptroller, with all the duties, 
 liabilities and responsibilities of said office who shall serve 
 until another co nptroller shall be elected by the people at 
 the next general election, and shall have duly qualified. Any 
 surplus remaing oi account of any apj.ropriation at the end 
 of any year may b3 applied as th3 coiiimon council may di- 
 rect. 
 
Title XVni. 
 
 295 
 
 Of Contracts. 
 
 § 4. All contracts for supplying the public lamps with gas, 
 except those in the public buildings, shall provide for the 
 lighting of the same, and for keeping them in repair by the 
 companies or pei-sons supplying such gas. 
 
 § 5. Whenever the mayor and comptroller shall certify that 
 the interests of the city requii-e certain work to be done with- 
 out calling for projx>sals, at an expense not to exceed one 
 thousand dollai-s, such work may be ordered by a two-thirds 
 vote of the common council, and the expense shall be paid 
 out of the appropriate fund to be designated when the work 
 is ordered to be done ; and, provided further, that whenever 
 the head of any proper department shall certify that it is 
 necessary for the best interests of the city, after a severe 
 snow storm, to remove the snow from one or more of the 
 principal thoroughfares or to immediately repair any damage 
 done by the elements, or otherwise, or to prevent such 
 damage or to prevent the spreading of disease or to 
 presene the public health, or to prevent ol' suppress a riot, 
 the mayor shall be empowered to authorize such department 
 to incur such liability in the premises on the part of the city 
 as may be necessary, and the common council shall order all 
 chai'ges incurred under this provision to be examined by the 
 auditor, and when audited to be paid by the comptroller out 
 of the appropriate fund, and in case no means shall have been 
 provided to cancel such liabihties, they shall be paid by the 
 comptroller out of the revenue fund. Supplies for any de- 
 partment needed for immediate use not exceeding upon any 
 one requisition in amount one thousand dollai's, for the 
 police and fire departments, and two hundred and fifty dollars 
 for the other departments on the requisition of such depart- 
 ment, with the appioval of the mayor, may be purchased by 
 the department requiring the same, and the supplies so pur- 
 chased shall be audited and paid for in the same manner and 
 from the same fund as though the same had been ordered 
 by the common council. 
 
 Chap. 582, Laws of 1894. 
 
 § 6. Whenever any fuel, furniture, books, stationery or 
 any other suj^phes or repairs to buildings or apparatus oc- 
 
Of Contracts. 
 
 296 
 
 Title XVin. 
 
 cupied, owned or used by the department of fire or the de- 
 partment of police and excise, shall have been duly ordered 
 by the common council the said department respectively 
 requiring such supplies or repairs, shaU advertise for pro- 
 posals in the newspapers for the same and open the bids and 
 award the contracts and execute and carry out said contracts 
 therefor in the same manner and with the same circum- 
 stances as the department of city works or common council 
 are authorized in this act in relation to needed work and im- 
 provement for other departments of said city : and with the 
 consent of the common council the department of police and 
 excise and the department of fire, respectively, shall pur- 
 chase such articles of supplies or cause such repairs to be 
 done as may be from time to time necessary to the efficiency 
 of said department, provided, however, that the expense 
 thereof shall not at any one time exceed the sum of one 
 thousand dollars. The bills for all such purchases made in 
 pursuance of the provisions of this section shall be certified 
 by the commissioner of the department, respectively, having 
 cognizance of the purchase, and upon being audited by the 
 auditor shall be paid by the comptroller. 
 
 Chap. 435, Laws of 1893. 
 
 See also Chap. 509, Laws of 1888, and Chap. 467, 
 Laws of 1888. 
 
TITLE XIX. 
 
 LOCAL IMPKOVEMENTS. 
 
 Section 1. The common council may, upon the petition of a 
 majority of the property owners, or of the owners of a majority 
 of the property to be affected, or by a three-fourths vote of 
 the board of aldermen and the consent of the mayor without 
 such petition, open, close, extend, widen, regulate, grade, 
 pave, regrade and repave roads, streets, lanes and ave- 
 nues, and cause public squares and parks to be opened, reg- 
 ulated, ornamented and perfected in the manner hereinafter 
 provided, and generally have such other improvements in 
 and about such streets, avenues and squares as the public 
 wants and convenience shall require. The expense of all 
 such improvements shall be assessed and be a lien on the 
 property benefited thereby, in proportion to the amount of 
 said benefit. In all cases where the common council shall 
 decide upon the grading and paving of any street or avenue, 
 they shall cause a sufficient number of culverts or drains to 
 be constructed under such street or avenue as may be neces- 
 sary to carry off the surface water of the lands which shed 
 theu' water across the line of such street or avenue. The 
 saia common council shall have power, with the consent of 
 the mayor, to lay out streets in said city and to place the 
 same on the commissioners' map, and to change said map by 
 closing and striking therefrom or altering the lines of any 
 street now on or hereafter placed on said map. 
 
 Chap. 674, Laws of 1893. 
 
 See Chap. 169, Laws of 1888. 
 
 § 2. Whenever the common council shall have declared, by 
 resolution, its intention to make any such improvement, or when 
 a petition shall be presented, the common council shall cause a 
 notice to be published in the corporation newspapers that 
 such application has been made, and of the time (which shall 
 not be less than twenty-five days after the first publication* 
 such notice), when they will proceed on such petition or reso- 
 
 *So in original. 
 
Local Improvements. 298 
 
 Title XIX. 
 
 lution, which notice shall be published daily in the corporar- 
 tion newspapers for two weeks successively ; and in case a re- 
 monstrance against the proposed improvement, signed by a 
 majority of the property owners to be affected within the dis- 
 trict of assessment, which shall be fixed by the common council 
 for said improvement shaU be presented to them on or before 
 the day specified in said notice, they shall not allow the said 
 improvement to be made, or proceed therein, but nothing in 
 this act contained shall be so construed as in any way to 
 affect the proceedings heretofore commenced by the common 
 council. 
 
 § 3. No proceedings shall be commenced by the common 
 council or by any of the officers of the city, to regulat(; and 
 grade, or to pave any street or avenue in said city, the ex- 
 pense of which shall impose upon any city lot of land an 
 assessment exceeding its value, independent of any erection 
 of buildings thereon, and which value shall be ascertained as 
 hereinafter provided. The term city lot, as used in this sec- 
 tion, shall be held to mean a lot or plot of land having a 
 frontage on the line of the improvement of not less than 
 twenty feet and a depth of not less than one hundred feet 
 from the line of the street to be improved, and containing an 
 area of not less than two thousand square feet. 
 
 Ch. 318, Laws of 1892. 
 
 See Ch. 56, Laws of 1892. 
 
 § 4. The common council shall lay out a district of assess- 
 ment in every case, before any other proceedings are had 
 therein, and shall cause a map to be made, on which map 
 shall be designated, by feet and inches as near as may be, the 
 several pieces of land and premises to be assessed for the 
 improvement, and shall estimate the expenses of any im- 
 provement or work referred to in the third section of this 
 title, and the assessors of the city shall ascertain the value 
 of the premises proposed to be assessed for such expenses, 
 stating how much of Said expenses is proposed to be assessed 
 upon each lot, and shall report the same to the common 
 council before any such improvement or work shall be or- 
 dered or determined upon by the said common council ; such 
 assessors shall at the same time report to the common coun- 
 
Title XIX. 
 
 299 Local Improvements. 
 
 cil, for their information, an estimate of the amount of ben- 
 efit which such lot will derive from such improvement ; but 
 such estimated benefit shall not be computed as a part of the 
 value of said lots for the basis of assessment referred to in 
 this act. 
 
 § 5. All persons so applying, and who shall have signed a 
 petition for eiuy such improvement, are hereby declared liable 
 for all charges and expenses which may accrue on such applica- 
 tion if the same is refused by the said common council ; a sum 
 sufficient to cover such expenses as may be determined by the 
 common council shall be deposited by tha persons so apply- 
 ing, with the treasurer. The sums so deposited shall be re- 
 turned to them if the improvement shall be ordered, and not 
 otherwise, except the surplus thereof after paying such ex- 
 penses. 
 
 § 6 If the common council shall determine that such im- 
 provement shall be made in accordance with the provisions 
 of this act, they may then proceed to order such improve- 
 ment or work to be done ; and the determination of the com- 
 mon council, in respect to all the facts to be ascertained for 
 the purpose of commencing and carrying on such proposed 
 improvement or work, shall be final and conclusive ; provided 
 that such action shall be in conformity with this act, and 
 that tne assessment for the expense of such improvement 
 shall be confined to the district of assessment laid out by the 
 common council as aforesaid. In no event shall any expense 
 for any improvement or work contemplated by the first and 
 second sections of this title be a charge against the City of 
 Brooklyn, except so far as said city may be the owner of 
 lands to be assessed for such work or improvement, and ex- 
 cept in cases of real property exempted from assessment for 
 local improvements under the provisions of section thirty- 
 two of title twenty-two of this act. 
 Chap. 255, laws of 1889. 
 
 § 7. Hereafter in the City of Brooklyn before any money 
 shall be expended, or any contract made for any grading or 
 paving, or for any local improvement whatsoever, except sew- 
 ering of any street or avenue, flagging or reflagging sidewalks 
 
Local Improvements. 300 
 
 Title XIX. 
 
 or fencing vacant lots, and immediately after the prospective 
 costs and expense thereof shall have been estimated by the 
 common council, and the board of assessors shall have made 
 their preliminary report thereon as provided in section four 
 of this title, the common council shall cause an assessment to 
 be laid by the board of assessors for the amount of such esti- 
 mated cost and expense, in the case of each local improvement 
 upon the district laid out therefor, but shall not include in such 
 assessment any amount for interest, nor for assessors' or 
 collectors' fees, and after the confirmation of such assessment 
 by the common council, the common council shall proceed to 
 cause the same to be collected, and on such confirmation such 
 assessment shall become and be a lien and charge on the 
 lands so assessed. All moneys collected on such assessment 
 shall be credited to the assessment fund aforesaid, and a 
 separate account shall be kept of each improvement. 
 Chap. 599, Laws of 1892. 
 
 § 8. Whenever one-third of the amount of any such assess- 
 ment shall have been collected, the common council may 
 authorize a contract for the work to be made by the depart- 
 ment of city wwks, provided, however, that no such contract 
 shall be made, unless the amount unappropriated of the said 
 assessment fund shall be sufficient to pay the cost of said 
 work as fixed by such contract. Upon the making of such 
 contract the comptroller shall appropriate and set apart so 
 much of the said assessment fund as shall be necessary to 
 pay the cost of said improvement. 
 
 § 9. Immediately upon the making of a contract for any 
 such local improvement the assessment therefor shall be 
 revised by the board of assessors, and if the estimate made 
 therefor shall have been greater than the actual cost of such 
 improvement, such excess shall be deducted from the 
 amounts assessed against the several parcels of land in the 
 district of assessment in the proportion of their respective 
 amounts, and if any part of such assessment shall have been 
 collected, the portion of such excess shall be refunded to the 
 person paying the same. If the cost of such improvement 
 shall be greater than the amount of the estimate made there- 
 for; the excess of such cost shall be added to said assessment 
 
Titie XIX. 
 
 301 Local Improvements. 
 
 and apportioned upon the several parcels of land according 
 to their respective proportions of the original assessment. 
 The board of assessors shall prepare a list showing the 
 amounts of such additions, and shall publish in the corpora- 
 tion newspapers for at least ten days, a notice of the time 
 and place when and where the same can be examined, and 
 objections made thereto, and after hearing such objections 
 shall make such corrections therein as they deem just, and 
 shall certify the. said additions as corrected upon the original 
 assessment-roll to the collector of taxes and assessments, and 
 thereupon the amounts so added shall become a part of such 
 original assessment, and shall be a lien on the lands assessed, 
 and shall be collected without any further warrant in the 
 same manner and with the same affect as if such amount had 
 been included in the estimate of said work. No rebate shall 
 be allowed upon any such assessment, and no such assess- 
 ment shall be returned to the registrar of arrears until one 
 year after the revision thereof, or one year after the commis- 
 sioner of the department of city works shall certify Upon the 
 original assessment-roll, or upon the abstract thereof, that 
 the said assessment does not need revision. 
 
 Chap. 599, Laws of 1892. 
 
 See Chap. 164, Laws of 1888. 
 
 § 10. No moneys collected upon such assessment levied 
 for one improvement shall be spent upon any other improve- 
 ment ; provided, however, that the moneys advanced from 
 the assessment fund shall be refunded from moneys collected 
 upon the assessment for the improvement upon account of 
 which the advance was made. Every such assessment shall 
 in all respects, so far as consistent herewith, be governed by 
 the same provisions and entitled to the same exemptions, and 
 be of the same force and effect as are the other assessments 
 laid in the City of Brooklyn for the various local improve- 
 ments provided for in this title. But nothing in this section 
 contained shall prevent the issuing of bonds for and the 
 completion of any local improvement heretofore authorized 
 by special act of the legislature ; nor shall the common coun- 
 cil or the department of health of said city be hereby de- 
 prived of any power which they possess to abate nuisances 
 and promote or protect the public health. 
 
Local Improvements. 302 
 
 Title XIX. 
 
 § 11. In the case of any such assessment, the common 
 council may, at any time before any contract shall be made 
 for any local improvement aforesaid (but not after such 
 time), cancel such assessment, and any and all proceedings 
 had relating thereto, or to the improvement for which the 
 same was laid, and in case of such cancellation, all moneys 
 paid for or on account of such assessment shall be refunded 
 to the person or persons who shall have paid the same, or to 
 the legal representatives of such person or persons. All pro- 
 ceedings for local improvements of the kind specified in sec- 
 tion seven of this title may be continued and completed, and 
 the assessments therefor made, revised, perfected, collected 
 and returned as provided in this title. 
 
 § 12. All expenses, chargeable in any proceeding hereafter 
 had for opening or widening any street or avenue in the City 
 of Brooklyn, for searcher's or surveyor's fees, shall be included 
 in the report of the Commissioners appointed for that 
 improvement, and shall thereafter be confirmed by the 
 Supreme Court at a regular or special term thereof; and no 
 such expense shall be due or payable unless included and 
 confirmed as herein required. 
 
 § 13. It shall be the duty of the department having in 
 charge any work, the cost of which is to be paid for by as- 
 sessment, to file, with the comptroller of said city, a certified 
 copy of the contract under which said work is to be done, 
 together with a copy of the resolution of the common coun- 
 cil directing the work under the contract to be done. Such 
 copies shall be filed with the comptroller, within five days 
 after contracts shall have been duly executed by the con- 
 tractor. 
 
 § 14. No assessment for flagging or reflagging sidewalks, 
 fencing vacant lots, digging down lots, or filling in sunken 
 lots, shall be levied and confirmed, or be a lien upon the prop- 
 erty to be assessed therefor, until after the work shall have 
 been completed according to the contract, and a certificate of 
 such completion, signed by the department having the mat- 
 ter in cherge, shall have been filed with the comptroller ; and 
 it is hereby declared to be the duty of the department hav- 
 
Title XIX. 
 
 303 Local Improvements, 
 
 ing the matter in charge, within five days after the comple- 
 tion of said work, to file said certificate, and also to furnish 
 the common council a statement of the items constitut- 
 ing the cost and expense of said work, together with the fees 
 and percentage now provided by law, and the filing of such 
 certificate shall l^e presumptive evidence that such work has 
 been completed according to contract. 
 
 § 15. The common council shall, after receiving the state- 
 ment mentioned in the preceding section, by resolution, 
 direct the board of assessors to apportion and assess the 
 amount thereof upon the several pieces or parcels of land 
 and premises benefited by the improvement in proportion to 
 the benefit derived thereby; and all subsequent proceedings 
 relative to levying, confirming and collecting any assessment 
 shall be as provided by this act, except that the board of 
 assessors shall, in their assessment lists or report, furnish an 
 estimate of the value of each separate piece or parcel of lands 
 assessed : and no assessment of any piece or parcel of land, 
 except for filling in lots, as provided for in title two, section 
 twelve of this act, shall exceed in amount the value thereof. 
 
 § 16 .After any contract for a local improvement shall have 
 been entered into, and a certified copy thereof shall have been 
 filed with the comptroller, in conformity with the thirteenth 
 section of this title, said comptroller is hereby authorized 
 and dh-ected to pay to the contractor or his assigns, from 
 time to time, as the work progresses (but not oftener than 
 once in each month), eighty per centum of the estimated 
 value of the work actually done under said contract, until the 
 same shall be completed. The estimate of the value of any 
 such work shall be signed by the surveyor, and also by the 
 department having the matter in charge, and approved by 
 the auditor ; and upon the final completion of any contract 
 and filing of the certificate of completion, signed by the offi- 
 cers above named, the comptroller shall, within thirty days 
 thereEifter, pay to the contractor or his assigns the balance of 
 the amount due under his said contract. 
 
 § 17. The amounts collected from any and all assessments 
 for local improvements, together with all defaults and interest 
 on the same, are hereby specially appropriated and set apart 
 
Xocal Improvements. 304 
 
 Title XIX. 
 
 for the payment of the principal and interest of the bonds 
 iflsned for making such local improvements. 
 
 :§ 18. In any case where an assessment for local improve- 
 imeat has been heretofore levied and confirmed, and the 
 whole ov a part of which remains unpaid, the common council 
 ©hall have power (if they shall be satisfied tnat injustice has 
 heretofore been done to the parties assessed), to direct a new 
 ^sessment to be levied for the amount remaining unpaid, 
 ^th the interest thereon. They may enlarge and extend 
 tTae district heretofore assessed as tbey may deem just and 
 equitable, and the board of assessors, in levying and assessing 
 ?5aid new assessment, shall credit to all parties who may have 
 paid the previous assessment the amount so paid by them, 
 respectively, and their property shall be liable only for tke 
 balance, if any, of the new assessment, over and above the 
 amount so paid by them respectively, and all proceedings for 
 levying, confirming and collecting said new assessment shall 
 be as is now provided by law 
 
 § 19. All streets and squares now opened, or used as such, 
 and streets and squares to be opened and widened by the 
 proceedings under these provisions, or to be ceded to and ac- 
 ^oepted by the common council, shall be under the jurisdic- 
 tion, management and control of said common council for the 
 purpose of making the improvements before mentioned, and 
 for all purposes mentioned in or necessary for the fully carry- 
 ing into effect all the provisions in this act, and the powers 
 . granted to the common council by this or any other act. 
 
 ;§ 20. If the common council shall deem it proper to cause 
 ' avenues, streets, squares or places to be opened, widened or 
 extended, they shall cause application to be made to the 
 supreme court, in the second department, at a general term 
 thereof, for the appointment of three persons as commissioners 
 to estimate the expense of said improvement, and the amount 
 tof damages to be sustained therefrom by the owners of lands 
 and buildings, and all other persons interested in the premi- 
 ses who may be affected thereby. The persons so appointed 
 -ekali not be interested in the improvement. The said court 
 ^may also appoint another or others to act in the place of any 
 
Title XIX. 
 
 305 Local Improvements^ 
 
 one or more of such commissioners who may die, decKn*^ 
 serving, remove from the city, be or become interested in tbe - 
 improvement, or from any cause may be disabled from serviug^^ . 
 
 § 21. The common council shall cause a map to be made, , 
 on v^^hich map shall be designated, by feet and inches^ asat^. 
 near as may be, the several pieces of land, buildings necesr-- 
 sary to be taken for the improvement, and of any residue of' 
 lots or pieces of land within the district of assessment, of 
 which lots and pieces of land only a part will be required ef . 
 the same for the purpose of said improvement ; and the map • 
 aforesaid shall form and constitute a part of the report of • 
 the said commissioners of estimate, and of the board of as^ - 
 sessors in relation to the said improvement, and shall be de- 
 posited with said reports respectively for examination in tin©- 
 office of the clerk of the County of Kings, and in the depart- 
 ment of city works, as hereinafter provided. In case them 
 shall be no ward maps showing the lots or pieces of IsoaHL 
 within the district of assessment, the map to be made as^- 
 aforesaid shall also show the several pieces of land with the-i 
 district of assessment. 
 
 § 22. The said commissioners shall be sworn before- sam^?- 
 officer authorized to administer oaths, faithfully and im- 
 partially to perform the duties which shall devolve upon them, 
 by virtue of said appointment, and shall then proceed witlt 
 all reasonable dihgence to make the estimate and assessmeiat ., 
 mentioned in the preceding section; and for this purpose they 
 shall have power to enter upon and examine any premises , 
 which, in their opinion, will be affected by said improvemeBi^. 
 to hear the proofs and allegations of the parties interested, afc 
 such time and place as they may appoint, and to continue • 
 such hearing by adjournment, from time to time, as ihjB^ ; 
 may deem proper. 
 
 § 23. The report of said commissioners shall be made in &^ 
 tabular form, with columns, in which shall be distinctly givem 
 the whole expense of the proposed improvement, and tfte^ 
 several items of such expense, the number on the map of the 
 pieces of land required for the improvement, and of any 
 residues within the district of assessment, of lots or pieces cjH^ 
 
Local Improvements. 306 Title XIX, 
 
 land of which only a part will be required for the same, the 
 names of persons interested in the property taken for the 
 improvement, and the nature of their interest, and the 
 amount awarded to the different parties, and so many and 
 such other different columns and tabular statements as may 
 be necessaiy to state the true interests of the parties in the 
 lands and premises, and their liabilities in relation thereto. 
 
 § 24. When a residue shall be left of any lot or lots neces- 
 sary to be taken for such improvement, the said commission- 
 ers may, in cases where injury or injustice would otherwise be 
 done, and with the consent, in wTiting, of the owner or own- 
 ers of such lot or lots, include the whole or any part of such 
 residue in their report (briefly describing the same), and es- 
 timate separately the value thereof. Every such residue or 
 part of a residue which shall be so included shall, upon the 
 confirmation of said report as hereinafter provided, and the 
 payment or tender of the amount at which the same shall 
 be so estimated to the owner or owners thereof, vest in fee 
 simple in the City of Brooklyn, w^hich shall thereupon sell 
 and dispose of the same at a price or prices not less than 
 the sum at which it shall have so estimated to the owner or 
 owners of the next adjacent land ; and if he or they shall 
 not, upon reasonable notice, to be determined by the com- 
 mon council, elect to take the same at such price or prices, 
 it shall be disposed of at public auction upon such notice as 
 the common council shall deem proper, for the best price or 
 prices that can be obtained for the same. In case the same 
 shall sell for a less sum than that at which its value w^as 
 estimated by the commissioners, the deficiency shall be 
 deemed a part of the general amount of loss and expense 
 arising from the improvement. And for the purpose of pro- 
 viding for the event of such deficiency, and for the payment 
 of the amount thereof, the commissioners shall include in the 
 estimate and assessment of the expense of such improve- 
 ment the estimated value of any such residue, or part of a 
 residue, which may be included as aforesaid in their report, 
 and upon the sale of the same, as above provided, the pro- 
 ceeds thereof shall be credited and allowed to each of the 
 persons assessed, in proportion to the amount of the respec- 
 tive assessments against them. 
 
Title XIX. 
 
 307 Local Improvements. 
 
 § 25. lu other cases in wbicl" part only of the land and 
 premises of any person or persons will be required for any 
 such proposed improvement, the fair estimated benefit to 
 be derived by him, her, or them, in common with others for 
 the same improvement, shall be assessed and be a lien upon 
 the residue of such land and premises, but such assess- 
 ments shall in no case exceed the value of such residue: and, 
 if, in the opinion of the court to whom the said report 
 shall be presented for confirmation, as hereinafter provided, 
 any assessment shall exceed such value, it shall be good 
 cause against confii-ming the report. 
 
 § 26. ^Yhen ail the land and premises of any person or 
 pei'sons wull be required for the contemplated improvement, 
 or where i^art only thereof will be required, and the esti- 
 mated damages to be sustained by the appropriation of 
 such part to the purpose thereof, shall exceed the fair esti- 
 mated benefit which in common with others, he, she or they 
 will derive from the said improvement the amount of the 
 estimated damages in the first case, and of the excess of such 
 estimated damages in the last, shall be assessed and be a 
 lien on other lands and premises, according to the estimated 
 benefit to be derived from the said improvement. 
 
 § 27. The said commissioners shall also estimate in their 
 said report, any damages, arising from the said improvements 
 which may be sustained by the owner or owners of any land 
 bounded on the public highway, by reason of the location of 
 the proposed street, avenue or square in such manner as to 
 interpose the land of any other person between such pro- 
 posed street, avenue or square, and the said highway ; and 
 the amount of such estimated damages shall be assessed and 
 be a lien on other lands and premises, according to the benefit 
 to be derived by them respectively from the said improve- 
 ment. 
 
 § 28. After said report shall be completed, it shall be filed 
 by the said commissioners in the office of the clerk of the 
 County of Kings. They shall then cause a Kotice to be pub- 
 lished that the same has been completed and filed, and that 
 they will meet at a time and place therein to be specified, not 
 less than ten days from the first publication of such notice, 
 
Local Improvements. 308 Title XIX. 
 
 to review their report. During that time the said report may 
 be examined, free of expense, by all persons interested ; and, 
 at the time and place so specified, any person may offer objec- 
 tions, in writing, to the said report, and accompany the same 
 with such affidavits as he may think proper. The said com- 
 missioners shall thereupon, or as soon as conveniently may be 
 thereafter, review their said report, and correct the same 
 where they shall deem it proper, and shall then again file the 
 same in the office of the clerk of the said County of Kings. 
 The common council shall then cause a notice to be published 
 in the corporation newspapers employed by the said corpora- 
 tion that the said report has been so completed and filed, and 
 that application will be made on behalf of the said common 
 council to the county court of the County of Kings, or to the 
 said supreme court, at one of the special terms thereof, the 
 same to be specified in such notice (and in either case not 
 less than ten days from the first publication thereof) to have 
 said report confirmed. During the said space of ten days^ 
 the said report shall remain open to the insjDection, free of 
 expense, of all persons interested ; and any such person may, 
 within that time, appeal from said report. Such appeal shall 
 be by notice, to be served on the clerk of said common coun- 
 cil within the period last mentioned, and at least six days 
 before the time at which the said report is to be presented to 
 the court for confirmation, which notice shall be accompanied 
 with copies of the affidavits which shall have been delivered 
 to the commissioners (if it shall be intended to use or refer 
 to copies thereof on such appeal), and also with a brief state- 
 ment in writing, of the grounds of objection to such report, 
 and of the manner in which it is contended that the same 
 ought to be altered. 
 
 § 29. Such appeal shall be heard by the court to which the 
 said report shall be presented for confirmation at the time 
 the same shall be so presented. Copies of the affidavits 
 which shall have been delivered and served as aforesaid (but 
 no others), may be read against confirming the said report, 
 and affidavits may also be read to sustain the same ; but na 
 <5ause against confirmation shall be heard, except an appeal 
 shall have been made in the manner provided in the preced- 
 
Title XIX. 
 
 309 Local Improvements. 
 
 ing section of this act. If no sufficient reason to the con- 
 trary shall appear to the court, they shall confirm the said 
 report ; or, if in their opinion, the same ought not to be con- 
 firmed, they may refuse so to do ; and in the event of such 
 refusal, they shall, in the proper case, refer it back for revis- 
 ion and correction to the same or other commissioners who 
 shall proceed to revise and correct the same, and cause it, or 
 a new report, to be filed in the office of the clerk of the said 
 •county. The common council shall thereupon cause a new 
 notice to be published in the manner required in the preced- 
 ing section of this act of the filing of such report, and of 
 their intention to apply for the confirmation thereof. The 
 said report may be appealed from within the time and in the 
 manner provided in the said section : and such appeal shall 
 be proceeded upon, and the said report again disposed of in 
 the manner directed by this section. And so often as any 
 such report shall be referred back for revision and correction, 
 the like proceedings shall be thereupon had as are provided 
 in this section upon the first reference back to the said com- 
 missioners. In cases, however, where the said court can, 
 they shall direct specific alteration to be made therein, and 
 such alterations shall be made in its presence or during the 
 same term, they may thereupon absolutely confirm the said 
 report without further notice. 
 
 § 30. The court to which any such report shall be pre- 
 sented for confirmation shall have power, in their discretion, 
 to award costs against the appellant in cases where the ap- 
 peal shall not be prosecuted or sustained. 
 
 § 31. Upon the confirmation of the report of the commis- 
 sioners of estimate of the expense of the improvement, it 
 shall, together with the map, be delivered to the board of 
 assessors of said city, whose duty it shall be to apportion and 
 assess the expenses of the improvement, as determined by the 
 report of the said commissioners, upon the lands and prem- 
 ises benefited, or intended to be benefited, by the improve- 
 ment, within the district of assessment, in proportion to the 
 benefit derived by such lands and premises respectively there- 
 by. The said board of assessors shall make their appor- 
 tionment and assessment in a report or list in tabulai' forms, 
 
Local Improvements. 3io Title XIX. 
 
 with columns, giving the numbers according to the ward map 
 or maps, of the pieces of land assessed for benefit : or when 
 there are no ward maps, according to the map made by order 
 of the common council for the pui-po^ of the improvement 
 as aforesaid, the names of the owners or occupants there- 
 of respectively, the amount assessed on each piece of land on 
 the different interests therein, the balance of awards to be 
 received by the different parties over their assessments, the 
 assessment to be paid by the owners of the pieces of land 
 assessed respectively, and by other persons interested there- 
 in, the balance of assessment to be paid by any such owner 
 or persons over any awards made to them respectively, and 
 such other statements as they may deem necessary to make. 
 And upon the completion of the report of said board of 
 assessors, the same proceedings shall be had in relation 
 thereto, in all respects, until the confirmation thereof by the 
 supreme court, as are required in relation to the report of 
 the commissioners of the estimate of the expense of the im- 
 provement by sections twenty-eight and twenty-nine of this 
 title : and all the provisions of said section for review, ap- 
 peal, revision, correction and confii-mation thereof, shall 
 apply thereto, except that the said report shall be filed in the 
 office of the department of city works, for examination, and 
 that if the court shall send the same back for revision and 
 con*ection, it shall be sent back to the board of assessors or 
 other commissioners of assessment. Upon the confirmation 
 of the report of assessment list of the said board of assessors, 
 and not until then, the rights of the owner or other parties 
 interested in the lands taken to the awards made to them 
 respectively shall become fixed, and the common council shall 
 be thereupon authorized to cause such improvements to be 
 made. In case any assessment list or report of the board of 
 assessors shall be afterward set aside or declared void for 
 irregularity or other cause which shall not affect the validity 
 of the awards made in the same improvement, it shall be the 
 duty of the boai'd of assessors to make out a new assessment 
 list or report in the manner therein provided, which further 
 report and the assessment therein, shall be subject, in all re- 
 spects, to the provisions in this section, and otherwise in this 
 act provided in relation to the original reports and the assess- 
 
Title XIX. 
 
 311 Local Improvements- 
 
 ments thereby made. If the said board of assessors shall, in- 
 stead of making out an assessment list, as aforesaid, merely 
 report that the lands and premises within the assessment dis- 
 trict are not benefited to the amount estimated by the said 
 commissioners for the expenses of the improvement, as the 
 said boai'd of assessors may and shall do, if, in their judg- 
 ment, such be the fact, the court shall, upon the presentation 
 of such report, for confirmation, order the proceedings for 
 said improvement to be discontinued, and thereupon all pro- 
 ceedings had in relation thereto shall be null and void, and 
 the city shall in no case be hable in relation thereto. It 
 shall be sufficient in making the awards and assessments for 
 damages or benefits under this act, or any special or other 
 act relating to laying out, opening, widening, or extending 
 any street., avenue, boulevard, pai'k or square in said city, for 
 the commissioners appointed or to be appointed, to make the 
 same, and for the board of assessors to state in their reports 
 respectively, the name or names of the parties interested in 
 each piece or pai-cel of land and buildings or other property 
 taken, and in the name or names of the owners or occupants 
 of each piece of land assessed for benefit as said names may 
 apjDear in the office of the collector of taxes, and all assess- 
 ments for benefit and taxes so made, shall be liens upon the 
 land in regard to which they shall be made, notwithstanding 
 any error in the names of the parties interested, owner or 
 owners or occupant, the same as if such name were correct. 
 If in any cases searches shall be necessary, it shall be the 
 duty of the attorney and counselor of the city to make them, 
 by virtue of his office as by this act provided, and in such 
 cases, the statutory fees of the register of the County of 
 Kings may be charged and no more, which shall be included 
 by the commissioner in the estimated expenses of such im- 
 provement for the benefit of the city. 
 
 § 32. The comptroller shall pay to the persons (or to attor- 
 neys or legal representatives of such) to whom damage may 
 have been awarded in such report, the amount of such dam- 
 ages, with interest at the rate of six per centum per annum 
 from a day thirty days subsequent to the day of confirmation 
 of the respective assessments, pro rata, as moneys on account 
 
Local Improvements. 312 
 
 Title XIX. 
 
 of such assessments, shall be received from the department 
 of collection. 
 
 § 33. The commissioners of estimate and aesessment, to be 
 appointed as aforesaid, shall be allowed four dollars each for 
 each and every day actually and necessarily employed about 
 their duties, not exceeding for the three commissioners collec- 
 tivelj' the sum of five hundred dollars, which, with the fees for 
 searches, and the expenses of said map, and the fees of the 
 clerks of the couii; for any service required by the provisions 
 of this title, and the collection and assessment fees as by this 
 act provided, shall be estimated as a part of the expense of 
 the improvement, and no otner expenses, besides the amount 
 awarded for damages, than those herein specified, shall be 
 included in any assessment. 
 
 § 34. In cases of opening, widening or extending any street, 
 avenue or square, road or highway, under the provisions of 
 this act, the county court of the County of Kings, or the 
 county judge thereof in term or vacation, or a justice of the 
 supreme court, shall have power, on application, to appoint 
 guardians for infants or incompetent persons, in the natui-e 
 of guardians ad litem, to protect their interests or prosecute 
 appeals, who shall be entitled to receive for their services and 
 attendance before the commissioners, and also on appeal, such 
 compensation as the court or a justice thereof may determine. 
 
 § 35. None of the provisions of any act of the legislature 
 of this State shall enable or permit any court to vacate or re- 
 lease any assessment, in fact or apparent, whether void or 
 voidable, on any property, for any local improvement in the 
 City of Brooklyn, otherwise than to reduce any such assess- 
 ment to the extent the same may have been in fact increased 
 in dollars or cents, by reason of fraud or irregularity, and in 
 no event shall that proportion of any such assessment which 
 is equivalent to the fair value of any actual local improvement 
 be thereby disturbed. 
 
 § 36. All assessments for improvement in said city, when 
 the same shall have been confirmed according to the provisions 
 of this act, shall constitute and be a lien upon the property 
 -assessed, from the time of such confirmation, which lien shall 
 
Title XIX. 
 
 313 Local Improvements. 
 
 have priority over all other liens and emcumbrances, except 
 liens for taxes and water rates. 
 
 § 37. The board of assessors shall, under such regulations 
 as they may adopt, and by at least three of their nuraber, 
 apportion and assess the expenses of regulating, grading or 
 paving, or regrading or repaving streets, and of constructing 
 wells and pumps, public cisterns, lamp-posts and lamps, flag- 
 ging sidewalks, fencing and filling in lots, and of all other 
 public improvements, except as in this act otherwise directed ; 
 and the commmon council shall proceed in regard to the as- 
 sessments therefor in the manner herein provided. 
 
 § 38. Upon a copy of the resolution of the common coun- 
 cil deciding to make any such improvement and fixing the 
 amount to be assessed for the expense thereof, certified by 
 the city clerk and approved by the mayor, being sent to the 
 board of assessors, they shall thereupon proceed to view the 
 premises, and shall assess the expense of said improvement 
 upon the several lots, pieces or parcels of land benefited, in 
 proportion to the benefit, which, in their opinion, the same 
 shall derive from, or in justice ought to be assessed, for the 
 said improvement. But whenever any of the lots, pieces or 
 parcels of land so benefited shall be under water and belong 
 to the State, the said board of assessors shall in respect to 
 such land make such assessment on the right, interest and 
 claim to and in the said land, of the person or persons who 
 may be entitled to a grant of such lands, from the commis- 
 sioners of the land office. And all the provisions of this act 
 applicable to said improvement, and the collection of the 
 assessments therefor, shall apply to such right, interest and 
 claim, and to the persons entitled to the same. Nothing 
 herein contained shall be construed so as to affect the title 
 of the State in or to the said lands ; but any person or per- 
 sons who shall take the title to said lands from the State, 
 and while the same remains unpaid, shall take the same 
 subject to the lien of said assessments ; provided that the 
 provisions herein contained shall be deemed to apply to 
 lands under water, lying in the eighth, tenth, twelfth and 
 twenty-second wards of the city, and to none others. 
 
Local Improvements. 3U 
 
 Title XIX. 
 
 § 39. The board of assessors shall make a report, in 
 writing, of the assessments so made, and before proceeding 
 to sign the same, shall give notice in the corporation news- 
 papers, which notice shall be published for ten days suc- 
 cessively, of the time and place when and where the parties 
 interested can be heard : and after hearing the parties, the 
 board of assessors shall proceed and complete the report and 
 sign the same, and return the said report with all objections 
 in wi'iting, which shall be presented to and left with them 
 by any of the parties interested, to the common council, who 
 shall refer the same, in case of any objections, in writing, to 
 the proper committee of the board. The said committee 
 shall publish a notice in the corporation newspapers for ten 
 days successively, to the parties interested, of the time and 
 place when and where they will meet to hear them on the 
 objections and report. 
 
 § 40. The said committee shall thereupon examine the 
 matter and report to the common council, and shall return 
 to them the said report of the board of assessors, with the 
 objections of the parties, together with the views and opin- 
 ions of the committee respecting the said report. 
 
 § 41. The common council shall thereupon examine the 
 matter, and may correct the said report and assessment, and 
 add any further sum for interest which may be required to 
 reimburse the city for interest due or to become due, on 
 account of bonds issued for the respective improvements, and 
 send it back to the board of assessors for reapportionment, 
 or may confirm the same, as they may deem just and 
 proper, and their confirmation in the matter shall be final 
 and conclusive. 
 
 § 42. The like proceedings shall be had when the report 
 of the board of assessors is sent back in the first instance. 
 
 § 43. If in the proceedings relative to any assessment or 
 assessments for local improvements in the City of Brooklyn, 
 or in the proceedings to collect the same, any fraud or legal 
 irregularity shall be alleged to have been committed, the the* 
 
 *So in original. 
 
Title XIX. 
 
 315 Local Improvements; 
 
 party aggrieved thereby may apply to a judge of the su- 
 preme court, in special term, who shall thereupon, upon due 
 notice to the counsel of the corporation proceed forthwith to 
 hear the proofs and allegations of the parties. If, upon such 
 hearing, it shall appear that the alleged fraud or irregularity 
 has been committed, w^hereby the expense of any local im- 
 provement has been unlawfully increased, the court shall 
 have authority to reduce the assessment by as much as it 
 shall have been increased by such fraud or irregularity, and 
 no proceedings shall be taken by virtue of this act to vacate 
 any assessment under which sales of the property assessed 
 have been made, nor shall any assessment be vacated for the 
 reason that the property assessed is described as in the name 
 of a person not the owner or occupant, unless the party pe- 
 titioning to have the same vacated shall show that he has 
 been aggrieved thereby, but any lands which may be dis- 
 charged from any lien pursuant to this section may be again 
 assessed in the manner provided by this title for the levying 
 of assessments, and the same shall be a lien upon the lands 
 so assessed. On the production of the certificate of the 
 judge, before whom the proceedings shall be had, that a 
 judgment vacating any assessment has been made by him, it 
 shall be the duty of the officer having charge of the assess- 
 ment lists to mark the assessment according to such certifi- 
 cate. Any person applying for relief, under the provisions 
 of this section, may embrace in one proceeding any or all 
 assessments, for local improvements, in which he is in- 
 terested. 
 
 § 44. In any unconfirmed assessment for local improve- 
 ment, when the amount assessed, or that would be assessed, 
 on any piece or parcel of land for its proportion of benefit, 
 shall exceed the amount limited by law relative to the value 
 of the land, the board of assessors shall ascertain if there are 
 parcels of land not included in the district of assessment,, 
 which, in the judgment of the board of assessors, may justly 
 and equitably be assessed for benefit because of such local 
 improvement, and if the board of assessors shall so find, they 
 shall report to the common council what additional lands 
 may, in their judgment, be assessed for benefit for such im^ 
 
Local Improvements. 316 
 
 Title XIX. 
 
 provement, and the common council shall thereupon enlarge 
 and extend the district theretofore assessed, or district to be 
 assessed, and shall direct the boai'd of assessors to apportion 
 and assess the amount to be assessed for such improvement 
 in conformity with the provisions of section fifteen of this title, 
 except that the district of assessment shall be the enlarged 
 district, as herein provided. But if the board of assessors 
 find that, in their judgment, there are lands not included in 
 the district of assessment, which may justly and equitably be 
 assessed for benefit because such local improvement, then 
 they shall proceed to apportion and assess the several pieces 
 or parcels of J and in the district already fixed, in proportion 
 to the benefit derived by the improvement, except that if the 
 amount that would be assessed to any piece or parcel of land 
 for its proportion of benefit shall exceed the amount 
 limited by law relative to the value (^f the land, then the 
 amount so exceeding such limit shall be deducted from the 
 assessment on such piece or parcel of land, and the amount 
 so deducted shall be reported to the common council by the 
 board of assessors, with their report of the assessment for 
 such local improvement, and thereupon the common council 
 may confirm the assessment as so reduced, and provide for 
 the deficiency caused by said reduction, by directing the 
 proper authorities to place an amount equal to such de- 
 ficiency in the annual tax levy. All assessments heretofore 
 laid in said city for any local improvement are hereby con- 
 firmed and the amount of the same is hereby levied as a tax 
 on the several pieces or parcels of land on which the same 
 has been heretofore assessed and apportioned, but the pro- 
 ceedings for collecting the same shall not be deemed to be in 
 any manner affected by this act. 
 
 § 45. The common council may take proceedings to fill up, 
 to grade an}^ sunken lots whenever a petition therefor shall be 
 presented, signed and duly sworn to by the owners of a ma- 
 jority of the property or a majority of the owners affected 
 thereby, and said proceedings shall be conducted in the same 
 manner as proceedings for the opening and improvement of 
 streets, except that the same may be taken whetner there are 
 or are not funds in the city treasury to pay for said work. 
 
Title XIX. 
 
 317 Local Improvements. 
 
 § 46. The whole cost of such improvement shall be assessed 
 on the lots so filled. 
 
 § 47. The contract shall be awarded to the lowest bidder, 
 who shall stipulate therein and as a part thereof that the con- 
 tractor shall in no event hold the city liable for the cost of 
 said work or any part thereof, but will rely solely for pay- 
 ment on the money derived from the collection of the assess- 
 ment for said work. 
 
 § 48. Such assessment shall be confirmed and become a 
 lien on the property within three months, after said work is 
 complete and accepted by the department of city works, or 
 within three months after a certificate of a city surveyor 
 shall be furnished to said board, and as the assessments are 
 received by the comptroller he shall pay over the same to the 
 contractor. 
 
I 
 
TITLE XX. 
 
 OF ELECTIONS. 
 
 Section 1. The board of elections of the City of Brooklyn 
 shall consist of four members, who shall be appointed by the 
 mayor of said city, and shall be known as commissioners of 
 election. The term of office of each of the members of such 
 board, appointed in the year eighteen hundred and ninety or 
 afterward, to fill a vacancy in the board as then appointed^ 
 shall continue until the first day of May, in the year eighteen 
 hundred and ninety-five, as now provided. On or within 
 thirty days after the first day of May in the year eighteen hun- 
 dred and ninety-five, and on, or within thirty days after the 
 first day of May in every fifth year thereafter, the mayor shall 
 appoint four commissioners of election, who shall constitute 
 such board of elections, each of whom shall be a resident and 
 voter of the City of Brooklyn, and not more than two of whom 
 shall be of the same political party. The term of office of 
 «ach commissioner of elections hereafter appointed, except 
 when appointed to fill a vacancy, shall be five years from the 
 first day of May of the year of such appointment, but any 
 <5ommissioner may continue to serve as such after the expira- 
 tion of his term until his successor shall be appointed and 
 shall have qualified. In case of the removal, resignation, or 
 death of any commissioner of elections, within thirty days 
 thereafter, his successor shall be appointed by the mayor for 
 the remainder of the term, the person so appointed to be of 
 like political faith and opinion with the commissioner whose 
 vacancy is to be filled. No person holding any public office* 
 of any kind, under either the United States, State, county, or 
 municipal government, excepting the office of notary public 
 or commissioner of deeds, nor any employee of any depart- 
 ment in said city shall be eligible as a commissioner of elec- 
 tions, and all votes cast at any general or special election for 
 any person who shall have served as commissioner of elections 
 during any portion of the three months immediately preced- 
 ing such election for any office, shall be absolutely void. Every 
 
r 
 
 Of Election. 320 , Title XX. 
 
 person who shall be appointed a commissioner of elections in 
 pursuance of the provisions of this title, shall before entering 
 upon the discharge of his duties, talie the oath of office pre- 
 scribed by law, before the city clerk of the City of Brooklyn. 
 
 § 2. The said board of elections shall have the power to 
 elect by a majority vote, or in case they cannot so elect to 
 select by lot one of its members president of the board. The 
 two commissioners of like political faith and opinion, shall 
 have power to appoint a clerk, and to remove him from office ; 
 and the remaining two commissioners shall have the power 
 to appoint auother clerk, and to remove him from office; and 
 the said board shall have the power to appoint such other 
 assistants, and to secure such room or rooms as may be neces-^ 
 sary for the transaction of their business. 
 
 ? 3. On or before the first day of September in any year 
 which they may deem it necessary so to do, the said board of 
 elections of the City of Brooklyn shall divide said city into 
 convenient election districts for the holding of all general 
 and special elections, and all elections of the officers of the 
 said city who are elected by the people. Each election dis- 
 trict of said city shall contain not more than three hundred 
 voters, and each district shall be entire within one ward. In 
 case the voters of any such district shall increase beyond 
 three hundred, then the said board of elections shall have 
 power to redistrict any ward where such increase occurs. 
 No election district in the city of Brooklyn shall be altered, 
 nor any new district created, after the first day of September 
 in anj' year. 
 
 § 4. As soon as the wards in said city shall be divided 
 into districts, the said board of elections shall immediately 
 publish the same by making a map or description of each 
 division, defining it by known boundaries, and keep such 
 map or description open for public inspection in the office of 
 the clerk of such city, and also by posting up copies of such 
 map on or before the fifteenth day of September, in each 
 year, in at least ten of the most public places in each election 
 district ; and the said board of elections shall also, prior to- 
 
Title XX, 
 
 321 
 
 Of Election. 
 
 every election, furnish copies of such map and description to 
 the registrars and inspectors of election in each district. 
 
 § 5. The board of elections of the City of Brooklyn, shall, 
 on the third Monday of September in each and every year, 
 designate and afterward publish, in the corporation news- 
 papers published in said city, on the days of such registra- 
 tration and the day of election, and on two days prior to 
 each of such days, including Sunday, the boundaries of each 
 election district and the places for holding the polls in said 
 city, and for the meeting of the said boards of registrars and 
 inspectors. But no building or part of a building shall be 
 designated as such place of registry or polling place, in any 
 part of which wine, beer, or intoxicating liquor is sold. 
 
 § 6. On or before the fifteenth day of September in each 
 year, the said board of elections shall appoint, for each elec- 
 tion district, two persons to serve as registrars of electors, 
 who shall also serve as and be inspectors of elections, on or 
 at any election. On or before the fifteenth day of October 
 in each year, they shall appoint, for each election district, two 
 other persons to serve as inspectors of elections, and four 
 persons to serve as canvassers, two persons to serve as poll 
 clerks, and two persons to serve as ballot clerks. In each 
 election district, one of the two regis trai'S, and one of the two 
 inspectors, and two of the four canvassers, and one of the two 
 poll clerks, and one of the two ballot clerks, shall be named 
 solely by the two commissioners of like political faith and 
 opinion on State and national issues, and shall belong to and 
 represent the political party represented by such commis- 
 sioners, and the remainirig registrar, inspectors, canvassers, 
 poll clerk and ballot clerk of such distiict shall be named 
 solely by the other two commissioners, and shall belong to 
 and represent the political party represented by such com- 
 missioners. Any registrar, inspector, canvasser, poU clerk, 
 or ballot clerk, may be removed or his appointment revoked 
 and another person of like political faith and opinion on State 
 and national issues, appointed in his place by the two com- 
 missioners by whom he was appointed : and any vacancy 
 occurring in either of said offices by reason of resignation or 
 inability to serve, may be filled in like manner by the two 
 
Of Election. 
 
 322 
 
 Title XX. 
 
 commissioners by whom the appointment to such office was 
 made, at any time before the opening of the polls on election 
 day. In case any poll clerk or ballot clerk appointed shall 
 fail to attend at the opening of the polls on election day, the 
 inspectors of like political faith may appoint one in his place; 
 and in case of any vacancy occurring during the voting or 
 canvassing of votes, such vacancy may be filled by the inspec- 
 tors or canvassers of like political faith, and the said inspec- 
 tors and canvassers and inspectors shall recognize as the only 
 proper and competent poll clerks and ballot clerks those per- 
 sons who shall produce the certificates of appointment bear- 
 ing the latest date, and none other. But in no case shall 
 both the poll clerks or ballot clerks or registrars, or more 
 than two of the persons serving as inspectors or canvassers 
 in any election district be of the same political faith and 
 opinion: and in- case of the appointment of a poll clerk or 
 ballot c^erk to fill a vacancy after the opening of the polls on 
 election day, as above provided, the chairman of the board 
 of inspectors or the chairman of the board of canvassers shall 
 administer the usual oath of office to such poll clerk or ballot 
 clerk before such poll clerk or ballot clerk shall enter upon 
 the discharge of his duties. 
 
 § 7. The said registrars of electors shall make the registry 
 hereinafter provided for, in the City of Brooklyn, and the said 
 registrars and inspectors shall hold the elections hereinafter- 
 mentioned, and preside at the same, and have and possess all 
 the powers and be subject to all the duties and liabilties of 
 inspectors of election. The registrars of each election dis- 
 trict shall meet at the place designated for holding the poll 
 therein at the next general election, on Tuesday, four weeks, 
 Wednesday of the third week and Friday and Saturday of 
 the second week preceding the day of the November election 
 of each year, for the purpose of registering the names of the 
 legal voters of such election district, and for this purpose they 
 shall organize themselves as a board of registry in each elec- 
 tion district, and appoint, or in case they cannot agree, select 
 by lot, one of their number as chairman of the board. The 
 said board shall be and remain in attendance on each of the 
 days above named at said designated place, from seven o'clock 
 
Title XX. 
 
 323 
 
 Of Election. 
 
 in the forenoon to ten o'clock in the afternoon, for the purpose 
 of making a list of all persons who are, or will be on the day 
 of the next election, qualified and entitled to vot« at such 
 election in said election district, under and in accordance 
 with the provisions of the constitution and laws of this State, 
 and who have pei-sonally appeared and asked to be regis- 
 tered. The name of no person, shall, at any time, be en- 
 tered ujxjn said registi-y unless the elector shall personally 
 appeal* before said registrai"S. Such list, when completed, 
 shall constitute and be known as the registry of electors of 
 said istiict. Every member of said board shall make a list 
 of qualified votei*s in the district, and enter therein, under 
 the heading of the street or avenue in which each voter re- 
 sides, his name, age, residence, and the duration of his resi- 
 dence in the State, in the county, and in the election distinct ; 
 and no pei*son shall be registered unless he be at the time or 
 will be on the day of the next election a resident and quali- 
 fie<l voter within the election district : and it shall be the 
 duty of the registrars receiving his name, if such person be 
 challenged, or in case such registrai-s shall have causae to 
 suspect such pei-son is not a resident of such district, or is 
 from any cause disqualified from voting therein, to adminis- 
 ter to him the same oath which the law prescribes shall be 
 administered to a challenged pei-son attempting to vote at a 
 regular election, and such registrar's shall make a memoran- 
 dum on the registry opposite the name of every pei*son who 
 has been thus sworn. The fact that such person hos been 
 thus sworn, shall not prevent his being* swora again if chal- 
 lenged for any cause when he attempts to vote at the next 
 election. It shall be the duty of every natiu'alized citizen, 
 before being registered, to produce to the registrars, if any 
 registrar shall require, his natiu'alization papers for their in- 
 spection and to make oath before them that he is the person 
 pui-porting to have been natui-alized by the papers so produced, 
 unless such citizen was naturalized previous to eighteen hun-' 
 dred and sixty-seven, and any person knowingly taking a 
 false oath before such registrars shall bj punished as for 
 wilful and corrupt perjury. If at any time on or prior to the 
 Thursday preceding the day of election, the board of regis- 
 trars in any election district shnll be satisfied that any per- 
 
Of Election. 
 
 324 
 
 Title XX. 
 
 sou otherwise eligible as a voter in the said city has by mis- 
 take been registered in the election district in which said 
 board shall have been and shall be serving, and shall be en- 
 titled to be rep^istered in another district in the same ward, 
 they shall strike his name from the said registry, and there- 
 upon give to such voter a certificate, signed by said board, 
 that his name has been stricken from their said registry on 
 account of such mistake, and on presentation of such certifi- 
 cate within the prescribed hours of their session, as herein 
 provided, to the registrars of the district where said voter, 
 according" to law, was duly entitled to be registered, his 
 name shall 1^8 entered on the registry in such district with 
 like force and effect as if he liad been originally registered 
 therein. If any person who has registered his name as a 
 voter shall change his residence to another district thirty 
 days or more before the election, he may present himself to 
 the registrars of the district in which he has registered and 
 state to them on oath that he has so changed his residence, 
 and the place to which he has removed. Such board of regis- 
 trai'S shall thereupon give him a certificate that his name has 
 been stricken off on account of such removal, and shall strike 
 his name off from the registry on which it hjis been entered ; 
 and on jjresentation of such certificate to the registrars of the 
 district to which he shall have so removed, at their final 
 meeting, on the Thursday preceding the daj- of election, his 
 name shall be entered on the registry in such district, with a 
 memorandum of such removal. 
 
 § 8. If any voter, after being registered, shall change his 
 place of residence within tue same election district, he may 
 appear before the board of registrars of that district at their 
 final meeting on the Thursday preceding the day of election, 
 or before the boai'd of inspectors on day of election: and state 
 to such board on oath that he has so changed his residence ; 
 and such board shall thereupon transfer such voters's name 
 upon their registry to its proper place under his new resi- 
 dence. 
 
 § 9. On the Monday next after the last of the four days 
 hereinbefore provided for the registration of voters the said 
 registrars of each election district shall make and complete 
 
Title XX. 
 
 325 
 
 Of Election. 
 
 four additional lists of said registry, and enter therein the 
 names of the persons registered, under the heading of the 
 streets or avenues in which they reside, their age, place of 
 residence in numerical order, length of time of residence in 
 the state, in the county and in the election district, and in a 
 column headed " remarks " if to be challenged, as follows : 
 
 Name of Street or Avenue 
 
 Resi- 
 dence, 
 
 
 
 IvCnph 
 
 resi- 
 dence 
 
 in 
 state. 
 
 Len^h 
 
 Lenph 
 
 
 number 
 
 Name of 
 
 
 
 Remarks. 
 
 or 
 
 
 .-A-ge. 
 
 residence 
 
 residence 
 
 
 other 
 
 Voter. 
 
 in the 
 
 in the 
 
 (to be challenged) 
 
 desig- 
 nation. 
 
 
 
 county. 
 
 district. 
 
 
 
 
 
 
 
 
 The said lists, when so completed, shall be signed and cer- 
 titied by each registrar. Two of the said lists shall be care- 
 fully preserved by the board of registrars for use on the day 
 of election, and the other two lists shall be delivered on the 
 following day to the board of elections, and it shall be the 
 duty of said board of elections to print and distribute for 
 each ward, respectively, fifty times as many copies of said 
 lists as there are districts in the ward, in phamphlet form, 
 so that each ward phamphlet shall contain the list of the 
 several election districts in each ward. It shall also be the 
 duty of the said board of elections to select and hire all polling 
 places and place them in proper order and condition ; to 
 furnish to the various election officers provided for in this 
 title, such registries, maps, books, blanks, instructions and 
 stationery as may be necessary for the proper discharge of 
 their duties. 
 
 See Chap. 355, Laws of 1890. 
 
 § 10. On the Thursday preceding the day of election it 
 shall be the duty of the registrars of each election district to 
 hold a meeting from eight o'clock in the forenoon to eleven 
 
Of Election. 
 
 326 
 
 Title XX. 
 
 o'clock in the efternoon, at the polliDg place of such district, 
 for revising and correcting the registries of electors, to re- 
 ceive testimonv and arrange for challenge at the polls, but 
 no name shall be added to or erased from any registry at such 
 meeting except on cei tificate from the board of elections, or 
 another board of registrars, as is herein provided. They shall 
 prepare four lists of the names added to the registry of the 
 district upon such certificates, which names shall be entered 
 in such lists under headings as hereinbefore provided for the 
 registries. Such lists shall be known as supplemental regis- 
 tries, two of them shall be retailed by tlje registrars for use 
 on the day of elestion, and the other two shall be delivered 
 ta the board of elections at or before noon of the Friday he- 
 fore the day of election. Such supplemental registry in each 
 district shall be considered and shall be a part of the regis- 
 try thereof. 
 
 11. It shall be the dutv of said registrtirs and said in- 
 spectors to act MS inspectors of elections in the districts 
 wherein they are ajipointed at the nest general election after 
 such appointment They shall together form a board of 
 inspectors of election by appointing, or in case they cannot 
 agree, selecting by lot one of their members to be chairman, 
 and shall also designati^ two of their nunjber at the opening 
 of the polls, who shall check the name of every voter voting 
 in such district, whose name is on the registry, and no vote 
 shall be received at any general election unless the name 
 of the pej son offering to vote be on the said registry, and 
 any person whose name is on th*^ registty may be chal- 
 len!?ed, and the same oaths shall l)e put as are n(»w pre- 
 scribed by law, and no person shall be permitted to vote 
 at any election in the City of Brooklyn unless his name shall 
 have been dulv registered in accordance with the provisions 
 of this title. It shall be their duty to l)e in constant at- 
 tendance during the hours allotted for the discharj^e of 
 th^ir duties. They shall p rform all the duties and pos- 
 sess all the powers of inspectors of election in the several 
 towns of this State, as now prescribed by law. The inspec- 
 tors shall cause the lapse of every hour to be entered upoA 
 the margin of the poll-lists, beginning at the opening of 
 
Title XX. 
 
 327 
 
 Of Election. 
 
 the polls, and continuing from hour to hour : by noting the 
 hour opposite the name of the respective voter, and causing 
 their chairman to sign his name under each entry, and shall 
 also enter the time of the closing of the polls opposite to the 
 name of the last voter. The compensation of the registrars, 
 as registrars, shall be five dollars for each day for six days 
 only, and the compensation of each inspector shall be five 
 dollars, and that of the poll-clerk shall be five dollars for the 
 election and five dollars for the canvass, and that of each of 
 the ballot clerks shall be five dollars, and each canvasser 
 shall receive five dollars for the canvass, and shall be exempt 
 from jury duty tor one year thereafter. The registrars and 
 the inspectors of election and canvassers in each election 
 district, while discharging any of the duties imposed upon 
 them by this title, shall have full power and authority, and 
 they are hereby required to preserve order and enforce 
 obedience to their lawful commands at and around the 
 place of registration or election duriug the day of any 
 registration, revision of registration, election or canvass, 
 estimate or return of votes, to keep the access to 
 such place open and unobstructed, to prevent and 
 suppress riots, tumult, violence, disorder and all 
 improper practices tending to the intimidation or 
 obstruction cf voters, the disturbance or interrup- 
 tion of the work of registration, revision of registration 
 or votiHg, or the canvass estimate or returns of votes, and 
 to protect the voters, challengers and persons designated to 
 watch the canvass of any ballots from intimidation or vio- 
 lence and the rej^istries, poll-books, boxes and ballots from 
 violence and fraud, and to appoint or deputize, if necessary, 
 one or more electors to communicate their orders and direc- 
 tions* and to assist in the enforcement thereof. 
 Chap. 234, Laws of 1893. 
 
 ? 12. The clerks of each poll shall enter upon the poll list 
 kept by them, in columns prepared for that purpose, first, 
 the residence, number and street of the person voting ; sec- 
 ond, the name of each person voting ; third, his age : fourth, 
 the number on the stub of the ballot received by him and 
 
 *So ill origiual. 
 
Of Election. 
 
 328 
 
 Title XX. 
 
 voted : and shall perform such duties as are imposed by law 
 on poll clerks in the City of Brooklyn. 
 
 § 13. The ballot clerks of each polling place shall receive 
 from the inspectors of such polling place all the official bal- 
 lots furnished therefor, at the opening of the polls thereof 
 and shall deliver one of each of the ballots to each voter, 
 when so directed by the inspectors, each of which ballots shall 
 have on the stub thereof, the same number, and they shall 
 each write their initials on the stub of each ballot, and shall 
 render and deliver to the board of elections the statement re- 
 quired by chapter two hundred and sixty-two of the laws of 
 eighteen hundred and ninety. 
 
 ^ 14. Upon the closing of the polls and immediately there- 
 after the board of inspectors shall securely seal the ballot box 
 and the box containing the unvoted ballots, and each of them, 
 and deliver the same together with the poll lists and regis- 
 tries of electors to the board of canvassers. 
 
 § 15. At least fifteen minutes before the closing of the poll 
 the board of canvassers shall meet and organize by electing 
 one of their members chairman ; they shall then receive the 
 key of the ballot box and the key of the box containing the 
 unvoted ballots from the police ; and it shall be their duty 
 in each election district to attend at the place of holding the 
 poll at the closing thereof ; they shall receive from the board 
 of inspectors of election the said ballot box and box contain- 
 ing the unvoted ballots, poll lists and registries of electors, 
 and as soon as the poll of any election shall have been finally 
 closed shall canvass and count the votes. Such canvass shall 
 be public, and shall not be adjourned or postponed until it 
 shall have been fully completed ; and such canvass shall be 
 commenced, conducted and completed, and the result stated 
 in the manner now provided by law. The ballots, immedi- 
 ately after the same shall be canvassed and counted, shall be 
 placed again by the canvassers in the ballot box from which 
 they were taken, except such as are attached to the returns 
 of the election ; and the canvassers shall place in the ballot 
 box with the ballots a certificate stating the number of votes 
 cast and the number of votes by them attached to the returns. 
 
Title XX. 
 
 329 
 
 Of Election. 
 
 of said election ; and said ballot box, after the tickets shall 
 be so replaced, shall be securely sealed up by the canvassers, 
 and shall then be deposited by them in the department of 
 police, and shall there be kept undisturbed and inviolate 
 until needed at the next election, unless requh'ed as evidence 
 in any court of record. If a greater number of ballots shall 
 be found in the box than is required by the corresponding 
 columns of the poll list, all the ballots shall be replaced in 
 the box, and one of the said canvassers, to be designated by 
 the board, shall, without seeing the same, and with his back 
 to the box, pubHcly draw out and destroy as many ballots 
 unopened as shall be equal to such excess ; but if two or 
 more ballots are so folded together as to present the appear- 
 ance of a single ballot they shall be destroyed if the whole 
 number of ballots exceed the whole number of votes deposi- 
 ted in the box in which such tickets are found, as shown by 
 the poll lists kept by the poll clerks. 
 
 § 16. The canvassers, when they shall have canvassed all 
 the ballots for the first candidate on the ticket, shall immedi- 
 ately announce the result, and send a written statement 
 thereof, subscribed with their names, to the ofi&cer in charge 
 of the police precinct in which the election district is located; 
 and that officer shall immediately transmit the result of such 
 statement to the head of the police department, and so on as 
 the canvass of each successive candidate is completed. Such 
 statement shall contain the total number of votes in such 
 ballot box, and the number of votes found therein for each 
 and every candidate. The officer receiving such statement 
 shall file it in his office, and it shall be regarded as presump- 
 tive evidence for the space of one year, of the facts therein, 
 stated in any court of this State, in any action or proceed- 
 ings. 
 
 § 17. Upon the completion of the canvass, the canvassers 
 shall make returns in triplicate, and shall within twenty- 
 four hours deposit them as follows, under a penalty of fifty 
 dollars, to be recovered as pro^dded in the nineteenth section 
 of this title : One copy shall be deposited with the boai'd of 
 elections, and one with the county clerk. The remaining 
 ^opy shall be deposited with the police department, by whom 
 
Of Election. 
 
 330 
 
 Title XX; 
 
 it shall be at once opened and its contents publicly an- 
 nounced on a bulletin board. It shall, also, under proper 
 regulations for its safekeeping, be open for the inspection of 
 any candidate. Poll clerks in the several election districts of 
 the City of Brooklyn shall file with the city clerk, county 
 clerk and police board, within twenty-four hours after the 
 completion of the canvass, a copy of their original tallies 
 from which the canvass is made up of the votes cast and 
 counted at the election, signed with their' respective names 
 and addresses and indorsed with the number of the election 
 district and ward. The poll lists shall within the same time 
 be filed, one with the board of elections and one with the 
 county clerk. Canvassers shall sign each page of each re- 
 turn, and shall seal the returns before filing them. The can- 
 vassers shall immediately after the completion of the can- 
 vass, burn without examination the ballots contained in the 
 box of unvoted ballots. 
 
 § 18. Each person who shall be appointed as registrar, 
 poll clerk, ballot clerk, inspector or canvasser of elections in 
 pursuance of the provisions of this title shall, before enter- 
 ing upon the discharge of his duties, t ike the oath now pre- 
 scribed by law for registrars, poll clerks, ballot clerks, inspec- 
 tors and canvassers of election resj)ectively before a member 
 of the board of elections or one of their clerks or as- 
 sistants, who are hereby authorized to administer such 
 oaths ; and the said registrars, poll clerks, ballot clerks, in- 
 spectors and canvassers shall file the same with the said 
 board within five days after receiving notice of their appoint- 
 ments, except in case of appointments made to fill vacan- 
 cies ; and in such case each person appointed shall take such 
 oath, and file the same in the office of the board within 
 twenty-four hours after receiving notice of his appointment, 
 and such appointment shall be from the same political party 
 as the person in whose place he was appointed. In case any 
 vacancy occurs among the inspectors or canvassers after the 
 opening of the polls on the day of election, it shall be filled 
 by the remaining member of like political faith of said 
 boards respectively, by appointing some suitable person of 
 the same political faith as the person whose place is to be so 
 
Title XX. 
 
 ^31 
 
 Of Election. 
 
 filled. Ana in case of the appointment of an inspector or 
 canvasser to fill a vacancy, after the opening of the polls on 
 election day, as above provided, the chairman of the board of 
 inspectors or the chairman of the board of canvassers, shall 
 administer the usual oath of office to the inspector or can- 
 vasser so appointed, before such inspector or convasser shall 
 enter upon the discharge of his duties. 
 
 § 19 Every person appointed as registrar, poll clerk, bal- 
 lot clerk, canvasser or inspector of election, failing to take 
 and file the oath of office as hereinbefore provided, or who 
 shall willfully neglect or refuse to discbarge the duties of 
 such registrar or canvasser, inspector, poll clerk or ballot 
 clerk, shall, unless excused by the board of elections, be liable 
 to a penalt}' of one hundred dollars, to be sued for and re- 
 covered by said board in any court of record, in the name of 
 the City of Brooklyn, for the use and benefit of the city 
 treasury ; and any registrar, inspector, canvasser, poll clerk 
 or ballot clerk who, being removed for any cause, shall fail 
 upon demand to deliver over to his successor the registry 
 list, or any tally sheet, book, paper, memorandum or docu- 
 ment relating to the election, so far as he has made it, shall 
 be liable to a like penalty of one hundred dollars, to be re- 
 covered in the same manner. 
 
 § 20. Any registrar, inspector or canvasser of elections, poll 
 clerk or ballot clerk, who shall willfully absent himself from 
 his duties shall be guilty of a misdemeanor, and on convic- 
 tion thereof shall be punished by imprisonment in the county 
 jail for not less than thirty days and not to exceed sixty 
 days ; and any person knowingly acting as registrar, inspec- 
 tor, poll clerk, ballot clerk or canvasser of elections without 
 the qualifications herein prescribed, shall on conviction thereof 
 be deemed guilty of a misdemeanor and shall be punished 
 in a like manner. 
 
 § 21. Any person who shall knowingly make any false 
 statement to any board of registrars or inspectors shall be 
 deemed guilty of a misdemeanor, and shall, upon conviction 
 thereof, be punished by imprisonment in the county jail for 
 not less than thirty days and not to exceed three months. 
 
Of Election. 
 
 332 
 
 Title XX. 
 
 § 22. Any registrar who shall register the name of any 
 person knowing him not to be entitled to be so registered, or 
 any person who shall cause his name to be registered in more 
 than one election district, except only to correct a mistake, as 
 herein provided, or who shall cause his name to be registered, 
 knowing that he is not a qualified voter in the district where 
 such registry is made, or who shall falsely personate any 
 registered voter or register or attempt to register, or vote or 
 offer to vote under a false name shall upon conviction, be 
 imprisioned in the state prison for not less than one year nor 
 more than two years. 
 
 § 23. Any person who shall mingle or attempt to mingle 
 any ballot or ballots that have not been voted with any 
 ballots that have been voted, with intent to prevent 
 a correct canvass, or who shall destroy or remove any 
 ballot that has been voted with like intention, or who shall 
 abstract or in any respect forge, alter or destroy, or make way 
 with any registry, certificate count, tally, statement or return, 
 or any writing required to be kept by this title or by any of 
 the laws of this State, relating to elections, or any officer of 
 elections, or person acting as such, who shall willfully refuse 
 or neglect to deposit in the proper ballot box any ballot 
 offered to him by any person for that purpose, unless for just 
 cause he immediately return it to such person, or shall falsely 
 count, read or tally any name or names on any ticket that has 
 been voted, or falsely announce the number of tickets or 
 ballots any person has voted, or the result of any canvass; or 
 shall knowingly deposit it in the box ballots offered by per- 
 sons who are not registered, or shall make any return or 
 statement required by this act, or by any of the laws of this 
 State relating to elections, knowing the same to be untrue, 
 or shall be guilty of any fraud, in the execution or the duties 
 of such office, shall on conviction be punished by imprison- 
 ment in a state prison for not less than one or more than 
 three years. The term " officers of election," used in this 
 section shall apply to £ind embrace registi'ars, inspectors, can- 
 vassers, poll clerks and ballot clerks, and all persons who shall 
 act in either of such capacities. 
 
Title XX. 
 
 333 
 
 Of Election. 
 
 § 24. No person shall be appointed as registrar, inspector 
 of elections, canvasser, poll clerk or ballot clerk unless he 
 shall be at the time of his appointment a qualified voter in, 
 and resident of the ward containing the election district for 
 •which he may be appointed, and able to read, write and 
 speak the EngUsh language. And no person shall be so ap- 
 pointed who shall hold at the time of appointment any public 
 office or place of public trust (except that of a notary public 
 or commissioner of deeds, or a registrar, inspector, canvasser, 
 poll clerk or ballot clerk under this title), whether elected or 
 appointed thereto, or who shall be at such time employed in 
 any public office, or by any public officer, whose services are 
 paid for out of the public moneys, or who shall be a candi- 
 date for any public office at the election for which he is to 
 serve. And any person appointed as such registrar, inspec- 
 tor, poll clerk, ballot clerk or canvasser who shall be ap- 
 pointed or elected to, or accept or become a candidate for 
 such public office or such employment therein, or by any 
 public officer aforesaid, shall immediately thereupon cease to 
 be such registrar, inspector, poll clerk, ballot clerk or can- 
 vasser, and the place of such registrar, inspector, poll clerk, 
 ballot clerk or canvasser shall thereupon be filled by the said 
 members of the board of elections as hereinbefore provided 
 for the filling of vacancies by said members of the board of 
 elections respectively. 
 
 § 25. It shall be unlawful for any registrar, inspector, 
 canvasser or poll clerk to distribute or offer to distribute, or 
 give out any ballots, tickets or vote to any person during 
 the time the polls shall be open with the intent or for the 
 purpose that the same shall or may be voted ; or to have in 
 his possession or within his control any ballot or ballots, 
 ticket or tickets, vote or votes, except in the lawful dis- 
 charge of his duty as prescribed by this title; and by chap- 
 ter two hundred and sixty-two, of the laws of eighteen hun- 
 dred and ninety ; provided, however, that nothing herein 
 <x)ntained shall be deemed to prohibit such officer from 
 lawfully exercising his individual right to vote. No can- 
 vasser shall, during any portion of the canvass of the votes, 
 have in his possession or within his control, any ballot, 
 
Of Election. 
 
 334 
 
 Title XX. 
 
 ticket or votes, except in the lawful dischar^?e of his duty 
 as prescribed in this title. Each voter shall be admitted 
 into the room where the votes are received when he deposits 
 his ballot, and the ballot box to be so placed that it and 
 its contents shall be visible at all times during the day 
 and until the counting of the ballots shall be completed, to 
 any persons who are voting, and to those who are watching 
 the voting and the counting of the ballots. Any person 
 convicted of a violation of any of the provisions of this sec- 
 tion shall be deemed guilty of a misdemeanor, and on con- 
 viction thereof, shall be punished by imprisonment in the 
 county jail for not less than three nor more than tw^elve 
 months. 
 
 § 26. The salaries of said board of elections and their 
 clerks, and the necessary expenses of said board and the 
 legal compensation of all registrars, inspectors and can- 
 vassers of election, poll clerks and ballot clerks ; the cost and 
 expenses of all necessary election notices, posters, maps, ad- 
 vertisements, registries, books, pamphlets, blanks, official and 
 sample ballots and stationery, the rent and cost of fitting up. 
 warming, lighting, cleaning, and safe keeping of all places of 
 registration, revision of registration, and polling places, the 
 building, care of and repairing of voting booths and build- 
 ings for registering and polling places, together with guard 
 rails and all furniture appertaining thereto, of furnishing, 
 repairing, storing and carting ballot boxes, buildings, booths, 
 guard rails and furniture, and all supplies of every kind and 
 nature for all elections in the City of Brooklyn, and insui'ance 
 to such an amount as to the said board may seem just on 
 buUdings, booths, ballot boxes and furniture, shall be a city 
 charge and shall, upon proper certificate and vouchers, after 
 being audited by the auditor of the City of Brooklyn, be paid 
 by the comptroller of said city. Said board of elections may 
 make requisitions on the comptroller for such sums as shall 
 be necessary for such payments. Each commissioner of elec- 
 tions shall be paid for his services at the rate of four thousand 
 dollars a year, and the clerks shall receive a salary to bo fixed 
 by the board at a rate not exceeding two thousand dollars a 
 year. 
 
Title XX. 
 
 335 
 
 Of Election. 
 
 ? 27. Whoever during the silting of any board of regis- 
 trars, inspectors, or canvassers of elections in any election 
 district in the City of Brooklyn, whether held for the purpose 
 of registration, revision of registration, reception or canvass 
 of votes, or of making returns thereof shall bring, take, 
 order or send into, or shall cause to be taken, brought, 
 ordered or sent into, or shall attempt to bring, take or send 
 into any place of rejjistration, or revision of registration, or 
 of election, any distilled or spirituous liquors whatever, or 
 shall at any such time and place drink or partake of such 
 liquors, shall be deemed guilty of a misdemeanor. 
 
 § 28. On the Monday, Tuesday, Wednesday and Thursday of 
 the week immediately preceding any general election the board 
 of elections shall be in session at their rooms from nine o'clock 
 in the forenoon until nine o'clock in the afternoon of each of 
 such da\s, at each of which sessions at least two members of 
 the board, being of different political f aith and opinion, shall be 
 present. At any such session of the board any naturalized citi- 
 zen who may have been naturalized on any day subsequent to 
 the last day of registration and ten days before the day of elec- 
 tion, or who has failed to register because of the error or mis- 
 take of anv board of registrars, may appear before said board of 
 elections and make application for a registration certificate. 
 Every such applicant shall make an affidavit before one of 
 the commissioners of election, they being hereby authorized 
 to administer such oaths, wherein he shall set forth his name, 
 his residence, his age, the length of time of his residence in 
 the State, the county, and the election district in which he 
 desires to be registered, the date of his naturalization if a 
 naturrilized citizen, and the reasons of his ha^g failed to 
 register ; and in addition to such facts, he shall answer such 
 questions in relation thereto as either commissioner may ask, 
 and such answers, if so required by either commissioner, shall 
 be included in such affidavit. If from such affidavit it ap- 
 pears that the appHcant is or on the day of election will be a 
 duly quahfied voter and is entitled to be registered, and has 
 failed to register for the reasons hereinbefore set forth, any 
 two commissioners of elections, being of different political 
 faith and opinion may grant and give to him a registration 
 
Of Election. 
 
 336 
 
 Title XX. 
 
 certificate. Every such registration certificate shall bft 
 addressed to the registrars of the election district wherein 
 the applicant is entitled to be registered, and shall state the 
 applicant's name, residence, age, and the length of time of 
 his residence in the State, county and the election district, 
 and shall direct the said registrars to register the person 
 named therein upon presentation to them by him in person 
 of such certificate, and shall be signed by each of the com- 
 missioners granting the same. Upon such personal presen- 
 tation of any such registration certificate to the registrars of 
 the proper election district, at tlif^ir meeting on the Thursday 
 preceding the day of election, they shall register the person 
 named therein, and enfrer his name in the supplemental reg- 
 istry as hereinbefore provided. 
 
 § 29. The board of elections shall keep an alphabetical list 
 of the names of all persons to whom registration certificates 
 are given, in which list shall be stated, opposite each name, 
 the date of the certificate, the number of the ward and the 
 election district to which directed, and the names or initials 
 of the commissioners granting the same. Every such regis- 
 tration certificate, upon which the person named therein has 
 been registered, shall be retained by the registrars receiving 
 the same, and by them returned to the board of elections on 
 the Friday preceding the day of election, and such certificate 
 shall be preserved by the board of elections at least one year. 
 
 § 30. It shall be the duty of the board of elections to pub- 
 lish the several notices and advertisements in relation to any 
 election which are now required by law to be published by 
 any official or board in the City of Brooklyn. 
 
 § 31. If any special election shall be ordered in the City 
 of Brooklyn, it shall be the duty of the board of registry, 
 within the district in which such special election is to be 
 held, to meet on the Tuesday preceding such special election, 
 from eight in the forenoon to eleven o'clock in the evening, 
 for the purpose of revising and correcting the registries. 
 And at such meeting they may add to the registries the 
 names of all unregistered persons who would be entitled to 
 vote at such special election, as provided in the ninth section 
 
Title XX. 
 
 337 
 
 Of Election. 
 
 of this title, each in his proper district and on proper certifi - 
 cate, as provided for in section seven of this title, the names 
 of any persons who have changed their residence since the 
 previous registry. 
 
 § 32. The chairman of each board of registrars, inspectors 
 and canvassers shall, within twenty-four hours after any elec- 
 tion, furnish to the board of elections, under his hand, a cer- 
 tificate stating the days of actual service of each member of 
 such board under this title ; and the chairman of the board 
 of canvassers shall also furnish to each canvasser a certificate 
 of his services as such canvasser, which shall entitle him to 
 exemption from jury service for a period of one year from its 
 date. If his certificate shall be willfully false, he shall be 
 liable to a penalty of one hundred dollars. 
 
 § 33. The powers of appointment hereinbefore given to, and 
 any duty required to be performed by, the two members of 
 said board of elections of like political faith and opinion shall 
 vest in and be exercised by one of said two members, in case 
 of the death, resignation or other inability to serve, of his 
 colleague in political faith and opinion. 
 
 § 34. All acts and parts of acts inconsistent with this act, 
 so far as the same are applicable to the City of Brooklyn, are 
 hereby repealed. 
 
 § 35. This act shall take effect immediately. 
 
 See Chap. 355, Laws of 1890, Sees. 7, 9 and 11 ; 
 this entire title is amended by Chap. 236, Laws of 1891. 
 See General Election law, Ch. 680, Laws of 1892. 
 See Chap. 275, Laws of 1894. 
 
TITLE XXI 
 
 COURTS OF JUSTICE OF THE PEACE AND POLICE 
 COURTS. 
 
 Section 1. The City of Brooklyn is hereby divided into three 
 judicial districts as follows : The first district shall embrace 
 the territory now embraced in the first, second, fifth, sixth, 
 eighth, tenth and twelfth wards. The second district shall 
 embrace territory row embraced in the third, fourth, seventh, 
 ninth, eleventh, twentieth, twenty-first, t wen tj'- second, twtnty- 
 third, twenty -fourth, twenty fifth and twentj^-sixth wards. 
 The third district shall embrace the territory now embraced 
 in the thirteenth, fourteenth, fifteenth, sixteenth, seventeenth, 
 eighteenth and nineteenth wards. 
 
 § 2. Tiie justices of the peace elected under this act shall 
 hold court in the judicial districts for which they shall have 
 been elected, and in no other, except that in case any jnstice 
 shall be absent or unable to hold court, any other justice of 
 the peace in said city may, upon request of the justice or 
 clerk of said court, hold court in his stead pending such ab- 
 sence or disability : and when so holding court such justice 
 shall have the same jurisdiction in all cases as the justices 
 regularly holding such court, except that when any testi- 
 mony shall have been taken he shall not try the matter at 
 issue or render judgment therein. This is hereby declared 
 to be in lieu of all other acts which provide for the elections 
 of justices of the peace in the City of Brooklyn, or for hold- 
 ing such justice's courts other than those provided by this 
 act, and all designations of such courts by district numbers 
 and all boundaries of the same, except as provided for in this 
 act, are hereby abohshed. 
 
 § 3 It shall be the duty of the board of elections of th6 
 
Of Courts. 
 
 340 
 
 Title XXI. 
 
 City of Brooklyn, whenever justices of the peace are to be 
 elected, to provide at every polling place within said city a 
 separate ballot box for the reception of the ballots for the 
 said justices, which ballot box shall be labeled Judiciary 
 City :" such ballots shall be in the form prescribed by law 
 and shall have thereon the designation " For Justices of the 
 Peace," the names of the persons to be voted for, with the 
 numbers of the districts, and shall be endorsed " Judiciary — 
 City." 
 
 S 4. The term of office of the justices of the peace to be 
 elected pursuant to the provisions of this act, shall be four 
 years, and at the general election next preceding the expira- 
 tion of their respective terms of office, and every four years 
 thereafter their successors shall be chosen in the manner 
 herein provided. They shall each receive a salary of four 
 thousand five hundred dollars per annum. No justice of the 
 peace elected under the provisions of this act, and no police 
 justice appointed as hereinafter provided, shall receive any 
 other fee or compensation than the salary provided for here- 
 in. The justices of the peace elected pursuant to this act 
 shall have and exercise such jurisdiction and powers, and 
 perform such duties as are designated by the code of crim- 
 inal procedure and the code of civil procedure, to be exer- 
 cised and performed by justices of the peace. 
 
 As to salary of justices of the peace, see Chap. 103, 
 Laws of 1888. 
 
 § 5. Any person shall be qualified and eligible for election 
 to the said office of justice of the peace, who shall at the 
 time of such election be a resident and elector in the City of 
 Brooklyn. 
 
 § 6. All civil actions brought before justices of the peace 
 elected pursuant to the provisions of this act, except those 
 brought by non-residents, must be brought in the judicial 
 district in which either one of the plaintiffs or one of the 
 defendants resides, or in an adjoining district. All sum- 
 mary proceedings for the recovery of the possession of land 
 must be brought in the judicial district in which the land, 
 or a portion thereof, is situated, which is sought to be re- 
 
Title XXI. 341 
 
 Of Courts. 
 
 covered, or in an adjoining district. The clerks, and the 
 clerks only, of the respective justices and police courts are 
 hereby required to collect and pay into the city treasury all 
 fees, fines, penalties and all fees in summary proceedings, 
 keep a docket of all such cases, and report the same to the 
 comptroller. All actions upon the charter or ordinances of 
 the corporation of the City of Brooklyn, or of any depart- 
 ment thereof, which shall be brought in a court of a justice of 
 the peace or of a police justice, shall be brought in the 
 judicial district in which the ofi:ence is alleged to have been 
 committed, or in an adjoining district. Any justice of the 
 peace in said city may issue warrants for any alleged crim- 
 inal offense within said city ; but such warrants must be re- 
 turnable before a justice of the peace or a police justice in 
 the judicial district in which the offense is alleged to have 
 been committed, or in an adjoining district. The foregoing 
 provisions of this section shall apply only to the justices and 
 the courts held by justices elected or appointed pursuant to 
 the provisions of this act. The clerks of the said courts shall 
 have the power to adjourn summary proceedings for the re- 
 covery of the possession of land, in the absence of the jus- 
 tice, not to exceed two days at any one adjournment, nor six 
 days in the aggregate in any one case. 
 
 § 7. All proceedings brought by or on behalf of the 
 County of Kings, in cases of abandonment or bastardy; may 
 be brought before any justice of the peace or police justice 
 in said city in the same manner as such cases are now en- 
 titled to be brought before justices of the peace in said city, 
 and such justices shall have concurrent jurisdiction in such 
 cases. 
 
 § 8. The common council of said city are hereby author- 
 ized to lease court-rooms for the use of the justices of the 
 peace and police justices, for a term of years not to exceed 
 five at any one time. 
 
 § 9. There shall be no justices of the peace or police jus- 
 tice hereafter elected in the City of Brooklyn, except in the 
 place of justices of the peace chosen at the general election 
 in eighteen hundred and seventy-nine, and their successors. 
 
Of Courts. 
 
 342 
 
 Title XXI. 
 
 § 10. There shall be in the City of Brooklyn four local in- 
 ferior courts to be known as police courts. One of said 
 courts shall be located in the city hall building, or at such 
 other place in the vicinity thereof as the common council may 
 determine ; and one in each judicial district, at such place as 
 the common council may detemine. The justices of said 
 police courts shall be designated police justices, and be ap- 
 pointed as hereinafter provided. They shall have the same 
 powers and privileges, the same jurisdiction, perform the 
 same duties, and be subject to the same laws as are ap- 
 plicable to the police justices in said city at the passage of 
 this act, and shall receive a salary at the rate of five thou- 
 sand dollars per year, and their term of office shall be for 
 four years. 
 
 The appointment of two additional police justices pro- 
 vided for by Chap. 295, Laws of 1891. 
 
 Appointment of police justice in the territory 
 formerly comprising the town of Gravesend provided 
 for by Cbap. 449, Laws of 1894. 
 
 Appointment of police justices for the territory 
 formerly comprising the town of Flatbush pro^dded for 
 Chap. 356, Laws of 1894. 
 
 § 11. On the second Tuesday in July next preceding each 
 expiration of the respective terms of office of police justices, 
 the mayor, comptroller and auditor shall meet in the office 
 of the comptroller, at twelve o'clock noon, and shall, by a 
 concurrent vote, proceed to appoint successors to said police 
 justices, and shall designate one of such police justices to 
 hold court at or near the city hall, and one police justice to 
 hold court in each judicial district as created by this act. 
 In case the said mayor, comptroller and auditor shall fail to 
 agree within five days after a majority of them shall have 
 first met for that purpose then the mayor shall appoint one, 
 the comptroller shall appoint one, the auditor shall ap- 
 point one, and a majority of said mayor, comptroller and 
 auditor shall appoint one of said police justices, and in that 
 case a majority shall designate the courts to be held by such 
 justices as above provided. They or a majority of them shall 
 also appoint a police justice to fill any vacancy which may 
 occur. The said mayor, comptroller and auditor, or a major- 
 ity of them, shall subscribe to duplicate certificates of each 
 
Title XXI. 
 
 343 
 
 Of Courts. 
 
 appointment of police justices, one of which certificates shall 
 be filed in the office of the city clerk, and one in the office 
 of the county clerk of Kings County. Each person so ap- 
 pointed shall, within twenty days after receiving notice of 
 such appointment, take the oath of office and file a bond in 
 the sum of twenty-five hundred dollars, to be approved by 
 the comptroller, in the office of the city clerk, which shall be 
 deemed an acceptance of such appointment. 
 
 ^ 12. The police justices appointed in said city shall take 
 office on the first day of May,* and shall hold office until 
 their successors are duly appointed and qualified, which suc- 
 cessors shall be appointed as provided in section eleven of 
 this title. In case of a vacancy in the office of police justice 
 in said city, the vacancy shall be filled, as provided in section 
 eleven of this title, uDtil the expiration of the term during^ 
 which the vacancy occurs. In case of a vacancy in the office 
 of justice of the peace in said city, such vacancy shall be 
 filled by the mayor until the next general election. 
 
 § 13. The board of police and excise shall cause all persons 
 arrested by authority of that department, or by any of its 
 officers, except upon a warrant issued by a justice of the peace 
 to be conveyed, in the manner now provided b}' law, to the 
 most convenient police court for trial or examination accord- 
 ing to law. 
 
 § 14. From and after the passage of this act, the justices 
 of the peace and police justices in said city shall each have 
 sole power to appoint a clerk of their respective courts ; also 
 to appoint such other clerks, assistants, stenographers as- 
 the common council may authorize. All such appointees to 
 serve during the pleasure of said justices. 
 
 § 15. Whenever a stenographer shall be appointed in any 
 justice's court he shall be skilled in the art of stenography, 
 shall qualify under oath and shall take minutes of the pro- 
 ceedings in the courts under the direction of the justice, cor- 
 rectly transcribe the same and file the written minutes in the 
 court ; such minutes shall be deemed to be the record of the 
 proceedings or proofs so taken, the same as if taken by the 
 
 'So in original. 
 
Of Courts. 
 
 344 
 
 Title XXI. 
 
 justice, except that in all cases where the testimony is re- 
 quired to be signed by the witness, the minutes must be 
 taken by him without the aid of the art of stenography. 
 
 § 16. AVhenever the mayor, the comptroller, the commis- 
 sioner of police and excise and the commissioner of city 
 works of said city, or a majority of them, shall determine to 
 erect a building or buildings for the transaction of business of 
 any of the courts of the justices of the peace or police justices 
 in said city, they are hereby authorized to cause the erection 
 of such building or buildings in sucli manner as they shall 
 deem to be for the best interest of the city, the work to be 
 done under the direction of the commissioner of city works, 
 and they are also hereby authorized to acquire lands for the 
 purpose provided for in this section, in the same manner as 
 lands are acquired for railroad purposes. 
 
 § 17. For the purpose of providing moneys for the erec- 
 tion of such building or buildings, and acquiring land there- 
 for, whenever the mayor, the comptroller, the head of the 
 department of police and the commissioner of city works, or a 
 majority of them, shall so determine and direct, the financial 
 officers of said city, are authorized and directed to pay out 
 of any moneys in the city treasury of said city, the cost and 
 expense of said building or buildings, and of the acquisition 
 of land therefor as directed by the said commissioner of city 
 works, provided that the said amount shall not exceed fifty 
 thousand dollars in any one year. 
 
 § 18. For the purpose of reimbursing the treasury of the 
 city, the proper authorities are directed to insert said amount 
 in the budget or tax levy to be laid on the property of said 
 city in the year next succeeding the incurring of such in- 
 debtedness. 
 
 § 19. The officers hereby charged with the duty of erecting 
 buildings shall be deemed to be trustees of such buildings 
 for and on behalf of the city with full power and authority 
 to determine what justice or justices shall occupy the same 
 and to rent any part of said building not necessary during 
 the term of said rental for the use of said courts, and they 
 may also assign any part of the buildings erected by them 
 not needed for coui-t purposes to toe use of the police de- 
 partment of said city as station houses. 
 
I 
 
TITLE XXII 
 
 MISCELLANEOUS PROVISIONS, 
 
 Section 1. Any person who maybe required to take an oath 
 or affirmation, under and by virtue of any provision of this 
 act, who shall willfully and falsely swear or affirm to any 
 material fact or matter under such oath or affirmation 
 legally administered, shall, upon conviction, be adjudged 
 guilty of perjury. 
 
 I 2. No person shall be incompetent as a judge, justice, 
 witness or juror by reason of his being an inhabitant or free- 
 holder of the City of Brooklyn, in any action or proceeding 
 in which the city is a party or interested. 
 
 § 3. The offices of the city clerk, auditor, department of 
 city works, comptroller, collector of taxes and assessments, 
 registrar of arrears and treasurer shall be, and they are 
 hereby declared to be the offices of record for the purpose 
 of filing, recording and safe keeping of any and all papers 
 and documents of the city appertaining or belonging to the 
 said several offices ; and all provisions of law relating to 
 offices of record or the preservation or safe keeping of papers 
 or records therein, are hereby declared to apply to said several 
 offices. 
 
 § 4. Every embezzlement of money by any officer elected 
 or appointed under this act, or by a clerk, deputy or as- 
 sistant of such officer, shall be deemed a felony, punishable 
 by fine or imprisonment, or both. 
 
 § 5. Any alderman or other official of said city who shall 
 vote to authorize any expense or to incur any indebtedness 
 by or against said city, when the means to meet or pay the 
 same shall not be provided or applicable to the purpose, 
 shall be deemed guilty of a misdemeanor, and on conviction 
 thereof, the term of office of such alderman or other official 
 shall cease and determine, and he shall be ineligible to hold 
 any office in said city for the space of five years from the 
 date of such conviction. 
 
Miscellaneous Provisions. 346 
 
 Title XXII. 
 
 § 6. Eveiy ordinance, resolution or bj'-lavv of the common 
 council may be read in evidence in all courts and legal pro- 
 ceedings from the volume of ordinances published or to be 
 published by order of the said common council, without 
 any other proof of the passage or publication thereof, but 
 such publication shall be onl}' presumptive evidence that the 
 same has been duly published in the corporation newspapers 
 as required by this act. 
 
 § 7. Any civil or criminal process, attachment or execution 
 may be served or levied upon sluj person or property, on 
 board of any vessel which, at tbe time of such service or levy, 
 shall be attached or fastened to any wharf, pier, bulkhead or 
 landing place in said city, or lying so near thereto that a per 
 son can step from the same upon such vessel, or shall be 
 fastened to any other vessel or vessels which shall be so at- 
 tached to or lying at any such wharf, pier, bulkhead, or 
 landing place in the same manner and with like effect as if 
 such vessel was actually within said city. 
 
 § 8. AU the penalties prescribed by this act, or by any 
 ordiuance of the city, shall, when recovered, be paid into the 
 treasury for the use of the city, except as hereinbefore pro- 
 vided. 
 
 § 9. The head of each department shall organize such 
 bureaus as may be deemed necessary by the commissioner or 
 head thereof. They shall also appoint such number of clerks 
 .and employees as may be necessary in the several depart- 
 ments. 
 
 § 10. No moneys belonging to the city shall be deposited 
 in any institution in which any receiving or disbursing officer 
 of the city shall be either officer, director, or trustee. No citj^ 
 officer authorized to receive or disburse moneys of the city 
 shall be an officer, director or trustee of any moneyed insti- 
 tution in which any part of the city funds may or shall be 
 deposited; and, in case any city officer shall become an officer, 
 director or trustee of any such institution, his office shall 
 immediately be deemed vacant, and the mayor shall appoint, 
 a suitable person to fill such vacancy. ' ' 
 
Title XXn. 
 
 347 Miscellaneous Provisions*. 
 
 ^ 11. All violations of any ordinance of the City of Brook- 
 lyn, which consist of acts or things done by any person, and 
 not of mere omission or neglect, may be proceeded against 
 summarily before any police justice or justice of the peace 
 in said city ; such proceedings shall be commenced by war- 
 rant, upon proper proof, and shall be continued and con- 
 ducted in the same manner as criminal preceedings are now 
 conducted in cases triable before such justices, or either of 
 them, as a court of special sessions, but no party charged 
 with such ofiense shall have the right to waive an examina- 
 tion, or to elect to go before any higher court or tribunal. 
 
 ^ 12. Such justices shall have authority to fine the person 
 offending as aforesaid a sum equal to the penalty prescribed 
 by the ordinances, and may senteuce such persons, in de- 
 fault of pajanent, to be confined to the county jail for a pe- 
 riod not exceeding ten days, and not exceeding the penalty 
 prescribed as aforesaid, and all laws relating to trials by 
 courts of special session * in the City of Brooklyn, not in- 
 consistent herewith, shall apply to such trials. In the pro- 
 ceedings hereby authorized, the offense shall be deemed to be 
 sufficiently described by stating the ordinance and the sec- 
 tion thereof claimed to be violated. 
 
 ? 13. In all suits for the violation of any ordinance in the 
 city, prosecuted in the justices' or police courts thereof, the 
 summons shall be deemed to be served in time, if served 
 three days before the return day thereof ; and in case the 
 defendant be absent from his residence or place of business,, 
 the summons may be served by leaving a copy of the same 
 at either of such places with a person of mature age in 
 charge thereof ; but no execution, except against property, 
 shall be issued on smy judgment in such suit, unless the 
 summons was personally served on the defendant. 
 
 ?; 14. Gunpowder which shall be found in any store, 
 storehouse, manufactor}" or other building in the city, or 
 which may be found in any cart, wagon or other vehicle, or 
 on board any ship, brig or other vessel, which shall make 
 ifast to or anchor within two hundred feet of any pier, wharjf 
 
 *So in original. 
 
Miscellaneous Provisions. 348 
 
 Title XXTT. 
 
 or bulkhead in the city, in violation of any of the provisions 
 of this law, shall be immediately seized by the poUce com- 
 missioner or his inspectors, and removed to some secure 
 place. 
 
 § 15. Nothing in this act contained shall in any way apply 
 to any gunpowder which may be stored in the United States 
 navy yard, or which may be on board of any vessel within 
 the jurisdiction of the United States navy yard. 
 
 § 16. It shall not be lawful for any person to have kegs 
 of gunpowder, or cause to be kept in any store, storehouse, 
 manufactory or other building within the City of Brooklyn, 
 any quantity of gunpowder exceeding twenty-five pounds in 
 weight, under the penalty of the forfeiture of the gunpowder 
 and an additional penalty of fifty dollars : and all gunpowder 
 which may be kept in the building within said city shall be 
 kept in tin canisters, and said canisters shall at all times be 
 kept securely closed, exctspt when necessary for its delivery 
 on sale. 
 
 § 17. No person shall can-y, or cause to be carried, any 
 gunpowder through any street, lane or alley in the city, 
 unless the same be secured in tight casks, kegs or cases, well 
 headed and hooped ; and said casks, kegs or cases shall be 
 put into and entirely covered with a bag or case sufficiently 
 to prevent any said gunpowder from being spilled or scat- 
 tered, under the penalty of forfeiture of the gunpowder, and 
 a fine of fifty dollars for every violation of the provisions of 
 this act. 
 
 § 18. It shall not be lawful for any ship, bark, brig, lighter 
 or vessel containing any quantity of gunpowder over and 
 above twenty-five pounds, to make fast or to anchor within 
 two hundred yards of any pier, wharf or bulkhead within 
 the City of Brooklyn, under the penalty of the forfeiture of 
 all gunpowder on board, and an additional penalty of fifty 
 dollars ; provided, further, that in the case of any explosion 
 caused by a larger quantity of gunpowder than allowed by 
 law to be kept in any building or vessel whatever, contrary to 
 the above section of this act, the occupant or occupants of 
 any such building having the same in their possession, and 
 
Title XXII. 
 
 349 Miscellaneous Provisions. 
 
 the owner and owners of any vessel as aforesaid, shall forfeit 
 and pay the additional sum of one thousand dollars. 
 
 ^ 19. Any and all persons who, after having been per" 
 sonally served with the notice of violation, as hereinbefore 
 prescribed, shall fail to comply therewith, or shall continue 
 to violate, or assent to or permit any violation of any of the 
 provisions of the preceding five sections of this title, or who 
 shall be accessory thereto, shall, in addition to the penalties 
 hereinbefore provided, be deemed guilty of a misdemeanor, 
 punishable by fine or imprisonment, or both ; and upon a 
 complaint made before any police justice or any court of 
 criminal jurisdiction within the City of Brooklyn, shall be 
 arrested and held to bail by said justice or said court : and 
 upon conviction of such offence shall pay all costs of such 
 arrest, and shall be fined in a sum not to exceed two hundred 
 and fifty dollars, or may be imprisoned for a term not to ex- 
 ceed six months, or both, in the discretion of said justice or 
 court : and all fines levied and collected under the provisions 
 of the fifteenth, sixteenth, seventeenth and eighteenth sec- 
 tions of this title, shall be paid into the firemen's insurance 
 fund. 
 
 ? 20. The amount of any judgment recovered against the 
 City of Brooklyn, and payable by said city, and remaining 
 unpaid, with the interest due and to become due thereon, 
 shall be reported by the counsel to the corporation immedi- 
 ately after the same have become payable to the common 
 council , and such amount shall be raised in the next levy of 
 taxes for the expenses of the said city, unless execution upon 
 such judgment shaU be stayed. Such judgment shall te 
 paid out of the first moneys paid into the city treasury on 
 account of such levy, in the order of their recovery. Until 
 the money so raised shall be paid into the treasury, and pay- 
 ment of said judgments refused by the financial officers of the 
 city, no execution shall issue against the said city, unless the 
 amount of such judgment shall not have been included in the 
 tax levy, as aforesaid : provided, nevertheless, if there be any 
 moneys in the treasury to the credit of the fund derived from 
 the revenues of the city other than taxation, sufficient to 
 
Miscellaneous Provisions. 350 
 
 Title XXII. 
 
 satisfy said judgments, the common council shall direct the 
 payment therefrom of said judgments in the order of their 
 recover j\ 
 
 § 21. The common council of said city, and the members 
 thereof, are hereby declared to be trustees of the property, 
 funds and effects of the corporation herebj^ created ; and the 
 aldermen representing the several aldermanic districts of the 
 City of Brooklyn are hereby declared to be trustees of the 
 property, funds an 1 effects of the wardj constituting their 
 respective districts, so far as such property, f unds and effects, 
 in or derived fr )m such wards, are or may be committed to 
 their management or control respectively by this act; and 
 every person residing in said cit}', or in any ward, and as- 
 sessed to pay the taxes therein, who shall pay taxes therein, 
 is hereby declared to be a cestui que trust, in respect to the 
 said propert}', funds and effects respectively; and any co-trus- 
 tee or any such cestui que trust shall be entitled, as against 
 such trustees, and in regard to such property, funds and 
 effects, to all the rights and remedies provided by law of any, 
 co-trustee or cestui que trust to prosecute and maintain any 
 action to prevent waste and injury to any property, funds, or 
 estate held in trust. Such trustees are hereby made subject 
 to all the dutiis and responsibilities imposed by law upon 
 trustees, and such duties and responsibilities may be enforced 
 by any co-trustees or cestui que trust aforesaid. 
 
 § 22. All streets and avenues in said city which have been 
 or may be thrown out to public use, and have been or may 
 be used as such for five years continuously, shall be deemed 
 and taken to be public streets and avenues ; and the City of 
 Brooklyn arid the common council thereof shall have all 
 jurisdiction and power in respect thereto, the same as if such 
 streets and avenues had been or shall be opened by proceed- 
 ings had for that purpose un(^er tbe provisions of this act. 
 
 § 23. No member or officer oi the common council, or any 
 city or ward officer, whether elected or appointed, shall take 
 or receive any money, article, thing, advantage or promise 
 thereof, as consideration for any vote or act in his official 
 capacity, or for making and consenting in such capacity to 
 
Title XXII. 
 
 351 Miscellaneous Provisions. 
 
 any award of any contract, or to any appointment, for office 
 or place. Any person offending against the provisions of 
 this section shall be deemed guilty of felony, and, upon con- 
 viction, shall be punished by imprisonment in the State 
 prison for a term of not less than three, nor more than five 
 years. 
 
 § 24. It shall not be lawful hereafter to lay, construct or 
 operate anv railroad in, upon or along any or either of the 
 streets or avenues of the City of Brooklyn, wherever such 
 railroad may commence or end, unless a majority of the 
 owners of property upon the streets or avenues in or along 
 which such railroad is to be constructed, shall first petition 
 the common council of said city therefor, nor unless the said 
 common council shall authorize the construction of such rail- 
 road, and the grant therefor shall have been awarded and 
 given to the person who will agree, with adequate security, 
 to carry passengers on such railroad at the lowest l ate of 
 fare. But no such grant shall be awarded until after public 
 notice, inviting proposals tberefor at a specified time and 
 place, shall have been published, under the direction of the 
 common common, daily for six weeks in four o'" the public 
 newspapers printed in said city. This section shall not be 
 deemed to affect the operation of, or applv to, the Brooklyn 
 City Eailr<»ad Company, the Brooklyn Central and Jamaica 
 Railroad Company, the Bicadway Railroad Company of the 
 City of Brooklyn, the Brooklyn City and Newtown T?ailroad 
 Company, the Coney Island and Brooklyn Railro id Com- 
 pany, the Grand Street Railroad Company, the South Side 
 Railroad Company, and Bushwick Railroad Company, and 
 such other companies as are or may be authorized by law ; 
 piovided that no vote shall be given by or received from any 
 person who shall not own a lot of land containing at least 
 twenty feet in width, in front and rear in the said street or 
 avenue. 
 
 25. No bond of anv officer, required to be given by this 
 act, shall be discharged, until all property and money re- 
 ceived by him shall have been accounted for, and until his 
 accounts shall have been examined and approved by the 
 
Miscellaneous Provisions. 352 
 
 Title XXII. 
 
 comptroller, auditor and chairman of the finance committee 
 of the board of aldermen, whose duty it shall be to make 
 such examination, and until their certificate of approval of 
 said account shall be filed in the office of the comptroller. 
 
 § 26. All persons at present holding office in the City of 
 Brooklyn, whether elected or appointed, shall continue to 
 hold their respective offices until the expiration of the time 
 for which they were elected or appointed, except as other- 
 wise provided in this act. The comptroller, auditor, treasu- 
 rer, collector of taxes and assessments and registrar of ar- 
 rears, may appoint, and at pleasure remove, a deputy for 
 whose official acts and omissions he shall be personally re- 
 sponsible, and who shall have all the powers and discharge 
 all the duties of such head during his absence. 
 
 § 27. All the provisions of this act defining and regulating 
 the rights, powers and duties of the legislative department* 
 the mayor, the aldermen, the department of finance, the 
 comptroller, the department of audit, the auditor, the treasu- 
 rer's department, the treasurer, the department of collection, 
 the collector of taxes and assessments, the department of law, 
 the attorney and counsel, department of assessment, the 
 president of the board of assessors and the assessors, the 
 department of city works and the commissioner of city worksj 
 the department of police and excise, the commissioner of 
 police and excise, the department of fire and the commis- 
 sioner of the department of fire, the department of buildings, 
 and the commissioner of said department shall apply to and 
 regulate the rights, powers and duties of the mayor, alder- 
 men, comptroller, auditor, treasurer, collector of taxes and 
 assessments, attorney and counsel, president of the board of 
 assessors and the assessors, the department and the com- 
 missioner of city works, the department of police and excise, 
 the commissioner of excise, the department of fire and the 
 commissioner of said department, the department of build- 
 ings, the commissioners of fire and of buildings, in office at 
 the time of the passage of this act, or who may be hereafter 
 appointed or elected in pursuance of any of the provisions 
 of this act. 
 
Title XXII. 
 
 353 Miscellaneous Provisions. 
 
 § 28. The City of Brooklyn shall not be liable in damages 
 for any misfeasance or nonfeasance of the common council, 
 or any officer of the city or appointee of the common council, 
 of any duty imposed upon them, or any or either of them by 
 the provisions of this act, or of any other duty enjoined upon 
 them, or any or either of them, as officers of government, by 
 any provision of this act : but the remedy of the party or 
 parties aggrieved for any such misfeasance or nonfeasance 
 «ha]l be by mandamus, or other proceeding of action, to com- 
 pel the performance of the duty, or by other action aj>ainst 
 the members of the common council, officer, or appointee, as 
 the rights of such party or parties may by law admit, if at 
 all. 
 
 ^ 29. The compensation of clerks and subordinates in the 
 several departments shall not exceed in the aggregate the 
 apropriation made by the board of estimate for the purpose. 
 All* persons* holding position in the City of Brooklyn, receiv- 
 ing salary from said city who shall be an honorably dis- 
 charged soldier or sailor of the late war of the rebellion shall 
 not be removed from such position, except for good cause, 
 shown after a hearing had, but such person or persons shall 
 hold such position for and during good behavior. 
 (See Chap. 80, Laws of 1888.) 
 
 § ^ 0. No action or special proceedings shall be prosecuted 
 or maintained against the City of Brooklyn, unless it shall 
 appear by, and as an allegation in the complaint or neces- 
 sary moving papers, that, at least, thirty a ays have elapsed 
 since the claim or statement of the facts, which it is claimed 
 constitute or will constitute a cause of action against the 
 City of Brooklyn, shall be presented to the comptroller of 
 said city, specifying in detail and duly verified as follows : 
 If for work, labor or services rendered or performed, the 
 time when, the place where, by whom, and under whose di- 
 rection, and by what authority such work, labor or services 
 was rendered or performed ; if for merchandise or other 
 articles furnished the items thereof, by whom ordered and 
 when and to whom delivered ; and if for damages, for wrong 
 
 *So in original. 
 
Miscellaneous Provisions. 354 
 
 Title XXII. 
 
 or injury to person or property, or for damages for any tort 
 ■whatsoever, when, where and how occasioned, and all the 
 facts relative thereto, nor unless it shall appear by and as 
 an allegation in said complaint or necessary moving papers 
 that the said comptroller has neglected and refused to mnke 
 any payment thereof for at least thirty days after said pre- 
 sentment. The comptroller may require, by a notice served, 
 any person presenting for settlement any such account, 
 claim or statement of the facts constituting a demand or 
 claim against the city for damages for injury to person or 
 property or for any tort whatsoever, to appear before him 
 and bring any and all books, papers or other documents 
 in bis possession or under his control relating to such claim, 
 account or statement of fact, to be sworn before him touch- 
 ing such account, claim or statement of fact as hereinbefore 
 specified and required, and after being so sworn, to submit 
 any such books, papers or other documents to said comp- 
 troller for examination and inspection by bim, and to answer 
 orally as to the facts relative to such account or claim upon 
 contract, or for damages for t'^rt, as herein specified and re- 
 quired. Willful false swearing before him is perjury, and 
 punishable as such. Compliance with all the provisions of 
 this section shall be an absolute prerequisite to the institu- 
 tion or maiuttinance of any action or special proceeding 
 against the City of Brooklyn, and shall be pleaded in the 
 complaint or necessary moving papers. The comptroller 
 may, upon the recommendation of the attorney and counsel 
 of the corporation, and with the approval of the mayor, ad- 
 just and settle any claim which may be presented to him in 
 accordance with tbe provisions of this section, and any action 
 which may be brought upon any such claim, either before or 
 after judgment, upon such terms as may be of the best ad- 
 vantage to the city, and the amount at which such claim or 
 judgment shall be settled and adjusted shall be paid from 
 the revenue fund, provided that in no case shall such adjust- 
 ment or settlement exceed the sum of twenty-five hundred 
 dollars. 
 
 (Ch. 568, Laws of 1894.) 
 (See Ch. 31, Laws of 1890.) 
 
Title XXII. 355 Miscellaneous Provisions. 
 
 § 31. For the purpose of examining weights and measures 
 in the City of Brooklyn, the mayor thereof shall, on or before 
 the first day of February, eighteen hundred and eighty-nine, 
 and every two years thereafter, appoint four sealers of 
 weights and measures, one for each congressional district in 
 the City of Brookl^'n, at a salary of twelve hundred dollars a 
 year, who shall perform such duties and possess such authoi'- 
 ity as is now possessed by the sealers of weights and measures 
 throughout the State. The sealers of weights and measures 
 for the City of Brooklyn shall receive no fees of any person 
 for testing their weights or measures or scales. They shall 
 qualify by taking the oath of office provided for other city 
 officers of said city, and file the same in the office of the clerk 
 of said city. All vacancies occurring from an}' cause shall be 
 filled for the unexpired term by the mayor. 
 
 v5 32. The real property situate in the County of Kings, 
 now owned or which may hereafter be owned by any hospital, 
 orphan asylum, house of industry or other charitable corpor- 
 ation, society or institution, which has for its object the refor- 
 mation of oJffenders, the care, support or education of the sick, 
 the infirm, the destitute, the deaf, the dumb or the blind, shall 
 be and hereby is declared discharged an'1 exempt from all taxes 
 and from all assessments laid or made for local improvements, 
 and sales thereunder, and from all such assessments here- 
 after, and from taxation, so long as the same shall be owned 
 by any such corporation, society or institution aforesaid, and 
 whenever a sale and conveyance thereof shall be made to any 
 person or corporation other than those mentioned in this act, 
 thereupon the real estate so sold and convej'ed shall be there- 
 after subject to assessment in the same manner as other real 
 estate situate in the County of Kings. The rateable amount 
 of any assessment which shall be laid or made hereafter for 
 any local improvement which would have affected any real 
 property exempted under this section, if such exemption had 
 not been made, shall be a charge upon the City of Brooklyn 
 and be paid out of the assessment fund of said cit}'. 
 (Ch. 255, Laws 1889.) 
 
 § 33. The several hospitals, orphan asylums and all other 
 charitable and benevolent corporations, societies and institu- 
 
Miscellaneous Provisions. 356 
 
 Title XXII. 
 
 tions now existing in the City of Brooklyn, or wbich here- 
 after may be established therein, are hereby declared ex- 
 empted from the payment of any sum of monej^ whatever to 
 said city, for the use of water taken by the same from said 
 city, and water shall be supplied to the same by said city in 
 sufficient quantity for all purposes for which it is now used 
 hj such societies and institutions, or which may become 
 necessary to be used by the same, free from all charge what- 
 soever, and the real estate of any such institution aforesaid 
 is hereby rdeased, discharged and exempted from all lien 
 and charge for water heretofore used and remaining unpaid 
 for at the time of the passage of this act, or which may 
 hereafter be used by any such institution, society or corpo- 
 ration. 
 
 § 34. No street or avenue shall be extended on or over the 
 ground now below or beyond high-water mark, between the 
 northerly side of Twenty -sixth street and the southerly side 
 of Thirty-ninth street, in the City of Brooklyn, by reason of 
 any filling or other improvement hereafter made thereon, nor 
 shall the said city be authorized to open or extend any street 
 or avenue beyond said high water mark within the boundaries 
 aforesaid without the consent of the adjacent owners. 
 
 § 35. This act is hereby declared t© be a public act, and 
 all local and special acts passed prior to January first 
 eighteen hundred and eighty-eight, relating to the corpora- 
 tion of " the City of Brooklyn," designated in section one of 
 title one of this act or to the administi'ation of the property 
 or affairs of said corporation, except an act entitled " An 
 act to provide for the payment of awards for land heretofore 
 taken for local improvements in the City of Brooklyn," 
 passed April tenth, eighteen hundred and eighty-three, and 
 also an act entitled " An act to provide for the aid and sup- 
 port of the poor in the Counties of Erie, Kings and New 
 York," passed April thirtieth, eighteen hundred and sevent}'- 
 five, and the acts amendatorj^ thereof, and also an act entitled 
 " An act to provide for the use and to regulate the use of the 
 docks and basin on the Wallabout bay and other docks in the 
 City of Brooklyn, and to confer certain powers upon the 
 comptroller and commissioner of police of said city," passed 
 
Title XXII. 
 
 357 Miscellaneous Provisions. 
 
 May thirteeuth, eighteen hundred and eighty-six, and also 
 an act entitled " An act to provide for the annexation to the 
 City of Brooklyn of the town of New Lots, and for the 
 acquisition and regulation of the water supply thereof," 
 passed May thirteenth, eighteen hundred and eighty-six, are 
 hereby repealed ; provided, however, that nothing in this 
 section contained shall abrogate, annul, impair, or in any 
 manntr affect the corporate powers, rights, privileges or 
 franchises of the said "the City of Brooklyn," or any lien, 
 contract, right, title or interest, heretofore acquired by said 
 corporation or by any other person ; and provided further 
 that no action, suit or proceeding heretofore instituted to 
 enforce any right, contract, interest, privilege, franchise, 
 power or lien, or any proceeding taken in the exercise of any 
 power heretofore vested in the City of Brooklyn or any of its 
 officers, and wnich may be pending at the time of the pass- 
 age of this act shall abate or be in any manner affected by 
 the provisions of this section, but may be continued until a 
 final determination thereof in the same manner and with the 
 same effect as if this section had not been enacted. And 
 provided further that nothing herein contained shall be so 
 construed as to annul, abrogate, impair or in any manner 
 affect any power, right or duty heretofore vested in the City 
 of Brooklyn, or any officer, officers or department thereof, or 
 the board of park commissioners in respect to the enforce- 
 ment of any tax, water rate or assessment or installments 
 thereof heretofore levied according to law. And provided 
 further that nothing in this section contained shall 
 be so construed as to modify or in any manner affect 
 any general statute, or any statute relating to the New York 
 and Brooklyn bridge, or the codes of civil or criminal pro- 
 cedure or the penal code, or to discharge or in any manner 
 affect any penalty or liability, civil or criminal, incurred un- 
 der any law of this State or under any ordinance of said City 
 of Brooklyn in force at the time of the passage of this act. 
 For the purpose of determining the effect of this act upon 
 other acts that are, or may be enacted during the present 
 year relating to the City of Brooklyn, or the powers or duties 
 of any of its officers or agents, and the effect of such other 
 
Miscellaneous Provisions. 358 
 
 Titie XXII. 
 
 acts on this act, this act is to be construed as, and deemed to 
 have been enacted on the second day of January, in the } ear 
 eighteen hundred and eighty eight; and for the purpose of 
 determining the effect of this act on the acts heretofore 
 specially excepted by this section from its effect and the 
 effect of said excepted acts on this act, this act is to be deemed 
 and construed as though enacted before each of said excepted 
 acts respectively. 
 
r 
 
 I 
 
APPENDIX 
 
 {Jontaining Amendments to Charter passei during 
 the Session of the Legislature for the 
 Year 1895. 
 
i 
 
TITLE II —Legislative Department. 
 
 Section 2. The City of Brooklyn is divided into seven 
 aldermanic districts known as the first, second, third, fourth, 
 fifth, sixth and seventh aldermanic districts respectively. 
 The first aldermanic district consists of the first, second, 
 third, fourth, fifth and sixth wards of the said City of 
 Brooklyn. The second aldermanic district consists of the 
 seventh, thirteenth, nineteenth, and twenty -first wards of the 
 said City of Brooklyn. The third aldermanic district con- 
 sists of the ninth, eleventh, twentieth and twentj^-second 
 wards of the said City of Brooklyn. The fourth aldermanic 
 district consists of the eighth, tenth, twelfth, thirtieth and 
 thirty- first wards of the said City of Brooklyn. The fifth 
 aldermanic district consists of the twenty-third, twenty- 
 fourth, twenty-fifth and twenty-ninth wards of the said City 
 of Brooklyn, and of such territory of the County of Kings as 
 may hereafter become a part of the said City of Brooklyn. 
 The sixth aldei'manic district consists of the fourteenth, 
 fifteenth, sixteenth aod seventeenth wards of the said City of 
 Brooklyn, ha seventh aldermanic district consists of the 
 eighteenth, twenty-sixth, twenty-seventh and twenty- eighth 
 wards of the said City of Brooklyn. 
 Chap. 197, Laws 1895. 
 Chap. 976, Laws 1895. 
 
 § 3. The common council of the said City of Brooklyn con- 
 sists of the board of aldermen now in office. At the general 
 State election held in the year eighteen hundred and ninety- 
 five, and every two years thereafter at the general election 
 four aldermen shall be elected from each aldermanic district 
 as hereinbefore described and constituted but no w^ard shall 
 have more than one representative in said board, and the 
 aldermen so elected, from time to time, shall constitute 
 the common council. The said members of the common 
 council shall be paid an annual salary as now fixed by law, 
 and shall hold office for two years from the first day of 
 Januai'y, at twelve o'clock noon, next succeeding to the elec- 
 
Appendix. 
 
 362 
 
 tion. All vacancies which may occur in said common council 
 by reason of the death, removal or resignation of a member, 
 or otherwise, shall be filled for the unexpired term by election 
 of the said common council, to be determined hy a majority 
 of all tbe member elected thereto. 
 
 Chap. 197, Laws 1895. 
 
 Chap. 976, Laws 1895. 
 
 § 15. Suits may be prosecuted in the corporate name of 
 the city against any person or persons who shall violate any 
 provisions of any law, ordinances or regulations of the com- 
 mon council of said city, or who shall neglect or refuse to 
 perform any act or duty thereby required of him or them ; 
 and in every such action it shall be sufficient to state in the 
 complaint, the by-laws, ordinance or regulation, and the sec- 
 tion thereof, upon which such action is brought. In all suits 
 for violation of any ordinance in the cit}^ prosecuted in the 
 justices' courts or police courts thereof, the summons shall be 
 deemed to be served in time, if served three days before the 
 return day thereof ; and in case the defendant be absent 
 from his residence or place of business, the summons may be 
 served by leaving a copy of the same at either of such places, 
 with a person of mature age in charge thereof : but no exe- 
 cution, except against property, shall be issued on any judg- 
 ment in such suit, unless the summons was personally served 
 on the defendant. 
 
 2. Proceedings for any violation of the ordinances of the 
 city imposing a penalty, may be commenced by warrant for 
 the arrest of the offender, as well as by summons, to be issued 
 by any magistrate or court having jurisdiction in the case, 
 before whom complaint shall be made, under oath, and every 
 police justice and justice of the peace in said city shall have 
 jurisdiction in all such cases. All proceedings so commenced 
 shall be, upon proper proof, and may be conducted summarily 
 before any such police justice or justice of the peace, and 
 shall be continued and conducted in the same manner as 
 criminal proceedings are now conducted in cases tried before 
 such justices, or either of them, as a court of special sessions, 
 including a jury trial, if demanded, in any case where a fine 
 
363 
 
 Appendix. 
 
 exceeding ten dollars may be imposed, but no party charged 
 with such offense shall have the right to waive an examina- 
 tion, or to elect to go before any higher court or tribunal. 
 Such justice shall have authority to fine the person offending 
 as aforesaid a sum equal to the penalty prescribed by the 
 ordinances, and may sentence such persons, in default of pay- 
 ment, to be confined in the county jail for a period not ex- 
 ceeding ten days ; and all laws relating to trial by courts of 
 special sessions in the City of Brooklyn, not inconsistent 
 herewith, shall apply to such trials. In the proceedings 
 hereby authorized, the offense shall be deemed to be sufii- 
 ciently described by stating the ordinance and sections 
 thereof claimed to be violated. 
 
 Chap. 637, Laws of 1895. 
 
 § 20. The board of estimate are hereby authorized, in 
 their discretion, to include in their annual statements and 
 estimates provided for by section eighteen of this title the 
 whole or any part of the following specified sums of money 
 for the respective purposes herein stated, namely : Four 
 thousand dollars to be paid to the Brooklj^n Hospital 
 (formerly City Hospital) ; four thousand dollars to be paid 
 to the Long Island College Hospital : four thousand dollars 
 to be paid to the Brooklyn Homoeopathic Hosj^ital ; fifteen 
 hundred dollars to be paid to the Brooklyn Central Dispen- 
 sary ; fifteen hundred dollars to be paid to the Brooklyn 
 City Dispensary ; fifteen hundred dollars to be paid to the 
 Brooklyn Eclectic Dispensary ; fifteen hundred dollars to be 
 paid to the Brooklyn Homoeopathic Dispensary ; five thousand 
 dollars to be paid to the Brooklj^n Eastern District Dis- 
 pensary and Hospital (formerly the Williamsburgh Dispen- 
 sary) ; fifteen hundred dollars to be paid to the Long Island 
 College Dispensary : fifteen hundred dollars to be paid to 
 the Gates Avenue Homoeopathic Dispensary ; four thousand 
 dollars to be paid to the Brooklyn Nursery and Infants' 
 Hospital : fifteen hundred dollars to be paid to the Brooklyn 
 Eastern District Homoeopathic Dispensary (formerly the 
 WiUiamsburgh Homoeopathic Dispensary) ; twenty-five hun- 
 dred dollars to be paid to the Brooklyn Maternity (formerly 
 Brooklyn Lying-in- Asylum} j fifteen hundred dollars to be 
 
Appendix. 
 
 364 
 
 paid to the Eye and Ear Hospital of the Cit}' of Brooklyn ; 
 one thousand dollars to be paid to the Southern Dispen- 
 sary and Hospital ; fifteen hundred dollars to be paid to the 
 Orthopedic Dispensary ; four thousand dollars to be paid to 
 the Saint Peter's Hospital ; fifteen hundred dollars to be 
 paid to the Saint Peter's Dispensary ; fifteen hundred dollars 
 to be paid to the Atlantic Avenue Dispensary ; one thousand 
 dollars to be paid to the Saint Mary's Dispensary ; two 
 thousand dollars to be paid to the Brooklyn Diet Dispensary ; 
 fifteen hundred dollars to bo paid to the Saint Catharine's 
 Dispensary ; four thousand dollars to be paid to the 
 Saint Catharine's Hospital ; one thousand dollars to be 
 paid to the Helping Hand Society of Brooklyn ; one 
 thousand dollars to be paid to the Sheltering Arms 
 Nursery of Brooklyn ; four thousand dollars to be 'paid 
 to the Brooklyn Home for Consumptives ; four thousand 
 dollars to be paid to the Memorial Hospital ; four 
 thousand dollars to be paid to the Saint Mary's General 
 Hospital of the City of Brooklyn ; fifteen hundred dollars to 
 be paid to the Central Homoeopathic Dispensary ; fifteen 
 hundred dollars to be paid to the Memorial Dispensary ; 
 fifteen hundred dollars to be paid to the Bushwick and East 
 Brooklyn Dispensary ; fifteen hundred dollars to be paid to 
 the DispeDsary of the College of Physicians and Surgeons of 
 Saint Mary's Hospital of the City of Brooklyn ; four thousand 
 dollars to be paid to the Methodist Episcopal Hospital of the 
 City of Brooklyn ; two thousand dollars to be paid to the 
 Saint Mary's Female Hospital ; fifteen hundred dollars to be 
 paid to the Lutheran Hospital Association of the City of 
 New York and vicinity ; four thousand dollars to be paid to 
 the Brooklyn Throat Hospital ; fifteen hundred dollars to be 
 paid to the Bedford Dispensary ; two thousand dollars to be 
 paid to the Saint Martha's ^^anitarium and Dispensary ; three 
 thousand dollars to be paid to the Central Throat Hospital 
 and Polyclinic Dispensary ; two thousand dollars to be paid 
 the to Long Island Throat and Lung Hospital and Peoples' 
 Dispensary Association; four thousand dollars to be paid 
 to the Norwegian Lutheran Deaconesses' Home and 
 Hospital ; two thousand dollars to be paid to the Brooklyn 
 
365 
 
 Appendix, 
 
 Home for Aged Colored People ; three thousand dollars 
 io be paid to the Saint Mary's Maternity and Infants 
 Home ; two thousand dollars to be paid to the Memorial 
 Training School for Nurses ; four thousand dollars to be 
 paid to the Church Charity Foundation of Long Island for 
 its hospital ; twenty-five hundred dollars to be paid to the 
 Home of Saint Giles the Cripple : three thousand dollars to 
 be paid to the Bushwick Hospital : four thousand dollars to 
 be paid to the Society for the Prevention of Cruelty to 
 Children ; two thousand dollars to be paid to the Brooklyn 
 Training School and Home for Young Girls : fifteen hundred 
 dollars to be paid to the Dispensary of the Methodist Episco- 
 pal Hospital : twenty -five hundred dollars to be paid to the 
 Low Maternity : fifteen hundred dollars to be paid to the 
 Brooklyn Hospital Dispensary ; two thousand dollars to be 
 paid to the Society for the Aid of Friendless Women and 
 Children ; two thousand dollars to be paid to the Stone 
 Maternity of Brooklyn ; such several sums of money to be 
 paid to the several institutions in consideration of their con- 
 tracting to render and rendering medical and surgical aid 
 and treatment to the poor of the City of Brooklyn who may 
 apply to them therefor ; such contract to be in writing, 
 executed on behalf of the city by the said mayor and comp- 
 troller, and also by the executive officers of said associations, 
 respectively, and to be approved by the counsel to the corpo- 
 ration of said city, and to be filed annually on or before the 
 ■thirty-first day of May in the office of the clerk of said city. 
 Chap. 655, Laws of 1895. 
 
 Memorial day celebration. 
 
 Chap. 588, Laws of 1895. 
 
 Twenty-ninth ward deficiencies. 
 Chap. 541, Laws of 1895. 
 
 § 28. The common council shall, during the month of Jan- 
 uary, eighteen hundred and ninety-six, and every two years 
 thereafter, appoint a keeper and an assistant keeper of the 
 city hall, who shall take office on the first day of February, 
 next succeeding their appointment, and shall hold office for 
 the term of two years and until their successors shall be ap- 
 pointed. The salarj' of said office shall be fixed by the board 
 
Appendix. 
 
 366 
 
 of estimate of said cit}- at its annual meetinor in the year 
 eighteen hundred and ninety-five, and may be changed at 
 any annual meeting of said board of estimate immediately 
 prior to the beginning of a new term of said office. The 
 terms of office of the present keeper and assistant keeper of 
 the city hall shall terminate on the first day of February, 
 eighteen hundred and ninety-six. 
 Chap. 683, Laws of 1895. 
 
 ^ 17. This section was repealed by Chaptee 49 of the Laws 
 of 1888, as amended by Chapter 87 of the Laws of 1890, and 
 this act was further amended in 1895, as follows : 
 
 ? 18. The common council shall designate five daily news- 
 papers published in the City of Brooklyn (one of which shall 
 be printed and published in the eastern district of said city, 
 and one of which shall be published in the German language), 
 having the largest actual average daily circulation therein, in 
 which shall be published all the ordinances, resolutions, no- 
 tices, tax and assessment sales, and all other proceedings 
 which by this act shall be required to be published affecting 
 said city, provided that the aggregate expenditures for pub- 
 lication in such five newspapers shall be one hundred thou- 
 sand dollars per annum, of which sum each paper shall re- 
 ceive an equal part, exclusive of tax and assessment sales : 
 and further provided that such papers as have been hereto- 
 fore designated as corporation newspapers, shall continue to 
 act as such until the common council shall, by a three-fourths 
 vote of all the members elect, designate others in place of 
 them. And be it further provided that hereafter no news- 
 paper shall be designated as a corporation newspaper that 
 has not been published as a daily paper in said City of Brook- 
 lyn for at least two years before being so designated. 
 Chap. 359, Laws 1895. 
 
 TITLE III.— City Officers. 
 
 Section 11. No person shall be eligible to the office of 
 mayor unless he has resided in the city at least five years, 
 and has attained the age of twenty-five years. His salary 
 shall be six thousand dollars per annum. He shall, by virtue 
 
367 
 
 Appendix. 
 
 of his office, be a supervisor of the County of Kings, and shall 
 possess all the jurisdiction and exercise all the powers and 
 authority in criminal cases, of a justice of the peace of said 
 city, in addition to the powers heretofore given him by this 
 act, but shall receive n > fees for his services as such justice 
 of the peace, or for his services as supervisor. 
 It shall be his duty : 
 
 1. To communicate to the common council, at their first 
 meeting in the month of January, each year, and oftener if 
 he shall deem it expedient, a general statement of the condi- 
 tion of the city in relation to its government, finances and 
 improvements, with such recommendations as he may deem 
 proper. 
 
 2. To be vigilant and active in causing the laws and ordin- 
 ances of the city to be duly executed and enforced, to exer- 
 cise a constant supervision over the conduct and acts of all 
 officers, to examine into all complaints preferred against 
 them for a violation or neglect of duty, and generally to per- 
 form all such duties as may be required of him by law ; for 
 which purpose he shall have and possess all the authority 
 and power in criminal cases, to arrest and commit for exam- 
 ination all offenders for offences committed within said city 
 against the laws of this State, of a police magistrate or jus- 
 tice of the peace of any of the towns of this State, and for 
 the preservation of the peace. And shall have the power and 
 authority to issue warrants against any and all persons vio- 
 lating any of the ordinances, by-laws or regulations of the 
 common council, or to direct the proper officers to arrest such 
 persons, and summarily to hear, try and determine and dis- 
 pose of the same, where the penalty imposed by said ordin- 
 nance, bj^-law or regulation shall not exceed ten dollars. 
 And in case the penalty imposed by said ordinance, by-law 
 or regulation shall not be paid forthwith, upon such person 
 being adjudged guilty, then the said mayor shall have power, 
 by warrant under his hand and seal, to commit the said 
 offender to the county jail of Kings County for a term not 
 exceeding thirty days, or until the fine is paid ; and in cases 
 where the penalty shall exceed ten dollars, the said mayor 
 may, after examination, hold the parties to bail. And in all 
 
Appendix. 
 
 368 
 
 cases where such person shall hold a license or warrant, 
 granted by the common council, or any of the officers thereof, 
 it shall be lawful for the said mayor to suspend said license 
 or warrant, or the person so found guilty, from the benefits 
 and privileges of said license or warrant until the common 
 council shall pass upon the same. And it shall be the duty 
 of the mayor to report the fact of such suspension, together 
 with his reason therefor, to the board of aldermen at the 
 next meeting thereof. And no person so suspended shall be 
 entitled to any benefits, privileges or rights under such license 
 or warrants until the suspension shall be removed by the 
 common council. He shall, jointly with the comptroller, sign 
 all warrants, bonds, and other obligations of the corporation. 
 But he shall not sign any warrant or other obligation unless 
 a proper voucher therefor shall have been first examined and 
 certified to by him ; and he shall sign no bonds for any loan 
 unless the receipt of the treasurer for the money loaned shall 
 have been first seen anel indorsed by him. Provided, ho\n- 
 ever, that he may designate in writing, some suitable person 
 employed in the office of said mayor, to sign in his stead all 
 salary warrants to tvhatever amount and all other v^arrants 
 not exceeding in amount two hundred and fifty dollars ; 
 and may, from time to time, revoke or change such designa- 
 tion. He shall file a copy of such desig?iation or revocation 
 in the ofice of the comptroller, and a copy thereof in the 
 office of the city treasurer. 
 
 Chap. 4:6, Laws of 1895. 
 
 TITLE IV.-Finance. 
 
 Section 4. All stocks, bonds, certificates and other obliga- 
 tions of the City of Brooklyn hereafter issued under the au- 
 thority of tnis act or any other act, whether general or spec- 
 ial, shall be disposed of by the mayor and comptroller, and 
 shall bear interest at such rate, not exceeding four per centum 
 per annum, as the said mayor and comptroller shall in their 
 discretion fix and determine, except that certificates of in- 
 debtedness or revenue bonds issued in anticipation of the 
 collection of taxes may bear such rate of interest, not exceed- 
 
369 
 
 Appendix. 
 
 ing six per centum per annum, as the said mayor and comp- 
 troller shall determine ; and all bonds hereafter to be issued 
 by the City of Brooklyn, by virtue of this act, or of any other 
 act, whether general or special, shall be free and exempt 
 from all taxation except for State purposes. All stock of the 
 City of Brooklyn hereafter issued in pursuance of laws already 
 passed, or which may be hereafter passed, authorizing the 
 issue of stock or bonds of the City of Brooklyn shall, unless 
 such laws otherwise provide, be known as " consolidated stock 
 of the City of Brooklyn," and be issued under the authority 
 of this title, as well as of the authority of said laws. The 
 consolidated city stock so authorized to be issued shall be 
 either registered or coupon stock, in sums of not less than 
 five hundred dollars each share, conditioned to be paid in 
 gold coin or in the legal currency of the United States, at 
 the option of the said comptroller, and shall be made redeem- 
 able at a period not less than twenty years and not more than 
 fifty years from the date of issue thereof. The coupon con- 
 solidated city stock may be converted into registered stock at 
 any time at the option of the holder thereof, and the said 
 comptroller is hereby authorized to issue registered or con- 
 solidated city stock therefor in manner and form as herein- 
 before provided, and such registered stock shall be transfer- 
 able at the option of the holder at any time, under such rules 
 and regulations as the said comptroller shall prescribe. To 
 provide for the payment of all bonds^ and stocks of said city 
 hereafter issued pursuant to the provisions of any statute 
 authorizing the same, but which, by the provisions of such 
 statute, are payable from taxation other than revenue bonds 
 issued in anticipation of the collection of taxes, there shall be 
 included by the board of estimate in the annual estimate 
 each year of the amount required to be raised by law for all 
 city and county purposes for the fiscal year next succeeding 
 such proportionate sum as shall be certified to the said board 
 by the comptroller as sufl&cient, with the accumulations of 
 interest thereon, to meet and discharge the amount of said 
 bonds and stocks by the time the same shall be payable, 
 which sum shall be placed in the tax levy each year, and shall 
 be paid annually in the month of January to the commis- 
 
Appendix. 
 
 370 
 
 sioners of the sinking fund, to be invested by them in the 
 same manner as is provided that the revenue pledged to the 
 sinking fund for the redemption of the city debt may be 
 invested. The comptroller shall keep careful accounts in his 
 office of all stocks, bonds, certificates and other obligations 
 of the City of Brooklyn, and shall prescribe the form of such 
 obligations and sign the same jointly with the mayor, but no 
 stocks, certificates or bonds or other obligations shall be de- 
 livered by them for any loan to the corporation until the 
 amount has been actually deposited iu the city treasury, and 
 the receipt for the money is produced and filed in the comp- 
 troller's office. 
 
 Chap. 648, Laws of 1895. 
 
 See Chap. 340, Laws of 1895. 
 
 Sec. 11. The sinking fund shall comprise all moneys here- 
 tofore or hereafter raised by tax or received from other 
 sources for the payment of the principal or interest of city 
 loans, together with the interest accruing from the invest- 
 ment of such money by the commissioners of the sinking 
 fund ; also all pa^'ments made for investments, interest on 
 the city loans and for redemptions of the principal thereof. 
 The accounts of this fund shall at all times exhibit the de- 
 scription and amounts of securities and investments belong- 
 ing to it ; also the amount of unemployed money on hand, 
 and the names of the institutions in which the same are de- 
 posited. Any excess there may be in said fund, after pro- 
 viding for the payment of the bonds and stocks of said city, 
 and the interest thereon payable therefrom, as provided by 
 law, shall form a fund for the payment of other bonds and 
 stocks of said cit}^, as by this statute provided. All moneys 
 and revenues of said city heretofore pledged and appropriated 
 to and constituting and founding said sinking fund, or that 
 may hereafter be provided therefor, shall continue to be and 
 the same are hereby pledged and appropriated to said fund 
 until all of said bonds and stocks of the said city shall be 
 fully and finally redeemed. Nothing in this title contained 
 shall be held to require or authorize the commissioners of 
 the sinking fund to use or apply any part or portion of the 
 accumulations in said sinking fund for the redemption of the 
 
371 
 
 Appendix. 
 
 city debt or the revenues of said fund in any manner what- 
 ever whereby the security of said fund for the payment of 
 the bonds and stocks of said city, for which said fund is now 
 pledged by law, and which are a charge on said fund, shall 
 be alienated or impaired, and the said bonds and stocks are 
 hereby declared to constitute a preferred charge on said 
 sinking fund until the same are fully and finally paid and 
 redeemed. 
 
 Chap. 648, Laws of 1895. 
 
 ? 16. The moneys and securities of the sinking fund shall 
 be under the control and management of three commissioners, 
 consisting of the mayor, comptroller and auditor, who shall 
 be known as the commissioners of the sinking fund. The 
 comptroller shall have the custody of all securities, books and 
 papers belonging to said commissioners or appertaining to 
 said fund. All bonds and other securities belonging to the 
 sinking fund shall be indorsed by the comptroller as follows : 
 "The property of the sinking fund of the City of Brooklyn, 
 transferable from said fund only by written order of the 
 mayor, comptroller and auditor, the commissioners of said 
 fund." Any transfer, without such order, of any bond so in- 
 dorsed shall be null and void. The commissioners of the 
 sinking fund are hereby authorized and empowered to call 
 in, pay and redeem any portion of the bonded debt now a 
 charge upon the treasury of the said city, other than revenue 
 bonds issued in anticipation of the collection of taxes, when 
 they may deem it to be advantageous for the interest of the 
 city so to do, and for this purpose the said commissioners of 
 the sinking fund are hereby empowered to authorize by a 
 concurrent vote and direct the comptroller to issue and sell 
 or exchange therefor at not less than par "consolidated 
 stock " of said city, payable within a period of not less than 
 twenty nor more than fifty years from the ciate of issue 
 thereof ; and upon the payment and redemption of any por- 
 tion of said bonded debt the certificate thereof shaU be can- 
 celled by said commissioners. The " consolidated stock " of 
 said city, issued as by this section authorized, after fully pro- 
 viding for the preferred bonds and stocks of said city, as 
 specified in section eleven of this title, shall form a charge 
 
Appendix. 
 
 372 
 
 upon the said sinking fund for the redemption of the city 
 debt, and Any part of said bonded debt falling due not ex- 
 changed for or redeemed from the proceeds of consolidated 
 stock, as herein provided, may be paid from said sinking 
 fund for the redemption of the city debt, provided such pay- 
 ment shall not in any way impair the preferred claims 
 thereon, as in section eleven of this title specified ; and pro- 
 vided, also, the commissioners of the sinking fund shall deem 
 it for the best interests of the city that such payment should 
 be made. From the said sinking fund for the redemption of 
 the city debt and the interest thereon shall be paid and re- 
 deemed all preferred bonds and stocks of said city for the 
 payment or redemption of which said fund is pledged, as 
 aforesaid, and other bonds and stocks of said city, as by this 
 title authorized. 
 
 Chap. 648, Laws of 1895. 
 
 § 18. The said commissioners shall, from time to time, in- 
 vest the money of said fund in any stock for the payment of 
 which the faith of this State or the XJnitea States is or shall 
 be pledged, or in any of the bonds or securities issued by 
 said city or the County of Kings, and shall deposit said mon- 
 eys with any safe moneyed corporation in this State, and 
 make such contracts with such institution for the duration of 
 such deposits and the interest thereon as they shall consider 
 for the best interest of such fund, and may also at such times 
 and upon such terms, as they may deem advisable, pay any 
 part of the moneys borrowed or raised, for the final payment 
 of which the faith and property of the city is pledged in pur- 
 suance of law. And it shall be the duty of the sinking fund 
 commissioners, on or before the fifteenth day of May in each 
 year, to certify to the board of estimate such amounts of 
 money as must, under the law, be inserted in the ensuing 
 annual estimate of said board and raised by taxation to meet 
 the annual interest upon, or the principal of, any bonds or 
 obligations issued by the said City of Brooklyn. 
 Chap. 648, Laws of 1895. 
 
373 
 
 Appendix. 
 
 TITLE VII.— Collection. 
 
 Section 6. The supervisors of the County of Kings shall 
 cause the corrected assessment rolls of the several wards, or 
 fair copies thereof, with warrants for collection, to be delivered 
 to the collector on or before the fifteenth day of November in 
 each year, and shall also deliver to the comptroller a copy of 
 such rolls : and the common council shall cause every assess- 
 ment roll made for any improvement in said city, or a fair 
 copy thereof, with a warrant for collection, to be delivered to 
 said collector within ten days after the same shall be finally 
 confirmed, and also deliver to the comptroller a copy of such 
 roll. But no warrant for the collecuon of any assessment 
 shall be issued by the common council until all the proceed- 
 ings had in laying said assessment shall have been examined 
 and certified as correct by the commissioner of city works and 
 the corporation counsel, which certificate shall be indorsed 
 upon or annexed to the assessment roll, and shall be pre- 
 sumptive evidence of the regularity of the proceedings. The 
 collection of taxes shall be commenced on the fifteenth day 
 of December in each year. 
 
 Chap. 888, Laws of 1895. 
 
 § 10. On all taxes and assessments which shall be paid to 
 the collector before the expiration of thirty days from the 
 time the same shall become due and payable, an allowance 
 shall be made to the person or persons making such pay- 
 ments, at the rate of seven and three-tenths per centum per 
 annum for the unexpired portion thereof, and the amount of 
 such allowance shall be credited to the account of the col- 
 lector and charged to the account of the revenue fund. On 
 all taxes, assessments and water rates paid after the expira- 
 tion of thirty days from the time the same shall have become 
 due and payable, there shall be added to and collected as 
 part of every such tax, assessment or water rate, interest at 
 the rate of nine per centum per annum, to be computed from 
 the time the same became due and payable to the date of 
 said payment. 
 
 Chap. 888, Laws of 1895. 
 
Appendix 
 
 374 
 
 TITLE X— Assessment. 
 
 Section 3. The said assessors shall make out the assess- 
 ment lists aud rolls for local improvements and taxes, and 
 perform such other duties as may be required of them under 
 the direction of the president. Said board of assessors shall 
 have power, and it shall be their dut}^ to make all assess- 
 ments for taxes and local improvements except for sewers, in 
 in the City of Brooklyn in the manner by this act or other 
 laws provided, and all provisions of law now applicable to 
 the assessors of Brooklyn, or towns in this State, in relation 
 to assessments for taxes in said city, are hereby declared to 
 apply to the assessors t j be appointed under this act. The 
 ward maps made, or to be made, shall continue to be in the 
 custody of said board of assessors, and all assessments shall 
 refer to said maps, except in cases where they do not exist ^ 
 and where a portion of any lot of laud laid down on said 
 maps shall be taken for any improvement, the residue shall 
 be deemed liable to be assessed for such improvement ; and 
 land occupied by a person other than the reputed owner may 
 be assessed in the name of the occupant. Where two or 
 more lots shown upon said maps are improved as one parcel, 
 they may be assessed together. No tax, assessment or water 
 rate, and no amount by way of tax, assessment and water 
 rate, heretofore levied or fixed, adjusted, determined and 
 certified witb reference to any property situated within the 
 City of Brooklyn, and no pending proceeding for the sale or 
 pending sale or notice of the sale of any such property for 
 the non-payment of any such tax, assessment, water rate or 
 amount, shall be held or declared to be invalid or ineffectual 
 by reason of the fact that two or more lots shown on said 
 maps, whether vacant or improved, have been valued or 
 assessed as one parcel, or by reason of the fact that such tax, 
 assessment, water rate or amount has been levied or fixed, 
 adjusted, determined and certified upon two or more such 
 lots tied together as one parcel, but afl such taxes, assess- 
 
375 Appendix 
 
 ments, water rates and amounts so levied or fixed, adjusted, 
 determined and certified, and all such pending proceedings 
 are hereb}- ratified, made valid and effectual in the law. 
 
 Chap. 1015, Laws of 1895. 
 
 (See Sec. 2, Chap. 1015, Laws of 1895). 
 
 TITLE XL— Police and Excise. 
 
 Section 6. The co-nmissioner of police and excise of the 
 City of Brooklyn is hereby authorized, by and with the con- 
 sent and approval of a majority of the board of estimate of 
 said city and county of Kings, to fix the salary of the super- 
 intendent of police of said city at an amount not less than 
 four thousand dollars nor more than five thousand dollars 
 per annum, and fix the salaries of the inspectors of police of 
 said city at an amount not less than two thousand five 
 hundred nor more than three thousand five hundred dollars 
 per annum, and fix the salaries of the captains of police of 
 said city at an amount not less than two thousand nor more 
 than two thousand seven hundred and fifty dollars. Also to 
 fix the salaries of sergeants of police of said city at an 
 amount not less than fifteen hundred dollars nor more than 
 two thousand dollars per annum : also to fix the salaries of 
 all detectives attached to the police department of said city 
 at an amount not less than fifteen hundred dollars nor more 
 than two thousand dollars per annum, and said detectives 
 shall be known under and by the name of detective sergeants, 
 and shall rank the same as all other sergeants of police, and 
 shall be eUgible for promotion in the entire poHce force in 
 said city, under the same rules and conditions applicable to 
 the promotion of all other sergeants of police in said city ; 
 also to fix the salaries of the roundsmen of said city at an 
 amount not less than eleven hundred nor more than twelve 
 hundred dollars per annum. 
 
 Chap. 996, Laws of 1895. 
 
Appendix 
 
 376 
 
 TITLE XIV.— Buildings. 
 
 Section 1. The head of the department of buildings shall 
 be the commissioner of buildings : he shall be a practical 
 mason, carpenter or architect of at least ten years' experience ; 
 he shall have sole and exclusive control and management of 
 all matters relating to the regulation and supervision of the 
 erection, alteration, repair, demolition and removal of all 
 buildings within the City of Brooklyn, and is charged with 
 the execution of the provisions of this act relating to buildings, 
 as hereinafter provided. He shall appoint such inspectors, 
 clerks, experts and such other subordinates as in his judg- 
 ment may be necessary to carry out and enforce the provi- 
 sions of this act, and fix their salaries : the inspectors of 
 buildings shall be practical architects, civil engineers, masons 
 or carpenters of at least ten years' experience : the inspectors 
 of elevators shall be practical machinists : the experts shall 
 be practical builders, architects or engineers, and competent 
 to pass on all plans and questions relating to buildings of 
 any kind. The commissioner shall have full power to revoke 
 and cancel any permit or certificate of approval granted by 
 him in case the person or persons to whom the same is 
 issued fails or neglects to comply with any of the provisions 
 of this title, or of any law or ordinance relating to buildings 
 in the City of Brooklyn. 
 
 Chap. 292, Laws of 1895. 
 
 § 6. In buildings, where the space under the sidewalk is 
 utilized, a suflScient stone or brick wall shall be built to 
 retain the roadway of the street, and the side, end or party 
 walls of such buildings shall extend under the sidewalk, of 
 sufficient thickness, to such walls. The roofs of all vaults 
 shall be of incombustible material. If formed of brick or 
 concrete arches, such arches must have at least one inch rise 
 for every foot of span. Openings in the roofs of vaults for the 
 admission of coal or light shall be covered, with lights of 
 glass in iron frames, or with iron covers having a rough sur- 
 face, and rabbeted flush with the sidewalk : these lights shall 
 
377 
 
 Appendix. 
 
 not be more then four inches square. When areas are 
 covered, iron, or iron and glass combined, stone or other 
 incombustible materials shall be used, and sufficient strength 
 in such covering shall be provided to insure safety to persons 
 walking on the same, and to carry the loads which may be 
 placed thereoD. Open areas shall be properly protected with 
 suitable railings. All areas more than eight feet in depth 
 below curb level must be covered. 
 Chap. 292, Laws of 1895. 
 
 ? 7. The party walls of dwelling houses not over twenty 
 feet in width and forty-five feet in depth and thirty-five feet 
 in height, if built of brick, may be eight inches in thickness, 
 but no eight-inch bearing wall shall be built below curb level, 
 and no front, side or rear wall shall be less than twelve inches 
 in thickness. All buildings shall have front, rear and side 
 walls. The walls of all dwelling houses, whether called 
 tenement houses, apartment houses, flats, hotels, or other 
 buildings, which are to be used for residence purposes, 
 twenty-six feet or less in width between bearing walls, and 
 also the walls of school houses, which are hereafter erected, 
 or which may be altered to be used as herein specified, over 
 thirty -five feet in height, and not over fifty feet in height, 
 shall not be less than twelve inches thick above the founda- 
 tion wall. No wall shall be built having a twelve inch thick 
 portion measuring vertically more than fifty feet, except non- 
 bearing partition walls, sufficiently supported by cross walls, 
 in which case the twelve inch thick portion may be built 
 sixty feet above curb level. If over fifty feet in height, and 
 not over sixty feet in height, the walls shall not be less than 
 twelve inches thick above the level of the second tier of 
 beams, and not less than sixteen inches thick in the first 
 story. If over sixty feet in height, and not over seventy-five 
 feet in height, the walls shall not be less than sixteen inches 
 thick to the height of twenty -five feet, or to the nearest tier 
 of beams to that height, and from thence not less than 
 twelve inches thick to the top. If over seventy-five feet in 
 height, and not over eighty-five feet in height, the walls shall 
 not be less than twenty inches thick to the height of twenty 
 feet, or to the nearest tier of beams to that height, thence 
 
Appendix 
 
 378 
 
 not less than sixteen inches tbiok to the height of sixty feet, 
 or to the nearest tier of beams to that height, and from 
 thence not less than twelve inches thick to the top. If over 
 eighty-five feet in height, and not over one hundred feet in 
 height, the walls shall not be less than twenty-four inches 
 thick to the heii>htof thirty-five feet, or to the nearest tier of 
 beams to that height, thence not less than twenty inches 
 thick to the height of seventy-five feet, or to the nearest tier 
 of beams to that height, and from thence not less than six- 
 teen inches thick to the top. If over one hundred feet in 
 height, and not over one hundred and fifteen feet in height, 
 the walls shall not be less than twenty-eight inches thick to 
 the height of twenty-five feet, or to the nearest tier of beams 
 to that height, thence not less than twenty-four inches thick 
 to the height of fifty feet, or to the nearest tier of beams to 
 that height, thence not less than twenty inches thick to the 
 height of ninety feet, or to the nearest tier of beams to that 
 height, and from thence not less than sixteen inches thick to 
 the top. If over one hundred and fifteen feet in height, each 
 additional twenty- five feet in height or part thereof, next above 
 the curb, shall be increased four inches in thickness, the 
 upper one hundred and fifteen feet of wall remaining the 
 same as specified for a wall of that height. All dwelling 
 houses erected under this section exceeding twenty-six feet in 
 width must have brick partition walls. All non-bearing 
 walls of buildings, hereinbefore in this section specified, may 
 be four inches less in thickness ; provided, however, that 
 none are less than twelve inches thick, except as hereinafter 
 specified. Eight inch brick partition walls may be built to 
 support the beams in such buildings in which the distance 
 between the bearing walls is not over thirty-three feet, pro- 
 vided that no clear span is over twenty-six feet ; but no such 
 partition wall shall be built having an eight inch thick por- 
 tion measuring vertically more than fifty feet. This clause 
 shall not be construed to prevent the use of iron or steel 
 girders, or iron or steel girders and columns, or piers of 
 masonry, for the support of the walls and ceilings over any 
 room which has a clear span of more than twenty-six feet 
 between walls, in such buildings as are not fireproof, nor to 
 
379 
 
 Appendix. 
 
 prevent tlie use of iron or steel girders and columns instead 
 of brick partition walls, in fireproof buildings, for residences, 
 constructed pursuant to the provisions of section fifteen. If 
 the clear span is to be over twenty-six feet, then the bearing 
 walls shall be increased four inches in thickness for every 
 twelve and one-half feet, or part thereof, that said span is 
 over twenty-six feet, or shall have instead of the increased 
 thickness such piers or buttresses as in the judgment of the 
 commissioner of buildings may be necessary. 
 Chap. 292, Laws of 1895. 
 
 § 10, In all walls the same amount of materials may be 
 used in piers or buttresses. Curtain walls may be made four 
 inches less in thickness than is specified, respectively, for 
 walls of dwellings and buildings other than dwellings, but 
 no curtain walls shall be less than twelve inches thick. If 
 any horizontal section through any part of any bearing wall 
 in any building shows more than twenty-five per centum area 
 of flues and openings, the said wall shall be increased four 
 inches in thickness for every ten per centum, or fraction 
 thereof, of flue or opening area in excess of twenty-five per 
 centum. Ever}^ pier built of brick containing less than nine 
 superficial feet at the base, supporting any beams, girders, 
 arch or column on which a wall rests, or lintel spanning an 
 opening over ten feet, and supporting a wall, shall, at inter- 
 vals of not over thirty-six inches apart in height, have built 
 into it a bo^d stone not less than four inches thick, or a cast- 
 iron plate of sufficient strength and the full size of the piers. 
 All piers- shall be built of stone or good, hard, well burnt 
 brick, laid in cement mortir. For piers fronting on the 
 street the bond stones may conform with the kind of stone 
 used for the trimmings of the front. Isolated brick piers 
 shall not exceed in height eight times their least dimensions. 
 Cap stones of cut granite or blue stone, at least twelve inches 
 thick by the full size of the pier, shall be set under all col- 
 umns and girders. Stone posts for the support of posts or 
 columns above shall not be used in the interior of any build- 
 ing. Where walls or piers are built of coursed stones with 
 dressed level beds and vertical joints, the commissioner of 
 buildings shall have the right to allow such walls or piers to 
 
Appendix 
 
 380 
 
 be built of a less thickness than specified for brickwork, but 
 in no case shall said walls or piers be less than three-quarters 
 of the thickness provided for the brickwork. All bearing 
 walls faced with brick laid in running bond shall be four 
 inches thicker than the walls are required to be under aAy 
 section of this title. In all brick walls every sixth course 
 shall be a heading course, except where walls are faced with 
 brick in running bond, in which latter case every sixth course 
 shall be bonded into the backing l)y cutting the course of the 
 face brick, and putting in diagonal headers behind the same, 
 or by splitting the face brick in half and backing the same 
 with a continuous row headers. All stone used for the facing 
 of any building and known as ashlar, shall not be less than 
 four inches thick. Stone ashlar shall l)e anchored to the 
 backing, and the backing shall be of such thickness as to 
 make the Wi:lls independent of the ashlar, conform as to the 
 thickness with the requirements of this title relating to thick- 
 ness of walls. Iron ashlar plates used in imitation of stone 
 ashlar on the face of the wall shall be backed up with the 
 same thickness of brickwork as stone ashlar. ' Walls hereto- 
 fore built for or used as party walls, whose thickness at the 
 time of their erection was in accordance with the require- 
 ments of the then existing laws, but which are not in accord- 
 ance with the requirements of this title, may be used, if in 
 good condition, for the oi'dinary uses of party walls, provided 
 the height of the same be not increased. In case it is de- 
 sired to increase the height of existing party or independent 
 walls, which walls are less iu thickness than required under 
 this title, the same shall be done by a lining of brickwork to 
 form a combined thickness witli the old walls of not less than 
 four inches more than the thickness required for a new wall 
 corresponding with the total height of the wall when so in- 
 creased in height. The said lining shall be supported on 
 proper foundations and carried up to such heights as the 
 commissioner of buildings may require. No lining shall be 
 less than eight inches in thickness, and all linings shall be 
 laid up in cement mortar and thoroughly anchored to the old 
 brick walls with suitable wrought-iron anchors placed two 
 feet apart and properly fastened or driven into the old walls 
 
381 
 
 Appendix 
 
 in rows alternating vertically and horizontally with each 
 other, the old walls being first cleaned of plaster or other 
 coatings where any lining is to be built against the same. 
 In no case shall any wall or walls of any buildings be carried 
 up more than two stories in advance of any other wall, ex- 
 cept by permission of the commissioner of buildings. The 
 front, rear, side and party walls shall be properly bonded to- 
 gether or anchored to each other every four feet in their 
 height by wrought iron tie anchors not less than one and 
 one-half inches by three eights of an inch in size. The 
 anchors shall be built into the side or party-wall not less than 
 sixteen inches, and into the front and rear walls, so as to 
 secure the front and rear walls to the side or party walls 
 when not built and bonded together. All piers shall be 
 anchored to beams on the level of each tier. The walls and 
 beams of every building, during the erection or alteration 
 thereof, shall be strongly braced from the beams of every 
 story, and when required shall also be braced from the out- 
 side until the building is inclosed. The roof tier of wooden 
 beams shall be safely anchored with plank or joists to the 
 beams of the story below until the building is inclosed. 
 Chap. 292, Laws of 1895. 
 
 § 13. The height of all the walls shall be measured from 
 the curb level at the center of the building to the top of the 
 highest point of the roof beams in the case of flat roofs, and 
 for high pitched roofs the average of the height of the gable 
 shall be taken as the highest point of the wall. In case the 
 wall is carried on iron girders, or iron girders and columns 
 or piers of masonry, the measurement as to height may be 
 taken from the top of such girder. When the walls of a 
 structure do not join the street, then the average level for 
 the ground adjoining the walls may be taken instead of the 
 curb level for the height of such structure. The width of 
 buildings for the purpose of this title may be determined by 
 the way the beams are placed. The lengthwise of the beams 
 may be considered and taken to be the widthwise of the 
 building, and the bearing walls are those walls on which the 
 beams or trusses rest. Eight inch brick and six inch and 
 four inch hollow tile partition walls of hard burnt clay or 
 
Appendix 
 
 382 
 
 porous terra cotta may be built not exceeding in their verti- 
 cal portions a measurement of fifty, thirty-six and twenty 
 feet, respectively, and in their horizontal measurement a 
 length not exceeding seventy -five feet, unless strengthened 
 by proper cross- walls, piers or buttresses. All such walls 
 are to be carried on proper foundations or on iron girders, 
 or iron girders and columns, or piers of masonry. One line 
 of fore and aft partitions in the cellar, supporting partitions 
 above in all buildings exceeding twenty feet in width, here- 
 after erected, shall be constructed of brick not less than eight 
 inches thick ; or piers of brick with openings arched over 
 below the under side of the first tier of beams ; or girders 
 of iron or steel and iron or steel columns ; or piers of 
 masonry may be used ; or if iron or steel floor beams span- 
 ning the distance between bearing walls are used of adequate 
 strength to suppoi t the stud partitions above, in addition to 
 the floor load, to be sustained by the said iron or steel beams, 
 then the fore and aft brick partition of its equivalent may be 
 omitted. Fore and aft stud partitions, and such othev main 
 stud partitions as may be required by the commissioner of 
 buildings, which may be placed in the cellar or lowest story 
 of any building, shall have good, solid stone or brick founda- 
 tion walls under the same, which shall be built up to the top 
 of the floor beams or sleepers, and the sills of said partitions 
 shall be of locust, or other suitable hard wood, but if the 
 walls are built five inches higher of brick than the top of the 
 floor beams or sleepers, any wooden sill may be used on 
 which the studs shall be set. Fore and aft stud partitions 
 that rest directly over each other shall run between the 
 wooden fluor beams and rest on the plate of the partition 
 below, and shall have the studding tilled in solid between the 
 uprights to the depth of the floor beams with suitable incom- 
 bustible materials. All girders supporting the first tier of 
 wooden beams in buildings shall be supported by brick piers 
 or iron, locust or other suitable hard wood posts of sufficient 
 strength on proper foundations. 
 Chap. 292, Laws ofl895. 
 
 § 22. If a mansard or other roof of like character be placed 
 on any building, except a wooden building, or a dwelling- 
 
383 
 
 Appendix 
 
 house not exceeding thirty-five feet in height, it shall be con- 
 structed of iron rafters and lathed with iron on the inside 
 and plastered, or filled in with fireproof material not less 
 than three inches thick, and covered with metal or tile. All 
 exterior cornices, inclusive of those on show windows and 
 gutters of all buildings, shall be of some fire-proof material 
 and be well secured to the walls with iron anchors, independ- 
 ent of any woodwork. In all cases the walls shall be carried 
 up to the planking of the roof. Where the cornice projects 
 above the roof the walls shall be carried up to the top of the 
 cornice. The party walls shall in all cases extend up above 
 the planking of the cornice and be coped. All exterior 
 wooden cornices on other than frame buildings, that may 
 now be or that may hereafter become unsafe or rotten, shall 
 be taken down, and if replaced shall be constructed of some 
 fire-proof material. Bulkheads used as inclosures for tanks 
 and elevators and coverings for the machinery of elevators, 
 and all other bulkheads hereafter erected or altered, may be 
 constructed of hollow fire proof blocks, or cf wood covered 
 with not less than two inches of fire-proof material, or filled 
 in the thickness of the studding with such materials, covered 
 on all sides with metal, including sides and edges of doors. 
 Covers on top of water tanks placed on roofs may be of wood 
 covered with tin. Staircase bulkheads of dwelling houses 
 shall be covered with tin on all sides. Roof tanks and other 
 structures of a like character shall be supported on iron 
 beams, resting on bearing w^alls, and not located directly over 
 any hall or stairway. 
 
 Chap. 292, Laws of 1895. 
 
 § 23. The planking and sheathing of the roof of every 
 building erected or built as aforesaid shall in no case be 
 extended across the side, end or party wall thereof. Every 
 such building and the tops and sidt s of every dormer window 
 thereon shall be covered and roofed with slate, tin, copper or 
 iron, or such other quality of fire-proof roofing as the com- 
 missioner of buildings, under his certificate, may authorize, 
 and the outside of the frames of every dormer window here- 
 after placed upon any building as aforesaid shall be made of 
 some fire-proof material. All buildings shall have scuttles or 
 
Appendix 
 
 384 
 
 bulkheads, covered with some fire-proof material, with lad- 
 ders or stairs leading thereto and easily accessible to all ten- 
 ants. No scuttle shall be less in size than two by three feet. 
 All skylights having a superficial area of more than nine 
 square feet placed in an}' building shall h ive the sashes and 
 frames thereof constructed of iron and glass. Every fire- 
 proof roof hereafter placed on any building shall have besides 
 the usual scuttle or bulkhead a skylight or skylights of a 
 superficial area equal to not less than one-fiftieth the super- 
 ficial area of such fire-proof roof. All buildings shall be kept 
 provided with proper metflllic leaders for conducting water 
 from the roofs in such manner as shall protect the walls and 
 foundations of such buildings from injury. In no case shall 
 the water from said leaders be allowed to flow upon the side- 
 walk, but the same shall be conducted by pipe or pipes to 
 the sewer. If there be no sewer in the street upon which 
 such buildings front, then the water from said leader shall 
 be conducted by proper pipe or pipes, below the surface of 
 the sidewalk to the street gutter. 
 Chap. 292, Laws of 1895. 
 
 § 24. No frame or wooden building or structure shall here- 
 after be built except as in this section authorized in that por- 
 tion of the City of Brooklyn within the following boundary 
 line : Beginning at a point on the East River formed by the 
 intersection of North Fourth street into the boundary line of 
 the City of Brooklyn on the East River, running thence along 
 the boundary line of the City of Brooklyn on the East River, 
 Gowanus Bay, Gowanus Canal and New York Bay to a point 
 one hundred feet south of Sixtieth street ; thence easterly on 
 a line drawn one hundred feet south of and parallel to the 
 southerly side of Sixtieth street to Eighth avenue ; thence 
 northerly on a line drawn one hundred feet east of and 
 parallel to the easterly side of Eighth avenue to Thirty- 
 ninth street ; thence easterly on a line drawn one hundred 
 feet south of and parallel to the south side of Thirty-ninth 
 street to Fort Hamilton avenue ; thence northeasterly on a 
 line drawn one hundred feet south of and parallel to the 
 southerly side of Fort Hamilton avenue, Ocean parkway and 
 Franklin avenue to Flatbush avenue, between Robinson 
 
385 Appendix. 
 
 street and Clarkson avenue; thence northerly on a line 
 drawn one hundred feet east of and parallel to the easterly 
 side of Flatbush avenue to its junction with Franklin avenue ; 
 thence northerly on a line drawn one hundred feet east of 
 and parallel to the easterly side of Franklin avenue to Crown 
 street : thence easterly on a line drawn one hundred feet 
 south of and parallel to the southerly side of Crown street to 
 its junction with Albany avenue : thence northeasterly on a 
 line drawn one hundred feet east of and parallel to the east- 
 erly side of Albany avenue to Fulton street ; thence easterly 
 on a line drawn one hundred feet soutn of and parallel to the 
 southerly side of Fulton street to Stone avenue : thence 
 northerly on a line drawn one hundred feet east of and par- 
 allel to the easterly side of Stone avenue to Broadway : thence 
 northwesterly on a line drawn through the center of Broad- 
 way to Flushing avenue : thence northerly on a line drawn 
 through the center of Flushing avenue to Bushwick avenue : 
 thence easterly on a line drawn through the center of Bush- 
 wick avenue to Ten Eyck street ; thence westerly on a line 
 drawn through the center of Ten Eyck street to Union avenue ; 
 thence northerly on a line drawn through the cente r of Union 
 avenue to North Second street : thence westerly on a line 
 drawn on the center of North Second street to a point at the 
 intersection of North Second street, Roebling street and 
 North Fourth street ; thence northwesterly on a line drawn 
 through the center of North Fourth street to a point or place 
 of beginning. Excepting from said limits that portion of 
 the city lying between Prospect Park and Greenwood Ceme- 
 tery and bounded on the north by the boundary line of the 
 Twenty-second Ward and bounded on the south by a line 
 drawn one hundred feet north of and parallel to the north 
 side of Fort Hamilton avenue. Temporary one-story frame 
 buildings may be erected for the use of builders within the 
 limits of lots whereon buildings are in course of erection, or 
 on adjoining vacant lots, upon permits issued by the commis- 
 missioner of buildinjrs, such permits may be revoked at any 
 time, and all such buildings must be removed by the parties 
 erecting the same when and as ordered by the said commis- 
 sioner. Fences of wood shall not be erected over ten feet 
 high. Signs of wood shall not be erected over two feet high 
 
Appendix. 
 
 386 
 
 on any building. No signs of wood constructed upon uprights 
 or other supports shall be at any point more than ten feet 
 above curb level. Piazzas or balconies of wood which do not 
 exceed eight feet in width, and which do not extend more 
 than three feet above the second-story floor beams, may be 
 erected, but ouly upon a permit from the commissioner of 
 buildings. The roofs of all piazzas shall be covered with 
 some fireproof material. Sheds of wood not over twelve feet 
 high, open on at least one side, with the sides and roof 
 thereof covered with fireproof material, and frame structures 
 not exceeding fifty square feet in area and eight feet in 
 height may be built, but only upon a permit from the com- 
 missioner of buildings. No fence shall «>e used as the back 
 or side of any shed. Any hay or oriel window that does not 
 exceed more than three feet above the second-story floor 
 beams of any dwelling house may be built of wood. No 
 empty packing boxes, nor other wooden cases or barrels shall 
 be piled or placed, or be allowed to accumulate in or upon 
 any lot or buildiug within the fire limits except upon a per- 
 mit which may be granted by the commissioner of the 
 department of ]:)uildings upon such conditions and under such 
 regulations as he may deem proper. Said permit may be 
 revoked at any time. Nothing in this section contained shall 
 be construed so as to limit in any way the authority now con- 
 ferred by law upon the common council of the City of Brook- 
 lyn to enlarge or extend the fire limits, so as to include out- 
 13'ing sections of the city surrounding the area above described. 
 Chap. 539, Laws of 1895. 
 
 § 46. Every house, building or portion thereof, in the City 
 of Brooklyn, designed to be used, occupied, leased or rented, 
 or which is used, occupied, leased or rented for a tenement 
 or lodging-house, shall have in every room which is occupied 
 as a sleeping- room, and which does not communicate directly 
 with the external air, a ventilating 01 transom window, hav- 
 ing an opening or area of three square feet, over the door 
 leading into and connected with the adjoining room, if such 
 adjoining room communicates w,th the external air, and also 
 a ventilating or transom window of the same opening or 
 area, communicating with the entry or hall of the house ; or 
 
387 
 
 Appendix. 
 
 where this is, from the relative situation of the rooms, 
 impracticable, such last mentioned ventilating or transom 
 window shall communicate with an adjoining room that itself 
 communicates with the entry or hall. Every such house or 
 building shall have in the roof, at the top of the hall an ade- 
 quate and proper ventilator, of a form approved by the com- 
 missioner of the department of buildings. 
 Chap. 539, Laws of 1895. 
 
 § 55. It shall not be lawful to erect for, or convert to, 
 the purposes of a tenement or lodging house, a building on 
 any lot where there is another building on the same lot, or 
 to erect any building on any lot where there is already a 
 tenement or lodging house, unless there is a clear, open 
 space exclusively belonging thereto, and extending upwards 
 from the ground, of at least ten feet between said buildings, 
 if they are one story high above the level of the ground ; if 
 they are two stories high, the distance between them shall 
 not be less than fifteen feet ; if they are three stories 
 high, the distance between them shall not be less than twenty 
 feet ; and if they are more than three stories high, the dis- 
 tance between them shall not be less than twenty-five ^eet. 
 No one continuous building shall be built for or converted to 
 the purposes of a tenement or lodging-house in the City 
 of Bn>oklyn upon an ordinary city lot, and no existing tene- 
 ment or lodging-house shall be enlarged or altered, or its 
 lot be diminished so that it shall occupy more than seventy 
 per centum of the said lot and in the same proportion if the 
 lot be greater or less in size than twenty-five by one hundred 
 feet ; and there shall be and remain a clear open space of 
 not less than ten feet between the rear end of said lot and 
 any building thereon ; but in the case of corner lots, the 
 building or buildings may, by special permit from the com- 
 missioner of buildings, be made to occupy not more than 
 ninety per centum of the lot. No building or premises occu- 
 pied for a tenement house shall be used for a lodging-house,, 
 private school, stable or for the storage or handling of rags, 
 unless with a permit in writing from the board of health ; 
 but nothing herein contained shall be construed to apply to 
 a building or premises so used for a stable prior to June 
 
Appendix. 
 
 388 
 
 first, eighteen hundred and ninety- five. In case of any vio- 
 lation of the provisions of this section, or of any failure to 
 comply with, or any violation of the terms and conditions of 
 the plan for such tenement or lodging-house, approved by 
 said department of buildings or the conditions of the permit 
 granted by the department of buildings for such house, or 
 for the air, light and ventilation of the same, any court of 
 record, or any judge or justice thereof, shall have power, at 
 any time after service of notice of violation, or of non-compli 
 ance, upon the- owner, builder or other person superintending 
 the building or converting of any such house, upon proof by 
 affidavit of any violation or non-compliance as aforesaid, or 
 that a plan for light and ventilation of such house has not 
 been approved by the department of buildings, to restrain by 
 injunction order, in an action by the City of Brooklyn, the 
 further progi-ess of any violation as aforesaid. No under- 
 taking shall be required as a condition of granting an injunc- 
 tion or by reason thereof. 
 
 Chap. 539, Laws of 1895. 
 
 § 56. In every such house hereafter erected or converted 
 every habitable room, except rooms in the attic, shall be in 
 every part not less than eight feet in height from the floor to 
 the ceiling ; and every habitable room in the attic of any 
 such building shall be at least eight feet in height from the 
 floor to the ceiling, throughout not less than one-half the 
 area of such rooms. Every such room shall have at least one 
 window connecting with the external air, or over the door a 
 ventilator of perfect construction, connecting it with a room 
 or hall which has a connection with the external air, and so 
 arranged as to produce a cross current of air. The total 
 area of window or windows in every room communicating 
 with the external air shall be at least one- tenth of the super- 
 ficial area of every such room ; and the top of one, at least, 
 of such windows shall not be less than seven feet six inches 
 above the floor ; and the upper half, at least, shall be made 
 so as to open the full width. Every habitable room of a less 
 area than one hundred superficial feet, if it does not com- 
 municate directly with the external air, and is without an 
 open fireplace, shall be provided with special means of venti- 
 
389 
 
 Appendix. 
 
 lation, by a separate air shaft extending to the roof, or other- 
 ^se, as the department of buildings may prescribe. But in 
 all houses erected or converted, after June first, eighteen 
 hundred and ninety-five, which shall be used, occupied, 
 leased or rented for a tenement or lodging-house, every room 
 used, let, or occupied by any person or persons for sleeping 
 shall have at least one window, with a movable sash, having 
 an opening of not less than twelve square feet, admitting 
 light and air directly from the public street or the yard of 
 the said house, unless sufficient light and ventilation shall be 
 otherwise provided, in a manner and upon a plan approved 
 by the department of buildings. 
 Chap. 539, Laws of 1895. 
 
 § 57. Every such house erected or converted after June 
 first, eighteen hundred and ninety-five, shall have adequate 
 chimneys running through every floor, with an open fireplace 
 or grate, or place for a stove, properly connected with one of 
 said chimneys, for every family and set of apartments. It 
 shall have proper conveniences and receptacles for ashes and 
 rubbish. It shall have the floor of the cellar properly 
 cemented, so as to be water-tight. The halls on each floor 
 shall open directly to the external air, with suitable windows, 
 and shall have no room or other obstruction at the end, 
 unless sufficient light or ventilation is otherwise provided for 
 said halls, in a manner approved by the commissioner of the 
 department of buildings. It shall have Ridge wood, or other 
 water furnished at one or more places in such house, or in 
 the yard thereof, as the health commissioner may designate, 
 so that the same may be adequate and reasonably conven- 
 ient for the use of the occupants thereof. 
 Chap. 539, Laws of 1895. 
 
 § 61. The commissioner of buildings, the inspectors of 
 buildings and the other employes of said department are 
 authorized and empowered to enter upon any lands or build- 
 ings for the purpose of making inspections and carrying out 
 the provisions of this title. The commissioner of buildings 
 shall examine, or cause to be examined, the dwelling houses 
 and other buildings in the city, for the purpose of ascertain- 
 
Appendix. 
 
 390 
 
 ing all violations of the laws and ordinances for the more 
 eflfectua] prevention of fires, and also to inspect the fire- 
 places, hearths, chimneys, stoves and pipes thereto, ovens, 
 boilers, heaters and all chemical apparatus, receptacles and 
 places for the deposit of ashes, or other things and substances 
 which, in his opinion, may be dangerous in causing or pro- 
 moting fire or dangerous to firemen or occupants in case of 
 fire. Upon finding anything defective or dangerous, tbe 
 owner or occupant, by a written or printed notice shall be 
 directed to alter, remove or amend the same, in such a man- 
 ner and within such reasonable time as the commissioner 
 may deem proper. 
 
 Chap. 292, Laws of 1895. 
 
 TITLE XV.-City Works. 
 
 Section 48. The expense of repairing the streets of said 
 city shall be a general city charge ; and the commissioner of 
 city works shall have exclusive power in relation to the 
 repairing of streets, but in no one year shall such expense 
 exceed the amounts raised for that purpose in the general 
 tax levy, and otherwise appropriated by the common council, 
 with the consent of the mayor, from unexpended balances of 
 the previous year. 
 
 Chap. 100, Laws of 1895. 
 
 § 50. The said board of estimate shall each year include 
 in their estimate of the amount required to be raised for city 
 purposes the amount necessary to meet during the year any 
 existing contract for the cleaning of streets, and also the 
 proper proportionate amount of the sums estimated as 
 required to be expended under the provisions of section 
 forty-six of this title, and also such an amount as they may 
 deem necessary and proper for the purpose of repairing and 
 also improving the condition of the streets and avenues of 
 the city by repaving the same, and the amount included in 
 the annual tax levy of the city for the purpose of repaving 
 shall be expended by the commissioner of city works, with 
 the consent and approval of the mayor, in repaving any street 
 
391 Appendix, 
 
 or avenue of the city or portion thereof, with granite blocks 
 or Belgian or other improved pavement. The common coun- 
 cil mav also upon the petition of a majority of the property 
 owners, or the owners of a majority of the property to be 
 affecttd, or by a three-fourths vote of the board of aldermen 
 ^d the consent of the mayor without such petition, repave 
 with asphalt, granite or other improved pavement, any street 
 already paved at the expense of the property owners. One- 
 half of tbe cost of such repavement shall be borne by the 
 city at large and the other half by tlie property benefited to 
 be assessed thereon in the same manner as other assessments 
 for local improvements are laid, except that it shall not be 
 necessary to lay any such assessment until after the comple- 
 tion of the work. Pro\ided, however, that in all cases where 
 a surface railroad is laid and operated through any such 
 street, one-fourth of the cost of such repavement shall be 
 assessed upon such railroad, and one-fourth thereof on the 
 other property benefited within the district of assessment. 
 The commissioner of city works may also from time to time, 
 with the written consent of the mayor, repave or resurface 
 any street which has been previously paved at the expense of 
 the property owners with an improved pavement, and any 
 street which forms a thoroughfare between different parts of 
 the city, of which by reason of its use ought in his judgment 
 to be repaved at the expense of the city at large. To meet 
 the cost of that portion of the repavements aforesaid, which 
 is made a general city charge, over and above the amounts 
 which may be included in the tax levies therefor, the mayor 
 and comptroller shail from time to time, upon the requisition 
 of the commissioner of city works, issue city bonds to be 
 called local improvement bonds, having not more than twenty 
 years to run, signed, sealed and countersigned as are other 
 city bonds. The proceeds of such bonds shall be paid into 
 the city treasury to the credit of the local improvement fund, 
 and shall be expended for the purposes authorized by the 
 provisions of this section, but no more than two hundred and 
 fifty thousand dollars in amount of such bonds shall be issued 
 in any one year. The board of estimate shall, in their annual 
 estimate of city expenses, provide for the interest on said 
 bonds and for the principal thereof at their maturity. They 
 
Appendix. 
 
 392 
 
 may also provide a sinking fund for the redemption of said 
 bonds as they become due. The common council may make 
 rules and regulations with reference to the use of streets 
 repaved pursuant to the provisions of this section and pre- 
 scribe the times, circumstances and conditions when and 
 under which the same may be opened by companies or corpo- 
 rations having franchises granting them the right so to do. 
 Chap. 1008, Laws of 1895. 
 • (See Sec. 2, Chap. 1008, Laws of 1895.) 
 
 East New York avenue and other streets, improvement of. 
 Chap. 327, Laws of 1895. 
 
 Eighth ward improvement. 
 Chap. 520, Laws of 1895. 
 
 TITLE XVI.— Parks. 
 
 § 2. The said department of parks shall have the exclusive 
 government, management and control of all the parks, squares 
 and public places in the city ; and full and exclusive power 
 to govern and manage the Ocean Parkway fr.^m the circle to 
 the southwesterly angle of Prospect Park to the ocean, and 
 direct and regulate the public use thereof, as also the circle 
 and concourse at either terminus, and also Eastern Parkway 
 in the ninth and twenty-fourth wards of said city, and to 
 govern, manage and direct the same and to regulate the pub- 
 lic use thereof, and of such parts of the several roads, streets 
 or avenues as run through or intersect the same, and to pass 
 and enforce laws and ordinances for the proper use, regula- 
 tion and government thereof, and for all the purposes of such 
 government, management and direction of public use, such 
 parts of said roads or avenues as pass through or intersect 
 said circles shall be deemed to be a part of Prospect Park, 
 and it shall be under like control and management as said 
 parkway, and the maintenance of said Ocean parkway and 
 concourse shall be a charge upon the City of Brooklyn . And 
 
393 
 
 Appendix. 
 
 the said department of parks shall have, subject to the limi- 
 tation aforesaid, full and exclusive power : 
 
 1. To lay out, regulate, improve and maintain the public 
 parks of said city, and Ov3ean parkway and the concourse 
 aforesaid, and also Eastern parkway in the ninth and twenty- 
 fourth wards of said city, and to govern, manage and direct 
 the same and the public use thereof, 
 
 2. To make ordinances, rules and regulations for their 
 proper management and government. 
 
 3. To appoint such engineers, surveyors, clerks and other 
 ofl&cers and such police force as they may deem expedient? 
 and to prescribe and define their respective duties and 
 authority : and to fix and regulate the compensation to be 
 paid to the several persons so to be employed by them. 
 
 4. To locate, erect and maintain fountains on the said 
 parks or parkways, or either of them, as well as upon the 
 streets and avenues which form the boundaries thereof or 
 intersect the same ; to erect and maintain iron and other 
 fences around the said parks : to flag and reflag the side- 
 walks of said streets, roads or avenues on the side which is 
 adjacent to the said parks ; to increase the width thereof, 
 and to set and reset curb and gutter stones, shade trees and 
 lamp posts thereon. 
 
 5. To determine the particular location of any railroad 
 track which is now or may be hereafter placed upon such 
 road, street or avenue, or upon any road, street or avenue 
 under the control of said department, provided, however, 
 that no such railroad track or tracks shall be placed upon 
 any such road, street or avenue without the consent thereto 
 of the commissioner of parks. 
 
 6. To seize and impound any cattle, sheep, swine, goats, 
 horsfs, geese or other animals found running at large upon 
 any of the public parks or parkways of the City of Brooklyn ; 
 to impose a penalty, not exceeding five dollars, with reasona- 
 ble expenses, upon any animal so seized, and to enforce the 
 payment thereof in such a manner as they shall by ordinance 
 direct. 
 
Appendix. 
 
 394 
 
 7. To let any buildings and the ground belonging to the 
 City of Brooklyn which may be within the limits of any pub- 
 lic park, for a term not to exceed one year, or until the same 
 shall be required for public use. 
 
 8. To sell any buildings, improvements or materials within 
 the limits of the said last-mentioned park and belonging to 
 said city, which in the judgment of said department shall not 
 be required for the purposes of said park or for public use, 
 and the proceeds of such sales shall be deposited with the 
 city treasurer to the credit of the department, and devoted 
 to the improvement of said Prospect park. 
 
 9. They may also, in the name of the city, or of the said 
 department, at their option, bring any action which they 
 may deem proper, to recover damages for the breach of any 
 agreement, express or implied, relating to or growing out of 
 the management or improvement of the said parks, parkways, 
 or other places, territory or streets under their control, for 
 penalties for the violation of any ordinances : or for injuries 
 to personal property appertaining to the said parks, places, 
 territory or streets, a jd to recover the possession of any such 
 property. The said department shall have charge and man- 
 agement for the purposes of police and improvement of the 
 land in the town of Flatbush, in the County of Kings, taken 
 pursuant to statute, for a parade ground for the County of 
 Kings. And all ordinances or rules which said department 
 shall at any time adopt for the regulation, use and manage- 
 ment of the said parks shall immediately thereafter be pub- 
 lished for at least ten days in two daily newspapers printed 
 in said city. 
 
 Chap. 947, Laws of 1895. 
 
 Monument to General Slocum. 
 Chap. 291, Laws of 1895. 
 
 County Parks. 
 
 Chap. 474, Laws of 1895. 
 
 Warren monument. 
 
 Chap. 542, Laws of 1895. 
 
395 
 
 Appendix. 
 
 TITLE XVII.— Public Instruction. 
 
 Section 15. The board of education of the City of Brooklyn 
 is hereby given the full care and management of the public 
 school teachers' retirement fund created by this act. The 
 board of education shall have charge of and administer s^id 
 public school teachers' retii-ement fund as it shall deem 
 most beneficial to said fund, and shall make payments from 
 said fund of allowances granted in pursuance of this act : 
 and shall, from time to time, establish such rules and regu- 
 lations for the application and administration of the said 
 fund as it may deem best. The public school teachers' re- 
 tii'ement fund herein provided shall consist of the following, 
 with the income and interest thereof : 
 
 1. The board of education shall on and after January one, 
 <iighteen hundred and ninety-six, reserve monthly, and turn 
 over to said fund, one per centum of the salaries paid each 
 month to the teachers who shall, prior to that date, elect to 
 come under the provisions o t this act ; and the board of edu- 
 cati; n shall also reserve monthly and tui'n into said fund 
 one per centum of the salaries paid each month to all teachers 
 appointed after Januaiy one, eighteen hundred and ninety- 
 six. 
 
 2. All moneys and property received by donation, legacy, 
 gift, bequest or otherwise fnr and on account of said fund. 
 
 3. All such other methods of increment as may be duly 
 and legally devised for the increase of said fund. The board 
 of education may retire from : ctive service any male teacher 
 not under sixty years of age, or any female teacher not under 
 fifty-five years of vge in its employ who has elected to come 
 under the provision-! of this act, or who shall be appointed on 
 a id after January o le, eighteen hundred and ninety-six, and 
 who has taught not less than thirty years, of which twenty 
 immediately preceding the proposed retirement shall have 
 been in the public r chools of Brooklyn. Each a* id every 
 teacher retired under the foregoing cl luse shall receive dur- 
 
Appendix. 
 
 396 
 
 ing life an allowance annually equal to one-half of the annual 
 salary received by said teacher at the time of said retirement, 
 to be paid in quarterly installments ; but no teacher so re- 
 tired shall receive more than twelve hundred dollars in any 
 one year ; provided, however, that no teacher shall be retired 
 until he or she shall have paid into the retirement fund an 
 amount equal to twenty per centum of his or h ir annual 
 salary at the time of retirement. Whenever the amount in 
 the retirement ; und herein provided shall not be sufficient in 
 any year to pay in full the allowances hereinbefore specified 
 payment shall be made in due proportion t^ the amount in 
 the retirement fund applicable to that purpose. 
 Ch pter 656, Laws of 1895. 
 
 Erection of school buildings. 
 
 See Chap. 290, Laws of 1895. 
 
 TITLE XVIII.— Contracts. 
 
 Section 1. All contracts and agreements by which the 
 city shall be held liable to pay money, shall be under the 
 authority of the common council, except for salaries and 
 those made for the management and control of the board of 
 education, the water works, the maintenance of sewers and 
 the repairing of streets, and also except those made for the 
 maintenance and management of the parks and other works 
 and matters under the control of the department of parks, 
 but the amount expended for the above-named purposes shall 
 not exceed the sums appropriated thf»refor by the common 
 council, or the amount j uthorized to l>e expended by issue of 
 bonds under heretofore existing laws. All contracts other 
 than for the above excepted purposes exceeding in amount 
 the sum of two hundred and fifty dollars shall be made in 
 the following manner : Whenever any work, materials or 
 improvements, shall h v ) bee»i duly declared to be necessary 
 by said common council, they shall authorize the department 
 of city W-. rks, and it shall be the duty of the department so 
 authorized to advertise in the corporation newspapers, for at 
 
397 
 
 Appendix 
 
 least ten dayr>, inviting bids or proposals therefore, under 
 seal, to be sent to the department of city ^vorks, -which 1 ids 
 or proposals shall be publicly opened and announced, -^-ith 
 the name of the bidder, the rate or amount proposed, and 
 the names of the sureties, which sui*eties shall be the owners 
 of real estate in t le City of Brooklyn in their own right to 
 the amount of such surety, and shall have held the same for 
 at least one year prior to becoming such surety : and before 
 awarding any contract all the bids or proposals received shall 
 L>e published for at least six days in the newspapers afore- 
 said. All contracts shall be awarded to the lowest bidd ar, 
 and be executed by the mayor and the department of city 
 works, and shall be attested by the city clerk : provided, that 
 upon the application of the commissioner of the d apartment 
 of city works or head of othi^r depaitment, the board of 
 aldermen may, and are hej'eby empowered, by a tv.o-thii-d vote, 
 to authorize the department of city works to execute a con- 
 tract to others than the lowest bidders : and no contracts shall 
 be made or liability to pay be inciu'red, the expense of which 
 is provided by law to be met by local assessment, until the 
 jurisdictional or other proceedings for and in the assessment 
 have been examiueil and certitied to be correct and sufficient 
 by ihe departmeat of city works and attorney and counsel t ) 
 the corporation. All contracts relating to the constructio i 
 and maintenance of the water works exceeding in amount 
 the sum of two thousand dollars, and all contracts relating 
 to the maintenance of sewers and repairing of streets exceed- 
 ing in amount the sum of t ne thousand dollars shall also be 
 made by the commissioner or city works, after advertising 
 for proposals for ten days in the corporation newspapers, and 
 shall be awarded by him to the lowest bidder, provided, how- 
 ever, that v\nth the written consent of the mayor, the said 
 commissioner may receive proposals for any of such purposes 
 without advertisement therefor, and with such consent may 
 award the contracts to others than the lowest bidders, and 
 all contracts so awarded shall be executed by the mayor and 
 the commissioner of city works and attested by toe city 
 clerk. 
 
 Chapter 329, Laws of 1895. 
 
Appendix. 
 
 398 
 
 TITLE XIX.- Local Improvements. 
 
 Section 1. The common council may, upon the petition of 
 a majority of the property owners, or of the owners of a 
 majority of the property to be affected, or by a three-fourths 
 vote of the board of aldermen end the consent of the mayor 
 without such petition, open, close, extend, widen, regulate, 
 grade, pave, regrade and repave roads, streets, lanes, and 
 avenues, or any part thereof either with stone of any charac- 
 ter, or with asphalt, brick, macadam or with an) other mater- 
 ial, as they may deem expedient, and cause public squares 
 and parks to be opened, rej^ulated, ornamented and perfected 
 in the manner hereinafter provided, and generally have such 
 other improvements in and about such streets, avenues and 
 squares as the public wants and convenience shall require. 
 They may also include as a part of the paving or repaving of 
 any road, street, lane or avenue, the improvement of the 
 sidewalks thereof, by the laying of flagstones thereon, or 
 such other material as they may deem expedient. The expense 
 of all such improvements shall be assessed and be a lien on 
 the property benefited thereby, in proportion to the amount 
 of said benefit. In all cases where the common council shall 
 decide upon the grading and paving of any street or avenue 
 they shall cause a sufficitnt number of culverts or drains to 
 be constructed under such street or avenue as may be neces- 
 sary to carry off the surface water of the lands which shed 
 their water across the line of such street or avenue. The 
 said common council shall have power, with the consent of 
 the mayor, to lay out streets in said city and to place the 
 same on i he commissioners' map, and to change said map by 
 closing and striking therefrom or altering the lines of any 
 street now on or hereafter placed on said map. 
 Chap. 297, Laws of 1895. 
 
 § 16. After any contract for a local improvement shall have 
 been entered into, and a certified copy thereof shall have been 
 filed with the comptroller, in conformity with the thirteenth 
 section of this title, said comptroller is hereby authorized and 
 
399 
 
 Appendix. 
 
 directed to pay to the contractor or liis assigns, from time to 
 time, as the work progresses, eighty per centum of the esti- 
 mated value of the work actually done under said contract, 
 until the same shall be completed. The estimate of the 
 value of any such work shall be signed by the surveyor, and 
 also by the department having the matter in charge, and 
 approved by the auditor ; and upon the final completion of 
 any contract and filing of the certificate of completion signed 
 by the officers above named, the comptroller shall, within 
 thirty days thereafter, pay to the contractor or his assigns 
 the balance of the amount due under his said contract. 
 Provided, however, that the common council may, upon the 
 recommendation of the commissioner of city works, authorize 
 contracts for asphalt pavements to be made with a guaranty 
 upon the part of the contractor for one or more years with a 
 provision for the retention of a percentage to meet such 
 guaranty ; in which case the percentage retained shall be 
 paid within thirty days after the expiration of the guaranty. 
 Chap. 654, Laws of 1895. 
 
 TITLE XXI.-Justice's Courts. 
 
 Section 6. All civil actions brought before justices of the 
 peace elected pursuant to the provisions of this act except 
 those brought by non-residents, and excepting those brought 
 in the name of the city for violations of i^he charter or 
 ordinances, must be brought in the judicial disdrict in which 
 either one of the plaintiffs or one of the defendants resides, 
 or in an adjoining distrist. All summary proceedings for the 
 recovery of the possession of land must be brought 
 in the judicial district in which the land, or a portion 
 thereof, is situated, which is sought to be recovered, or in an 
 adjoining district. The clerks, and the clerks only, of 
 the respective justices' courts and police courts, are hereby 
 required to collect and pay into the city treasury all 
 fees, fines, penalties, and all fees in summary proceedings, 
 keep a docket of all such cases, and report the same 
 to the comptroller. Any justice of the peace in said city 
 may issue warrants for any alleged criminal offense 
 
Appendix. 
 
 400 
 
 within said city ; but such warrants must be returnable 
 before a justice of the peace, or a police justice, in the 
 judicial district in which the offenses are alleged to have 
 been committed, or in^an adjoining district. The foregoing 
 provisions of this acction shall apply only to the justices and 
 the courts held by justices, elected or appointed pursuant to 
 the provisions of this act. The clerks of the said courts 
 shall have the power to adjourn summary proceedings for 
 the recovery of the possession of land, in the absence of the 
 justice, not to exceed two days at any one adjournment, or 
 six days in the aggregate, in any one case. 
 Chap. 637, Laws of 1895. 
 
 TITLE XXII.— Miscellaneous Provisions. 
 
 Section 35. At any time after the commissioner.^ of 
 appraisal heretofore or hereafter appointed in any proceeding 
 for the condemnation of land or any interest in land, insti- 
 tuted by or in behalf of the City of Brooklyn, pursuant to 
 any of the provisions of this act, have taken their oaths of 
 office, the said city may, at its option, to be exercised by the 
 commissioner of city works, or nis successor, with the consent 
 of the mayor, without any suit at law or proceeding for that 
 purpose, enter upon, use, occupy and enjoy the land or 
 interest in land thereby sought to be acquired, anything to 
 the contrary thereof in this act contained notwithstanding ; 
 provided, however, that in all cases of street opeidngs, 
 whether for general or sewer purposes, before any such entry 
 shall be made, the board of assessors shall, when requested 
 by the said commissioner, examine into the matter and deter- 
 mine whether the lands and premises within the district of 
 assessment will be benefited to the amount of the probable 
 cost of the improvement. If they shall determine that such 
 lands and premises will be so benefited, then such entry may 
 be made and such determination shall be in lieu of any 
 further report by them on that subject. Any proceeding in 
 which any entry is made pursuant to the provisions of this 
 section shall not thereafter be discontinued. 
 Chap. 373, Laws of 1895. 
 
401 
 
 Appendix. 
 
 § 36. This act is hereby declared to be a public act, and 
 all local and special acts passed prior to January first, eighteen 
 hundreci and eighty-eight, relating to the corporation of 
 ** the City of Brooklyn," designated in section one of title one 
 of this act or to the administration of the property or affairs 
 of said corporation, except an act entitled " An act to provide 
 for the payment of awards for land heretofore taken for local 
 improvements in the City of Brooklyn," passed April tenth, 
 eighteen hundred and eighty-three, and also an act entitled 
 " An act to provide for the aid and support of the poor in 
 the Counties of Erie, Kings and New York," passed April 
 thirtieth, eighteen hundred and seventy-five, anc' the acts 
 amendatory thereof, and also an act entitled, " An act to pro- 
 vide for the use and to regulate the use of the decks and 
 basin on the Wall about Bay and other docks in the City of 
 Brooklyn, and to confer certain powers upon the comptroller 
 and commissioner of police of said city," passed May thir- 
 teenth, eighteenth hundred and eighty -six, and also an act 
 entitled " An act to provide for the annexation to the City of 
 Biooklyn of the town of New Lots, and for the acquisition 
 and regulation of the water supply thereof," passed May 
 thirteenth, eighteen hundred and eighty-six, are hereby 
 repealed ; provided, however, that nothing in this section 
 contained shall abrogate, annul, impair, or in any manner 
 affect the coi porate powers, rights, privileges or franchises of 
 the said " the City of Brooklyn," or any lien, contract, right, 
 title or interest, heretofore acquired by said corporation or 
 by any other person ; and provided further that no action, 
 suit or proceeding heretofore instituted to enforce any right, 
 contract, interest, privilege, franchise, power or lien, or any 
 proceeding taken in the exercise of any power heretofore 
 vested in the Cit}^ of Brooklyn or any of its officers, and 
 which may be pending at the time of the passage of this act 
 shall abate or be in any manner affected by the provisions of 
 this section, but may be continued until a final determina- 
 tion thereof in the same manner and with the same effect as 
 if this section had not been enacted. And provided further 
 that nothing herein contained shall be so construed as to 
 annul, abrogate, impair or in any manner affect any power, 
 right or duty heretofore vested in the City of Brooklyn, or 
 
Appendix. 
 
 402 
 
 any officer, officers or department thereof, or the board of 
 park commissioners in respect to the enforcement of any tax, 
 water rate or assessment or installments thereof heretofore 
 levied according to law. And provided further that nothing 
 in this section contained shall be so construed as to modify 
 or in any manner afifect any general statute, or any statute 
 relating to the New York and Brooklyn Bridge, or the codes 
 of civil or criminal procedure or the penal code, or to dis- 
 charge or in any manner aff ct any penalty or liability, civil 
 or criminal, incurred under any law of this State or under 
 any ordinance of said City of Brooklyn in force at the time 
 of the passage of this act. For the purpose of determining 
 the eflfect of this act upon other acts that are, or may be 
 enacted during the present year relating to the City of 
 Brooklyn, or the powers or duties of any of its officers or 
 agents, and the effect of such other acts on this act, this act 
 is to be construed as, and deemed to have been enacted on 
 the second day of January, in the year eighteen hundred and 
 eighty- eight ; and for the purpose of determining the effect 
 of this act on the acta heretofore specially excepted by this 
 section from its effect and the effect of said excepted acts on 
 this act, this act is to be deemed and constrned as though 
 enacted before each of said excepted acts respectively. 
 
 (Formerly Sec. 35, Tit. XXII., Chap. 583, Laws 1888. 
 
INDEX. 
 
w 
 
 INDEX. 
 
 A. 
 
 Title. Se^. Page. 
 
 Abandonment Cases. 
 
 Hnugiijgof... XXI 7 341 
 
 Accounts of certain officers. 
 
 ("ify, classes of lY 7 55 
 
 Form find metbofl of keeping, comptroller to 
 
 prescribe IV 1 53 
 
 Money iu, usiuii of for purpose of other IV 7 55 
 
 Of C'Jleetor of taxes and assessments, examiua- 
 
 ticm of IV 28 63 
 
 Of comptroller, eximinntion of IV 28 6i 
 
 Of departments, maimer of keeping IV 2 54 
 
 Of departments, snhjec to iusp^-ction, etc., of 
 
 finance department IV 2 54 
 
 Of registrar of arrears, examinati"n of IV 28 63 
 
 Of registrar of water mtes, examination of IV 28 63 
 
 Of revenue fund, what to exi libit IV 10 57 
 
 Of treasurer, examinaticm of IV 28 63 
 
 Overdrawing of when allowed VI 2 68 
 
 See '* Funds." 
 
 Actions. 
 
 Claims against the oitv prereqnisite for bringing 
 
 of XXII 30 353 
 
 Inhabitants of city not incompetent to act in . . XXII 2 345 
 
 Restrictions as to bringing of XXII 30 353 
 
 Acts. 
 
 Certain, continued in force XXII 35 356 
 
 Aldermanic Districts. 
 
 Ci-y divided mto II 2 23 
 
 Aldermen. 
 
 Absent members may be compelled to attend. . II 7 25 
 
 Board of, legislative power vested in II 1 23 
 
 Called the common council II 1 23 
 
 Canvass, board of, to be Ill 7 47 
 
 Election of II 3 23 
 
 Office, public, to hold no other II 4 24 
 
 President of. to aot as mayor in certain cases. . Ill 13 50 
 
 Qualifications of II 4 24 
 
 Quorum, how constituted II 7 25 
 
 Resi-rnatioQ of II 5 24 
 
 Salary of II 3 24 
 
 Special meetings calling of II 11 21 
 
 Term of office of II 3 24 
 
 Trustees of property, funds, etc , of wards XXII 21 350 
 
 duties and responsibilities as to XXII 21 350 
 
 Vacancies in office, how created II 4 24 
 
 See " Common Council " and " Elections." 
 
4 
 
 INDEX. 
 
 Title. Sec. Page. 
 
 Amusements. 
 
 
 XI 
 
 25 
 
 117 
 
 regulations as to, by commissioner of police 
 
 
 
 
 and excise violation of a misdemeanor. . 
 
 XI 
 
 63 
 
 132 
 
 
 II 
 
 VI 
 
 28 
 
 Animals. 
 
 Dead, removal of, contracts for, making and 
 
 cancellation of XII 7 137 
 
 XII 8 138 
 
 Appropriations. 
 
 Application of XVIII 3 294 
 
 Money not to be drawn from treasury except in 
 
 pursuance of VI 1 67 
 
 Statements of to be furnished treasurer IV 27 63 
 
 Surplus at end of year, applic^ition of XVIII 3 294 
 
 Treasurer's books to show state of VI 2 68 
 
 Unexpended balances in, comptroller may trans- 
 fer to revenue fund IV 10 57 
 
 See Board of Estimate." 
 
 Arrears. 
 
 See "Taxes, Assessments and Water Kates" and '"Department or 
 
 Arrears " 
 
 Arrests. 
 
 Bailing in cases of, revised statutes to apply to XI 20 115 
 Warrant of, execution of in stnto XI 20 115 
 
 Ashes. 
 
 Ash holes, to be fire-proof, ash houses to be 
 
 fire-proof XIV GO 2317* 
 
 Kemoval of XV 47 261 
 
 See " Streets, cleaning of." 
 
 Assemblages. 
 
 Unlawful, police to su])press XT 25 117 
 
 Assessments of Taxable Property. 
 
 
 X 
 
 9 
 
 100 
 
 Books of to be kept open for examination .... 
 
 X 
 
 8 
 
 100 
 
 
 X 
 
 8 
 
 100 
 
 Correction of valuations, applications for 
 
 X 
 
 8 
 
 100 
 
 
 X 
 
 9 
 
 100 
 
 
 X 
 
 8 
 
 100 
 
 
 X 
 
 8 
 
 100 
 
 
 X 
 
 9 
 
 100 
 
 Personal property, application to correct as to. 
 
 X 
 
 8 
 
 100 
 
 Real estate, application to correct as to, how 
 
 
 
 
 
 X 
 
 8 
 
 100 
 
 
 X 
 
 5 
 
 98 
 
 
 X 
 
 9 
 
 100 
 
 
 X 
 
 8 
 
 100 
 
 
 X 
 
 8 
 
 100 
 
 "Local Improvements, Taxes, Assessments and 
 
 Water Rates." 
 
Jjaesson. 
 
 Appointment of. 
 
 INDEX. 5 
 Title. 8e«. Page. 
 
 Apportionment of taxes and assessments by . . . 
 
 Assessment apportionment by 
 
 Assessment lists, to make out 
 
 Dmiesof 
 
 Errors in laying taxes and assessments, correc- 
 tion of by 
 
 Errors in taxes or assessments, certification of 
 
 Local improvements : 
 
 assessments, to apportion and return to 
 
 common council 
 
 assessments for, to be assessed by , . 
 
 estimated benefit in not to be computed as 
 value for purposes of assessment 
 
 Oaths may be administered in certain cases. . . . 
 Persoual property : 
 
 notices of assessment for, to mail to persons 
 
 proceedings as to correction of assessment 
 
 of 
 
 President of : 
 
 Salary of 
 
 Taxation, assessed valuations for, to make .... 
 
 Taxes, apportionment of by 
 
 Tuxes, laws applicable to duties of in relation to 
 
 Ward maps, reference to be bad to m laying 
 
 assessments 
 
 Ward maps, to provide new in certain cases. . . 
 
 TTT 
 
 
 
 X 
 
 14 
 
 103 
 
 A. 
 
 1 1 
 
 li, 
 
 
 A. 
 
 
 
 X 
 
 3 
 
 98 
 
 X 
 
 3 
 
 98 
 
 Y 
 
 A. 
 
 in 
 
 
 A 
 
 
 
 X 
 
 6 
 
 99 
 
 XIX 
 
 37 
 
 313 
 
 X 
 
 3 
 
 98 
 
 XIX 
 
 4 
 
 299 
 
 XIX 
 
 38 
 
 313 
 
 Y 
 A 
 
 o 
 o 
 
 fO 
 
 YTY 
 A.1A 
 
 A 
 'k 
 
 
 Y 
 A 
 
 n 
 1 
 
 
 Y 
 A 
 
 « 
 
 7 
 
 QQ 
 
 X 
 
 10 
 
 102 
 
 X 
 
 1 
 1 
 
 Q7 
 \)t 
 
 A 
 
 1 
 
 Q7 
 
 Y 
 
 A 
 
 
 »7 1 
 
 X 
 
 1 
 
 97 
 
 X 
 
 3 
 
 98 
 
 X 
 
 11 
 
 102 
 
 X 
 
 3 
 
 98 
 
 X 
 
 14 
 
 103 
 
 III 
 
 12 
 
 49 
 
 X 
 
 3 
 
 98 
 
 X 
 
 17 
 
 105 
 
 X 
 
 7 
 
 99 
 
 See " Department OF Assessment," " LocAii Improvements," and 
 * ' Taxes, Assessments and Water Kates. " 
 
 Assessment Fund. 
 
 Amount of to beset apart for contracts XIX 8 300 
 
 Certain mone.ys to be credited t«» XIX 7 300 
 
 Items composing IV 13 58 
 
 IV 7 55 
 
 Local improvements : 
 
 amount necessary to pay for certain, to be 
 
 set aside IV 24 61 
 
 Assistant Keeper of City Hall. 
 
 Appointment of II 28 40 
 
6 
 
 INDEX. 
 
 Title. Seo. Paff«. 
 
 AsyloBis. 
 
 ReHl property of , assfwments on, how pnM XXII 32 356 
 
 Bead property of, exemption of from taxes and 
 
 assessments . XXII 32 356 
 
 Beal pn>perty of, exemption of from water rates XXII 33 355 
 
 Attaohments. 
 
 Vesst^ls, how levied on board of XXII 7 346 
 
 Attorney and Counsel 
 
 Ad'hti 'Uftl couusel, may authorize to appear in 
 
 certain cnses IX 1 95 
 
 Appointment of IX 1 95 
 
 A8s<>s8iuent8, to report void to common council X 15 104 
 Buildings : 
 
 investigations relating to violations XIV 42 230 
 
 to obtxin snbiKBiifis XIV 42 230- 
 
 to conduc! proceedings in re atitm to XIV 41 229 
 
 duties iu reliUiou to XIV 41 229 
 
 to pay over n»oney c^illected in, de- 
 ducting disburbements XIV 41 229 
 
 Duties of IX 1 95 
 
 Fees received by, to pay over to treasurer IX 1 95 
 
 Fees received bv, to lender acc >uut of to comp- 
 troller * IX 1 95 
 
 Fines Hud penalties, to begin actions for IX 3 96 
 
 Fines Hud jjeualties, t** pay over to treasurer . . IX 1 95 
 Fine« and penalties, lo render account to comp- 
 troller IX 1 95 
 
 Fire department, costs and penalties in, to sue 
 
 for and collect XIII 22 lfi2 
 
 XIII 19 157 
 
 Judgments against city, to report o common 
 
 council * XXII 20 349- 
 
 Ininds ceded to city, to einmine title of IX 2 96 
 
 Law business of city and dep<trtmeut8, to 
 
 have charge of IX 1 95 
 
 Local impntvemeuti* : 
 
 searches iu proceedings for XIX 31 311 
 
 to certify jnrisd cfinnal prfKjeediugs for. .. XVIII 1 294 
 
 to condnrt proceedings iu IX 1 95 
 
 to umke searcbe' wlien land required for 
 
 public purposes IX 1 95 
 
 Salary of IX 1 95 
 
 Street cleaning : 
 
 coutnicis and bonds for, to be ap- 
 proved by .". XV 47 262 
 
 Term of office IX 1 95 
 
 Anctioneers. 
 
 police supervision over XI 26 118 
 
 Regulation and license of II 12 28 
 
 Audit 
 
 Accounts of city officers . . IV 28 63 
 
 Board t.f IV 28 63 
 
 Items — no bill to be andued unless containing. V 3 65. 
 
 See "Depabtment of Audit." 
 
INDEX. 
 
 7 
 
 Title. Sec. Pae9« 
 
 Auditor. 
 
 AcooQnts of city officers, examioation of by ... lY 28 6S 
 
 Bills against city to be examioed by T 1 65 
 
 Claims, examination of persons presenting .... V 5 85 
 
 io be certified by before payment V 1 ^ 65 
 
 Comptroller, account of, examiLed by IV 88 ' 63 
 
 Department of audit, to be bead of Y 1 65 
 
 Election of V 1 65 
 
 Local improvements : 
 
 contracts for, estimates of work under, to 
 
 be approved by XTX 16 303 
 
 Officers and departments may require informa- 
 tion from V 4 65 
 
 Office of, office of record XXH 3 345 
 
 Oatbf), may administer V 5 66 
 
 Police justice, appointment of by XXI 11 342 
 
 vacancy in office of, filling of XXI 12 343 
 
 Beport to common council V 6 65 
 
 Salary of V 1 65 
 
 Sinking fund, to be commissioner of IV 16 59 
 
 Streets dangerous, to examine charges for 
 
 repair of XVIII 2 294 
 
 Term of office of V 1 6-5 
 
 Vacancy in office of. how filled Ill 3 44 
 
 Vouchers for expenditure of money, to examine 
 
 and allow V 2 65 
 
 Avenues. 
 
 See "Stbeetb." 
 
 BaU. ^' 
 
 Persons r.rrested may be taken before magis- 
 trate on Sunday for XI 30 120 
 
 R. S. to apply as to, in certain cases of arrest.. XI 20 115 
 
 Banks- 
 Deposit of city money iu VI 1 6T 
 
 Basins. 
 
 Police to have power to make arrests in, courts 
 
 to have jurisdiction over arrests made in . . XI 24 1 17 
 
 Bastardy Cases. 
 
 How brought XXI 7 341 
 
 Bathing. 
 
 Common council to regulate II 12 28 
 
 Baths. 
 
 Public, common council to establish and main- 
 tain n 12 38 
 
Title. Sec. Pa«©. 
 
 Beggara. 
 
 Polite to arrest... XI 25 117 
 
 Benzene. 
 
 Storage and sale of, regulations as to. * . , XIII 18 156 
 
 Billiard Saloo&s, 
 
 Regulation nnd license of II 12 28 
 
 Bills. 
 
 Not to be audited unless made out in items and 
 
 certifi:d V '3 - 65 
 
 Birtks. 
 
 Registration of, commissioner of health to act ' 
 
 in matters pertaining to. XII 2 - 135 
 
 Board of Aldermen. 
 
 See "Common Council." 
 
 Board of Education. 
 
 Annual return, to be made to common council XVII 13 290 
 
 Associate superintendents: 
 
 election of by XVII 2 285 
 
 duties of XVII 2 285 
 
 removal of XVII 2 286 
 
 salaries and terms of office of XVII 2 286 
 
 vacancies in office of, filling of XVII 2 286 
 
 Contracts of — excepted from control of com- 
 mon council XVIII 1 293 
 
 Expenditures of, limited XVIII 1 293 
 
 Funds of, established XVII 10 288 
 
 duties of in regard to XVII 10 288 
 
 Industrial schools : 
 
 school moneys, to participate in XVII 12 289 
 
 supervision of XVII 12 289 
 
 Library moneys, application of by XVII 11 289 
 
 Members of : 
 
 appointment of, Ill 12 49 
 
 XVII 1 285 
 
 expulsion of XVII 5 287 
 
 resignation of XVII 5 287 
 
 terms of Ill 12 49 
 
 XVII 1 285 
 
 Officers of, dnties of to be defined by XVII 5 287 
 
 Orphan asylnm schools: 
 
 school moneys, to participate in XVTI 12 289 
 
 supervision of XVII 12 289 
 
 President of : 
 
 duties of XVII 5 287 
 
 Returns to be made to common council by ... . XVII 13 290 
 Schools : 
 
 charge of by XVII 5 287 
 
 dnties and powers of as to XVII 5 287 
 
 rules and regulations for, to prescribe. . . . XVII 5 287 
 
 colored, to be established by XVIT 7 287 
 
 evening, to 1 e established by XVII 7 287 
 
r 
 
 INDEX. ^ 
 
 Title. Sec. Page. 
 
 School honses : 
 
 boildings, 6lpenditnre for to be approved 
 
 by common council XVII 8. 288 
 
 land for, proceedings to acquire XVII 14 290 
 
 sites for, expenditures for to be approved 
 
 by common council XVII 8 288 
 
 ^ School property . 
 
 sale of by, proceeds of, how deposited, ... XVII . 9 288 
 
 title of, to vest in XVII 9 288 
 
 ' Secretary of : . 
 
 ,. appointment and removal of XVlI 3 286 
 
 salary of XVII 3 286 
 
 security to be given by XVII 3 286 
 
 vacancy in office of XVII 3 286 
 
 . Superintendent of public instruction : 
 
 appointment and removal of XVII 2 285 
 
 duties of XVII 2 285 
 
 term of office of XVII 2 285 
 
 vacancy in office of XVII 2 285 
 
 Treasurer of : 
 
 city treasurer, to bo XVII 4 286 
 
 duties of as to school mouevs XVII 4 286 
 
 official bor.d of XVII 4 286 
 
 report, to be made monthly by XVII 4 286 
 
 Trustees, to possess powers of XVII 5 287 
 
 XVII 14 291 
 
 See "Schools." 
 
 Board of Estimate. 
 
 Annual estimate of amounts r. quired for gov- 
 ernmental purposes JI 18 33 
 
 Annual estimate, i resentation of to common 
 
 council II 18 34 
 
 AssHssnient f nnd, to provide II 18 34 
 
 Benevolent fuud, fire department, to place 
 
 amount for in estimate II 29 40 
 
 Charitable iustitutions, to iuclude appropria- 
 tions for in estimate '. II 20 35 
 
 Commissioners of sinking fund, to certify 
 amount necessary to meet interest and princi- 
 pal on bonds to IV 18 60 
 
 Duties ( f II 18 33 
 
 Excise moneys, portion of to be applied to po- 
 lice pension fund XI 41 122 
 
 Fire department, imiformed members of, to fix 
 salaries of ; XIII 6 147 
 
 Health commissioner, to fix salary of XII 1 135 
 
 Hospital, contagions disease, amount for, to be 
 
 put in report by XII 12 143-4 
 
 Limitation of amount of to be raised by II 18 33 
 
 Local improvements, to include amount for in 
 
 estimate II 18 34 
 
 Lots, digging, filling, etc., to include amount 
 
 for in estimate. II 18 34 
 
 Members of II 18 33 
 
 Night medical service, amount for support of to 
 
 be provided by XII 11 142 
 
10 
 
 INDEX. 
 
 Title. Seo. Paffe> 
 
 Park department, duties of regardinc; annual 
 
 estimate of XVI 18 277 
 
 PlaZH of Prosp^t park^ duty of board as to as* 
 
 sessmeiit for improvements of XVI 21 281 
 
 Police Mi<i excise, department of, amount to 
 
 meet certificates for, to be inserted in bud.;et XI i 108 
 Sewers, }tnxibHty,vb<«ad8<for to be included in 
 
 estimate by XVI 31 251 
 
 Sidewalks, flagging, etc^ to include amount for 
 
 in CHtiniate II 18 34 
 
 Sidewalks, crosswalks, etc., to include amount 
 
 for in estimate II 12 90 
 
 Statements to be sent t », b> city ofiicers II 18 33 
 
 Streets, cleaning of, to estimate amounts re- 
 
 qnireil for XV 47 261 
 
 Siipervisor-at-large, a member of II 18 33 
 
 Boilers. 
 
 steam, in«- peel ion of. 
 
 See "Depabtmknt of Police and Excise." 
 
 Bonds, City. 
 
 Bids for: 
 
 a<lvertisement of IV 3 54 
 
 bidder, to be sold to highest IV 3 54 
 
 opening of IV 3 54 
 
 rejeciiim of .... . IV 3 54 
 
 Cancellation of by sinking fund commissioners IV 18 60 
 
 Delivery of, restrictions as to IV 4 54 
 
 Form of, comptroller to p^e^clihe IV 4 54 
 
 with j>ptiou. ofiicers to prtscnbe IV 5 55 
 
 Interest on. liow fixed IV 4 54 
 
 Lowd improvement: 
 
 amounts c»»llected on, how applied on X 6 99 
 
 amounts collected for iu C. 114 L. 1883, to 
 
 be Hpplied to discharge of VIII 3 79 
 
 Over drafts, to be issued to meet in certain 
 
 cases VI 2 68 
 
 Payment of: 
 
 coiuiuon council to provide for IV 25 62 
 
 fjiitli and property of city pledged to IV 14 58 
 
 option of. before due IV 5 55 
 
 Prerainms on sale of, how applied IV 25 62 
 
 Sale of, restrictions as to IV 3 54 
 
 Sewers, auxiliary, for constnicticm of XV 30 251 
 
 purposes, issue of f<»r, authorized XV 30 251 
 
 Signing of... IV 4 54 
 
 restrictions as to Ill 11 49 
 
 III 23 61 
 
 Sinking fund in, how endorsed IV 16 59 
 
 Surplus on. proceeds; of, how applied. IV 25 62 
 
 Taxation, exemption of from IV 4 54 
 
 Taxes, issued in anticipation of, interest on IV 4 54 
 
 Transfer: 
 
 books of to be kept IV 6 55 
 
 provisions as to IV 6 55 
 
 rules as to, to be prescribed hy comptroller IV 6 55 
 
 Water, net surplus on, appropriation of IV 15 58 
 
 redemption of, how provided for XV 7 238 
 
INDEX. 
 
 11 
 
 Title. Sec. Page. 
 
 Bonds, Official. 
 
 DischMiyeof XXII 25 351 
 
 ProTisioDB as to Ill 4 45 
 
 Boundaries. 
 
 City I 1 6 
 
 Ward I 2-29 5-^2 
 
 Bowling Alleys. 
 
 Begnlatious and license of II 12 29 
 
 Bridge . 
 
 Building of by common conncil, loans for ... . II 23 39 
 
 Dangerous, repnir of XVII 2 294 
 
 Boildiners. 
 
 Additions to, to be firpproof XTV 25 201 
 
 Alcoves, recesses in, walls for XIV 13 177 
 
 Amusements, public pbices of, license for may 
 be revoked where order of commissioner not 
 
 complied with XIV 29 205 
 
 public places of, subject to diiection of 
 commissioner of, as to certain anauge- 
 
 meuts XIV 29 205 
 
 Anchors for wooden beams XIV 17 191 
 
 Apartment houses, floors of, strength of XIV 14 180 
 
 wjills of XIV 7 169 
 
 Arches, for foundation i iers XIV 5 168 
 
 over doors and windows XIV 12 178 
 
 trimmer to sujtport h« arths XiV 17 190 
 
 Areas, protection of XIV 6 169 
 
 Armories, walls of XIV 9 173 
 
 Ash holes XIV 60 23U 
 
 to be fireproof XIV 60 23 
 
 Ashler stone, use of XIV 10 174 
 
 Asylums, must be fireproof XIV 15 183 
 
 Balconies, m fire hmiis XIV 24 200 
 
 Basements, entrance to XIV 28 204 
 
 Beams, anchor strips for, temporary bracing of XIV 17 190 
 
 bracing of XIV 10 176 
 
 girders, supports for XIV 13 179 
 
 header, wooden, thickness of XIV 17 190 
 
 lender, wooden stirrup irons for XIV 17 190 
 
 pipes, when let into XIV 19 194 
 
 safety of, factois of XIV 14 180 
 
 steel or iron, strength of, test of, rejection 
 
 of, weight t( be sustained by, limited ... XIV 16 189 
 strength of, computati'-n of .* XIV J4 ISO- 
 top to be butted and strapped to girders. , XIV 17 19a 
 
 trimmers, wooden stiri up XIV 17 190 
 
 tiimmers, wooden, thickness of XIV 17 190 
 
 wooden, regulations HS to bearings for ... XIV 17 190 
 
 wooden, anchors for XIV 17 190 
 
 Brick : 
 
 to be wet before being laid XIV 11 17ft 
 
 quality of, to be used XIV 11 177 
 
12 INDEX. 
 
 TiUe. Bee. Faff«. 
 
 Brickwork : 
 
 one story walls of XIV 9 173 
 
 safe bearing load of XIV 1* 181 
 
 Capacity, safe bearing of XIV 14 180 
 
 Car-houses, walls of XIV 9 173 
 
 Ceilings, height of XIV 11 176 
 
 Cellar, definition of XIV 68 23rjr 
 
 occap^ttion of as sleeping rooms, permit re- 
 quired XIV 50 23M 
 
 partitions, materials of, con-.tmc' ion of .. . XIV 13 179 
 
 provisions as to when occupied as dwellings XIV 49 2316 
 regulation as to may be made by health 
 
 commissioner XIV 59 23\h 
 
 regulations as to occupancy of f ir dwelling XIV 49 2316 
 
 Certificates of approval, revocation of XIV 1 165 
 
 Chargf-8 against employees, investigations of by 
 
 commissioner of XIV 42 230 
 
 Chimneys, construction of, rules as to XIV IS 192 
 
 cupola of factories XIV 18 192 
 
 dangerous XIV 18 192 
 
 to frame buildings outside of fire limits XIV 26 202 
 Churches, suhject to direction of commissioner 
 
 of, as to certain arrangements XIV 29 205 
 
 Columns of, strength of XIV 14 180 
 
 safety of, strength of, computation of XIV 14 180 
 
 Combustib'es : 
 
 dwellings, storage of in prohibited XIV 44 231 
 
 inspection of buildings, etc., containing, 
 
 peuMlty XIV 43 231 
 
 Commercial purp »ses used for, floor of, 
 
 strength of XIV 14 180 
 
 Commissioner of, head of departmtnt, powers 
 
 of, qualifications for XIV 1 165 
 
 Concrete, foundations 'f XIV 11 178 
 
 Construction of. plan of, to be approved b com- 
 missioner of, certificate as to d viation from 
 
 necessary, permit for XIV 32 217 
 
 Cornices to be fiieproof, secured with anchors. XIV 22 199 
 
 unsafe, removal of XIV 22 199 
 
 Corporation couLsel to conduct all suits relating 
 
 to XIV 41 229 
 
 powers and duties relating to XlV 41 229 
 
 Damages to frame by fire, how ascertained XIV 27 202 
 
 Department of, clerks and suboidmates in de- 
 partment of XIV 1 165 
 
 Depots, lailroad, subject to direction of com- 
 missioner of, as to certain arrangements. . . . XIV 29 205 
 
 Destruction of , t ) prevent spread of tire XIII 12 150 
 
 compeusatioQ for, how recovered XIII 13 150 
 
 Docks, frame buildings on, height of XIV 26 202 
 
 constructicm of XlV 26 202 
 
 Doors, arches for XIV 12 178 
 
 inside, fire proof, to be closed at night .. XIV 20 196 
 
 iron, in certain caxes XIV 20 196 
 
 openings for ' XlV 12 178 
 
 size of XIV 12 178 
 
 stone lintels for XIV 12 178 
 
 size of XIV 12 178 
 
 woodtfn, construction of in certain cases. . XlV 20 196 
 
INDEX. 
 
 13 
 
 Title. Sec. Page. 
 
 Dumb waiters, when shafts to be enclosed XIV 21 198 
 
 Dwellmg houses, basemeut in certain XIV 28 204 
 
 cellars, ceilings in XIV 11 176 
 
 combustibles in XIV 28 203 
 
 entrance to XIV 28 204 
 
 examination of by fire commissioner XIV 18 163 
 
 floor of , strength of XiV 14 180 
 
 occupancv of certain rooms in, must be by 
 
 permit.' XIV 50 ^Sld 
 
 walls of XIV 7 169 
 
 Earth, safe bearing power of XIV 14 180 
 
 Egress from public, means of to be arranged by 
 
 commissioner XIV 29 205 
 
 Elevators, authority over XIV 21 197 
 
 enclosures, construction of XIV 21 197 
 
 flat, notice to be posted in XIV 21 197 
 
 guards or gates to be ke t closed XIV 21 197 
 
 hotels, to be properly enclosed XIV 21 197 
 
 incompetent persons not to run XIV 21 197 
 
 iron, facings to be of XIV 21 197 
 
 passenger, qualifications of persons oper- 
 ating, commissioner of to prescribe XIV" 21 198 
 
 protection of skylights over XIV 21 197 
 
 recesses in wails of XIV 11 176 
 
 regulations for, commissioner to make . . . XIV 21 197 
 repairs of, certificate to be obtained from 
 
 commissioner of . XIV 21 197 
 
 roofs over to be fireproof XIV 21 197 
 
 stair wells, when may be constructed XIV 21 197 
 
 Enforcement of law as to, proceedings for, to 
 
 be brougbt by department of XIV 35 220 
 
 Entrance into by officers of department XIV 41 230 
 
 Excavations XIV 4 165 
 
 Experts, appointment of, qualifications of . . . . XIV 1 165 
 
 Factories : 
 
 estimate of strength of building XIV 14 180 
 
 floors of, esticiuate of strength of, commis- 
 sioner of may revise XIV 14 180 
 
 floors of, estimate of strength of, to be 
 
 posted before using XIV" 14 180 
 
 frame buildings, not to be altered to be 
 
 used as XIV 25 201 
 
 walls for...., XIV 8 171 
 
 Falling, recovery of bodies from ruins of, 
 
 means for provided XIV 31 217 
 
 danger of, may be made temporarily' safe 
 
 by a commissioner XIV 31 217 
 
 fire commissioner , examination of by, pen- 
 alty for disobeying directions of XIII 18 163 
 
 Fire, damage to frame by, how ascertained . . . XIV 27 202 
 Fire escapes : 
 
 bulkhead in roof, construction of, entrance 
 
 of XIV 28 203 
 
 incumbrances on, police to report' XIV 28 203 
 
 incumbrances on, firemen to report XIV 28 203 
 
 incumbrances, placing of on, prohibited.. XIV 28 203 
 
 notice to be placed on balconies XIV 28 203 
 
14 INDEX. 
 
 Title. Seo. Page. 
 
 notice to construct, vacntiou of pre't ises, 
 on Don-ompliiince with, luny be ordered 
 
 by comnaissiouer of XLV 2S 203 
 
 sc ittle lad lei-s leadiug to roof XIV 2S 203 
 
 repnirof XIV 2S 203 
 
 unsafe, jinthority of coiuiiiissioiier of ovpr. XIV 28 203 
 
 Fire limits, balconies, \voo(ien in, permits for. . X[V 24 200 
 
 coal houses in XIV 24 200 
 
 frame structure in, permit for XIV 24 2'i0 
 
 sheds ill, wo .den XIV 24 2iiO 
 
 sif^ns, wooden, in XI V 24 2U0 
 
 temporary frame buildiuf^s, pennits issued 
 
 for by coujmissioner of XIV 24 200 
 
 windows, bay, iu XIV 24 2(»0 
 
 one) lu '. . . . XIV 24 200 
 
 woorleu buildiu»<s, erection of iu, prohibited XIV 24 2(iO 
 
 wood houses iu XIV 24 200 
 
 Fire places, aiclies lo support hearihs XIV 18 192 
 
 fire proof, materials to be u-ed in con- 
 
 structiouof XIV 18 192 
 
 Fire proof, couimixsiouer of, to a])p rove of esti- 
 mate of strength of girders XIV 15 183 
 
 what must be .XIV 15 183 
 
 rules as to • XIV 15 183 
 
 Flats, walls of XIV 7 169 
 
 Floors, beams for wooden, beams on end to be 
 
 bevell.-d XIV 14 180 
 
 estimate of strength of, comtaissioner of, 
 
 may revise XTV 14 183 
 
 estimate of strength of, to be filed XlV 14 183 
 
 estimate of strength of, to be posted before 
 
 useofbaildmg XIV 14 183 
 
 loads on, commissioner of inaj cause to be 
 
 distributed XIV 14 183 
 
 loads on, excessive XIV 14 183 
 
 strength of, examination of, expense of, 
 how paid, expenses of to be collected 
 
 from owner XtV 14 183 
 
 weight on to be distributed XlV 14 183 
 
 wooden, thickness of XIV 17 190 
 
 Flues, beams, wooden, distance of from XlV 17 191 
 
 cleaning of XIV 18 192 
 
 hot air, construction XIV 18 192 
 
 smoke, construction of XIV 18 192 
 
 smoke pipe passing out through, prohibited XIV 18 192 
 
 smoke, woodwork near prohibited XlV 18 192 
 
 Footings, below water level XIV 5 167 
 
 Foundations XtV 5 168 
 
 arches, dimensions of XIV 5 107 
 
 concrete for, composition of XIV 5 167 
 
 dimensions of XIV 5 168 
 
 footings below water level XIV 5 168 
 
 piers, arches for XIV 5 168- 
 
 piUng for XtV 5 167 
 
 timber for capping XIV 5 167 
 
 walls, defined XIV 5 168 
 
 walls, headers XIV 5 169 
 
 walls, materials of XIV 5 168 
 
INDEi. 15 
 
 Title. 8eo. Page. 
 
 Foundries: 
 
 cbimnevs in cuDola of XIV 18 194 
 
 walls of : XIV 9 173 
 
 Frame : 
 
 aUeration of outside ot fire limits XIV 25 201 
 
 damaye, rebuild i.g of, r<-pair of XIV 27 202 
 
 daniiige to by fire, li<»w asc^-rtaiued XIV 27 202 
 
 inside tiie limits, construction of, rules for 
 
 to be made by commisiont-r of XIV 26 202 
 
 on docks, beijibt of XIV 26 202 
 
 on docks, construction of, rules for to be 
 
 made by coTuuiissiouer of XIV 26 202 
 
 outside of fire limits, l.eij,dit of XIV 26 202 
 
 walls of XIV 26 202 
 
 Furnaces: 
 
 hot air, couslrnctiou of XIV 19 19t 
 
 hot air, covers for XIV 19 194 
 
 hot air. distance from ^voodwo^k XIV IW 194 
 
 hot air, registers over, construe ion of . . . . XiV 19 194 
 
 hot air, walls of, how built 
 
 Gas, brackets, distance of from woo(ivvork, XIV 19 194 
 
 Girders, anchors for XIV }7 191 
 
 rejectevi, not to be used XIV 16 189 
 
 safety of, factors of XIV 14 181 
 
 span and top of XIV 8 172 
 
 steel or iron - XIV 7 171 
 
 steel or iron, strength of, test of XIV 16 189 
 
 strength of, computation of XiV 14 181 
 
 supporting fitst pier, wooden beams, sup- 
 port for XIV 13 180 
 
 weight to be sustained by XIV 16 189 
 
 Grain elevators: 
 
 exenipted from certain provisions XIV 26 202 
 
 need not be fire proof XIV 15 184 
 
 Gutters on, to be fire proof XIV 22 199 
 
 to be secured with anchors XIV 22 199 
 
 Heating apparatus, notice of putting in, to be 
 
 given XIV 19 196 
 
 Heaters, trimmer arches to support XIV 17 190 
 
 Hoist ways, authority over, commissicmer of to 
 
 have exclusive XIV 21 197 
 
 guards and gates of to be kept closed XIV 21 197 
 
 protection of, skyliglit over •• XIV 21 197 
 
 Hospitals, must be fire proof XIV 15 183 
 
 Hot air pipes, construction of XiV 18 193 
 
 Hotels, arrangements, certain in, subject to di- 
 rection of commissioner . . XIV 29 205 
 
 egress from, means of to be ascertained by 
 
 commissioner XIV 29 205 
 
 elevators to be enclosed XIV 21 197 
 
 fire proof, must be XIV 15 183 
 
 floors of, strength of XIV 14 180 
 
 heating and lighting apparatus in, arrange- 
 ment of subject to direction of commis- 
 sioner XIV 29 205 
 
 passageways in, to be kept free from ob- 
 structions XIV 29 205 
 
 Injunction to prevent violation of law XIV 35 221 
 
16 
 
 INDEX. 
 
 Title. Seo. Pago. 
 
 Inspectors of, Hppointineut of, qualificatious of XIV 1 165 
 
 directions of to be obeyed XIV (>1 231/t 
 
 penalty for negle.-t X£V 61 231/i 
 
 power of to punish jind remove XIV 40 229 
 
 qualificfttions, punishment of XIV 40 229 
 
 removal of XIV 40 229 
 
 Institutions, certain, to be fire proof XtV 15 183 
 
 Investigations of violations by commissioner of, 
 
 power of as to ! XIV 42 230 
 
 Iron work, materials and workmanship of XIV 16 189 
 
 Lodging houses : 
 
 access to by health oflBcers XIV^ 53 23le 
 
 animals, keeping of prohibited XIV 51 231rf 
 
 ashes, receptacles for XIV 57 231,^ 
 
 chnuucYs in XIV 57 23l'<7 
 
 cellar floors in, to be cemented XIV 57 2iilff 
 
 cleaning of XIV 52 231rf 
 
 CO ibnstibles, etc.. storage of, prohibited. XIV 51 231d 
 
 con tageous diseases in, notice given XIV 53 231^? 
 
 definition of contageons diseases XIV 58 231^ 
 
 XIV 53 231e 
 
 garbage, receptacles for XIV 51 23 id 
 
 halls of, windows in XIV 57 231^' 
 
 occn ation of prohibited unless law com- 
 plied with XIV 45 231a 
 
 owners names to be posted XIV 52 231d 
 
 owners, service of papers upon XIV 52 231d 
 
 rooms in, height of XIV 56 231/ 
 
 rooms in, windows in XIV 56 231/ 
 
 rooms in, ventilation of XIV 56 231/ 
 
 roofs of XIV 47 231a 
 
 sanitary arrangements of XIV 48 23 1« 
 
 sewer connections iu XIV 48 231a 
 
 space between buildings on same lot XIV 55 231/ 
 
 space in rear of XIV 55 231/ 
 
 stairs in XIV 47 231a 
 
 water closets in XIV 48 231a 
 
 water supply in XIV 57 2315- 
 
 ventilation of, regulation of by health 
 
 commissioner XIV 57 231^ 
 
 in, provisions as to XIV 46 231a 
 
 permit required for use of certain rooms XIV 50 231d 
 
 Machine shops, walls of XIV 9 173 
 
 Manufacturing purposes used for XIV 20 196 
 
 floors of, strength of XIV 4 180 
 
 Markets, public, walls of XIV 9 173 
 
 Mortar, cement and lime, composition of, sand 
 
 for use in XIV 11 176 
 
 Moving, wooden, proceeding relating to XIV 25 201 
 
 Notice of violations of law relating to, service 
 
 of XIV 36 222 
 
 Officers, etc. , investigations of charges against, 
 
 by commissioner XIV 42 230 
 
 Office, purpose used for, floor of, strength of. XIV 14 180 
 
 Opera houses, construction of XIV 30 205 
 
 Partitions, cellar, materials of, construction of XIV 13 179 
 
 walls, studs to be filled in solid XIV 13 179 
 
INDEX. 
 
 17 
 
 Title. Sec. Page. 
 
 walls, bottom tile, height ftud leDgtb of, sup- 
 port of XIV 13 179 
 
 Party walls, built for, may be used XIV 10 174 
 
 existing, anchoring in XIV 10 174 
 
 increase of height of lining of XIV 10 174 
 
 protection of XIV 4 166 
 
 wooden beams in XIV 17 190 
 
 Penalties for violation of provisions of laws re- 
 lating to XIV 34 219 
 
 action for, collection and disposition of . . . XIV 34 219 
 
 Permits for oousti uction of, limitation of XIV 32 217 
 
 revocation of XIV 1 165 
 
 Piers, beams to be anchored to XIV 17 190 
 
 base stone in XIV 5 167 
 
 brick, height of XIV 10 174 
 
 chase in for pipes, prohibited XIV 11 177 
 
 foundation of XIV 5 168 
 
 frozen, not to be built upon XIV 11 176 
 
 prescribed XIV 9 173 
 
 materials of XIV 10 174 
 
 thickne.'s of, commissioner may permit 
 
 less XTV 10 174 
 
 Piles, weighting of XIV 5 167 
 
 Pipes, chases for in walls XIV 11 177 
 
 chases for in piers, prohibited when XIV 11 176 
 
 gas, when let into piers or beams ..... XIV 19 195 
 
 hot air, construction of XIV 18 193 
 
 metal to convey hot air or steam, wood- 
 work near, prohibited XIV 18 193 
 
 smoke, passing of, through floor or roof 
 
 prohibited XIV 18 192 
 
 smoke, thimbles for . XIV 18 192 
 
 steam, distance of from woodwork, protec- 
 tion of XIV 19 194 
 
 steam, wooden boxes for XIV 19 194 
 
 water when let into beams XIV 19 195 
 
 Plan of, alteration of, to be submitted to 
 
 commissioner XIV 32 217 
 
 Posts, strength of XIV 14 180 
 
 Privies, exterior XIV 24 201 
 
 Public, assemblies XIV 29 205 
 
 care of to be under control of commissioner ■ 
 
 of city works XV 1 233 
 
 commissioner of police and excise to make 
 
 regulations for protection of life XI 63 132 
 
 egress from XIV 29 205 
 
 dangerous, repairs or removal of XVIII 2 294 
 
 police regulatious, owner or agent violating 
 
 guilty of misdemeanor XI 63 132 
 
 used for, floor of, strength of XIV 14 180 
 
 Range, kitchen, fire proof filling around XIV 19 194 
 
 Registers, furnaces, construction of XIV 19 194 
 
 Repairs of, no permit necessary for XIV 32 218 
 
 Restaurants, subject to direction of commis- 
 sioner of, as to certain arrangements XIV 29 205 
 
 Retaining walls XIV 4 167 
 
18 
 
 INDEX. 
 
 Title. Sec. Page- 
 
 Koofsi, beams, wooden, thickness of XIV 17 190 
 
 ends to be b-vell. d XIV 17 190 
 
 bulldieads oil. coustnictiou of XIV 22 199 
 
 cornices to be fire proof XIV 22 199 
 
 secured with anchors XIV 22 199 
 
 gutters on, t. be tire pre .of XIV 22 19 
 
 gutters on to be secured witli ancbors .... XIV 22 19J 
 
 leaders for, (•(•ndiictiuj^ water from XiV 23 200 
 
 mansard, construction of XIV 22 199 
 
 materials of, autlioiizatiou of cotuiiji'isioner 
 
 of, as to XIV 22 199 
 
 of theatres XIV 30 205 
 
 plankuigof XIV 30 205 
 
 raising of XIV 25 201 
 
 scuttles, cons'rnciiou of XlV 23 199 
 
 skylight, construction of XIV 23 2(i0 
 
 smoke pipe, p issing out through prohibited XIV 18 192 
 
 over elevators to be fire proof XIV 21 197 
 
 strength of XIV 14 180 
 
 Huins of, recovery of bodies from, means for 
 
 provided XIV 31 217 
 
 Safety, factors of XIV 14 180 
 
 Sand, quality of for mortar XIV 11 176 
 
 School houses XIV 7 169-70 
 
 Scuttles, construction of XIV 23 199 
 
 ladders to, tire escape required XIV 28 204 
 
 Shafts, timber, enclosure of XIV 21 197 
 
 light or vent walls of XIV 11 178 
 
 Sheds in fire limits XIV 24 200 
 
 Shutters, exeii.ption from XIV 20 196 
 
 inside, fire pr.n.f, to be closed at night XIV 20 196 
 
 iron, to be used in certain cases, construc- 
 tion of XIV 20 196 
 
 to be closed nt night, to b.« opened from 
 
 outside XIV 20 W 
 
 wooden, construction of in ceitain cases . , XIV 20 196 
 
 Signs, wooden,' in file limits XIV 24 200 
 
 Slrteping rooms, when permit required XIV 50 23ld 
 
 Smoke pipes, distance of from ceiling XIV 18 192 
 
 thimbles for XIV 18 l!)2 
 
 Span, when girders uSHd XIV 8 172-3 
 
 greater increase, thickness of walls XiV 8 172-3 
 
 Stables, frame, not to be allowed to be used as XIV 25 201 
 
 walls for XIV 8 171 
 
 Stairs, recesses in walls for XIV 11 177 
 
 Steam pipes, distance of from woodwork XIV 19 194 
 
 Steam pipes, protection of XIV 19 194 
 
 Steam pipes, wooden boxes for XIV 19 191 
 
 Steel work, materials and workmanship of XIV 16 189 
 
 Stirrup irons XIV 17 190 
 
 Stores, floors certain of, estimate of strength 
 
 of, to be filed XIV 14 180 
 
 floors e^timateof strength of, commissioner 
 
 of may revise XIV 14 180 
 
 floor estimate of strength of to be posted 
 
 before use of building XIV 14 180 
 
 walls of XIV 8 171 
 
r 
 
 INDEX. 19 
 
 Title. Sec. Page. 
 
 Store lionses, floors of, estimate of strength of 
 
 to be filed XIV U 180 
 
 Stud partitKius, constrnctiou of XIV 13 179 
 
 Stove pipes, C(iiistrnc'ti<iu of XIV 18 192 
 
 Suits to et. force hiw relating t XIV ;i5 220 
 
 jiirisdictiou of courts, iu XIV 35 220 
 
 to be brought by department of ... . ... XLV 35 220 
 
 to be conducted by corporatim coiiusel 
 
 powers of in XIV 41 229 
 
 Tanks on roofs, construction of XIV 22 199 
 
 Tenement bouses, access to bv liealtb offic rs. . XIV 53 23le 
 
 animals, keeping of iu prohibited XiV 51 231(? 
 
 ashes, receptacles for XIV 57 231^ 
 
 cleaning of . XiV 52 2nd 
 
 combus ibles, etc., storage of, probibited,. XIV 51 231tf 
 contageous diseases in, notice of to be 
 
 given XIV 53 231e 
 
 cbimue\s in XiV 57 23 1^^ 
 
 cel'ars, floors of tt» be cement X'V 57 2315^ 
 
 defiuiti(m of XIV 58 231^ 
 
 floors ..f, strength of XIV 14 180 
 
 garbage, receptjicles for XI V 51 '2d\d 
 
 halls of, windows in XiV 57 231^ 
 
 occnp itiou of, piohibiied unless law com- 
 plied with XIV 45 231a 
 
 owners, names of to be posted XiV 52 2316^ 
 
 service of papers upon XIV 52 23\d 
 
 roofs of XIV 47 231a 
 
 rooms iu, height of XiV 56 231/ 
 
 rooms ill, windows in XIV 56 231/ 
 
 rooms tn, ventilation of XI V 56 231/ 
 
 interior arrab^»enients of XIV 48 231a 
 
 space between on same lot XIV 65 
 
 in rear of XIV 55 231/ 
 
 stairs iu XIV 47 231a 
 
 sewer connections iu XIV 48 231a 
 
 ventilation in, provisions as to XiV 46 231a 
 
 walls of XIV 7 168-70 
 
 wr.ter dos^^ts in XIV 4« 2;Ua 
 
 water supply of XIV 57 23l7 
 
 Theaties, alterations iu, limitations as to XiV 29 205 
 
 apprf)val of commissioner of to beobiained 
 
 before opening of XIV 30 205 
 
 capacity of XIV 30 205 
 
 ceilmgsiu XIV 30 205 
 
 construction t.f, reqaiiemeius as to XIV 30 205 
 
 curtains to be tire proof XIV 30 205 
 
 egress from, means of, subject to direction 
 
 of commissi! mer of XIV 29 205 
 
 exits from, diagram of to be printed on pro- 
 gramme XIV 30 205 
 
 fire extinguishing, apparatus to be under 
 
 contrcil of department of XIV 30 205 
 
 fire hose to be provided XiV 30 205 
 
2Q 
 
 INDEX. 
 
 Title. Sec. Page. 
 
 heatiug unci lighting apparatus id, subject 
 
 to direction of comniissioner of XIV 29 205 
 
 license for may be revoked where order of 
 
 corataissioner not complied with XIV 29 205 
 
 hghting of XIV 30 205 
 
 must be fire proof XIV 15 183 
 
 passages in, to be kept free from obstruc- 
 tions XIV 29 205 
 
 roof gardens on XIV 30 205 
 
 scenery, etc. to be made non-combustible XIV 29 205 
 spriuklerF, automatic, to be provided under 
 
 direction of commissioner of XIV 30 205 
 
 use of for other purposes prohibited ..... XIV 30 205 
 
 walls of XIV 9 173 
 
 Timber, quality of XIV 17 190 
 
 ventilation of, regulation of by commis- 
 Unfit for habitatioii, henlth comuiissioner may 
 
 '* order vacated XIV 54 231^ 
 
 Unsafe, actions relating to XIV 37 223 
 
 default in XIV 37 223 
 
 expenses of to be paid from revenue fund. XIV 37 223 
 
 judgment in XIV 37 223 
 
 jury trial, waiver of XIV 37 223 
 
 hs pendens in XIV 37 223 
 
 parties to XIV 37 223 
 
 precept in, execution of costs in XIV 37 223 
 
 proceedinjjs relating to XIV 37 223 
 
 sale of premises in XIV 37 223 
 
 service of XIV 37 223 
 
 summons in XIV 37 223 
 
 trial of, notice as to proceedings by petition, 
 jurisdiction of courts, decree enforce- 
 ment of, remedy cumulative XIV 38 223 
 
 Vaults, under sidewalks XIV 6 169 
 
 Violation of law relating to, proceedings as to. . XIV 42 230 
 injunctions may be withdrawn by commis- 
 sioner, provisions as to XIV 35 220 
 
 investigations of by commissioner, sub- 
 
 poenfts in XIV 42 230 
 
 lis pendens, notice of, cancellation of XIV 35 220 
 
 notice of, daties of persons upon whom 
 
 served, penalty for neglect of XIV 39 227 
 
 notice of, service of XIV 36 222 
 
 notice of to be returned to corporation 
 
 counsel XIV 41 229 
 
 penalties for, collection of, to be paid into 
 
 treasury of firemens insurance fund. .. . XIV 34 220 
 penalties for violation of, actions to re- 
 cover, discontinuance of by direction of 
 
 commissioner of XIV 34 219 
 
 procee(^ings to atthorize department to 
 
 remove, expense of, lien XIV 39 227 
 
 provisions of law relating to penalty for, 
 
 jurisdiction of courts in suits to recover XIV 35 220 
 suits in, commencement of, trial of, issues 
 
 in, costs XIV 35 222 
 
 suits in, judgments in, lien of XIV 35 222 
 
INDEX. 21 
 
 Title. Sec. Page. 
 
 suits in respect to, corporation counsel to 
 
 conduct, powers and duties of XIV 41 229 
 
 testimouy as to XI V 42 230 
 
 Wainscoting, wood to be filled in solid XIV 11 178 
 
 Walls, adjoining excavations, comoiissioner 
 may protect; expenses of, how sued for, lien 
 
 for i-xpenses. enforcement XIV 4 166-7 
 
 anchors for wooden beams XIV 17 190 
 
 anchoring in XIV 10 174 
 
 apartment houses XIV 7 169-70 
 
 armories...; XIV 9 173 
 
 bearing capacity of, safe XIV 14 180 
 
 brick, headirg couri-es in XIV 14 180 
 
 brick to be U'ed iu XIV 11 177 
 
 buildings of public charactei XIV 9 173 
 
 car or stable house XIV 9 173 
 
 cliurches XIV 9 173 
 
 cornices in relation to XIV 22 199 
 
 curtain XIV 9 173 
 
 XIV 10 174 
 
 dwelling houses XIV 7 169 
 
 XIV 8 172 
 
 faced brick, bearing, thickness of XIV 10 174 
 
 factories XIV 8 171 
 
 flats XIV 7 169-70 
 
 XIV 8 172 
 
 foundries XIV 9 173 
 
 foundation, material of, dimensions XIV 5 168 
 
 foundation defined XIV 6 168 
 
 frame, for, outside fire limits XIV 26 202 
 
 frozen, not to be built on XIV 11 l76 
 
 furred XIV 11 176 
 
 height of, how measured XIV 13 179 
 
 hollow, materials in XIV 13 179 
 
 hotels XIV 7 170 
 
 XJV 7 172 
 
 how built XIV 11 176 
 
 machine shops XIV 9 173 
 
 materials in, piers and buttresses XIX 10 174 
 
 materials of XIV 3 165 
 
 mortar for XIV 11 177 
 
 must conform to provisions of Act XIV 2 J65 
 
 non-bearing XIV 7 171 
 
 one story brick XIV 9 173 
 
 parapet, coping on XIV 11 176 
 
 partition. . . XIV 7 171 
 
 partition, beam, side, height and length of, 
 
 support of XIV 13 179 
 
 party, existing, anchoring in XIV 10 174 
 
 party, height of. increase in, lining of XIV 10 174 
 
 party-walls built for, may be used XIV 10 174 
 
 party, wooden beams in XIV 17 190 
 
 l»ipes, chases in for XIV 11 177 
 
 protection of XIV 4 166 
 
 public markets XIV 9 173 
 
 recesses in, rear of XIV 11 177 
 
 for alcoves XIV 11 177 
 
22 INDEX. 
 
 Title. Sec. Page. 
 
 stairs and elfivators XIV 11 177 
 
 retniiiiu«j XiV 4 1<57 
 
 R;m(i for luortar used 111 XIV 11 177 
 
 school houses XlV 7 170 
 
 XIV « 172 
 
 stnble XIV 8 171 
 
 stofie, ashler, use '»f in, reguliited XIV 10 17.5 
 
 store XIV 8 171 
 
 theatre XlV 9 173 
 
 XIV 30 2..;-) 
 
 thic''ne>*a of, regulated by comraissiouer . . XlV 8 173 
 
 tJiickiiess of XIV 10 174 
 
 tiiiiLei in XIV 10 190 
 
 to he Miichor^'d to beanos X"V 10 190 
 
 Warelio.ises. fl.v.rs of XIV 14 190 
 
 floors of, estiniMte of streiigtii of, tn be 
 filt'd iiud p(»sted, coiuniissiouer may 
 
 revwe XIV 4 180 
 
 floorsof, sirfuwth of XIV 14 ISO 
 
 frame, not to he altered to be ust-d as ... . XIV 25 201 
 
 walls for XIV 8 171 
 
 water pipes, when let into beaius XIV 19 194 
 
 well holes, authority over, conimisaiouer 
 
 of, to h;iveexclui.iv XIV 21 197 
 
 guards aud j^ates to be kept closed XIV 21 197 
 
 skvhuht over XIV 21 197 
 
 width , how lueasun d XIV 21 197 
 
 Windows, bay XIV 2» 200 
 
 oriel XIV 22 2(K) 
 
 op^-nini/K for, arches over XlV 12 178 
 
 stone lintels, size of XIV 12 178 
 
 w«>« Mien oi frame, occupancy of ... XIV 2o 201 
 
 Wires, elect ri<«. rules as to . . . .* XIV 19 195 
 
 Work shup^, fl )ors of, estimate of streuyth of, 
 
 to he tiled, to be posted before use of XIV 14 181 
 
 Bulkheads. 
 
 Arrests on, jurisdiction of courts as to, police to 
 
 have power to make XI 24 117 
 
 Bureaus. 
 
 Organization of by heads of departments XXII 9 346 
 
 Burial of Dead. 
 
 Commissioner of health to regulate XII 2 135 
 
INDEX. 23 
 
 C. 
 
 Title. Sec. Page, 
 
 Canvassers. 
 
 Buard of aldermen to be Ill 7 47 
 
 proceedings of , as Ill 7 47 
 
 III 8 47 
 
 III 9 48 
 
 III 10 48 
 
 See " Elections." 
 
 Cartmen. 
 
 p. )lic'^ supervision of XI 96 117 
 
 Piibl c, regulation and license of II 12 28 
 
 Cemeteries. 
 
 Not to be established near source of water supply XV 19 245 
 
 Certificates. 
 
 Ar rea IS of taxes, etc., of sale for, contents of . . VIII 4 81 
 Bil s auil churns not to be auditeil without .... V 3 65 
 
 Claim* ajiaiust city, auditor to ct-rtify V 3 65 
 
 Local iiiiproveiueuts : 
 
 assessment roll for certain, to be endorsed 
 
 by certificate of coinmissioner of ciiy 
 
 works and corpjration couusel VII 6 71 
 
 Certificates of Indebtedness. 
 
 Cf^rtJiin, may be issued witli option of city to 
 
 pay before fully due IV 5 55 
 
 Comptroller may issue, for wbat purjjose IV 30 63 
 
 VIII 18 89 
 
 Contagious disease hospital, may be issued, to 
 
 pay for purp 'se of XII 12 144 
 
 Option of city to pay before fully due, ceriaiu 
 
 may be issued with IV 5 55 
 
 Taxes, in anticipation of, interest not ex -eeiling 
 
 six per Cf-ut., with optiou, form and terms of, 
 
 who shall fix IV 5 55 
 
 Certiorari. 
 
 Writ of to review determination of commis- 
 K oner of pohce and excise or commissioner 
 of fire, when granted XI 15 113 
 
 Cesspools. 
 
 Licensing of to be under control of commis- 
 sioner of city works XV 1 233 
 
 Chairman of Finance Committee. * 
 
 With auditor to examiue annu d accounts of 
 comptroller IV 28 63 
 
•24 
 
 INDEX. 
 
 Title. Ssc. Pag6. 
 
 ^Charitable Institutions. 
 
 Appropriaiions for certain II 20 35 
 
 Real property of, assfssraents on, how paid. . . XXII 32 355 
 Heal property of, exemption of from taxes and 
 
 asse^sments XXII 32 355 
 
 Real property of, exemption of from water 
 
 rates XXII 33 355 
 
 Charter Act. 
 
 Construction of XXII 35 356 
 
 Circuses. 
 
 Regulation and license of II 12 29 
 
 Cisterns. 
 
 Licensing of to be under control of commis- 
 sioner of city works XV 1 233 
 
 City Clerk. 
 
 Assessmnnls, warrants for collection of to be 
 
 attested by VI 1 9 72 
 
 Bouds, Prospect park, record of to be kept in 
 
 ofl&ce of, to be open to public inspection. ... XVI 23 282 
 Canvassers : 
 
 board of, to be clerk of 1)1 7 47 
 
 Common council : 
 
 clerk of II 6 25 
 
 proceediuf^s of, record of to be kept by. . . II (> 25 
 
 resiuuiition of members of, written notice 
 
 of to be filed with ll 5 24 
 
 Duties of II r. 25 
 
 Licenses granted by n,*iyor, to countersign all. II fi 25 
 
 Money, to keep account of orders directing to 
 
 be paUl VI 1 68 
 
 warrants for payment of to be counter- 
 
 s gned by VI 1 67 
 
 Moneys paid to comptroller, return of under 
 
 oath to be made by II 6 25 
 
 Moneys payable to, to be receiyed by and paid 
 
 over to treasurer II (> 25 
 
 Office of, office of record, laws applicable to. . . XXII 3 345 
 Ordinances of common council : 
 
 to be signed by II 6 25 
 
 to be engrossed by II G 25 
 
 Ordinances or resoluii(ms of common council : 
 objections of mayor to, to be filed with, 
 
 time limited II 9 26 
 
 Papers, copies of duly certified by under cor- 
 porate seal, to be evidence in all courts and 
 
 places II 6 25 
 
 Papers and documents, certain of city, under 
 
 i charge of II 6 25 
 
 Removal of II 6 25 
 
 Tax cenificat^^s, to countersign ui.der i-eal of city VlIE 18 90 
 Term of office of II 6 25 
 
INDEX. 25 
 
 Title. Sec. Page. 
 
 City Officers. 
 
 Administrative power vested in certain Ill 1 43 
 
 Appointments of, receiving consideration for a 
 
 felony XXII 23 350 
 
 Bonds of, discharge of, failure to file, penalty III 4 45 
 Bonds, city with option, form and terms of 
 
 who shall fix IV 5 55 
 
 Bureaus to be organized bv certain XXII 9 346 
 
 Charges against, common counci' to invf^stigate II 12 27 
 
 Coujpensation, to receive uoue fxcept sahirv.. Ill 4 45 
 Contracts, receiving considt-ration for making 
 
 of, a felony XXII 23 350 
 
 Debt, incurring, unauthorized deemed a mis- 
 demeanor, penalty for XXII 5 345 
 
 Departments, heads of, appointment of Ill 2 43 
 
 Deputies, appointment of by cei tain, duties of . XXII 26 352 
 
 Embezzlement by, deemed a felony XXII 4 345 
 
 Fees, etc., to be paid into treasury by Ill 4 46 
 
 Financial, to issue bonds to meet overdralts in 
 
 certain cases VI 2 68 
 
 Information, must furnish to auditor when re- 
 quired V 4 65 
 
 Mayor, suspension of by Ill 12 50 
 
 Misfeasance or nonfeasance of, city not liable 
 
 for XXII 28 353 
 
 Moneys, city, account of to be made to comp- 
 troller by VI 1 67 
 
 neglect to deposit in treasury, comptroller 
 
 to notify mayor of IV 27 63 
 
 to be paid to Treasurer by VI 1 67 
 
 Moneyed institutions, certain, not to be inter- 
 ested in XXII 10 346 
 
 Oath of office of, ueglect to take psnaltv IJI 4 45 
 
 Office, at present holding, te-m of XXII 26 352 
 
 Office, restrictions as to iiolding other, effect of III 4 45 
 
 Qualifications of • Ill 3 44 
 
 Salary of aot to be paid in certain cases Ill 4 46 
 
 Suspension of by May^r, proceedings on Ill 12 50 
 
 Suspen ion of, when mayor notified that city 
 
 moneys have not been deposited in treasury IV 27 63 
 Vacancies cau-ed by failure to take oath or 
 
 to file bonds how filled . Ill 4 45 
 
 Vacancies to be be filled for unexpired terms. . Ill 12 50 
 
 Vote of, receiving consideration for a felony, . . XXII 23 350 
 
 City Surveyors. 
 
 Appointment of Ill 12 28 
 
 City Treasurer. 
 
 Account of receipts and payments to be kept 
 
 by VI 1 67 
 
 Accounts of, exammation of IV 28 63 
 
 Appointment of VI 1 67 
 
 Appropriations, books showing condition of, to 
 
 be kept by VI 2 68 
 
 statements of to be furnished to before 
 
 warrants drawn IV 27 63 
 
26 
 
 INDEX. 
 
 Title. Sec. Page, 
 
 Board of education, to be trensnrfr of XVIII 4 286 
 
 Bouit] of estiuiute, to be a meiuber of I( 18 33 
 
 City clerk, m<»uey received by to be paid over to II 6 25 
 Collector of taxes aud nHsefStnents to pny 
 
 inoueys to on day received VII 1 69 
 
 Comptroller, rents of property t«» be p>inJ by to IV 26 62 
 D. p 'Sits of luon. y to be made in certain insti- 
 tutions VI 1 67 
 
 Dnplicjtte payments to cUaige refund of to 
 
 pr per account X 13 103 
 
 Duties of VI 1 67 
 
 Excise moneys, to pay portion of to p.»lice pen- 
 sion fund XI 41 123 
 
 lusnrance companies, tnx <»n certmn to be paid 
 
 to trnst^-es Firenien's iiisniHnce fnnd XIII 14 151 
 
 Institutions of deposit f .r "'t\ moneys, wlieu 
 
 to be determined l»y VI 1 67 
 
 Interest account of colloctt d on city deposits to 
 
 be furnished to c niptroller by ... . . . . . Vl 1 67 
 
 Interest on city dep 'sits, col). cti »n of VI 1 67 
 
 111 oiieys, city, to receive >unl deposit all VI 1 67 
 
 Office of, ofl&ce of rec »rd, laws applicable 
 
 thereto XXII 3 345 
 
 Receipts for immeys paid to him to be in 
 
 duplicate VI 3 68 
 
 Beturns, to m d<e w« eUlv VI 1 67 
 
 Sal.a v of VI 1 67 
 
 Tiix sales, moneys paid < n lo be deposited with VIII 6 85 
 
 Te.m of offire of VI 1 67 
 
 Treasury department, lo bn head of VI 1 67 
 
 Water sinking fund, to be coMiniissiouer of .. . XV 5 237 
 Water lates, money received from, separate 
 
 account of to be kept by XV 4 236 
 
 how to be |.aid out XV -4 236 
 
 Warrants not to be paid by iiide^s balance in 
 
 proper account applicjible thereto VI 2 68 
 
 See ' ' Waekants. " 
 
 City Works. 
 
 See ' • Department op City Woeks. " 
 
 Claims Against the City. 
 
 Actions on, when mav be brought XXII 30 '353 
 
 Audit of *. . . V 3 65 
 
 Ex'imiuntion of by auditor V 1 65 
 
 FiliuK of, settlement of XXII 30 353 
 
 Coal Wood, Etc. 
 
 Dealers in, regulation and license of II 12 28 
 
 Collector of Taxes and Assessments. 
 
 Accounts of, annual examination of IV 28 63 
 
 Accounts of. common council mav tirder xam- 
 
 a ..inaiion «.f * IV 28 63 
 
 Accounts, statement of, to make wlieu uotitied 
 
 by surety VII 3 70 
 
 Appointment of VII 1 69 
 
i 
 
 INDEX. 27 
 Title. Sec Fage. 
 
 Assecpments, nnpa d.acconnt of to bp delivered 
 
 t(» trejisiirei by VII 12 74 
 
 Assf-snients unlaid, Rrc<mut of, d^^liveij' to 
 
 coTuptrollpr, xffidiivit of to lie uuide l>y VII 13 74 
 
 Bills f..r tHxes. Hrr. ars to be note on by VII 11 73 
 
 Bills of aniounts as"*- ssed to persous liable 
 
 tb-refof, t be sent by VII 2 70 
 
 Ckillpction. depaitiueut of, head of VII 1 69 
 
 G'lupt roller to chaigf Ct^itniii mnouuts to IV 21 tO 
 
 O'luptroiler to credit ct-rtaiu amount to IV 21 60 
 
 C<' in pt roller to credit with nnionnt <»f «inp:iid 
 
 assf-^siiients upon prcpnr }iffidH\it V^I 13 75 
 
 Einbezzlenien', wliat jicrs of c-onstitnte VII 5 70 
 
 LocmI iiiiproveiiieuis. a'.>Ntrjic't <if as>es>»njeM for 
 
 to fnruisli foinptroller with VII 7 71 
 
 Lk csil iinpriivements, asses-SLueuts for to t-e en- 
 tered on annual assess i ent r ills b\ VII 11 73 
 
 LiOCil improveiueu s. ass« ssnimt lollsfor, to be 
 delivered to when, warrant f« r to be deliv- 
 fr^d t<» whei VII 6 71 
 
 Local iiiif roveinents, pay?.! le in mstjdluients, 
 
 uj>iy Ciincel Mssessineutc for when VII 8 71 
 
 Lociil iuipr«)vemt^uts, p:ivahle iu iustalluieiits, 
 
 may receive total amonni ft)r VII 8 71 
 
 M<'ue\s collec e«l bv, how loi to retail' VII 5 71 
 
 Aloneys, clleciiou of on wanants «>eli\e d to VII 1 69 
 
 Moneys. Conversion of end)ezzlem« nt VII 5 70 
 
 Mou collected, to render ac onnt •>» to comp- 
 troller VII 1 69 
 
 Monevs. to pav to tieasnr«-r sjime dav »s col- 
 lected ! Vil 1 69 
 
 Office of, office of rt cold, laws applicable to. .. XXII 3 345 
 
 Powers of, siime as Collectors of towns Vll 2 69 
 
 Keal estate, tax on, need not levy bv distress 
 
 of goods aud chattels .' VII 2 69 
 
 Kegistrar of ai rears to ceriify omissions and 
 
 overcharges t« VII 14 75 
 
 Kegi-trar of arrears, to charge ciiy items trans- 
 mitted to VII 1 69 
 
 Registrar of arrears, to deliver animal as«^ess- 
 
 meut rolls to VII 11 73 
 
 Begistrar of arrenrs, to make return t<» at expir- 
 ation of year of nucollected items VII 9 72 
 
 Registrar of arrears, to niake retnrn to of taxes 
 
 remaining nnpaid at expiraticm of ^ear VII 14 75 
 
 Eegistnir of arrears, to receive no paym»-nt of 
 
 taxes after retnrn to VII 14 75 
 
 Salarj'of Vlt 1 69 
 
 Surety for, how ma\ be discharged VII 3 70 
 
 Taxes, collection of to bf b«gnii on December 
 
 1st in eacii year . VII 6 71 
 
 Taxes and assessments, allowance of, jjayment 
 
 of (o be credite<l to account of VII 10 72 
 
 Taxe^ and a-sessments, collection of to be made 
 
 by within one year from date of return . VII 9 72 
 
 Taxes and assessments, laxing of, corre< tion of 
 
 errors in, to be certified by X 10 102 
 
28 
 
 INDEX. 
 
 Title Sec. Page. 
 
 Taxes and assessments, sums collected on, to be 
 
 paid to treasurer by VII 9 72 
 
 Taxes and assessments unpaid, omission to 
 
 make return of VIII 9 86 
 
 Taxes, uiipai»l, comptroller to credit with 
 
 amount of VII 12 74 
 
 Taxes, unpaid, statement of, delivered to comp- 
 
 tioller by VII 12 74 
 
 Tax rolls, nofic*^ of completion of, and persons 
 required to pay, to be published without dt lay 
 by VII 2 69 
 
 Tax rolls, notice of completion of, require- 
 ments of VII 2 69 
 
 Term of office of VII 1 69 
 
 To charge to city amounts paid to comptroller, 
 to cliar<<e to city rebates, reductions and can- 
 cellations VII 1 69 
 
 Warrants for collection of assessments, notice 
 
 of to be ptiblished by VII 2 70 
 
 "Warrants for collection of taxes, amounts in- 
 cluded in, to be c- edited to city by . . ... VII 1 69 
 
 Warrants for collection of taxes to be delivered 
 
 to when VII 6 71 
 
 Commissioner of Buildings. 
 
 See "Bu ldings." 
 
 Commissioners of Election. 
 
 See Elections." 
 
 Commissioner of Parks. 
 
 See • ' Department of Pabks. " 
 
 Commissioners of Sinking Fund. 
 
 Bonds, city, interest ou, when portion of sur- 
 plus water income may be applied toward 
 
 payment of by IV 15 58 
 
 interest on principal of amount of to be 
 rai>»ed by tax, to be certified to board of 
 
 estimate by IV 18 59 
 
 or obh ations of ci'y, may can el, in what 
 
 money or fund may be invested IV 18 59 
 
 Meetings of' ." IV 17 69 
 
 Mem bt^rs of. who shall be IV 16 59 
 
 Moiiej', city, ill wiiar institutions to be depos- 
 ited, directed by VI 1 67 
 
 deposit of. how contract for with institu- 
 tions made by rv 18 59 
 
 of sinking fund, how invested and de- 
 posited IV 18 59 
 
 Report of to common <-ouncil semi-antiually ... IV 19 60 
 
 Secretary, who Hha'l act as IV 17 59 
 
 Water works, n» t surplus income of to be paid 
 
 to IV 15 58 
 
 Common Carriers. 
 
 Kegulation and license of II 12 28 
 
r 
 
 INDEX. 29 
 
 Title. Sec. Page. 
 
 Common Council. 
 
 Accounts of certain officers, examination of 
 
 may be ordered by IV 28 63 
 
 Accounts of departments, comptroller to pre- 
 scribe manner of keepmg subject to ordi- 
 nances of IV 2 54 
 
 Aldermen to constitute the II 3 23 
 
 Amusements, licensing and regulation of by . . II 12 28 
 Assessments, assessors to make return to for 
 
 confirmation X 6 99 
 
 Assessments for local improvements, certain to 
 
 be declared void and to be re-a&sessed by ... X 15 104 
 Assessments for Prospect park, to be raised 
 
 and levied by XVI 24 283 
 
 Assessments, levying of II 12 27 
 
 Attorney and counsel, person to appear for 
 
 corp ration, with couseut of IX 1 95 
 
 Auctioneers, regulation and license of II 12 28 
 
 Auditor, to report weekly V 6 65 
 
 Bathing, regulation of by II 12 28 
 
 Baths, public, to establish and maintain II 12 28 
 
 Billiard saloons, regulation and license of II 12 28 
 
 Bowling alleys, regulation and license of II 12 28 
 
 Bridges, building of by, loans for how created. II 23, 4, 5, 39 
 
 Burials, to regulate II 12 28 
 
 Cars, street, regulation and license of II 12 29 
 
 Cartmen, public, regulation and licecse of .... II 12 28 
 Chaises incurred under Sec. 5, title XVIII, to 
 
 order to be audued and paid XVIII 5 295 
 
 Charges, against officers, etc., investigation of.. II 12 27. 
 
 Circuses, regulation and license of II 12 29 
 
 City hall, keeper and assistant keeper, appoint- 
 ment of II 28 40 
 
 City surveyors, to appoint II 12 28 
 
 Clerk of, appomted by II 6 25 
 
 duties of II 6 25 
 
 Coal, wood, etc., dealers in, regulation and 
 
 license of II 12 28 
 
 Commissioner of city works, powers of over 
 
 limited XV 51 264 
 
 Commissioners of sinking fund to report semi- 
 annually to IV 19 60 
 
 Common carrieTS, regulation and license of. . . II 12 28 
 Contracts, accounts on, statement of, comptroller 
 
 to render when required IV 23 61 
 
 bids for, to authorize department of city 
 
 works to advertise for XVIII 1 293 
 
 certain, to be under control of XVIII 1 293 
 
 discharged how IV 25 62 
 
 forfeiture for non-fulfilment of, not re- 
 mitted by II 19 35 
 
 restriction as to entering into IV 25 62 
 
 Court rooms for justices' courts, leasing of by. . XXI 8 341 
 
 Crosswalks, to lay, expense of how charged II 12 30 
 
 Curbs, to set and reset, expense of how charged II 12 30 
 Dangerous materials, to regulate storage and 
 
 sale of II 12 28 
 
30 
 
 INDEX. 
 
 Title. Sec. Page- 
 
 Departments, to supervise ajffairs of 11 12 27 
 
 Disi»r<lerly houses, iTobibilion of II 12 29 
 
 J >o«4s, regiiliiti"U !iu(i license of II 12 29 
 
 E-tiiniite of board of estiui ite, to iic^ on II 18 34 
 
 Exhibitiotis. regulation and bceuse of II 12 29 
 
 Expressmen, regulation and lu•ens^ of II 12 28 
 
 Fiti-iuces. ujanagement of It 12 27 
 
 coiuptroller to comniuuic.ite plans for iin- 
 
 provn)g aduiinibtration of to IV 29 63 
 
 Finance commitree, clirtinnan of, to examine ac- 
 counts of certain otiieers IV 28 63 
 
 Fiuancial statement, to publish annually II 10 26 
 
 Fiiiiincial statement of concerns, comptroller to 
 
 prepare annually under direction of. IV 1 53 
 
 Fiie department : 
 
 property of manner of di«.posing of XIII 4 145 
 
 8U|) lies and apparatus for, to provide ... XIII 3 145 
 
 Fire district, proceeniiigs for extending II 12 28 
 
 Gutters, to set and reset, expense of how 
 
 charged II 12 30 
 
 Hackinen and cabmen, regulation and license 
 
 (»f II 12 28 
 
 Improvements, making of by, loans for how 
 
 created '. II 23, 4, 5 39 
 
 Intelligence offices, regulation and license of. . II ll 28 
 
 Interpivfer-*, appointment, etc., of by II 22 38 
 
 Ju-lgui'-iits against city, to diivct payment of . . X ill 20 349 
 
 Juuk dt^alers, rei^nlation and license of II 12 28 
 
 Legislative p iwer vested iu II 1 23 
 
 Licenses, excise, form of. deteimiued by XI 62 132 
 
 Licenses, oci-upatu»ns •ubject to II 12 28 
 
 Loans, temporary, in anticipation of taxes, may 
 
 mike. II 26 40 
 
 Local improvements : 
 
 assessiu'^nts. certain, deolared void and r'^- 
 
 assessed by, . . . X 15 104 
 
 assessment roll, copy of to be delivered to 
 
 comptroller and collector by VII 6 71 
 
 estimate of cost of to be submitted to by 
 
 CO umissioner of cit}' works IV 23 61 
 
 powers of in relati »n to i-eassessments for. XIX 18 304 
 
 Lots, digging down and tillin>j:, expense of. ... II 12 29 
 
 fencing of, to direct, exp nse of II 12 29 
 
 walls on, to direct building of II 12 29 
 
 Maps, ward, to cause to be made X 4 98 
 
 Markets, establishment of by; 
 
 loans for, how created II 23 39 
 
 24 39 
 
 25 39 
 
 regulation and license of II 12 29 
 
 Meeting, first of II II 27 
 
 Meetings, special, how called II 11 29 
 
 time and place of, appointed by II 8 25 
 
 Stated weekly-, to hold. .. II 11 27 
 
 Members of 
 
 election of, 'o be sole judge of II 8 25 
 
 expelling and punishment of II 8 25 
 
r 
 
 INDEX. 31 
 
 Title. Sec. Page. 
 
 qualifications of, sole judge of II 8 25 
 
 receiving compensatiou for vote, guiltj of 
 
 felony XXII 23 350 
 
 resign .tiou of, Low effected. II 5 24 
 
 seat of niav be declared \acant by II 8 25 
 
 term uf office of II 3 23 
 
 II 5 24 
 
 Menageries, regulation and liccDse of II J 2 29 
 
 Money, borrowing of IV 25 62 
 
 ])aying of, time and manner of • VI 1 67 
 
 Newspapers, corporation, dt-signaticm of l)y, 
 
 expenditure f..r II 17 32 
 
 Noxiou>s business, regu hi tion and license of II 12 29 
 
 Nuisances, jibateaieiit of by II 12 28 
 
 Officers, sel ctiug of by II 8 25 
 
 Ordinaui-es, Hiueuduient and repeal of II 13 30 
 
 continued in force 11 27 40 
 
 debts tnd obli^^ations not to be created ex- 
 
 c ptby II 9 26 
 
 hen Itb, amending or repealing of XII 3 135 
 
 objections to, returned by ni>iyor to be 
 
 enteied at length on journal II 9 26 
 
 penalties for violation of . II 14 31 
 
 may not remit fiaes for II 19 35 
 
 to be prescribed by II 12 29 
 
 power to pass II 12 27 
 
 publication of by II 16 31 
 
 violation of, suits for, proceedings in II 15 31 
 
 Ordinances and resolutions of to take effect 
 
 when II 9 26 
 
 returned by mayor with objecti(ms, pro- 
 ceedings as to II 9 26 
 
 Parks, making of by, loans for, how created. . . II 23 39 
 
 24 39 
 
 25 39 
 
 Parks and places, matters connected with, to 
 
 regulate II 12 28 
 
 Pawnbrokers, regulation and license of II 12 28 
 
 Peddlers and hawkers, regulation and license of II 12 28 
 Penalties for violation of Act, to be prescribed 
 
 by II 12 29 
 
 Police and excise, department of, property be- 
 longing to, disposal of directed by XI 65 133 
 
 security to b^^ entered into by commission- 
 er and members of, to be provided for 
 
 by XI 36 121 
 
 telegraph instruments for X£ 24 116 
 
 Powers of II 13 30 
 
 II 12 27 
 
 President of, elected annually II 8 25 
 
 President, pro tempore II 8 25 
 
 Proceedings of, journal of to be kept II 8 25 
 
 record of, city clerk to keep, certified copy 
 
 of evidence in all courts II 6 25 
 
 rules of determined by II ' 8 25 
 
 Property, corporation, to manage II 12 27 
 
32 
 
 INDEX. 
 
 Title. Sec. Page, 
 
 Pioposnls, certain work authorized by to be 
 
 done without two-tbinls vote XVIII 6 295 
 
 Prostitutes, restraining and punishment of ... . II 12 29 
 
 Shooting galleries, regabitioii and license of ... II 12 29 
 
 Shows, cjiurnon, regulation and license of . ... II 12 29 
 Sidewalks, improvement of, expense of, how 
 
 met II 12 30 
 
 repair of, expens.^ of, how met II 12 30 
 
 Slaughter houses, regulation and license of . . . II 12 29 
 
 Special meetings of, how called II 11 27 
 
 Streets, avenues, etc. : 
 
 cession of, not to accept until title reported 
 
 by attorney and counsel IX 2 9G 
 
 Jurisdiction of over, mattei-s connected 
 
 with, to regulate XXII 22 350 
 
 names of may be changed by . . . II 21 38 
 
 Surplus of appropriation may be applied as di- 
 rected by XVIII 3 294 
 
 Swimming, regulation of by II 12 28 
 
 Taxes and assessments, renewal of warrants for VII 9 72 
 Trustees of property, funds, etc., of city, 
 
 duties and responsibilities as XXII 21 350 
 
 Vacancies in. how filled II 3 23 
 
 Vagrants, beggars, etc , restraining and pun- 
 ishment of II 12 2& 
 
 Vessel, to furnish on requisition of commis- 
 sioner of police and excise XI 24 116 
 
 Ward boundaries, change of by II 29 J 41 
 
 Water works, inspection of by committee of . . XV 23 246 
 
 Weights and measures, regulated by II 12 28 
 
 Wharves, matters connected with to regulate . . II 12 
 
 Comptroller. 
 
 Accounts of, examination of, common council 
 
 may order IV 28j^; 63 
 
 Accounts and payrolls, form to be presciibed by IV 1 53 
 Accounts, method of keeping, to be prescribed 
 
 by IV 1 53 
 
 Accounts of departments, to be kept in manner 
 
 prescribed or approved by IV 2 54 
 
 Accounts, when may be overdrawn by VI 2 68 
 
 Appropriation, portion of annual, maybe trans- 
 ferred to revenue fund IV 10 57 
 
 statement of to be furnishtd to treasurer 
 
 by, before warrants drawn IV 27 63 
 
 Assessment fund, to certify amount of applica- 
 ble to contract IV 24 61 
 
 Assessments, unpaid, account of, collector to 
 
 deliver to VII 12 74 
 
 unpaid, acnount of, collector to be credited 
 
 with, upon proper affidavits VII 13 75 
 
 Assessment rolls, copies of to be sent to VII 6 71 
 
 Books of treasurer, may direct what shall show VI 2 68 
 Bonds, stocks and obligations : 
 
 account to be kept by IV 4 54 
 
 award to highest bidder IV 3 54 
 
 bids for purchase of, to be advertised for by IV 3 54 
 
 books for transfer of, to be kept in office of IV 6 5& 
 
INDEX. 38 
 Title. See. Fage> 
 
 disposed of by, with mayor IV 4 5i 
 
 interest on, fixed by, with mayor IV 4 ^ 54 
 
 sale of at less than par Talue and ncorned 
 interest not to be made without consent 
 
 of IV 3 54 
 
 signed by, with mayor IV 4 5* 
 
 Buildings, expense of examining strength of 
 
 floor of, to be paid by XIV 14 ISO- 
 Charges incurred under section 5, titl« 
 
 XVIIl, to be paid by XVIII 5 295- 
 
 Claims against city, duties of in regard to XXlI 30 363- 
 
 Contracts : 
 
 accounts of liabilities incurred under to be 
 
 kept by IV 23 61 
 
 copies of to be filed iu office of IV 26 62 
 
 false indorsement of by, liabilities incurred 
 
 under XVIII 3 294^^ 
 
 indorsement of by XVIII 3 294 
 
 statements relating to, to be rendered by 
 
 to common council wh«n required . IV 23 61 
 
 Creditors, officers and employees of corpora- 
 tion, mode of payment of, prescribed by. ... IV 1 53 
 Duties of office of, person to perform to be ap- 
 pointed by mayor in certain cases XVIII 3 294 
 
 Elections, requisitions to be made upon for ex- 
 penses of XX 26 324 
 
 Fees, fines and penalties received by attorney 
 
 and counsel, accounts of to be rendered to . . IX 1 95 
 
 finance, head of department of IV 1 53" 
 
 Finunces of corporation, subject to ordinances 
 
 of common council IV 1 63 
 
 management of by IV 1 53' 
 
 plans relating to, to be communicated to 
 
 common council by IV 29 63 
 
 Financial, affairs, statement of to be rendered 
 
 common council by IV 1 53 
 
 concerns of corporation, annual statement 
 
 of to be prepared by IV 1 53 
 
 Indebtedness, certificates for the payment of 
 state and county taxes, authorized to be is- 
 sued by IV 30 63 
 
 Land, sold for assessments, etc., notice of sale 
 
 of to be served by VIII 4 82 
 
 Local improvements, contracts for, copies to be 
 
 filed with XIX 13 302 
 
 contracts for, haw payments made upon . . XIX 16 303^ 
 payabla in installments, abstract of assess- 
 ment for, to be furnished to by collector VII 7 71 
 Night medical service, to pay fees of physicians 
 
 for services in XII 10 140 
 
 Moneys : 
 
 excise, portion of to be paid to police 
 
 pension fund XI 41 123 
 
 manner of paying to treasurer by officers 
 
 of city, when may be directed by VI 1 67 
 
 officers receiving, to account to for VI 1 67 
 
... ... .. ... Title. Sec. Pag©. 
 
 j)ayments/ duplicate, refund of to be 
 
 • charged to proper account by. ........ X 13 103 
 
 receipts fbr payment of to treasurer, to be 
 
 filed with. V. VI 3 68 
 
 received, by ■ city clerk, return of to be 
 
 * made 'under oath to II 6 25 
 
 redemptibn, checks for payment of, to be 
 
 countersigned by VI 1 68 
 
 "^''^ IV 22 61 
 
 . ^ , redemption, to be drawn on check couuter- 
 
 sign^'by IV 12 57 
 
 "'^ Oath, in certain cases may be administered by. IV 1 53 
 
 Obligations to be signed by Ill 11 ,49 
 
 to prescribe form of IV 4 54 
 
 <! ; Ofl&ce of, office of record, laws applicable to. . XXII 3 345 
 , Officers neglect of to deposit in treasury, to 
 
 notify- mayor qf. . , IV 27 63 
 
 i..; Police and excise, meaiV»ers of department of, 
 
 ! • certificate to pay, issued by XI 4 108 
 
 Police justices, appointment of XXI 11 342 
 
 r . vacancy in office of, filling of XXI 12 343 
 
 Police pension fund, money deducted from i)ay 
 of members of department of police and 
 excise for lost time, to be paid to trustees of 
 
 by XI 41 123 
 
 Prospect park, bonds for amount to be raised 
 
 each year for XVI 9 269 
 
 Record to be kept in office of, open to public 
 
 inspection XVI 23 282 
 
 Registrar of Arrears : 
 
 moneys and checks received, return of, to 
 
 be made to, by VIII 13 87 
 
 monthly report to be made by to VIII 13 87 
 
 neglect of to make payment to treasurer as 
 required by law, mayor to be notified 
 
 of by VIII 13 88 
 
 receipt of treasurer for moneys collected 
 
 by, to be filed in office of VIII 13 88 
 
 return and books of to be kept and ren- 
 dered in form piescribed or approved by VIII 13 87 
 to be charged with certain amounts by ... . IV 20 60 
 to be credited witli certain amounts by . .. IV 20 60 
 Rents from property under no other custody, 
 
 to have charge of collections and payments of IV 26 62 
 Sale of land purchased by city at arrears sales, 
 certificate of may be assigned by with assent 
 
 of mayor VIII 4 82 
 
 Salaries, not to be paid by in certain cases III 4 46 
 
 Salaries of members of police force, to deducl 
 
 portion of for police pension fund XI 41 123 
 
 Sinking fund, account of to be kept by IV 19 60 
 
 Sinking fund commissioner, to be a IV 16 59 
 
 Sinking fund commissioners to appoint clerk 
 
 in his office to act as secretary to IV 17 59 
 
 to have custody of securities, books and 
 
 papers of IV 16 59 
 
 to preside at meetings of, in absence of 
 
 mayor IV 17 59 
 
r 
 
 INDEX. 35 
 Title. See. Page. 
 
 Street openings, awards for damages in, to be 
 
 paid by XIX 32 311 
 
 Streets, dangerous, repair of, charges for to be 
 
 paid by XVIII 2 294 
 
 Taxes : 
 
 to cause amount of deficiencies in personal, 
 and on land imperfectly described to be 
 
 inserted in annual tax levy VIII 19 90 
 
 to charge or credit collector of with cer- 
 tain amounts VII 1 69 
 
 to compare amounts received by collector, 
 
 with lists in his office VII 1 69 
 
 to pay to county treasurer taxes raised by 
 
 city for state and county purposes IV 30 63 
 
 unpaid, to credit collector with amount of VII 12 74 
 Taxes and assessments, errors in laying of, cor- 
 rection of to be certified to by X 10 102 
 
 Tax certificates, to sign and issue VIII 18 89 
 
 Tax rollf, copies to be sent to VII 6 71 
 
 Tax sales, to countersign checks for payment 
 
 of redemption moneys on VIII 16 89 
 
 Tax sales to have care and custody of property 
 
 bought by city at * Vni 4 82 
 
 Tax sales when money to pay expenses on 
 
 property bought by city at, to be taken' from VIII 4 82 
 
 Term of office of IV 1 53 
 
 Treasurer, manner of making return of, to be 
 
 directed by VI 1 67 
 
 Treasurer, receipt, form of, to be prescribed 
 
 and approved by VI 3 68 
 
 Vacancy m office of, how filled Ill 3 44 
 
 Vouchers for expenditure of money to be ap- 
 proved by V 2 65 
 
 to be filed in office of V 2 65 
 
 Ward, aggregate amount of arrears due from 
 
 each, collector to notify of VII 14 76 
 
 "Warrants, to be signed by VI 1 67 
 
 Warrants for collection of taxes and assessments 
 
 to be signed by VII 9 72 
 
 Water sinking fund, to be commissioner of ... . XV 5 237 
 Water income, deficiencies in estimate of to be 
 transmitted to board of estimate by XV 7 238 
 
 Concourse. 
 
 Lands of, grant of to railroad comj)anies prohi- 
 bited - XVI 17 277 
 
 Maintenance of to be a charge upon city XVI 2 266 
 
 Kailways, restrictions as to XVI 16 276 
 
 Constables. 
 
 Election and duties of Ill 14 51 
 
 Contracts. 
 
 Award of to lowest bidder XVIU 1 293 
 
 Award of to other than lowest bidder XVm 1 293 
 
 Common Council: 
 
 certain, to be under control of XVIII 1 293 
 
 not to enter into certain IV 25 62 
 
36 
 
 INDEX. 
 
 Title. Sec. Page. 
 
 Discharged out of money raised by tax, or bor- 
 rowed during year in which entered into IV 25 62 
 
 Filing of in office of comptroller- IV 26 62 
 
 Fire department, supplies for XVIII 6 295 
 
 Gas for supplying lamps, what to be provided 
 
 in XVIII 4 295 
 
 Local improvements: 
 
 amount of liabilities under limited XIX 8 300 
 
 certain copies of for, to be filed with comp- 
 troller XIX 13 302 
 
 certification of XVHI 1 294 
 
 (except sewers) not to be entered into un- 
 less estimated cost first submitted to 
 common council by commissioner of city 
 
 works IV 23 61 
 
 when authorized XIX 8 300 
 
 Lots, digging down, draining or filling of, cer- 
 tificate of comptroller as to assessment fund IV 24 61 
 
 Lots, vacant, fencing of IV 24 61 
 
 Making of, provisions as to XVIII 1 293 
 
 Non-fulfillment of certain, forfeitures for. . II 19 35 
 Proposals, certain work to be done without 
 
 calling for XVIII 5 295 
 
 Sidewalks, flagging or reflaggging, comptroller 
 to certify mone3' in assessment fund applica- 
 ble to before made IV 24 61 
 
 Signing or executing by officers in contraven- 
 tion of provisions of title IV, a misdemeanor IV 23 61 
 Supplies, when may be purchased without ap- 
 proval of common council XVIII 5 295 
 
 Validity of, requirements as to XVIII 3 294 
 
 Corporation Counsel. 
 
 See " Attorney and Couusel." 
 
 Connty. 
 
 City tax, pro rata proportion of to be paid to 
 
 monthly IV 30 63 
 
 State tax, time to pay into state treasury not 
 
 changed IV 30 63 
 
 Taxes for, comptroller may issue certificates of 
 
 indebtedness to meet deficiency in IV 30 6S 
 
 Taxes for state and county purposes, com- 
 ptroller to pay to county treasurer IV 30 63 
 
 Courts. 
 
 See "Justices of the Peace" and "Police Justices." 
 
 Creditors of the Corporation. 
 
 Mode of payment of, comptroller to prescribe.. IV 1 53 
 
 Criminal Courts. 
 
 Jurisdiction of in cases of arrest upon waters, 
 
 piers, etc XI 24 117 
 
 Criminal Process. 
 
 Who may serve in city XI 19 115 
 
INDEX. 3T 
 Title. Sec. Paije. 
 
 Crosswalks. 
 
 Common council to repair, expense of, how 
 charged XVIH 2 394 
 
 Curbs. 
 
 Common council to set and re-set, expense of, 
 how charged II 12 30 
 
 D. 
 
 Dangerous Materials. 
 
 Storage and sale of regulated by common coun- 
 cil n 12 28 
 
 Bead. 
 
 Bemoral and burial of, commissioner of health 
 to act in matters pertaining to Xn 2 13S 
 
 Deaths. 
 
 Registration of Xn 2 135 
 
 Debt. 
 
 Debts of departments and officers to be paid 
 
 only on vouchers IV 1 5S 
 
 lHoue to be created by common conncil against 
 city except by ordinance or resolution spe- 
 cifying object and amount of expenditure. .. U 9 26 
 
 Default 
 
 To be charged on payment of taxes, assess- 
 ments and water rates YII 10 72 
 
 Degraw Street. 
 
 Buildings on certain portions of. regulated. . . . XVI 14 275 
 
 Department of Arrears. 
 
 Registrar of arrears to be head of VIU 1 77 
 
 T>ixes, assessments and water rates unpaid, 
 
 management and coutrol of matters relating 
 
 to vested in Vm 1 77 
 
 See '^Registbab of Abbeabs" and "Taxes, Assessments akd Wateb 
 
 Rates." 
 
 Department of Assessment. 
 
 Assessors appointed by mayor, salary of, terms 
 
 of office of X 1 97 
 
 Assessors, board of to constitute X 1 97 
 
 President of board of assessors to be head of, 
 
 to preside at meetings X 2 98 
 
 See * • AssEssoBS " " Local Impbovembkts." 
 
38. 
 
 INDEX. 
 
 Title. Sec. Page. 
 
 Department of Audit. 
 
 See "Auditor." 
 
 Department of Buildings. 
 
 See " Buildings." 
 
 Department of City Works. 
 
 Animals, dead, contracts for remo"val of XII 7 137 
 
 Xlt 8 138 
 
 Buildings, mins of, removal of debris from by XIV 31 217 
 
 Bureaus in XV 2 234 
 
 Commissioner of, appointment, duties, etc. of XV 1 233 
 
 Contracts, duties of in regard to XVIII 1 293 
 
 Enyiueer, chief in XV 2 234 
 
 Garbage, removal of, contracts for, how made. XII 7 137 
 
 XII 8 138 
 
 Head of, commissioner of city works XV 1 233 
 
 Hi'spital for contagious diseases, site of, how 
 
 selected XII 12 142 
 
 Hydrants, commissioner may cause to be placed 
 
 in streets XV 17 244 
 
 Improvements, under sole control of XV 51 264 
 
 Local improvements: 
 
 commissioner to certify proceedings in 
 
 laying assesments for VII 6 71 
 
 estimate of cost to be submitted to com- 
 mon council, (exception) IV 23 61 
 
 proceedings for, to be certitied by XVIII 1 294 
 
 ; Night soil, removal of , contracts for, how made XII 7 137 
 
 XTI 8 138 
 
 Offal, removal of, contracts for XII 7 137 
 
 XII 8 138 
 
 Office of record, laws applicable to as XXII 3 345 
 
 Plumbers, license of, security may be required 
 
 from by ' XV 18 244 
 
 Powers of, subject to control of common coun- 
 cil XV 51 264 
 
 Sewers, auxiliary, duties of relating to XV 27 248 
 
 XV 28 248 
 
 XV 29 249 
 
 XV 30 250 
 
 construction and maintenance of XV 1 233 
 
 cost of, to estimate XV 37 256 
 
 duties of in relation to, plans for XV 26 248 
 
 extension and completion of, plans for to 
 
 be devised by commissioner XV 25 246 
 
 plans of, changes in, proceedings XV 49 263 
 
 proceedings to acquire right to lay in 
 
 unopened streets XV 32 252 
 
 regulations for use of, presoribed by com- 
 missioner XV 42 258 
 
 superintendent of XV 2 235 
 
INDEX. ;'9|9 
 Title. Sec. Page. 
 
 Streets: 
 
 cleaning of, powers and duties of commis- 
 sioner relating to XV 47 261 
 
 See ' ' Stbeets " 
 
 dangerous, to repair, XVIII 2 294 
 
 repair of, duties of commissioner in rela- 
 tion to XV 50 263 
 
 superintendent of XV 2 235 
 
 Supplies, superintendent of XV 2 235 
 
 Water: 
 
 proceedings m relation to, commissioner 
 
 to cause to be prosecuted or defended. . . XV 21 245 
 
 use of, commissioner of to make regula- 
 tions, liceusing . XV 16 244 
 
 See Water." 
 
 Water purveyor, in • XV 2 ■ 234 
 
 Water rates: 
 
 arrears of. commissioner of to notify comp- 
 troller of XV 9 239 
 
 books, annual, commissioner to make up. . XV 9 239 
 time of payment of to be fixed by com- 
 missioner .' XV 16 244 
 
 :See *' Water Rates " and "Taxes, Assessments and Water Rates." 
 
 Water registrar XV 2 235 
 
 Water rents, collected by XV 4 236 
 
 Water wor s: 
 commissioner of, charged with management 
 
 of XV 10 239 
 
 conditions of, coanuissioiier of, to report to 
 
 common council XV 22 246 
 
 expense of acquiring land and water, com- 
 missioner of to draw on comptroller for XV 15 243 
 extension of, comiuibssioner of to putchase 
 
 land for XV 11 240 
 
 See Water," "SEWEits," "Streets." 
 
 Department of Collection. 
 
 See • ' Collector of Taxes and Assessments " and * • Taxes, Assess- 
 ments and Water Rates. " 
 
 Department of Finance. 
 
 Comptroller to be head of IV 1 53 
 
 See " Comptroller. " 
 
 Department of Fire. 
 
 Apparatus for, common council to supply ... . XIII 3 145 
 interference with without authority a mis- 
 demeanor XIII 8 148 
 
 Assi«5tance, New York fire department may be 
 
 called upon for, expense of, how paid. ..... XIII 10 14^ 
 
 Badges, members of required to wear XIII 9 148 
 
 Bell ringers, commissioner to appoint . XIII 5 146 
 
 salaries of how fixed XIII- 6 147 
 
 Buildings, examination of by commissioner, 
 penalty for refusing to obey directions of 
 
 comij.issioner .• XIII 18 163 
 
 ordered destroyed, compensation for, how 
 
 recovered XIII 13 150 
 
 whein may be destroj'ed at fire. . ... . .•. . . . XIII - 12 • ■ 150 
 
40 ^ LNDEX. 
 
 Title. 8e^. a«e. 
 
 Certiorari to review removal from XL 15 115 
 
 Clerks, fire commissioner to appoint XIII 5 146 
 
 Drivers, fire commissioner to appoint XIII 5 146 
 
 salary of XIII 6 146 
 
 Dwellings, examination of by commissioner, 
 penalty for disobeying directions of commis- 
 sioner XIII 18 163 
 
 Employees in, to be under control of commis- 
 sioner, to perform duties imposed by com- 
 missioner XIII 5 146 
 
 Engineer, chief, commissioner to select, com- 
 pensation of '. XIII 5 146 
 
 Engineers, assistant, commissioner to select, 
 
 compensation of XIII 5 146 
 
 salaries of, bow fixed, grades of XIII 6 146 
 
 Fines imposed on meujberf> of to constitute part 
 
 of firemen's insunuice fund XIII 14 Ifi* 
 
 Fire commissioner, appointment of XIII 1 145 
 
 firemens' iusurauce fund, to be a member 
 
 of boaid of trustees of XIII 14 150 
 
 fires, origin, management and investigation 
 
 of by XIII 17 153 
 
 salary and term of ofl&ce of XIII 1 145 
 
 Fire escapes : 
 
 firemen to report encumbrances on XIV 28 204 
 
 persons permitting encumbrances to be no- 
 tified by XIV 28 204 
 
 Firemen's insurance fund : 
 
 license fees to constitute part of XIII 1 9 157 
 
 penalties to form part of XIII 22 162 
 
 XIII 18 164 
 
 trustees, board of, who shall constitute, 
 
 pi.wers and duties of XIII 14 15ft 
 
 what to consist of XIII 14 150 
 
 who entitled to receive pension from XIII 15 151 
 
 when pensions may be ordered to cease. . XIII 15 151 
 Fire marshal : 
 
 appointment of, oflBce of to be at head- 
 quarters of fire deparlment, salary of, 
 
 term of office of, vflcancy in office of. . . XIII 18 158-60 
 
 commissioner to detail members of depart- 
 ment to assist XIII 21 160-2 
 
 gas jets and inflammable substances, duties 
 
 of as to XIII 22 16'2 
 
 investigation by, proceedings in XIII 20 159-60 
 
 investigation bv, commissioner to supervise 
 
 and direct.. !^ XIII 21 160-2 
 
 police detail, of t ) assist XIII 21 160-2 
 
 powers and duties of XIII 19 158 
 
 XIII 20 159-60 
 
 Force for extinguishing fires, members of not 
 
 to be removed without cause XIII 9 148 
 
 Foreign insurance companies, ax on to consti- 
 tute part of firemen's insurance fuud XIII 14 150 
 
 Foremen, commissioner to appoiut XIII 5 146 
 
 Head of, how appointed, term of office of, 
 
 salary of.: XIII 1 145 
 
 Horees for, common council to supply. XIII 3 145 
 
INDEX. 41 
 Title. Sec. Page. 
 
 Hydrants, inspection and regulation of, how 
 
 provided for XIII 2 145 
 
 Inflammable substances, commissioner to regu- 
 late XIII 22 162 
 
 Inspectors, commissioner to appoint XIII 5 146 
 
 Investigation of origin of fires. ... XIII 17 153 
 
 License, fees, attorney and counsel to sue for . XIII 19. 157 
 commissioner to collect, to be paid to credit 
 
 of firemen's insurance fund XIII 19 157 
 
 Members of, names to be enrolled, not liable 
 to military or jury dutv while performing 
 
 duty * XIII 8 148 
 
 pay of when may be forfeited punishment 
 
 of, when may be inflected XIII 9 148 
 
 New York, fires in, when attendance at may be 
 
 called for, expenses of, how paid XIII 10 149 
 
 Officers in, commissioner to appoint XIII 5 146 
 
 Penalties, certain to constitute part of fire- 
 men's insurance fund XIII 14 150 
 
 imposed by, attorney and counsel to sue for XIII 22 162 
 
 XIII 18 164 
 
 Persons not members of, wearing uniform of, 
 
 guilty of misdemeanor XIII 8 148 
 
 Petroleum : 
 
 commissioner to make regulations as to 
 
 storage and sale of XIII 18 155 
 
 license for retail sale of, where to be ob- 
 tained XIII 18 155 
 
 Police attendance to be provided at fires XI 25 117 
 
 Property of, interference with a misdemeanor.. XIII 8 148 
 when not required, how disposed of, pro- 
 ceeds of sale, how disposed of XIII 4 145 
 
 Promotions for bravery, recommendations for 
 
 mayor to approve XIII 18 162 
 
 list of XIII 18 162 
 
 Protection against fire, commissioner to provide 
 for, persons committing ny crime, arrest of. XIII 11 150 
 
 Regulations, commissioner to make XIII 9 148 
 
 persons violating any at fire, commissioner 
 
 to provide for arrest, rules as to XIII 11 150 
 
 Removals from, causes for reprimand XIII 9 148 
 
 Rewards f 
 
 commissioner may permit member of to 
 retain, retaining rewards without notice 
 
 may be cause of removal XIII 16 153 
 
 commissioner may dispose of for benefit 
 
 of firemen's insurance fund XIII 16 153 
 
 to constitute part of firemen's insurance 
 
 fund ... XIII 14 150 
 
 Right of way at fires, who shall have XIII 7 147 
 
 Ruins, examination of, rescuing bodies from, 
 
 means for providing XIV 31 217 
 
 Salaries, not to exceed amount appropriated for XIII H 146 
 Secretary, commissioner to select, compensa- 
 tion of pi ivileges of XIII 5 146 
 
 Superintendent of repairs to fire apparatus, 
 
 commissioner to select, compensation of ... . XIII 5 146 
 
42 
 
 INDEX. 
 
 Title. Sec. Page. 
 
 Supplies for, common council to provide XIII 3 145 
 
 to advertise for proposals for ki certain 
 
 cases XVIII 6 295 
 
 when may be furnished without order of 
 
 common council XVIII 5 295 
 
 Telegraphs, common coancil to supply, loca- 
 tion of XIII 3 145 
 
 Uniformed members of, compensation how 
 
 fixed, how paid . XIII 6 147 
 
 Uniforms, members of, required to wear, wear- 
 ing of without futhority a misdemeanor . . XIII 9 148 
 
 Vehicles, examination of by commissioner, 
 
 penalty XIII 18 163 
 
 Vessels, examination of by commissioner, 
 
 penalty XIII 18 163 
 
 Veterinary surgeon'*, salary of. subject to rules 
 and regulations XIII 6 147 
 
 Violation of fire laws, investigation as to, pro- 
 ceedings in XIII 17 153 
 
 Volunteer, benevolent fund of, board of esti- 
 mate to provide for II 29 10 
 
 Widows and orphans relief fund, who entitled 
 
 to payment from XIII 15 152 
 
 "Willful obstruction of apparatus or, officers of 
 
 a misdemeanor XIII 7 148 
 
 Department of Health. 
 
 Ambulance service XII 2 135 
 
 Animals, dead, contracts for removal of XII 7 137 
 
 XII 8 138 
 
 Buildings, unfit for habitation, vacation of . . . . XIV 54 231e 
 
 Business, detrimental to health, prohibition of XII 6 136 
 
 Cellars, regulation of XIV 59 231 A 
 
 Contagious diseases, hospital for 
 
 employees in, appointment of XII 12 142 
 
 patients, what admitted XII 12 142 
 
 physicians, in appointment of XII 12 142 
 
 site for, selection and purchase of ...... XII 12 142 
 
 Drainage : 
 
 plans for, approval of filing of XII 9 138 
 
 violation of provisions in regard to, injunc- 
 tion to restrain XII 9 138 
 
 Employees in, appointment and compensa- 
 
 : tionof XII 2 135 
 
 XII 4 136 
 
 Expenditures, incurred in XII 4 136 
 
 appropriation for XII 4 136 
 
 Garbage, removal of : 
 
 contracts for XII 7 137 
 
 XII 8 138 
 
 Health commissioner, to be head of XII 1 135 
 
 Lodging bouses : 
 
 powers as to XIV 53 231e 
 
 regulation of XIV 59 231^ 
 
 ventilation of XIV 59 231 A 
 
 Night medical service, provisions for XII 10 138 
 
INDEX. 4^ 
 Title. Sec Page. 
 
 Night soil, removal of ; 
 
 contracts for XII 7 137 
 
 XII 8 138 
 
 Offal, removal of ; 
 
 contracts for XII 7 137 
 
 XII 8 138 
 
 Oflficers : 
 
 appointment and compensation of XII 4 136 
 
 ■ ordinances, to enforce XII 2 135 
 
 Ordinances : 
 
 ameudmfnt of, provisions as to XII 3 135 
 
 commissioner to prepare and submit to 
 
 common council XII 3 135 
 
 enforcement of, commissioner charged 
 
 with, oflBcprs for. XII 6 336 
 
 execution of by commissioner XII 3 135 
 
 Peril to public health, measures to prevent .... XII 5 136 
 
 Pestilence, measures to prevent XII 5 136 
 
 Plumbers : 
 
 ' registry of XII 9 138 
 
 injunction to prevent carrying on busi- 
 ness without .... XII 9 138 
 
 misdemeanor, carrying on business 
 
 without XII 9 138 
 
 plans for, approval of XII 9 138 
 
 filing of XII 9 138 
 
 '■ violation of provisions relating to, 
 
 injunction to restrain .... XII 9 138 
 
 to be a iiiihdemeanor XII 9 138 
 
 Register of records, appointment and compen- 
 sation of XII 4 136 
 
 Register of vital statistics, duties of as to night 
 
 medical service XII 10 13l> 
 
 • Rules and regnlations, enforcemei.t of XII 6 136 
 
 Secretary, appointment and compensation of . . XII 4 136 
 Sanitary superintendent, appointment and com- 
 
 pensation of XII 4 136 
 
 Tenement housf s : 
 
 powers as to XIV 53 231^ 
 
 ventilation of, regulation of by XIY 59 231/f 
 
 Vital statistics, inspector of, appointment and 
 
 compensation of XII 4 136 
 
 Department of Law. 
 
 Attorney and counsel to be head of IX 1 95 
 
 See " Attorney and Counsel." 
 
 Department of Parks. 
 
 . Agreement, action for damages for breach of, 
 
 may bring XVI 2 267 
 
 Amount to be expended by, limited XVIII 1 293 
 
 Animals at large, impounding of XVI 2 267 
 
 Assemblages, obstructing police to suppress . XI 25 117 
 Assessraentt', certain annual, statement of, 
 
 money to be raised on property outside city XVI 25 283 
 1 Assessments laid on city property, annual state- 
 ment and estimate of to be made to common 
 council XVI 24 282 
 
44 INDEX. 
 
 Title. Seo. Paee. 
 
 Clerks, etc., power to appoint XVI 2 266 
 
 Commissioner of paiks, contracts, certain not 
 
 to be entered into, penalty XVI 5 268 
 
 head of department of, ap). ointment of, 
 
 duties of, salary of XVI 2 265 
 
 Concourse, control of XVI 2 266 
 
 lands of, grant of to railroad compxnies 
 
 prohibited XVI 17 277 
 
 maintenaice of, charge upon city XVI 2 266 
 
 steam and horse railways on, prohibited. . XVI 16 276 
 Coney Island Plank Road, 
 
 improvement of portion of, commissioners 
 of estimate and assessment, contractors, 
 
 paymeut of XVI 22 281 
 
 improvement of portion of, contracts for.. XVI 22 281 
 improvement of po tion of, expenses of, 
 district of assessments, to be a lien, col- 
 lection of XVI 22 281 
 
 Debt or liability, how created by XVI 6 268 
 
 Degraw street, buildings on certain portions of 
 
 regulated XVI 14 275 
 
 Devises, bequeaths etc. certain under control of XVI 12 274 
 Douglass street, buildings on ce tain portion of 
 
 regulated, busiuess, on certain prohibited XVI 14 275 
 Eastern parkway, buildings on, regulation of, 
 business certain prohibited on, court yards 
 
 on, regulation of XVI 14 276 
 
 East Side lands, provisions relating to XVI 10 270 
 
 Engineers, power to appoint XVI 2 266 
 
 Fences, erection of XVI 2 266 
 
 Fifteenth street: 
 
 improvement of, assessment to include 
 amount certified to common council as 
 
 to amount expended for XVI 19 278 
 
 Fountains, location of XVI 2 266 
 
 Franklin avenue, railroads on certain portion 
 
 of, limitations as to motive power XVI 13 274 
 
 Gardens, control of, management of XVI 12 274 
 
 Moneys, receipts and expenditure of for use 
 
 of, how provided XVI 3 268 
 
 required for park purposes to be included 
 
 in statement to board of estimate XVI 18 277 
 
 Museums, to be under control and management 
 
 of XVI 12 274 
 
 Ninth avenue, improvement of, certificate to 
 
 comniun council as to amount cercifi.d XVI 19 278 
 
 Ocean avenue. 
 
 railroads on, limitation as to motive power XVI 13 274 
 Ocean parkway: 
 
 buildings and court yards upon regulated XVI 15 275 
 power to govern and manage, vested in . . XVI 2 266 
 maintenance of to be a charge upon city . . XVI 2 266 
 railroads, horse on, not to be constructed 
 
 without permission of commissioner of 
 
 parks XVI 16 276 
 
 railroad crossings at, crossing by steam at 
 
 grade prohibited . ..• XVI 16 276 
 
 railroad crossings at, proviso as to existing XVI 16 277 
 streets intersecting, under control of XVI 2 266 
 
f 
 
 INDEX. 46 
 Title. See. Pa^e. 
 
 Ordinance: 
 
 animals at large, seizing etc. , penalty how 
 
 enforced XVI 2 i67 
 
 enforcement of, penalties for violation of XVI 7 268 
 offense against, misdemeanor, punishment 
 
 of XVI 7 268 
 
 penalties, for breach of XVI 7 268 
 
 power to make XVI 2 266 
 
 Parade ground : 
 
 assessment for, statement of to be made 
 annually to supervisors, to be raised in 
 
 county tax XVI 25 283 
 
 to have charge and management of.' XVI 2 267 
 
 Parks : 
 
 government and control of, vested in, 
 
 powers of relating to XVI 2 265 
 
 injuries to property, action for • XVI 2 267 
 
 laying out etc .. XVI 2 266 
 
 matters connected with, regulation of by 
 
 common council IV 12 28 
 
 proceedings for opening, widening, alter- 
 ing, or closing, attorney and counsel to 
 
 have charge of IX 1 95 
 
 pro, erty, actions in relation to injuries to XVI 2 267 
 Parkways, government and control of vested in XVI 2 265 
 Plaza, assessment, collection of, how applied XVI 20 278 
 
 Police force, power to appoint XVI 2 266 
 
 President street, 
 
 buildings on certain portion of, regulated, 
 business certain on, prohibited, court 
 
 yards on prohibited XVI 14: 275 
 
 Property may be granted or devised to city for 
 
 certam purposes, to be under control of • XVI 12 274 
 
 Prospect Park ; 
 
 bonds issued for, interest on, how raised 
 
 sinking fund for created XVI 9 269 
 
 payment of principal and interest on 
 
 to be a tax on certain wards XVI 9 269 
 
 records of to be kept by mayor, 
 comptroller and city clerk, to be 
 
 open to inspection XVI 23 282 
 
 buildings in, leasing of XVI 2 267 
 
 circles at angle of, limitation as to motive 
 
 power of railroads crossing XVI 13 274 
 
 government and control of vested iu XVI 2 266 
 
 lands in, improvement of prior to sale of, 
 map to be filed, monev may be appropri- 
 ated for ' ' XVI 10 272 
 
 lands, sale of certain, in. authorized, pro- 
 ceeds from how applied, sale, restriction 
 
 of from XVI 10 270 
 
 materials and improvemeat in, sale of XVI 2 267 
 
 plaza, assessments, collection of how ap- 
 plied XVI 20 278 
 
 public places defined XVI 8 268 
 
 society of friends, purchase of lands of, to 
 become a part of XVI 11 272 
 
46 INDEX. 
 
 Title. Sec. Page. 
 
 Railroid tracks, location of on certain streets XVI 2 267 
 Regulation of matters connected with, by com- 
 mon council II 12 ' 28 
 
 Report to be made annually to common council XVI 4 268 
 
 Sidewalks adjacent to parks, improvement of . . XVI 2 2f'6 
 
 Squares, government and control of vested in . XVI 2 266 
 
 Surveyors, power of to appoint XVI 2 266 
 
 Union street: 
 
 buildings on certain portions of regulated XVI 14 275 
 
 Department of Police and Excise. 
 
 Amusements, places of, regulation of by com- 
 missioner XI 63 132 
 
 Arrests : 
 
 bail in, provisions of revised statutes to 
 
 apply as to XI 20 115 
 
 persons to be taken before jjolice justice. . XXI 13 343 
 
 returns and reports of to be made XI 31 120 
 
 waters, piers, etc., jurisdiction cf courts 
 
 when made on XI 24 117 
 
 Boilers, steam : 
 
 dangerous, control of commissioner over. . XI 53 130 
 engineer of, certificate as to qualifications of XI 53 131 
 inspection of, 
 
 certificate of, 
 
 contents of XI 52 129 
 
 fee for XI 52 130 
 
 renewal of XI 52 130 
 
 commissioner to take control of when 
 
 not reported XI 54 131 
 
 docks, when boilers are attached to, 
 
 subject to XI 52 129 
 
 engineer to make XI 52 129 
 
 pressure of steam to be limited and 
 
 certified XI 52 129 
 
 private buildings, provisions as to not 
 
 to apply to XI 52 130 
 
 record of to be kept XI 23 130 
 
 schools, public, provisions as to not to 
 
 apply to XI 5 2 130 
 
 test, provisions as to XI 52 129 
 
 vessels, when boilers are attached to, 
 
 subject to XI 52 129 
 
 inspectors of XI 54 131 
 
 pressure caused to be applied higher 
 
 than limit, a misdemeanor XI 54 131 
 
 superintendent of XI 54 131 
 
 locality of to be reported to commissioner . XI 52 129 
 Buildings, public 
 
 commissioner to make regulations for 
 
 protection of life in XI 63 132 
 
 Certiorari to review removal from XI 15 113 
 
 -Commissioner of police and excise : 
 
 appointment of XI 1 107 
 
 head of department to be, salary of, term of 
 
 office of XI 1 ,107 
 
 mayor, subordinate to in times of danger.. XI 9 111 
 police pension fund, to be member of board 
 of trustees of XI 41 121 
 
INDEX. 47* 
 
 Title. Sec. Page. 
 
 'Counsel : 
 
 appointment and compensation of XI 7 110 
 
 Discipline, breach of , punishment for . i... XI 15 113 
 
 Elections : 
 
 ballot boxes, charge and custody of b\ 
 commissioner 
 
 duties of as to 
 
 canvass, duties of as to. • 
 
 filing of in ofl&ce of 
 
 legal effect of 
 
 returns of 
 
 statement of 
 
 Excise : 
 
 enforcement of provisions of laws in re- 
 spect to XI 62 132 
 
 license, fees for amount of, how fixed .... XI 61 132 
 
 form of, how determined XI 62 132 
 
 granting of, provisions as to XI 60-1-2 132 
 
 regulations as to pei-sons licensed .... XI 61 132 
 violation of laws relating to to be re- 
 ported to law department XI 62 132 
 
 manaf^ement and control of matters relat- 
 ing to XI 3 107 
 
 Expenses of , payment of XI 13 112 
 
 Fire escapes : 
 
 encumbrances on, report of by policemen. XIV 28 203 
 prosecution of persons permitting encum- 
 brances on XIY 28 203 
 
 Generators, steam, 
 
 See " Boilers, Steam, ' Supi-a. 
 
 Health commissioner, orders of to be executed 
 
 by commissioner of XII 4 136 
 
 Members of : 
 
 appointment of XI 7 110 
 
 XI 4 107 
 
 arrest on civil process, not liable to when 
 
 OB duty XI 32 120 
 
 compensation, not to receive additional ..XI 11 112 
 
 gift or present not to receive XI 11 112 
 
 jury duty, not liable to XI 32 120 
 
 military duty, not liable to XI 32 120 
 
 security given by, common council to 
 
 make provisions as to XI 36 121 
 
 special service, detail of for XI 41 123 
 
 pay f jr to constitute part of police 
 
 pension fund XI 41 123 
 
 subpoena in civil cases, not liable to while 
 
 on duty XI 32 120 
 
 term of service, how determined in certain 
 
 cases XI 48 126 
 
 who shall be XI 4 107 
 
 XI 
 
 38 
 
 121 
 
 XX 
 
 15 
 
 328 
 
 XX 
 
 17 
 
 329 
 
 XX 
 
 16 
 
 329 
 
 XX 
 
 16 
 
 329 
 
 XX 
 
 17 
 
 329 
 
 XX 
 
 16 
 
 329 
 
48 
 
 INDEX. 
 
 Title. Sec. Page. 
 
 Money : 
 
 arrested persons, taken from, provisions 
 
 as to XI 45-46 ]27 
 
 crime, taken as proceeds of , provisions as to XI 47 127 
 intoxicated or insane persot s, taken from 
 
 provisions as to XI 47 127 
 
 lost or stolen, etc., advertisement of XI 47 127 
 
 custody of by commissioner XI 49 128 
 
 evidence to be «sed as XI 49 128 
 
 police pension fund, to constitute part XI 41 122 
 
 registry of to be kept XI 44 126 
 
 record of receipt and expenditure of to be 
 
 kept by.... XI 34 120 
 
 Night medic •! service : 
 
 application for service in XII 10 138 
 
 names of to be submitted to registrar of 
 
 vital statistics XII 10 139 
 
 posting of on bulletin XII 10 139 
 
 physicians in, duties of XII 10 140 
 
 ' payment of XII 10 140 
 
 support of, board of estimate to provide 
 
 amount necessary for XII 11 142 
 
 Oath of ofl&ce, employees of to take XI 36 121 
 
 Police force : 
 
 absence from duty on, to be deemed resig- 
 nation XI 14 113 
 
 appointment of members of XI 4 107 
 
 qualifications of XI 13 113 
 
 warrant of to be issued to member. . . XI 35 120 
 arrests : 
 
 conveyance of persons arrested before 
 
 magistrate XI 28 119 
 
 penalty for neglect XI 28 119 
 
 laws and ordinances, persons viola- 
 ting to be arrested XI 25 117 
 
 neglect to make, a misdemeanor .... XI 29 119 
 
 record of to te kept XI 34 120 
 
 Sunday, persons arrested on to be 
 
 taKen before magistrate for bail XI 30 120 
 
 warrant, to arrest without in certain 
 
 cases XI 28 119 
 
 auctioneers, premises may be examined by XI 26 118 
 
 supervision of by ... XI 26 117 
 
 basins, may make arrests in XI 24 117 
 
 boiler inspectors, appointment of XI 54 131 
 
 rights and privileges of* XI 54 131 
 
 bridge keepers, appointment of XI 64 133^ 
 
 duties of XI 64 133 
 
 rights and privileges of XI 4 107 
 
 bulkheads, may make arrests on XI 24 117 
 
 captains, appointment of XI 7 110 
 
 supervision by over certain pursuits . . XI 26 117 
 
 compensation of members of XI 10 111 
 
 deductions from XI 5 108 
 
 complaints against members of, record of 
 
 to be kept XI 34 120 
 
 judgments on by commissioner, record 
 
 of to be kept XI 34 120 
 
INDEX. 4?^ 
 
 Title. Sec. Page. 
 
 coDstables, members of to possess .certain, ;: 
 
 powers of in state • X.I: • 20 115^ 
 
 criminal process, to be served by members ■. ■ 
 
 of XI 19 11 
 
 detective sergeants, number of to be ap- 
 proved bv mayor XI ,4 107 
 
 rank and promotion of XI 6 109 
 
 salary, bow fixed .,. ., ..XI _ 6 109 
 
 duties of members of .XI 25-6 117 
 
 elections, polling places, commissioEer to 
 
 detail patrolmen to XI. 37 121 
 
 structures within certam distance o£ 
 
 to be removed by XI 39 121 
 
 excise laws, violation of, to arrest persons 
 
 engaged In XI 59 151 
 
 fines imposed upon members of, to consti- 
 tute part of police pension fund XI 41 r.]^l'22 
 
 gambling bouses, persons found in mav be 
 
 arrested by XI 27 118 
 
 implements in to be seized and de- 
 stroyed XI 27 118 
 
 gifts, etc., to members of, to constitute 
 
 part of police pension fund . , XI 41 122 
 
 grades of members of XI 5 , 1^8 
 
 harbor masters, patrolmen to act as iu cer- 
 tain cases .. XI 8 110 
 
 insignia of members of, unauthorized use 
 
 of, a misdemeanor XI 29 119 
 
 inspectors, number of to be approved by 
 
 mayor XI 4 ] 07 
 
 salary of, how fixed XI 6 109 
 
 supervision by over certain pursuits.. XI 26 117 
 interference with members in discharge of 
 
 duty a misdemeanor XI 26 118- 
 
 intelligeuce oflices : 
 
 premises may be examined by XI 26 117 
 
 supervision by XI 26 117 
 
 intoxication, arrests for, duties of mem- 
 bers of in relation to XI .59 131 
 
 junk boatman, supervision by XI 26 117 
 
 junk shop dealers, premises may be ex- 
 amined by XI 26 118 
 
 supervision by XI 26 118 
 
 " list of honor " for meritorious services.. XI 66 133 
 lewd purposes, houses kept for, arrests in. XI .27 117 
 lost time, money deducted for co consti- 
 tute part of police pension fund XI 41 123 
 
 money deducted for to constitute part 
 
 of "reward fund." XI 51 12& 
 
 lottery tickets, houses where deposited or 
 
 sold, arrests in XI 27 117 
 
 to be seized and destroyed XI 27 117 
 
 merchandise, second-hand dealers in, sup- 
 ervision over XI 26 117 
 
 premises may be examined by XI 23 117 
 
 messenger to superintendent, rank and 
 
 privileges of '. XI 24 116 
 
 salary of XJ, 24 116 
 
50 
 
 INDEX. 
 
 Title. Sec. Pa«e. 
 
 money, taken into custody of member of 
 
 to be given iuto custody of commissioner XI 44 126 
 night me«lical service, members violating 
 
 provisions relating to, subject to trial .. . XII 10 141 
 
 oath of office, members of to take XI 36 121 
 
 obscene purposes, houses kept for, arrests 
 
 in XI 27 117 
 
 orders, commissioner to make for govern- 
 ment of XI 9 111 
 
 patrolmen, appointment of, probationary 
 
 period of XI 7 110 
 
 criminal courts, detail of to, XI 21 115 
 
 increase of, common council may au- 
 thorize XI 4 108 
 
 lost time of, recjrd of to be kept XI 34 120 
 
 special, appointment and removal of.. XI 17 114 
 
 XI 18 114 
 
 duties, powers and privileges of . . XI 17 114 
 
 XI 18 114 
 
 special duty, detail of to XI 17 114 
 
 pawnbrokers, supervision over by XI 26 117 
 
 perjury, false swearing in certain proceed- 
 ings to be XI 22 115 
 
 piers, may make arrests on XI 24 117 
 
 pilots, for police boat, patrolmen to be de- 
 tailed as XI 24 116 
 
 care and compensation of XI 24 116 
 
 police boat, crews to be appointed for. ... XI 24 116 
 promotion of members of, for meritorious 
 
 services how made XI 66 133 
 
 removals from, causes for XI 14 113 
 
 certiorari to review determination of 
 
 commissioner, granting of XI 15 113 
 
 mode of making XI 13 112 
 
 nomination to elective office, effects... XI 13 112 
 
 office, accepting other, effects XI 13 112 
 
 rewards, retaining without notice may 
 
 cause XI 12 112 
 
 representing being a member of falsely, a 
 
 misdemeanor XI 29 119 
 
 reprimands, causts for XI 15 113 
 
 roundsmen : 
 
 number of to be approved by mayor. . XI 4 107 
 
 salary of, how fixed XI 6 109 
 
 sergeants, mounted : 
 
 appomtmeut of by commissioner .... XI 7 110 
 
 number of to be approved by mayor. . XI 4 107 
 
 salary of, how fixed XI 6 109 
 
 shields, unauthorized use of a misdemeanor XI 29 119 
 superintendent : 
 
 control and diiection of force, to have XI 9 111 
 
 duties and powers of relating to cer- 
 tain pursuits XI 27 118 
 
 reports, to make quarterly to commis- 
 sioner XI 33 120 
 
 rules, commissioner to promulgate 
 
 through. XI 9 111 
 
 salary of, how fixed XI 6 109 
 
INDEX. 51 
 
 Title. Sec. Page. 
 
 saperiatendeut of steam boilers : 
 
 appoiDtment and qualifications of . . . . XI 54 131 
 
 duties, rights and privileges of XI 54 131 
 
 surgeons : 
 
 appointment, rights and privileges of . XI 7 110 
 
 districts of , how assigned XI 40 121 
 
 duties of, how assigned XI 40 121 
 
 vendors : 
 
 premises may be examined hy XI 26 117 
 
 supervision over by XI 26 117 
 
 Police life insurance fund to constitute part of 
 
 police pension fund XI 41 122 
 
 Police pension fund : 
 
 beneficiaries of XI 42 124 
 
 boilers, fees for inspection of to constitute 
 
 part of XI 52 130 
 
 diversion from purposes, prohibited XI 41 124 
 
 items constituting XI 41 122 
 
 Pensions : 
 
 certificate of surgeon as to disability, 
 
 contents and filing of XI 43 126 
 
 payments of, how made XI 42 125 
 
 may cease in certain cases XI 42 126 
 
 persons entitled to receive XI 42 124 
 
 treasurer of, treasurer of department to be XI 41 121 
 
 trustees of, board of, duties of members of XI 41 121 
 Police precincts: 
 
 assignment of members of force to XI 7 110 
 
 division of city into XI 7 110 
 
 Policy, lo'^tery: 
 
 premises where deposited or sold, arrests in XI 27 118 
 
 to be seized and destroyed XI 27 118 
 
 Proceedings of, record of to kept XI 34 120 
 
 Property : 
 
 arrested persons, taken from, provisions 
 
 as to XI 45 127 
 
 XI 46 127 
 
 crime, taken as proceeds of, custody, etc. . 
 
 of XI 47 127 
 
 intoxicated or insane persons taken 1 rom, 
 
 custody etc XI 47 127 
 
 police pension fund, proceeds of certain to 
 
 be paid into XI 48 128 
 
 sale of certain in custody of commissioner XI 48 128 
 Property lost or stolen : 
 
 advertisement of XI 47 127 
 
 custody of XI 44 126 
 
 evidence, to be delivered for use as XI 49 128 
 
 may examine persons in possession of XI 26 118 
 
 not to be taken from possessor without 
 
 process of law XI 26 118 
 
 registry of, books of to be kept XI 44 126 
 
 taken in custody by member of to be 
 
 be given, into custody of commissioner XI 44 126 
 
 Property of, disposition of when not required . XI 65 133 
 
 Records, books of to be kept, contents of XI 34 120 
 
 Regulations, commissioner to make for govern- 
 ment of XI 9 111 
 
52 
 
 INDEX. 
 
 Title.r Sec. Page. 
 
 Reward fund . 
 
 items constituting XI 51 128 
 
 trustees of, powers of XI 51 128 
 
 Rewaids : 
 
 commissioner may offer for detection of 
 
 crime, paymeut of XI 51 128 
 
 may retain witli permission of commissioner XI 12 112 
 Rules, commissioner to make for governmeut of XI 9 111 
 Salaries, members of, comptroller to \y,\y portion 
 
 of to police pension fund •. XI 41 123 
 
 Sergeants, salary of XI 6 109 
 
 Station bouses, parts of buildings for justices 
 
 courts may be assigned for XXI 19 344 
 
 Subpoen as : 
 
 commissiontrr may issue XI 22 115 
 
 proceedings to compel obedience to XT 23 116 
 
 Supplies for : 
 
 proposals for, to be ad /ertised for in cer- 
 tain cases XVIII 6 295 
 
 purchase of without order of common 
 
 council XVIII 5 295 
 
 Suspected persons and places, record of to be 
 
 kept XI 34 120 
 
 Telegraph : 
 
 bureau, vacancies in, how filled, XI 4 108 
 
 instruments, etc., to be furnished by , 
 
 common council XI 24 116 
 
 linemen, rights and privileges of XI 4 108 
 
 lines, erection of by commissioner XI 24 116 
 
 offices, record of to be kept XI 34 120 
 
 operators, number of to be approved by 
 
 mayor XI 4 107 
 
 lights and privileges of XI 4 107 
 
 superintendent, rights and privileges, ... XI 4 107 
 
 Term of office in XI 13 112 
 
 Theatres, regulations of to protect hfe XI 63 132 
 
 Vacancies in, how filled XI 4 107 
 
 Vessel to protect shores, to be furnished by 
 
 common council XI 24 116 
 
 Vessels, police may make arrests on certain . . XI 24 117 
 Violence on member when on duty a misde- 
 meanor XI 29 119 
 
 Waters adjoining city, police may make arrests 
 
 on XI 24 117 
 
 Wharves, may make arrests on XI 24 117 
 
 Witnesses : 
 
 depositions of, who may take XI 22 115 
 
 oaths, who may administer XI 22 115- 
 
 cubpoenas of XI 22 115 
 
 proceedings to enforce XI 23 116 
 
 Department of Public Instruction. 
 
 To be under control of board of education XVII 1 285 
 
 See ** BoABD or Education " and "Schools." 
 
INDEX. 63 
 
 ^ Title. Sec. Page. 
 Departments. 
 
 Bureaus to be organized by heads of XXII 9 346 
 
 Clerks and employees in, appointed by heads 
 
 of XXII 9 346 
 
 Clerks, etc. appointment of, removal of Ill 2 43 
 
 Clerks and subordmates, compensation of not 
 
 to exceed appropri tion for XXII 29 353 
 
 Common council to supervise affairs of II 12 27 
 
 Debts and disbursement of to be paid on 
 
 vouchers IV 1 53 
 
 Deputies and first assistant, appointment of 
 
 powers of - Ill 2 43 
 
 Enumeration of Ill 2 43 
 
 Heads of, administrative powers vested in Ill 1 43 
 
 (M,*, appointment of Ill 2 43 
 
 ^ not liable for misfeasance of subordinates III 12 50 
 
 terms of office or Ill 12 49 
 
 Information must be furnished to auditor when 
 
 required V 4 65 
 
 Official business: 
 
 where transacted, record of to be kept III 2 43 
 
 Powers, duties of, provisions defining, ap- 
 plicable to XXII 27 352 
 
 Subordinates in, appointment of, removal of. . Ill 2 44 
 
 Deposit of City Moneys. 
 
 Regulations as to VI 1 67 
 
 Deputies. 
 
 Appointment of by certain officers XXII 26 352 
 
 appointment of, power of Ill 2 43 
 
 Digging Down Lots. 
 
 Coujpt'*oller to certify money in assessment 
 
 fund applicable before contract made IV 24 61 
 
 See " Lots" and " Local Improvements." 
 
 Disbursements 
 
 Of department or officers, to be paid on vouchers IV 1 53 
 
 Disease. 
 
 Spread of, charges, how may be incurred to 
 
 prevent XVIII 5 295 
 
 Disorder. 
 
 Times when mayor may require service of 
 
 military XI 16 113 
 
 Disorderly Houses. 
 
 Prohibition of by common council II 12 29 
 
 Dispensaries. 
 
 Appropriations for certain II 20 35 
 
 Districts 
 
 Aldermanic, city divided into II 2 23 
 
 See " Wards " 
 
M INDEX. 
 
 Title. Sec. Page. 
 
 DocTunents. 
 
 City clerk to have charge of certain II 6 25 
 
 Bogs. 
 
 License for, portion of moneys received for to 
 
 constitute part of police pension fund XI 41 124 
 
 regulation and license of II 12 29 
 
 Douglass Street. 
 
 Buildings on certain portions of regulated XVI 14 275 
 
 Draining Lots. 
 
 Comptroller to certify money in assessment 
 fund applicable before contract made IV 24 61 
 
 See '* Lots " and "Local Improyements. " 
 
 Eastern Parkway. 
 
 See "Department of Parks." 
 
 East Side Lands. 
 
 See "Department of Parks.'' 
 Education, Board of. 
 
 See " Board of Education " and "Schools. 
 
 Elections. 
 
 Ballots, frauds as to, prevention of 
 
 Ballot boxes : 
 
 sealing and delivery of 
 
 visible, to be during voting and canvass . . 
 Ballot clerks : 
 
 acting as such without qualifications, a mis- 
 
 compensation of 
 
 oath of office of 
 
 failure to take and file, penalty for. . . 
 
 political faith of 
 
 property, failure to turn over to successor. 
 
 XX 
 
 23 
 
 332 
 
 XI 
 
 38 
 
 121 
 
 XX 
 
 15 
 
 328 
 
 XX 
 
 14 
 
 328 
 
 XX 
 
 25 
 
 333 
 
 XX 
 
 20 
 
 331 
 
 XX 
 
 6 
 
 321 
 
 XX 
 
 11 
 
 326 
 
 XX 
 
 13 
 
 328 
 
 XX 
 
 19 
 
 331 
 
 XX 
 
 18 
 
 330 
 
 XX 
 
 19 
 
 331 
 
 XX 
 
 6 
 
 321 
 
 XX 
 
 19 
 
 331 
 
 XX 
 
 24 
 
 333 
 
 XX 
 
 6 
 
 321 
 
 XX 
 
 is 
 
 328 
 
 XX 
 
 6 
 
 321 
 
INDEX. SB 
 
 Title. Bee. Page. 
 
 Board of elections : 
 
 assistants, appointment of by XX 2 390 
 
 ballot clerks, appointment and removal of, 
 
 by 6 321 
 
 canyassers. appointment and removal of, by XX 6 321 
 
 clerks, appointment and removal of, by ... XX 2 320 
 districts, election, 
 
 boundaries of to be published by XX 5 321 
 
 division of city into XX 3 320 
 
 expenses of, payment of XX 26 334 
 
 inspectors of, appointment atid re- 
 moval of by XX 6 321 
 
 maps of, filing and posting of XX 4 320 
 
 copies of to be furnished to elec- 
 tion officers XX 4 320 
 
 publication of by XX 4 320 
 
 members of, 
 
 appointment and qualifications of XX 1 319 
 
 oath of office of XX 1 319 
 
 public office, ineligible to XX 1 319 
 
 term of office of XX 1 319 
 
 notices and advertisements to be published 
 
 by XX 30 336 
 
 officers of election, vacancies in, to be tilled 
 
 by XX 24 333 
 
 poll clerks, appointment and removal of . . XX 6 321 
 
 polling places, 
 
 designation and publication of by .... XX 5 321 
 
 selection and cure of by .... XX 9 324 
 
 power of two members of, when exercised 
 
 by one XX 33 337 
 
 president of. selection of XX 2 320 
 
 registnirs of election, appointment and re- 
 moval of by XX 6 321 
 
 regi-try lists, printing of by. XX 9 324 
 
 rooms for XX 2 320 
 
 salaries of, rate and payment of XX 26 334 
 
 sessions of, to correct certain mistakes in 
 
 registering, etc XX 28 335 
 
 supplies for election purposes to be furu- 
 
 isbed by XX 9 324 
 
 Booths, position of as to polling places XI 39 121 
 
 Canvass : 
 
 ballot boxes to be visible during XX 25 333 
 
 ballots, possession of by canvassers during 
 
 a misdemeanor XX 25 333 
 
 fraud in, prevention of XX 23 332 
 
 result of, announcement of XX 16 329 
 
 statement of, prevention of false XX 23 332 
 
 to be sent to police XX 16 329 
 
 Canvassers : 
 
 absence from duties, wilful, a misdemeanor XX 20 331 
 
 acting as when not qualified, a mis- 
 demeanor XX 20 331 
 
 appointment of XX 6 321 
 
 ballots, distribution or possession of by, a 
 
 misdemeanor XX 25 333 
 
56 
 
 INDEX. 
 
 • '• • Title Sec, Page. 
 
 compensation of . . XX 11 326 
 
 duties of XX 11 32G 
 
 refusal to pt»rform, penalty for XX 19 331 
 
 jury duty, exemption from XX 11 32G 
 
 oath of office, of failure to take and file, 
 
 penalty for XX 19 331 
 
 taking nnd filing of XX 18 330 
 
 political faith of XX C 321 
 
 powers of XX 11 326 
 
 property, failure to turn over to successor, 
 
 a misdemeanor ; XX 19 331 
 
 qualificati )ns for appointment as XX 24 333 
 
 removal of XX 6 321 
 
 vacancies, filling of after opening of polls . XX 18 330 
 
 Canvassers, board of : 
 
 ballot box-.s to be received by XX 15 328 
 
 ballots, duties of as to XX 15 328 
 
 canvass, statemeLt of to be sent to police.. XX 16 329 
 
 organization of XX 15 328 
 
 result, announcement of by XX 16 329 
 
 returns of. deposit of, making and filing of 
 
 duties as to XX 17 329 
 
 signing of by XX 17 329 
 
 service of, lime of, chairman to certify .... XX 32 337 
 
 votes, canvass of by , XX i5 328 
 
 Canvassers, city board of : 
 
 board of aldermen to be Ill 7 47 
 
 clerk of. city clerk to be Ill 7 47 
 
 declaration of persons elected, certification 
 
 of Ill 9 47 
 
 filing of Ill 9 47 
 
 publication Ill 10 48 
 
 meeting of Ill 7 47 
 
 minutes of, clerk to keep Ill 10 48 
 
 notices of election, clerk to send Ill 10 48 
 
 proceedings of Ill 7 47 
 
 statements of Ill 8 47 
 
 Districts, election : 
 
 boundaries of, publication of XX 5 321 
 
 creation and alteiation of, restrictions as to XX 3 320 
 
 division of city into XX 3 320 
 
 maps of, inspection and posting of XX 4 320 
 
 population of ; XX 3 320 
 
 publication of XX 4 320 
 
 re districting of wards XX 3 320 
 
 Election officers : 
 
 appointment and removal o" XX 6 321 
 
 oaihs of XX 18 330 
 
 qualifications of XX 6 321 
 
 vacancies, filling of XX 6 321 
 
 XX 18 330 
 
 EKptnsgs of, payment of provided for XX 26 334 
 
 Fraud, prevention of in XX 23 332 
 
INDEX. 57 
 
 Title. Sec. Page. 
 
 Inspectors : 
 
 acting as when not qualified, a misde- 
 meanor XX 20 331 
 
 appointment of XX 6 321 
 
 ballot boxes, sealing and delivery of by . . XX 14 328 
 
 ballots, d stribution and possession of by, 
 
 a misdemeanor XX 25 333 
 
 board of : 
 
 challenges, duties of as to XX 11 326 
 
 duties of XX 11 326 
 
 houjs, to note lapse of XX 11 326 
 
 organization of XX 11 326 
 
 polls, close of, hour to be noted. ... XX 11 326 
 
 powers of XX 11 326 
 
 XX 7 322 
 
 compensation of XX 11 326 
 
 duties of, absence from XX 11 326 
 
 refusal to perform, penalty for, a mis- 
 demeanor XX 19 331 
 
 XX 20 331 
 
 maps, district, to be furnished to XX 4 320 
 
 oath of office, failure to take, penalty for.. XX 19 331 
 
 taking and tiling of XX 18 330 
 
 political faith of XX 6 321 
 
 powers of XX 11 326 
 
 property, failure to turn over to successor, 
 
 penalty XX 19 331 
 
 qualifications for XX 24 333 
 
 registrars of elections to act as XX 6 321 
 
 statement to, false, a misdemeanor XX 21 331 
 
 time of service of, certificate of XX 32 337 
 
 vacancies, tilling of after opening of polls. XX 18 330 
 
 Notices and advertisements, publication of . . . . XX 30 336 
 
 Offieers of : 
 
 detinition of for certain purposes XX 23 332 
 
 Police : 
 
 order at to be preserved by XI 25 117 
 
 patrolmen to be detailed to each poll XI 37 121 
 
 Poll clerks. 
 
 acting as without qualifications, a misde- 
 meanor XX 20 331 
 
 appointment of XX 6 321 
 
 ballots, distribution or possession of by, a 
 
 misdemeanor XX 25 333 
 
 compensation of XX 11 326 
 
 duties of XX 12 327 
 
 refusal to discharge, penalty for XX i9 331 
 
 oath of office of, failure to take and file, 
 
 penalty of XX 19 331 
 
 poll lists, entries on by XX 12 327 
 
 filing of by XX 17 329 
 
 property, failure to turn over to successor, 
 
 penalty XX 19 331 
 
 quahfications of XX 24 333 
 
 tallies of, signing and filing of XX 17 329 
 
 vacancies, filling of XX 6 321 
 
 Poll lists, filing of after election XX 17 329 
 
58 INDEX. 
 
 Title. Sec. Page. 
 
 Polling places: 
 
 desi^ation of • XX 5 321 
 
 publication of XX 5 321 
 
 restiictions as to XX 5 321 
 
 spi ituous liquors, ^fomidbing and drinking 
 
 of at, a misdemeanor XX 27 335 
 
 BegiBtrars of elections: 
 
 acting as without qualifications, a misde- 
 meanor XX 20 331 
 
 appjintment and removal of XX (i 321 
 
 ballots, distribution or possession of by, a 
 
 misdemeanor XX 25 833 
 
 compensation of XX 11 326 
 
 duties of : 
 
 absence from, a misdemeanor XX 20 331 
 
 refusal to perform, penalty for XX 19 331 
 
 inspectors of to be XX G 321 
 
 oath of ofl&ce of: 
 
 failure to take and fill, penalty for. ... XX 19 331 
 
 taking and filing XX 18 330 
 
 political faith of XX 6 321 
 
 property, failure to turn over to successor, 
 
 penalty for XX 19 331 
 
 qualifications for appointment as XX 24 333 
 
 vacancies, filling of XX 6 321 
 
 Registration : 
 
 board of, organization of XX 7 322 
 
 powers and duties of XX 11 326 
 
 time of service of members of, chair- 
 man to certify XX 32 337 
 
 challenge of electors, proceedings on XX 7 322 
 
 false, punishment for XX 22 332 
 
 lists of registry: 
 
 certification of XX 9 324 
 
 disposition of XX 9 324 
 
 making of XX 9 324 
 
 mistakes in, correction of XX 7 322 
 
 as to naturalized persons, correction 
 
 of XX 28 335 
 
 XX 29 335 
 
 personal appearance of elector necesssiry . . XX 7 322 
 
 places for, designation and publishing of XX 5 321 
 
 naturalized citizens, as to XX 7 32a 
 
 registrars of election, to make XX 7 322 
 
 registry, contents of XX 7 322 
 
 revision and correction of XX 10 325 
 
 supplemental, preparation of XX 10 325 
 
 residence : 
 
 change of to different district XX 7 322 
 
 change of to same district XX 8 324 
 
 statement, false at a misdemeanor XX 21 331 
 
 special elections, provisions so, to for XX 31 336 
 
 swearing, false at, perjury XX 7 322 
 
 times of meeting for XX 7 322 
 
 Returns of, making and filing of XX 17 329 
 
 Special, registration for XX 31 336 
 
INDEX. 59 
 Title. Sec- Page. 
 
 Spirituons liqnors. f nrnishinfi or flrinl%ing of at 
 
 polling places, a mjsdemeauor XX 27 335 
 
 Violence at, a misdenieauor XI 29 119 
 
 Voters, admission of to room where ballot box 
 
 placed .... XX 25 333 
 
 Elements. 
 
 Damages done by, cbarcjes for repairs of, how 
 
 incurred ^ XYIII 5 295 
 
 Elevators. 
 
 See BurLDiNGS." 
 
 Embezzlement 
 
 Collector of taxes and assessments, what acts of 
 
 deemed VII 5 70 
 
 Made a felony XXII -t 345 
 
 Emergency Clause xviii 2 294 
 
 XVIII 5 295 
 
 XVIII 6 295 
 
 Emigrants. 
 
 Police to protect XI 25 117 
 
 Estimate, Board of. 
 
 See ' ' BoABD of Estimate. " 
 
 Evidence. 
 
 Arrears, receipt of bill of, conclusive of pa^ - 
 
 ment * . VIII 12 87 
 
 Assessments f®r local improvements : 
 
 certificate of correctness of proceedings in, 
 
 presumptive of regularity YII C> 71 
 
 record of, to be, of validity of VIII 22 91 
 
 Common council, transcript of proceedings of 
 
 when to be II 6 25 
 
 Copies of papers filed with city clerk, when to 
 
 be II 6 25 
 
 Ordinances, certified copies of to be II 6 25 
 
 how read in XXII 6 346 
 
 Taxes : 
 
 affidavit of publication of notice in tax 
 
 sale, presump ive proof VIII 15 88 
 
 affidavit of service of notice of sale for, 
 
 prima facie VIII 5 84 
 
 affidavit of publication of notice of tax 
 
 sale, then prima facie ... VIII 2 78 
 
 omissions of notice on tax bills not unless 
 
 paid VII 11 73 
 
 Excise. 
 
 Commissioners of : 
 
 appointment of XI 2 107 
 
 commissioner of police and excise to be 
 
 head of XI 2 107 
 
 powers and duties of. • XI 60 132 
 
 salary of XI 2 107 
 
60 
 
 INDEX. 
 
 „ . Title. Sec. Page. 
 
 Excise Moneys. 
 
 lodustrial schools entitled to share of XVII 12 289 
 
 Orphan asylum schools entitled to share of XVII 12 289 
 
 Police pension fund, twenty per cent, of to be 
 
 paid into XI 41 122 
 
 Exe cutions. 
 
 Vessels, how levied on board of XXII 7 346 
 
 Exhibitions- 
 
 Regulation and license of II 12 29 
 
 Expenditures. 
 
 Of departments or officers]to be paid on vouchers IV 1 58 
 
 Expressmen. 
 
 Regulation and license of II 12 28 
 
 F. 
 
 Fees. 
 
 Amount of received by attoruey and counsel, 
 
 from parties executing deeds of cession, to be 
 
 paid into treasury IX 2 9€ 
 
 Received by attorney and counsel, to be paid 
 
 over to treasurer IX 1 95 
 
 account of rendered to comptroller IX 1 95 
 
 Felony. 
 
 City officers receiving consideration for vote or 
 
 certain other acts by, deemed a XXII 23 350 
 
 Embezzlement by collector or deputy-collector, 
 
 how punished VII 5 70 
 
 Embezzlement of money by officers, etc., 
 
 deemed as XXII 4 345 
 
 Fencing Vacant Lots. 
 
 Comptroller to certify money in assessment 
 
 fund before contract for IV 24 61 
 
 See ' ' Lots, " ' • Local Improvements. " 
 
 Fifteenth Street. 
 
 Improvement of XVI 19 278 
 
 See *' Depabtment of Pabks." 
 
 Filling Up Lots. 
 
 Comptroller to certify money in assessment 
 
 fund applicable to before contract IV 24 61 
 
 See "Lots" Local Improvements." 
 
INDEX. 61 
 
 Titie. Sec. Page. 
 
 Finance. 
 
 Departmeut of IV 1 53 
 
 comptroller to be head of IV 1 53 
 
 See " Department of Finance " and " CoMPTROLiiEK. " 
 
 Finances. 
 
 Comptroller to communicate to common coun- 
 cil plans for improving administration of ... . IV 29 63 
 
 See " CoMPTKOLIiEK. " 
 
 Finance Committee. 
 
 Chairman of, with comptroller and auditor, to 
 
 examine certain accounts, etc IV 28 63 
 
 Financial Affairs of City. 
 
 Statement or IV 1 53 
 
 See "Comptroller." 
 
 Financial Statement. 
 
 Copy of to be supplied to citizens applying for 
 
 same II 10 27 
 
 To be published annually by common council, 
 
 wtiat to contain II 10 26 
 
 Fines. 
 
 Payable to public institutions may be paid from 
 
 revenue fund IV 10 56 
 
 Received by attorney and counsel to be paid 
 
 to treasurer, account of to be rendered to 
 
 comptroller IX 1 95 
 
 Fire Commissioner. 
 
 See "Department of Fire." 
 
 Fires. 
 
 See " Department of Fire." 
 Flagging Sidewalks. 
 
 Comptroller to certify money in asses-sment 
 
 fund, application before making contract for IV 2i 61 
 See " Local Improvements," " Sidewalks." 
 
 Franklin Avenue. 
 
 Railroads on certain portions of, limitations as 
 
 to motive power XVI 13 274 
 
 Funds. 
 
 Accounts of city divided into six classes IV 7 55 
 
 Money in one fund not to be used for purposes 
 
 of another IV 7 55 
 
 Fnnd, Assessment. 
 
 Items included in IV 13 58 
 
 Fondf General 
 
 Items included in IV 8 56 
 
62 INDEX. 
 
 , ^ , . Title. Sec. Page. 
 
 Fund, Eedemption. 
 
 Items included in IV 12 57 
 
 Fund, Revenue. 
 
 Assessments, certain void, damages and ex- 
 penses to be paid from X 16 104 
 
 Balance to credit of September 1st, to be trans- 
 ferred to general fund IV 10 57 
 
 Buildings: 
 
 dangerous, charges for repairs of, when to 
 
 be paid from XVIII 2 294 
 
 destroyed to prevent spread of fire, com- 
 pensation for to be paid from XIII 13 150 
 
 examination of strength of floor of to be 
 
 paid from XIV 14 183 
 
 ruins of, recovery of bodies from, expense 
 
 of may be taken from XIV 31 217 
 
 unsafe, actions relating toexpense of to be 
 
 paid from XIV 37 226 
 
 Charges, incurred under sec. 5, tit. xviii, when 
 
 to be paid from XVIII 5 295 
 
 Income of to form part of general fund IV 8 56 
 
 Items constituting IV 10 56 
 
 Judgments against city payable from XXII 20 349 
 
 Payments, what may be paid from IV 10 56 
 
 Streets, dangerous charges for repair of to be 
 
 paid from XVIII 2 294 
 
 Taxes and assessments allowances on, to be 
 
 charged to VII 10 72 
 
 Tax sales, money for expenses for property pur- 
 chased by city at, mav be taken frcm when.. VIII 4 82 
 To be kept inviolate except for specified pur- 
 poses IV 10 56 
 
 Ward maps, new, money required for to be 
 
 taken from X 17 105 
 
 See "Funds." 
 
 Fund, Sinking. 
 
 Accounts of IV 11 57 
 
 Annual financial statement to exhibit condition 
 
 of II 10 26 
 
 Bonds, surplus of money raised on to be paid 
 
 into IV 25 62 
 
 Bonds and securities of, how endorsed and 
 
 transferred IV 16 59 
 
 Commissic ners of IV 16 59 
 
 board of estimate, to be members of II 18 33 
 
 firemen's insurance fund, to be members 
 
 of board of XIII 14 150 
 
 police pension fund, to be members of 
 
 board of trustees of XI 41 121 
 
 Comntroller, to have custody of books, securi- 
 ties etc of IV 16 59 
 
 Items included in IV 11 57 
 
 Park bonds, amount to be placed in for XVI 9 269 
 
 Prospect Park assessment, collections on to bo 
 
 paid into XVI 24 283 
 
 XVI 25 283 
 
INDEX. 63 
 
 Title. Sec. Page. 
 
 Sewers, auxiliary, bouds for, amount to meet 
 
 to be placed in XV 31 251 
 
 Water Works, net surplus income of to be paid 
 
 into IV 15 58 
 
 Tund, Special. 
 
 Items included in IV 9 56 
 
 Gambling Houses, 
 
 Arrests in XI 27 118 
 
 Implements in, seizure of XI 27 118 
 
 Inspection of by police XI 25 117 
 
 Prosecution of persons arrested in XI 27 118 
 
 "Garbage. 
 
 Removal of, contracts for. making and cancel- 
 lation of XII 7 137 
 
 supervision and control of XII 8 138 
 
 <7asoline. 
 
 Fire test of Xm 18 155 
 
 Permits for keeping of XIII 18 155 
 
 Regulations as to XHI 18 155 
 
 Storage of XIII 18 155 
 
 General Fund. 
 
 Credit to of balance in revenue fund IV 8 56 
 
 IV 10 57 
 
 Items included in IV 7 55 
 
 See "Funds." 
 
 Generators, Steam. 
 
 luspection etc of XI 52 129 
 
 Grades. 
 
 See " Streets. " 
 
 Gunpowder. 
 
 Buildings, restrictions as to keeping in, • XXII 14^ 347 
 
 Explosions of, liability for XXII 18 348 
 
 Navy Yard, provision as to storage of in XXII 15 348 
 
 Seizure of XXII 14 347 
 
 Streets, carrying of in, restrictions of as to. . . . XXII 17 348 
 
 Vehicles, restrictions as to carrying in XXII 14 347 
 
 Vessels, restrictions as to landmg when contain- 
 ing XXII 18 348 
 
 Vessels, restrictions as to carrying in XXII 14 347 
 
 Violations, penalties for XXII 16 348 
 
 Violations, when deemed misdemeanors XXII 19 349 
 
 Crutters. 
 
 Setting and resetting of II 12 30 
 
64 
 
 INDEX. 
 
 H. 
 
 _ - Title. Sec. Page- 
 
 Hackmen. 
 
 llegulation and license of II 12 28 
 
 Health, Public. 
 
 Preservation of, police to guard XI 25 117 
 
 charges for, incurring of XVIII 5 295 
 
 See " Department or Health." 
 
 Health Commissioner. 
 
 Appointment of XII 1 135 
 
 Duties and powers of XII 2 135 
 
 Salary of XII 1 135 
 
 Term of office of XII 1 135 
 
 See "'Department of Health." 
 
 Highways. 
 
 Dangerous, repair of XVIII 2 294 
 
 See " Streets." 
 
 Hospitals. 
 
 Appropriations for certain II 20 35 
 
 Infectious diseases XII 12 142 
 
 Taxation, exemption from XXII 32 355 
 
 Water rates, exemption from XXII 33 355 
 
 Hydrants- 
 
 See " Water " and " Department of Fire." 
 I. 
 
 Industrial Schools xvii 12 289 
 
 Inspectors of Boilers xi 54 131 
 
 Inspectors of Elections. 
 
 See ' ' Elections. " 
 
 Insurance Companies. 
 
 Tax on foreign, pa^ able to firemen's insurance 
 
 fund XIII 14 150 
 
 Intelligence Offices. 
 
 Regulation and license of II 12 28 
 
 Supervision of XI 26 117 
 
 Interest. 
 
 On city deposits, credit of VI 1 57 
 
 Interpreters. 
 
 Appointment and removal of II 22 3S 
 
 Duties of II 22 38 
 
 Salaries of II 22 38 
 
J. 
 
 Title. Sec. Page. 
 
 Judgments. 
 
 Execution on, restrictions as to XXII 20 349 
 
 Payment of XXII 20 349 
 
 IV 10 56 
 
 ■ Report of to CO -nmon council XXII 20 349 
 
 J,unk Dealers, ' ■ ' 
 
 Regulation and license of II ' 12 28 
 
 Supervision of by police XI 26 .117. 
 
 Justices Court. 
 
 See " Justices of the Peace " and " Police Justices." 
 
 Justices of the Peace, 
 
 Abandonment cases before XXI. 7 Sit 
 
 Assignment of by mayor Ill 15 51 
 
 ' Assistants in courts of XXI 14^ '••343 
 
 Bastardy cases before XXI • =7 i • 341 
 
 Clerk of court of, appointment of XXI 14 343 
 
 duties of XXI 6 341 
 
 Clerks in courts of , appointment and term of . , XXI 14 343 
 
 Court rooms, for leasing of XXI 8 341 
 
 Courts of : 
 
 buildings for, erection of XXI 16 344 
 
 lands for, acquirement of XXI 16 344 
 
 means for. provision of XXI 17-18 344, 
 
 trustees of XXI 19 344^ 
 
 Civil action before, where brought XXI .3. .340 
 
 * Criminal process of, service of XI 19 115 
 
 Districts, judicial T XXI 1 339 
 
 Election of, restrictions as to XXI 9 341 
 
 Fees, fines, etc. , clerk to collect, etc XXI 6 340 
 
 justice not to receive .XXI 4 340 
 
 Hours of business in courts of Ill ' 15 ' ' 51 
 
 Ordinances : 
 
 actions on, where brought XXI 6 341 
 
 violation of, 
 
 suits for, jurisdiction in . i . ; II 15 31 
 
 execution in XXII 13 847 
 
 summons in, service of XXII 13 347 
 
 summary proceedmgs for offences, descrip- 
 tion of, laws relating to trials and pun- 
 ishment in XXII 11-12 307: 
 
 Qualifications for election , ,,. .... XXI 5 340 
 
 ' '■ ■ Stenogaaphers : 
 
 appointment and term of office of XXI 14 343 
 
 duties of XXI 15 343. 
 
 minutes of , when deemed records XXI 15 343 
 
 qualifications of XXI 15 343- 
 
 Summary proceedings : 
 
 for recovery of land, adjournment of XXI 6 340' 
 
 fee s in, collection of XXI 6 340' 
 
 ; place of bringing XXI 6 340 
 
 . . Term of office of XXI 4 340 
 
 Vacancy in office of, fillmg of. .., XXI 12 343 
 
 • ' Warrants for criminal offenses, issue and re- 
 
 i - turn of XXI ,6 .341 
 
66 
 
 INDEX. 
 
 K. 
 
 Title. Sec. Pa«d. 
 
 Keeper of City Hall. 
 
 Appointment of II 28 40 
 
 Kerosene. 
 
 Fire: test of........ XIII 18 155 
 
 Permits for keeping of XIII 18 165 
 
 Kegulations as to XIII 18 155 
 
 ' Storage of XIII 18 156 
 
 King^ County. 
 
 Annual statement to board of estimate II 18 33 
 
 Officials of, members of boird of estimate II 18 33 
 
 L. 
 
 Land Under Water 
 
 Assessed for local improvements iu certain 
 
 cases.... XIX 38 313 
 
 Lanes. 
 
 See ' ' Stbeets. " 
 
 Law Department. 
 
 See " Attorney and Counsel." 
 
 Legislative Department, 
 
 See ' ' Common Council. " 
 
 LegislaUve Power. 
 
 Vested in board of aldermen II 1 23 
 
 Libraries. 
 
 Money for, appropriation of by board of educa- 
 tion XVII 11 289 
 
 Licenses. 
 
 Amusements, mayor may revoke in certain 
 
 cases XIV 29 205 
 
 Cesspools, to be under control of commissioner 
 
 of city works XV 1 233 
 
 Cisterns, to be under control of commissioner 
 
 of city works XV 1 233 
 
 Fees for. to be paid into city treasury Ill 4 46 
 
 Granted by mayor to be countersigned by city 
 
 clerk *. II 6 25 
 
 Oijcupations subject to II 12 28 
 
INDEX. 6T 
 
 Title. Sec. Pae«. 
 
 Police to inspect all places of business baving. . XI 25 117 
 
 Railroads^ street cars of, license of, license fees 
 
 in satisfaction for nse of streets II 12 29 
 
 Street vaults to be under control of commis- 
 sioner of city works : XV 1 233 
 
 Sospension of certain, by mayor Ill 11 49 
 
 Theatres, mayor may revoke in certain cases . . XIV 29 205 
 
 Lien. 
 
 Arrears of taxes etc. , prior to July 1, 1882, 
 
 amount fixed in lieu of to be prior lien VIII 3 79 
 
 Arrears, bill of, receipt of payment of fur- 
 nished by registrar of arrears frees lots of all 
 
 liens specified VIII 12 87 
 
 Assessment, defects in conveyance of not to in- 
 validate VIII 23 91-2 
 
 Local improvements: 
 
 assessments for, certain, when to become XIX 7 300 
 assessments for, to be prior to others 
 
 against laud VIII 21 91 
 
 assessments for unpaid, when registrar may 
 
 assign VIII 20 90 
 
 assessments for, to be prior XIX 36 312 
 
 Opening and widening streets, assessments for 
 
 to be lien on land XIX 31 311 
 
 Tax sales, certificates of, when constitute, 
 
 when lien terminates VIII 4 82 
 
 Loads. 
 
 On floors, distribution of XIV 14 180 
 
 .Safe on orickwork XIV 14 180 
 
 Safe on earth XIV 14 180 
 
 Loans. 
 
 Anticipating collection of taxes, common coun- 
 cil may make II 26 40 
 
 Local Improvements. 
 
 Abstracts of VII 7 71 
 
 Application for made by pet tion XIX 1 297 
 
 notice of to be published XIX 2 297 
 
 petitioners liable for expense if denied XIX 5 299 
 
 Assessments for : 
 
 apportionment and assessment of XIX 37 313 
 
 assessors' fees, two per cent, to be added for X 4 98 
 
 assessors, to make (except for sewers) X 3 98 
 
 benefit, assessors to report estimated 
 
 amount of on each lot to common council XIX 4 298 
 
 bills for taxes, notice of to be contained in VII 11 73 
 cancellation of, when common council may 
 
 order XIX 11 302 
 
 charitable institutions, on real property of, 
 
 how paid XXII 32 355 
 
 collection of amount, how appropriated . . XIX 17 303 
 
 two per cent, to be added for VII 4 70 
 
 contracts, certain to be let before XIX 7 299 
 
68 
 
 INDEX. 
 
 Title. Sec. Page. 
 
 district of, common council to lay out, map 
 
 of to be made XIX 4 298 
 
 may be enlarged in certain cases XIX 44 315 
 
 installments payable in when collector may 
 
 cancel VII 8 72 
 
 interest amount to be included in, to re- 
 imburse city for, advances X 6 99 
 
 land under water in certain wards, how as- 
 sessed XIX 38 313 
 
 lien of, 
 
 assignment of, not valid unless recorded VIII 32 94 
 
 redemption of VIII 31 94 
 
 conveyance of assessment lien . VIII 20 90 
 
 redemption of VIII 31 94 
 
 contents and recitals of VIII 23 91 
 
 foreclosure of, 
 
 action of, when deemed com- 
 menced VIII 33 94 
 
 redemption of premises from sale, 
 
 how made VIII 25 92 
 
 refund on former sale for defec- 
 tive title; city relieved from 
 
 agreement to VIII 30 93 
 
 sale under i^rovisions as to VIII 24 92 
 
 redemption from VIII 25 92 
 
 summons and action of what to 
 
 contain VIII 28 93 
 
 tax or assessment where sale not 
 
 made, not to cut off VIII 29 93 
 
 tax sales, right to return of sums 
 paid on prior to, suspension of 
 
 during proceedings VIII 30 93 
 
 time or beginning of «Jction VIII 31 94 
 
 priority to others, except taxes and 
 
 water rates XIX 36 312 
 
 prior to all others on land and premi - 
 
 ses VIII 21 91 
 
 lot, where portion of on ward map taken, 
 
 residue liable to be assessed X 3 98 
 
 moneys collected on certain, how applied XIX 10 301 
 names of persons interested in lands as- 
 
 sessel not necessary to state VIII 21 91 
 
 notice of heariug by assessors, objection to 
 
 report XIX 39 314 
 
 payments of, allowance made on VII 10 72 
 
 proceedings for laying, certification of . . . . VII 6 71 
 
 rebate on, wben allow ed VII 10 72 
 
 when not allowed XIX 9 301 
 
 re-assessment, power of common council 
 
 as to IX 15 104 
 
 reduced, when assessors may lay,, XIX 44 316 
 
 reduced, when by court . . XIX 43 314 
 
 proceedings in relation to XIX 18 304 
 
 report of assessors, common counil may 
 
 add to for certain purposes XIX 41 314 
 
 common council may correct XIX 41 314 
 
INDEX. 69 
 Title. Sec. Pag«. 
 
 proceedings of common council in re- 
 lation thereto XIX 40 314 
 
 proceedings when sent back XIX 42 314 
 
 revision of by assessors, excess to be re- 
 funded XIX '9 300 
 
 street numbers and ward and block num- 
 bers lo be designated X 4 98 
 
 unpaid amount of, collector to be credited 
 
 with , VII 13 74 
 
 collector to deliver account of to comp- 
 troller VII 12 74 
 
 collector to make return of to registrar 
 
 of arrears VII 14 75 
 
 where land not sold registrar may as- 
 sign lien VIII 20 90 
 
 vacated, when may be re-aassessed XIX 43 315 
 
 to be so marked on certificate of judge XIX 43 315 
 
 vacation or release of by court XIX 35 312 
 
 valid and legal, presumed to be VIII 22 91 
 
 value of premises to be assessed to be as- 
 certained XIX 4 298 
 
 void for want of jurisdiction, damage to be 
 
 paid out of revenue fund X 16 104 
 
 re-assessment of amount paid to be 
 
 credited X 16 104 
 
 report of to common council X 15 104 
 
 ward maps, to refer to X 3 98 
 
 warrant for collection not to be issued un- 
 til proceedings certified VII 6 71 
 
 warrant for collection, publication of no- 
 tice of VII 2 69 
 
 warrant for collection of. requirements of. . VII 9 72 
 
 when to be delivered to collector VII 6 71 
 
 Assessment fund, board of estimate to provide II 18 34 
 
 Assessment lists or rolls, assessors to make out X 3 98 
 
 Assessment rolls : 
 
 certificate of commissioner of city works 
 
 and corporation counsel endorsed on VII 6 71 
 
 copies of to be delivered to comptroller . . . VII 6 71 
 Bills of amounts of assessments for, collector to 
 
 send to persons liable for VII 2 69 
 
 Claims for, not to be paid unless certified by 
 
 auditor V 1 65 
 
 Common council, determination of as to certain 
 
 facts, final XIX 6 299 
 
 Contracts (except sewers) not to be entered 
 into unless estimated cost submitted to com- 
 mon council IV 23 61 
 
 -Contracts for certain, copies to be filed with 
 
 comptroller XIX 13 302 
 
 not to be made until proceedings certified XVIII 1 294 
 not to exceed amount which may be bor- 
 rowed for purpose IV 23 61 
 
 payment under, how made XIX 16 303 
 
 surveyor to sign estimates of work under XIX 16 303 
 
 to state total amount thereof IV 23 61 
 
 when may be authorized XIX 8 300 
 
70 INDEX. 
 
 Title. Sec. Page. 
 
 EnumeratioD of XIX 1 297 
 
 Expenses and dnmages on account of rejection 
 
 of assessments to be paid from revenue fund IV 10 57 
 
 Improvement, common council to order XIX 6 299 
 
 Installments, collector may receive total amount 
 
 of assessment payable in VII 8 71 
 
 Lots, digging down, assessments for, when to 
 
 be laid and become a lien XIX 14 302 
 
 XIX 15 303 
 
 certificate of completion of work of, to be 
 
 filed XIX 14 302 
 
 fencing vacant, certificate of completion of 
 
 work to be filed, assessmeLt for XIX 14 302 
 
 XIX 15 303 
 
 filling sunken XIX 14 302 
 
 assessment for XIX 15 303 
 
 See "Lots" and "Local Impeovements. " 
 Petition for, when may be ordered without. . . . XIX 1 297 
 
 Proceedings in : 
 
 certification of XVIII 1 294 
 
 presumptive evidence of regularity of VII 6 71 
 
 continuation of for certain XIX 11 302 
 
 remonstranc' s against, when sufficient to 
 
 prevent improvement XIX 2 297 
 
 Sidewalks, fliiggirg and refl egging : 
 
 assessments for, proceedings as to. . . XIX 15 303 
 
 assessments for, when to be laid and be- 
 come a lien XIX 14 302 
 
 certification of completion of work to be 
 filed XIX 14 302 
 
 improvement of II 12 30 
 
 Streets : 
 
 city lot defined XIX 3 298 
 
 grading and paving, assessment for not to 
 
 exceed value of lot XIX 3 298 
 
 opening and widening, 
 
 assessujent and report of assessors, 
 
 what to include XIX 31 309 
 
 assessment for, duties of assessors in 
 
 relation to XIX 31 309 
 
 assessors, owners, error in name 
 
 of, effect of XIX 31 309 
 
 lien upon land XIX 31 309 
 
 void, duties of assessors in 
 
 relation to XIX 31 309 
 
 where amount exceeds estimated 
 
 benefit XIX 26 307 
 
 where land interposed between 
 
 highway and land XIX 27 307 
 
 assessors may report lands not bene- 
 fitted to amount of assessment XIX 31 309 
 
 awards for damages, 
 
 interest on, comptroller to pay . . XIX 32 311 
 right of owner to XIX 31 310 
 
INDEX. 
 
 71 
 
 Title. Sec. Page. 
 
 commissioners of estimate, 
 
 compensation of XIX 33 312 
 
 powers and duties of . XIX 22 305 
 
 report of, alteration in, may be 
 
 ordered by court XIX 29 309 
 
 report of, appeal from, costs may 
 
 be awarded against appellant . . XIX 30 309 
 report of, appeal from, Bow heai-d XIX 29 ■ 308 
 cause against ronfirming . , . . XIX 25 307 
 confirmation of, notice of 
 application for to be pub- 
 lished XIX 28 307 
 
 items of expense of improve- 
 ment, to be included in . . . XIX 33 312 
 to be delivered to board of 
 
 assessors XIX 31 309 
 
 to be filed XIX 28 307 
 
 to be open to inspection .... XIX 28 307 
 to include fees for searchers. . XIX 31 311 
 
 report of what to contain XIX 23 305 
 
 to estimate expense of XIX 20 304 
 
 to review report XIX 28 307 
 
 guardian ad litem, appointment of, 
 
 compensation XIX 34 312 
 
 lot taken, residue of, when may vest 
 
 in city ! XIX 24 306 
 
 map of improvement to be made, what 
 
 shall show, where filed XIX 21 305 
 
 part of lot taken, assecsment on for 
 
 benefit not to exceed value of residue XIX 25 307 
 proceedings for to be discontinued on 
 
 report of assessors XIX 31 311 
 
 searchers' fees to be included in com- 
 missioners' report XIX 12 302 
 
 searches to be made by attorney and 
 
 counsel, -fees for XIX 31 311 
 
 survey or^' fees, to be included in com- 
 missioners' report XIX 12 302 
 
 streeis, to be under control of common 
 
 council for certain purpose XIX 19 304 
 
 streets, avenues, parks, etc., attorney 
 and counsel to have charge of pro- 
 ceedings relaling to IX 1 95 
 
 sunken lots, filling up, cosi of im- 
 provement, how assessed XIX 46 317 
 
 filling up, common council io take 
 
 proceedings for upon petition. . XIX 45 316 
 term defined, what are IV 23 61 
 
 Lots. 
 
 Digging down, common coirncil to direct, ex- 
 pense of, how assessei. II 12 29 
 
 to be under control of commissioner of city 
 
 works XV 1 233 
 
'72 INDEX. 
 
 ,1 Title. Sec. Page. 
 
 Fenciug vacant : 
 
 common council to direct, expense of II 12 29 
 
 provisions as to XIX 14-5 302 
 
 to be under control of commissioner of 
 
 city works XV 1 253 
 
 Filling up, common council to direct, expense 
 
 of II 12 29 
 
 to be under control of commissioner of city 
 
 works XV 1 233 
 
 Sunken, filling in, proceedings as to XIX 14 302 
 
 Vacant, water, assessment on for, to be a lien 
 
 on.... XV 6 237 
 
 Walls on, common council to direct building of, 
 
 expense of II 12 29 
 
 See " Local Improvements." 
 
 Lottery Offices. 
 
 Police to inspeC XT 25 117 
 
 Lottery Tickets. 
 
 Houses where deposited, wben arrests may be 
 made in, who may be arrested in, seizare and 
 destruction of XI 27 118 
 
 II 23 39 
 II 12 29 
 
 Marriages. 
 
 Eegulation of by health commissioner XII 2 135 
 
 Mayor. 
 
 Acting, who shall be, in absence of mayor III 13 50 
 
 Administrative power of corporation vested iu.. Ill 1 43 
 Aldermen, board of, special meeting to be 
 
 called by II 11 27 
 
 Annual communication of to common council. Ill 11 48* 
 
 Appointments by Ill 12 49 
 
 Arrests, powers as to Ill 11 48 
 
 Assent of, necessary to repair buildings bought 
 
 at tax sale : VIII 4 82 
 
 to assignment of tax sale certificates VIII 4 82 
 
 Assessors, appointment of by X 1 97 
 
 III 12 49 
 
 Bonds, signing of by, restriction as to Ill 11 49 
 
 sale of by, restrictions as to IV 3 54 
 
 to be d sposed of by . IV 4 54 
 
 . Canvassers,, board of, to preside at meeting of . Ill 7 47 
 
 City officers, susj^ension of by, proceedings on. Ill 12 50 
 suspension of by when city moneys not 
 
 deposited in the treasury IV 27 63 
 
 Markets. 
 
 Establislnnent of, power of common council 
 Regulation and license of : . . . 
 
INDEX. 73 
 
 Title. Sec Page. 
 
 Claims against city, settlemeDt of to be approved 
 
 by XXII 30 354 
 
 Criminal cases, power as to Ill 11 48 
 
 Duties of Ill 11 48-9 
 
 Education, board of, members of, appointed by III 12 49 
 
 Election of 11 3 44 
 
 EligibiUty to office of Ill 11 48 
 
 Fire department, promotions in for bravery, to 
 
 be approved by XIII 18 162 
 
 Health commissioner, appointment of by XII 1 135 
 
 Health, peril to, to approve measure to prevent XII 5 136 
 
 Heads of departments, appointment of by III 12 49 
 
 Justices of the peace, assignment of by Ill 15 51 
 
 to possess powers of Ill 11 48 
 
 vacancy in office of to be filled by XXI 12 343 
 
 Licenses, may suspend certain Ill 11 49 
 
 theatre, revocation of by in certain cases. . XIV 29 205 
 
 Military, power of to call out in certain cases. . XI 16 113 
 
 Obligation, sale of by, restrictions as to IV 3 54 
 
 signing of by Ill 11 48 
 
 Ordinances : 
 
 approval of by II 9 26 
 
 execution of by Ill 11 48-49 
 
 signing of by II 6 25 
 
 veto of by II 9 26 
 
 violation of, prosecution for by Ill 11 48 
 
 Park bonds, estimate of amount to be raised 
 
 for, by XVI 9 269 
 
 Police force, direction of by in times of danger XI 9 111 
 promotion in for bravery to be approved 
 
 by XI 66 133 
 
 Police justices : 
 
 appointment of XXI U 342 
 
 assignment of to districts, by Ill 15 51 
 
 vacancy in office of, filling of XXI 12 343 
 
 Powers of Ill 11 48-9 
 
 Prospect park bonds, record of to be kept by XVI 23 282 
 Registrar of arrears, suspension of by, when 
 
 money not paid into city treasury VIII 13 88 
 
 Sewers, construction of, prohibition of by XV 39 257 
 
 Sinking fund, commissioner of, to be IV 16 59 
 
 commissioner of, meetings of to preside at IV 17 59 
 Streets, dangerous, repairs of to be made with 
 
 ap];roval of XVIII 2 294 
 
 Supervisors, to be member of board of Ill 11 48 
 
 Supplies, purchase of, approval of by XVIII 5 295 
 
 Tax certificates, to be signed by VIII 18 90 
 
 Term of office of Ill 3 44 
 
 Vacancy in office of, how filled Ill 13 50 
 
 Veto, power of, proceedings on II 9 26 
 
 Vouchers, to be examined and certified by III 11 49 
 
 Warrant", for payment of money to be signed 
 
 by Ill 11 :i49 
 
 for collector of taxes to be signed by VII 9 72 
 
 of arrest, power to issue Ill 11 48 
 
 Water income, deficiency in to be estimated by XV 7 238 
 
 Water sinking fund, to be commissioner of XV 5 237 
 
74 INDEX. 
 
 ^ Title. Sec. Pag«. 
 
 Menageries. 
 
 Regulation and license of II 12 2* 
 
 Merchandise. 
 
 Dealers in second-hand, police supervision of.. XI 26 117 
 
 Misdemeanors. 
 
 Comptroller, false endorsement of contract 
 
 by a XVIII 3 294 
 
 Collector, retaining city money by a VII 5 71 
 
 Criminal process, i service of by unauthorized 
 
 person, a XI 19 115 
 
 Debt, unauthorized incurring of by city 
 
 officers, a XXII 5 345 
 
 Elections, officers of : 
 
 ballots, destruction or possession of by, a, . XX 25 333 
 duties, neglecting by, qualifications, acting 
 
 without, a XX 20 331 
 
 police, using or inciting violence against 
 
 at, a XI 29 11* 
 
 willful neglect by to make arrests, a. . XI 29 119 
 spiritous liquors, furnishing or drinking at 
 
 polling places, a XX 27 335 
 
 statements, falpe, to election officers, a. . . XX 21 331 
 
 violence at, usmg or inciting, a XI 29 11* 
 
 Fire escapes, incumbrances on, maintaining a.. XIV 28 203 
 Fires : 
 
 apparatus, willful obstruction of a XIII 7 147 
 
 unauthorized interference with. a. .. . XIII 8 148 
 
 firemen, unauthorized, actiug, as a XIII 8 148 
 
 property of dep; rtment of, unauthorized 
 
 interferrence with, XIII 8 148 
 
 right of way at, r< f usal of , a XIII 7 148 
 
 Gunpowder, violation of provisions relating 
 
 to, a XXII 19 349 
 
 Obligations, signing of in contravention of 
 
 Title IV, a IV 23 61 
 
 Park commissioner, to be interested in con- 
 tracts a XVI 5 268 
 
 Park ordinances, offence in violation of a XVI 7 268 
 
 Plumbing, violation of provisions relating to a. XII 9 138 
 Police : 
 
 false representation of membership of a . . XI 29 119 
 
 shield, etc., unauthorized wearing of a XI 29 119 
 
 willful interference with in discharge of 
 
 duty a XI 26 118 
 
 Public buildings, theatres, violation of police 
 
 regulations as to a . . XI 63 132 
 
 Water supply, polution or diversion of, a XV 20 245 
 
 Water works, injury of property of, a XV 20 245 
 
 Misfeasance. 
 
 Mayor to prosecute city officers for in certain 
 
 cases IV 27 63 
 
 of city officers, city not liable for XXII 28 353 
 
INDEX. 75 
 
 Title. Sec. Page. 
 
 Money. 
 
 Borrowing of, restrictions as to IV 25 62 
 
 City clerk to pay over to treasurer II 6 25 
 
 to keep account of orders for pay- 
 ment of VI 1 68 
 
 Comptroller, city officers to account to for VI 1 67 
 
 city clerk to make return of to II 6 25 
 
 Deposit of, institutions of, selection of VI 1 67 
 
 neglect of by city officers, comptroller to 
 
 notify n?ayor of IV 27 63 
 
 restriction as to XXII 10 346 
 
 Drawing of from treasury, regulation of VI 1 67 
 
 Lost : See '* Department of Police and 
 Excise. " 
 
 Overdraft of, when allowed VI 2 68 
 
 Keceipts for, filing of with comptroller VI 3 68 
 
 form and requisite for in certain cases ... VI 3 68 
 
 Kedemption, how drawn from treasury IV 12 57 
 
 Registrar of arrears, payment of by, to treas- 
 
 iTrer VIII 13 87 
 
 Sinking fund, investment of IV 18 5^ 
 
 Stolen : See ' ' Department of Police and 
 Excise. " 
 
 Use of, for purposes other than appropriation . IV 7 55 
 
 Vouchers, to be drawn from the treasury upon V 2 65 
 
 N. 
 
 Naptha. 
 
 Permit for keeping of XIII 18 155 
 
 Stojage of XIII 18 155 
 
 Newspapers, Corporation. 
 
 Designation of II 17 32 
 
 Expenditures for , II 17 32 
 
 New York. 
 
 Fires in, assistance at XIII 10 149 
 
 Fire department of, assistance of XIII 10 149 
 
 Grants to, not impaired I 1 5 
 
 See * * Department or Fire. ' ' 
 
 Night Medical Service. 
 
 Provision relating to XII 10 138 
 
 Support of, provision for XII 11 142 
 
 See "Department of Police and Excise." 
 
 Night Soil. 
 
 Removal of, contracts for, making and cancella- 
 tion of XII 7 137 
 
 Supervision and control of XII 8 138 
 
76 INDEX. 
 
 , Titie. Sec. Page. 
 
 Ninth Avenue. 
 
 Improvement of XVt 19 278 
 
 See " Depabtment or Pabks." 
 
 Nonfeasance. 
 
 City officers, city not liable for XXII 28 358 
 
 Prosecution for by mayor in certain cases . . '. . IV 27 63 
 
 Remedy for XXII 28 353 
 
 Registrar of arrears, relating to payments of 
 arrears collected VIII 13 87 
 
 Nuisances. 
 
 Abatement of II 12 28 
 
 common council not deprived of power of. XIX 10 301 
 department of health not deprived of 
 
 power of XIX 10 301 
 
 Streets, removal of in XI 25 117 
 
 Nurseries, 
 
 Appropriations for certain II 20 35 
 
 Oaths. 
 
 City officers to take Ill 4 45 
 
 False swearing where act requires, perjury . . . XXII 1 34:5 
 
 Obligations, City. 
 
 
 IV 
 
 4 
 
 54 
 
 
 II 
 
 9 
 
 26 
 
 Delivery of, prohibited before money received 
 
 
 
 
 for 
 
 IV 
 
 4 
 
 54 
 
 
 IV 
 
 4 
 
 54 
 
 
 IV 
 
 4 
 
 54 
 
 
 IV 
 
 18 
 
 60 
 
 
 IV 
 
 25 
 
 62 
 
 IV 
 
 25 
 
 62 
 
 faith and property of city pledged to 
 
 IV 
 
 14 
 
 58 
 
 
 IV 
 
 25 
 
 62 
 
 Sale of, mayor and comptroller to make re- 
 
 
 
 
 
 IV 
 
 3 
 
 54 
 
 
 IV 
 
 4 
 
 54 
 
 Ocean Avenue. 
 
 Railroads on, restriction as to motive power. . . XVI 13 274 
 
 Ocean Parkway. 
 
 Buildings on, restrictions as to XVI 15 275 
 
 Circles on, streets intei-sectiug, control of .... XVI 2 266 
 
 Control of , park department vested with XVI 2 266 
 
 Maintenance of, a city charge XVI 2 266 
 
 Railroad crossing at, requirements and proceed- 
 ings as to , XVI 16 275 
 
 Railways, horse, restrictions as to XVI 16 276 
 
INDEX. 77 
 
 \ 
 
 _ , Title. Sec. Page. 
 
 OfFal. 
 
 Contracts for removal of : 
 
 making aud cancellation of XII 7 137 
 
 supervision and control of XII 8 138 
 
 Ordinances. 
 
 Actions on, where brought XXI 6 341 
 
 Amendment of II 13 30 
 
 Book of, a public record II 6 25 
 
 Certified copies of, to be received m evidence. .II 6 25 
 
 Continued in force II 27 40 
 
 Debt or obligation, creating, requirement of . . II 9 26 
 
 Deposit for permits may be required in II 14 31 
 
 Enforcement of, by police XI 25 117 
 
 police commissioner to cause XI 50 128 
 
 Evidence, when to be XXII P 346 
 
 certified copies of to be received in II 6 25 
 
 proof of publication of, effects of as XXII 6 346 
 
 Excise, enforcement of XI 62 1 32 
 
 Execution of, mayor to cause Ill 11 48 
 
 Health, requirement of XIII 3 135 
 
 Mayor, approval of, by II 9 26 
 
 Park ordinances XVI 2 266 
 
 Publication of, evidence of what is II 16 31 
 
 Repeal of II 13 30 
 
 Signing of II 6 25 
 
 Violations of : 
 
 arrest for in certain cases XI 28 119 
 
 penalties for, money collected in payment 
 
 of IX 3 96 
 
 payment of money into treasury XXTI 8 346 
 
 police to prevent XI 25 117 
 
 remission of, penalties for prohibited.... II 19 35 
 
 suits for, attorney and counsel to bring IX 3 96 
 
 execution of judgment in XXII 13 347 
 
 jurisdiction of justices II 15 31 
 
 proceedings in II 15 31 
 
 summons in, service of XXII 13 347 
 
 summary proceedings for XXII 11-12 347 
 
 III 11 48 
 
 Veto of, proceedings as to II 9 26 
 
 Water rates, relating to XV 3 235 
 
 Orphan Asylum Schools. 
 
 Appropriations for XVII 12 289 
 
 Papers. 
 
 Copies of those duly filed in office of city clerk 
 certified by him under corporate seal, to be 
 evidence in all courts and places II 6 25 
 
 Parade Ground. 
 
 Assessment for, annual statement to be made 
 
 to supervisors f XVI 25 283 
 
 Department of Parks to have charge of XVI 2 265 
 
 See ' * Depaetment of Pabks, " 
 
78 
 
 INDEX. 
 
 Title. Sec. Pace. 
 
 Parkways. 
 
 Departmeut of parks to have control of XVI 2 265 
 
 See "Depabtment of Pabks." 
 
 Pawnbrokers. 
 
 Police supervision of XI 26 117 
 
 Regulation and license of II 12 28 
 
 Payments of Money. 
 
 How made VI 1 67 
 
 Peddlers. 
 
 Criers and hawkers, regulation and license of .. II 12 28 
 
 Penalties. 
 
 Received by attorney and counsel to be paid 
 
 to treasurer IX 1 95 
 
 To be paid into city treasury XXII 8 346 
 
 Personal Property of City. 
 
 Annual tiuuncial statement to contain detailed 
 
 statement of II 10 2G 
 
 Perjury. 
 
 False swearing under provisions of act deemed. XXII 1 345 
 
 Permits. 
 
 Deposit may be required on issue of II 14 31 
 
 Petroleum. 
 
 Explosion of, death resulting from, person sell- 
 ing same guilty of a felony XIII 18 155 
 
 Refined, lire test of XIII 18 155 
 
 Storage and sale of, regulation as to XIII 18 155 
 
 Piers. 
 
 Police to have power to make arrests on, courts 
 to have jurisdiction of arrests made on XI 24 117 
 
 Plumbers. 
 
 See " Depabtment of Health." 
 See "Water." 
 
 Plumbing. 
 
 See " Depaetment of Health," 
 
 Police Justices. 
 
 Abandonment cases before XXI 7 341 
 
 Appointment of, acceptance of, what deemed, 
 bond of, to file, approval by comptroller, cer- 
 tificate of to be filed, oath of office to take . . XXI 11 342-43 
 
 Assigument of to district by mayor Ill 15 51 
 
 Bastardy cases before XXI 7 341 
 
 Clerks, appointment of, term of 
 
 assistants, appointment and term of XXI 14 343 
 
 ^Clerks to collect fines, fees, etc. , and report to 
 comptroller XXI 6 341 
 
IN»EX. 7^ 
 
 Title. Sec. Page. 
 
 Fees, fines, etc., to be collected by clerk of . . . XXI 6 341 
 
 receiving of by, prohibited XXI 4 340 
 
 Honrs for transaction of business XXI 5 351 
 
 Interpreters, appointment of, duties of, salary 
 
 of, removal of II 22 38 
 
 Jurisdiction of 
 
 summons in, service of, execution in, 
 
 limited as to XXII 13 347 
 
 Location of XXI 10 342 
 
 OflBce, when to take, vacancy in, how filled XXI 12 343 
 
 Ordinances, action on, where brought XXI 6 341 
 
 suits for violation of, jurisdiction in II 15 31 
 
 • Police courts : 
 
 building for, erection of, lands for. 
 
 how acquired XXI 16 344 
 
 means for how provided, to be reim- 
 bursed by tax XXI 17 344 
 
 trustees of, powers of XXI 19 344 
 
 court rooms for, common council to lease. XXI 8 341 
 
 Powers of XXI 10 342 
 
 Property and money, lost or stolen, in, custody 
 of, to be given into custody of commissioner 
 
 of police and excise XI 44 12fi 
 
 Stenographers, duties of, qualifications for XIX 14 343-44 
 
 Summary proceedings for recovery of land, 
 
 iidjournment of by clerk XXI 6 340 
 
 for violation of ordinances, brought 
 
 befoie XXII 11 347 
 
 XXII 12 347 
 
 Term of office of, salary of XXI 10 342 
 
 Policy Shop. 
 
 Premises kept for, when arrests may be made 
 
 in, policies to be seized and destroyed XI 27 118 
 
 Premiums. 
 
 See "Bonds and Obligations." 
 
 President Street. 
 
 Buildings on certain portions of regukted XVI 14 275 
 
 Process. 
 
 Civil and criminal, how served on board vessels XXII 7 346 
 
 Property. 
 
 Lost or stolen. 
 
 See "Police and Excise." 
 
 Property of City. 
 
 Pledged to payment of moneys borrowed or 
 raised by city IV 14 58 
 
 Rents of not under custody of other depart- 
 ments to be under charge of comptroller .... IV 26 62 
 
80 
 
 INDEX. 
 
 Title. Sec. Page. 
 
 Prospect Park. 
 
 Assessments collected for park benefit to be 
 
 paid to sinking fund XVI 24 283 
 
 Assessment for, cemetery of Society of Friends 
 
 not subject to XVI U 272 
 
 when statement and estimate on city prop- 
 erty of, to bo made to common council.. XVI 24 282 
 Bonds issued for, interest on how paid, pay- 
 ments of interest and principal to be a tax 
 
 upDn certain wards XVI 9 269 
 
 for, sinking fund for redemption of, how 
 
 created XVI 9 269 
 
 records of to be kept by mayor, comptroller 
 
 and city clerk, to be open to inspection.. XVI 23 282 
 Buildings m, leasing, sale of, proceeds of how 
 
 credited and used XVI 2 267 
 
 Circles at angle of, railroad crossings, limita- 
 tion as to motive power XVI 13 274 
 
 Lands of, deed for how executed, delivery of. . XVI 10 270 
 improvement of prior to sale of may of to 
 
 be filed, moneys may be appropriated . . XVI 10 270 
 materials and improvemcEts in, sale of, 
 
 proceeds of, how credited and used .... XVI 2 267 
 proceeds from sale of how applied, sale of 
 
 certain authorized XVI 10 270 
 
 sale of, reservation of from XVI 10 270 
 
 Ocean parkway, circles at terminus to be con- 
 sidered part of XVI 2 266 
 
 Plaza of street in, improvement of, district of 
 
 assessment for XVI 20 278 
 
 Public places, department of parks to have 
 
 control of XVI 2 265 
 
 Society of Friends, purchase of land from XVI 11 272 
 
 See " Depaetment of Parks." 
 
 Prostitution. 
 
 Houses for, when arrests may be made in, who 
 
 may be arrested in, persons arrested in to be 
 
 prosecuted XT 27 118 
 
 Houses of , police to observe and inspect XI 25 117 
 
 prohibition and punishment of II 12 29 
 
 Public Act. 
 
 Act declared to be. . XXII 35 356 
 
 Public Instruction. 
 
 Department of, control of, vested in board of 
 
 education XVII 1 285 
 
 See "BoAED of Education." 
 
 Public Places. 
 
 Defined XVI 8 268 
 
 Kegulntion of matters connected with by com- 
 mon council II 12 28 
 
 Pumps. 
 
 Construction and repair of to be under charge 
 
 of commissioner of city works XVI 1 233- 
 
INDEX. 81 
 
 Q. 
 
 Title. Sec. Page. 
 
 Cluonim. 
 
 Majority of aldermen elected to cons itute II 7 25 
 
 R. 
 
 Railroads. 
 
 Cars, street, regulation of, license of II 12 29 
 
 Consent of common council necessary to con- 
 struction of, granting of to be sold after no- 
 tice, petition of property owners necessary. . . XXII 24 351 
 
 Parks, streets adjoining, location on XVI 2 267 
 
 Real Estate. 
 
 City, annual financial statement to contain de- 
 tailed account of II 10 27 
 
 Receipts. 
 
 For monej' paid to treasurer, form and requi- 
 sites of VI 3 68 
 
 Records. 
 
 Public, when affidavits of publication of notice 
 
 of tax sales become VIII 2 78 
 
 Redemption Fund IV 7 55 
 
 Items coutaiued in IV 12 57 
 
 See " Funds." 
 
 Redemption Moneys. 
 
 How drawn from treasury IV 12 57 
 
 VI 1 68 
 
 Reflagging" Sidewalks. 
 
 Comptroller to certify money in assessment fund 
 
 applicable before making contract IV 24 61 
 
 Registrar of Arrears. 
 
 Accounts of, to be examined annually 
 
 Accounts of, finance committee of common 
 
 council may order examination of 
 
 Action to foreclose lien of assessment for local 
 
 improvements, notice of commencement of. 
 
 to be filed in office of 
 
 Appointment of by mayor, salary of, term of 
 
 office of 
 
 Arrears, not to cancel or remit upon certificate 
 
 of collector after settlement 
 
 Assessment lien, conveyance of, assignment of 
 
 by 
 
 to note on annual assessment roll 
 
 IV 
 
 28 
 
 63 
 
 IV 
 
 28 
 
 63 
 
 VIII 
 
 33 
 
 94 
 
 VIII 
 
 1 
 
 77 
 
 VII 
 
 14 
 
 75 
 
 VIII 
 
 32 
 
 94 
 
 VII 
 
 11 
 
 73 
 
82 
 
 INDEX. 
 
 Title. Sec. Page. 
 
 Books, to keep iu form piescribeil or approved 
 
 by comptroller VIII 13 87 
 
 Comptroller, certain amouuts to be charged 
 
 and credited to by IV 20 60 
 
 Department of arrears, to be bead of VIII 1 77 
 
 Land, redemption of from sales for arrears of 
 taxes, assessments and water rates, to furnish 
 
 bill of amount necej-sary for VIII 12 87 
 
 Lien of assessment for local improvements, in 
 certain cases may assign, must give ; refer- 
 ence to certain persons VIII 20 90 
 
 Local improvements, notice of commencement 
 of action to foreclose lien of assessment, lo 
 
 be filed in office of VIII 33 94 
 
 Moneys and checks collected by, to be paid to 
 
 treasurer on day of collection VIII 13 87 
 
 detailed returns of to be made to comp- 
 troller by VIII 13 87 
 
 Office of, office of record, laws apjilicable to . . XXII 3 345 
 
 Official searches, provisions as to VIII 17 89 
 
 Payment of unpaid taxes and water rates, to be 
 
 notfd in ledger of arrears by VIII 11 87 
 
 to treasurer as required by law, neglect 
 
 to make by VIII 13 88 
 
 Redemption money : 
 
 to be paid on checks prepared and signed 
 
 by . . . IV 12 57 
 
 to sign checks for on treasurer VIII 16 89 
 
 VI 1 68 
 
 to take receipt for chocks given in pay- 
 ment of VIII 10 89 
 
 Taxes certified by collector, to add to or cancel VII 14 75 
 personal, uncollected, to furnisu comp- 
 
 t) oiler each year statement of items of. . VIII 19 90 
 sales for, where deed not delivered within 
 ten years fiom sale, to be cancelled of 
 
 record by VIII 4 82 
 
 Taxes and assessments, unpaid: 
 
 to notify collector of omission to make re- 
 turn VIII 9 86 
 
 to publish notice of list of VIII 2 78 
 
 Taxes, assessments and water rates : 
 
 arrears of, to furnish bill of on requisition. VIII 12 87 
 returns of, to post in ledger of arrears VIII 11 87 
 sales for, record of to be kei)t in office of, 
 
 what to contain VIII 14 88 
 
 to be conducted by registrar or as- 
 sistant, without fee VIII 15 88 
 
 to enter on record amount paid by 
 purchaser for subsequent taxes and 
 
 assessments VIII 5 83 
 
 to register in office of, affidavits of 
 
 publication of VlII 15 88 
 
 Tax rolls : 
 
 to enter on, lots in arrears for taxes, assess- 
 ments and water rates and sales for un- 
 paid taxes, etc VIII 10 86 
 
INDEX. 
 
 83 
 
 Title. Sec. Page. 
 
 Tax sales : 
 
 cancelled certificates of sale and leases to 
 
 be filed and preserved in office of VIII 16 89 
 
 to deposit mone; s paid upon, with treasurer VIII 6 85 
 to procure and preserve affidavits of publi- 
 cation of notices relating to VIII 15 88 
 
 Water rates : 
 
 arrears of, may collect in same manner as 
 
 arrears of laxes VII 11 87 
 
 bill of arrears of to be furnished by, upon 
 
 requisition VIII 12 87 
 
 payment of, to be posted in ledger of ar- 
 rears by VIII 11 87 
 
 unpaid, omission to make return of, regis- 
 trar of water rates to be notified by . . . VII 9 86 
 
 See " Taxes, Assessments and Water Kates " and " Taxes. " 
 
 Registrar of Water Rates. 
 
 Accounts of to be examined annually, finance 
 committee of common council may order ex- 
 amination of 
 
 See " Watee." 
 
 Rents of property under custody of no other per- 
 son, to be collected by comptroller 
 
 Resolutions of Common Council. 
 
 All, to be presented duly certified to mayor. . . 
 
 Creating debt or obligation against city, must 
 specify amount or object of expenditure. . . , 
 
 Proceedings relating to 
 
 Special meetings ordered by, do not require ap- 
 proval of ^mayor 
 
 Revenue Fund 
 
 Items comprising 
 
 See " Funds." 
 
 Riots, ete. 
 
 Commissioner of police and excise to obey or- 
 ders of mayor in times of 
 
 Military, mayor to have power to require sei-vice 
 of to suppress 
 
 Police to suppress 
 
 Special patrolmen may be appointed in time of 
 
 To prevent or suppress, how charges may be 
 incurred 
 
 Roads. 
 
 Construction and repair of, to be under control 
 
 of commissioner of city works XV 1 233 
 
 See " Streets." 
 
 Salaries. 
 
 Appropriation for, not to be exceeded XXII 29 353 
 
 Common council to fix certain II 22 38 
 
 Manner of drawing, comptroller to prescribe . IV 1 53 
 
 Monthly, to be paid IV 1 53 
 
 IV 
 
 28 
 
 63 
 
 IV 
 
 25 
 
 62 
 
 II 
 
 9 
 
 26 
 
 II 
 
 9 
 
 26 
 
 II 
 
 9 
 
 26 
 
 II 
 
 11 
 
 27 
 
 IV 
 
 7 
 
 55 
 
 IV 
 
 10 
 
 55 
 
 XI 
 
 9 
 
 111 
 
 XI 
 
 16 
 
 113 
 
 XI 
 
 25 
 
 117 
 
 XI 
 
 18 
 
 lU 
 
 XVIII 5 295 
 
Title. Sec. Page. 
 
 Sales. 
 
 . See "Taxes, Assessments and Water Rates. 
 
 Schools. 
 
 Board of education to have control of XVII 5 287 
 
 Building of XVII 8 288 
 
 Colored children, for XVII 7 287 
 
 Districts, subdivisions of city into XVII fi 287 
 
 Evening schools XVII , 7 287 
 
 General fund for XVII 10 288 
 
 Industrial schools : 
 
 excise moneys, entitled to share of XVII 12 289 
 
 school moneys, participation in XVII 12 289 
 
 supervision of XVII 12 289 
 
 Location of XVII 8 288 
 
 Orphan asylum schools : 
 
 excise moneys, entitled to share of XVII 12 289 
 
 school moneys, participation in XVII 12 289 
 
 supervision of XVII 12 289 
 
 Rules and regulations in regard to, prescrip- 
 tion of XVII f) 287 
 
 Sectarian, no school moneys to be paid to XVII 12 289 
 
 Sites for buildiugs for, proceedings to acquire. . XVII 14 290 
 
 Special fund for XVII 10 288 
 
 See " Board of Education." 
 
 Sealers of Weights and Measures. 
 
 Appointment and salary of XXII 31 355 
 
 Fees, receiving by prohibited XXII 31 355 
 
 Oath of office, filiug of XXII 31 355 
 
 Search. 
 
 Warrant for, may be executed by police in 
 
 state. . Xr 20 115 
 
 Sewers. 
 
 Assessments for : 
 
 certification of to common coni.cil XV 41 258 
 
 description of lands in XV 41 258 
 
 enforcement of, laws applicable to XV 30 250 
 
 lieu, to be a XV 30 257 
 
 mistakes in. correction of XV 40 257 
 
 re-assessment in certain cases XV 40 257 
 
 streets, grading of, expense of, to form part 
 
 of XV 4r. 260 
 
 ward maps, to be used XV 41 258^ 
 
 warrant for collection of, authority to issue, XV 41 258 
 
 issue of XV 30 250 
 
 Attorney and counsel to search titles relating to IX 1 95 
 
 Auxiliary : 
 
 bonds for payment of cost of. issue of 
 
 authorized XV 31 251 
 
 proceeds of, disposition of XV 31 251 
 
 contracts for, letting of XV 28 248; 
 
 cost of, estimate of XV 25 246 
 
 expenses of, when placed in tax levy XV 31 251 
 
 plans for : 
 
 amendment of XV 27 248^ 
 
 approval of by common council XV 27 248 
 
 tax levy, when expenses put in XV 31 251 
 
INDEX. 85 
 
 Title. Sec. Page. 
 
 Bonds for construction of, issue of authorized. XV 30 250 
 
 Completion and extension of plans for XV 25 246 
 
 Construction of : 
 
 control of, under common council XV 1 233 
 
 cost of sewers what included in XV 33 256 
 
 expense of, how borne XV 29 249 
 
 Costs of, current, estimate and raising of XV 37 256 
 
 East river, restrictions as to building into XV 25 246 
 
 Injuries to, laws applicable to XV 43 259 
 
 Lands for, proceedings to acquire : 
 commissioners of appraisal : 
 
 appointment of XV 33 252 
 
 compensation of XV 33 256 
 
 duties of XV 33 253 
 
 report of : 
 
 appeal from XV 33 254 
 
 awards of, payment of XV 33 255 
 
 confirmation of XV 33 254 
 
 costs and expenses of to be assessed XV 38 256 
 
 discontinuance of XV 33 254 
 
 entry upon, when authorized XV 33 255 
 
 guardian ad litem, appointment of XV 33 . 254 
 
 law department to conduct XV 41 258 
 
 water, lands under, how acquired XV 34 256 
 
 Maintenance of : 
 
 amount to be expended for, limitation of. . XVIII 1 293 
 contracts for, excepted from control of 
 
 common council ; XVIII 1 293 
 
 cost of, how raised XV 37 256 
 
 Overflow : 
 
 discharge of XV 35 256 
 
 canal, receiving, to be cleaned XV 36 256 
 
 plans for XV 25 247 
 
 Plans of : 
 
 completion and extension of XV 25 246 
 
 proceedings relating to XV 26 248 
 
 proceedings relating to change of XV 49 263 
 
 Private sewers : 
 
 apportionment of cost of XV 45 259 
 
 connections with, permits for XV 45 259 
 
 dedication to city, private property until. . XV 45 259 
 
 Pumps, expense of to be levied on district XV 30 250 
 
 Sewer districts : 
 
 additional to be laid out XV 39 257 
 
 construction in, prohibition of by mayor... XV 39 257 
 
 notice of, publication of XV 39 257 
 
 Streets : 
 
 grade of, may be raised XV 46 260 
 
 expense of, assessment of. XV 46 260 
 
 proceedings to acquire rights in XV 32 252 
 
 Superintendent of : 
 
 appointment and duties of XV 25 247 
 
 head of bureau XV 2 235 
 
 Temporary : 
 
 authorization of XV 44 259 
 
 cost of. assessment and collection of XV 44 259 
 
 Use of, regulations for, commissioner to pre- 
 scribe XV 42 258 
 
86 
 
 INDEX. 
 
 Title Sec. Page. 
 
 Shooting Galleries. 
 
 Kegulation and license of II 12 2^ 
 
 Shows, Common. 
 
 Regulation and license of II 12 29 
 
 Sidewalks. 
 
 Dangerous, repair of XVIII 2 294 
 
 Imiirovement of II 12 30 
 
 expense of, how charged II 12 30 
 
 Parks, adjacent to, improvement of XVI 2 266 
 
 Reflaggiug of IV 24 61 
 
 See " Streets." 
 Sinking Fund. 
 
 See " Funds." 
 
 Slaughter Houses. 
 
 Regulation and liceuse'of II 12 29 
 
 Snow. 
 
 Removal of XVIII 5 295 
 
 Special Fund. 
 
 Items composing IV 9 56 
 
 See " Funds." 
 
 Squares. 
 
 Control of vested in departmentjof parks XVI 2 265 
 
 See " Department of Parks." 
 
 State. 
 
 Taxes raised for, issue of certificates to meet 
 
 deficiencies in IV 30 63 
 
 Steam Boilers. 
 
 See " Department of Police and Excise." 
 Stenographers. 
 
 Justices courts, appointment of, for XXI 15 343 
 
 Stocks. 
 
 See *' Bonds " and " Obligations." 
 
 Stolen Property. 
 
 See Departmenx of Police and Excise." 
 
 Street Railroads. 
 
 Rugulation and license^of II 12 2& 
 
 Streets. 
 
 Assemblages obstructing, police to disperse. . . XI 25 117 
 
 Beggars in, police to arrest XI 25 117 
 
 Care of to be under control of commissioner of 
 
 city works XV 1 233 
 
 Cession of. acceptance of, restrictions as to ... IX 2 96 
 Cleaning of : 
 
 amount required for, to be included in an- 
 nual estimate . XV 50 26a 
 
INDEX. 87 
 
 Title. See. Puye. 
 
 contracts for : 
 
 approval of by corporation counsel . . XV 47 262 
 control of under commisssioner of city 
 
 works XV 1 233 
 
 estimate for, not to exceed XV 47 261 
 
 proposals for, bow advertised XV 47 261 
 
 specifications to be filed XV 47 261 
 
 sureties on, approval of XV 47 261 
 
 termination of may be declared XV 47 261 
 
 wbeu contract not in force XV 47 262 
 
 Common council, control of by for certain pur- 
 poses XIX 19 304 
 
 Crosswalks, laying of II 12 30 
 
 Culverts and drains, construction of XIX 1 297 
 
 Dangerous, repair of XVIII 2 294 
 
 Encroachments on, commis^ioaer of city works 
 
 to keep clear of XV 1 233 
 
 Fires, right of way in, in case of XIII 7 147 
 
 Highwater mark, extension of certain below 
 
 prohibited XXII 34 356 
 
 Improvement of, to be under control of com- 
 missioner of city work'^ XV 1 233 
 
 Incumbrances on, commissioner of city works 
 
 to keep clear of XV 1 233 
 
 Jurisdiction : 
 
 common council to have over XXII 22 350 
 
 sewer purposes, commissioner of city works 
 
 to have for XV 25 246 
 
 Names, change of by common council II 21 38 
 
 Nuisances on. police to remove XI 25 117 
 
 Ocean parkway, streets intersecting circles of 
 
 under control of department of parks XVI 2 266 
 
 Obstructions on, commissioner of city works to 
 
 keep clear of XV 1 233 
 
 Opening, widening and closing of . 
 
 attorney and counsel to have charge of, 
 
 proceedings for IX 1 95 
 
 proceedings for XI 20-33 304 
 
 See " Local Improvements." 
 
 Public, definition of XXII 22 350 
 
 Railroads in, restrictions as to XXII 24 351 
 
 location as to certain XVI 2 267 
 
 Regulation by common council of matters con- 
 nected with II 12 28 
 
 Repairs of : 
 
 amount for to be included in annual esti- 
 mate XV 50 263 
 
 city charge, to be XV 48 263 
 
 expenses of not to exceed appropriation . . XV 48 2d3 
 
 Repaving of : 
 
 amount for to be included in annual esti- 
 mate XV 50 263 
 
 belgian or gra»nte blocks, conditions of in 
 
 railroad street XV 50 264 
 
88 
 
 INDEX. 
 
 Title. Sec. Page. 
 
 Sidewalks : 
 
 curbs, settinR of II 12 30 
 
 G[utter, setting of II 12 30 
 
 improvement of II 12 30 
 
 repair of II 12 30 
 
 Snow, charge for removal of, bow incurred . . XVIII 5 295 
 
 Superintendent of XV 2 235 
 
 Travellers in, police to assist and protect XI 25 117 
 
 Vehicles in, regulation of by police XI 25 117 
 
 Water works, extension of, entry upon for XV 12 240 
 
 See "Local Improvemekts. " 
 
 Summary Proceedings. 
 
 Land, for recovery of XXI 6 340 
 
 Ordinances, for violation of XXII 11 347 
 
 Superintendent of Buildings. 
 
 Appointment of XIV 1 105 
 
 See ' ' Buildings. " 
 
 Superintendent of Sewers. 
 
 Chief of bureau in department of city works. . XV 2 235 
 
 Superintendent of Streets. 
 
 Chief of bureau in department of city works . . XV 2 235 
 
 Superintendent of Supplies- 
 
 Chief of bureau in department of city works. . XV . 2 235 
 
 Supervisors. 
 
 Assessment rolls, delivery of by VII 6 7 1 
 
 Election of Ill 16 51 
 
 Resignation of Ill 18 52 
 
 Tflxe? : 
 
 action on rolls by X 9 101 
 
 acts of relating to certain, ratified X 9 101 
 
 Vacancies in ofifice of Ill 18 52 
 
 Supervisor-at-Large. 
 
 Board of estimate, a member of II 18 33 
 
 Supplies. 
 
 Purchase of without order of common council XVIII 5 295 
 
 Surplus- 
 
 Of money borrowed to be paid into sinking 
 
 fund IV 25 62 
 
 Unexpended, transfer of XVIII 3 294 
 
 IV 10 57 
 
 Surveyors- 
 Appointment of by common council II 12 28 
 
 Swimming. 
 
 Common council to regulate II 12 28 
 
INDEX. 89 
 
 T. 
 
 Title. Sec Page. 
 
 Taxation. 
 
 Bonds, stocks and obligations of city exempt 
 
 from except for state purposes IV 4 54 
 
 Valuation of taxable property for purposes of... X 7-9 99-101 
 See ' ' Assessment. ' ' 
 
 Tax Certificates. 
 
 Amounts collected under chapter 114, laws of 
 
 1883, to be applied to payment of VIII 3 80 
 
 How signed, interest on, time to run, issued 
 
 for what purpose VIII 18 89-90 
 
 To be issued to pay expenses of purchase of 
 
 city at, tax sales VIII 18 89 
 
 Taxes. 
 
 Accounts of, collector to balance on his book. . VII 14 75 
 Annual rolls : 
 
 assessments transmitted to registrar of 
 
 arrears, collector to enter on VII 11 73 
 
 collector to enter on assessment due VII 11 73 
 
 Apportionment of X 11 102 
 
 Arrears of. collector to notify comptroller of 
 
 aggregate amount of VII 14 75 
 
 Bills for : 
 
 contents of VII 11 73 
 
 notices to be printed on all VII 11 73 
 
 notices on, omission of, effect of VII 11 73 
 
 Collection of : 
 
 account of to be rendered to comptroller. . VII 1 6fi 
 anticipation of, certificates issued in, inter- 
 est on II 20 40 
 
 IV 4 54 
 
 beginning of, time for VII (3 71 
 
 collector of taxes and assessments to con- 
 duct VII 1 09 
 
 expense of, two per cent, to be added for VII 4 70 
 payment not to be received by col- 
 lector after return made to registrar 
 
 of arrears VII 14 75 
 
 County, provisions as to payment of IV 30 03 
 
 Demand for, on real estate, not necessary .... VII 2 69 
 
 Distress, none necessary on real estate VII 2 69 
 
 Duplicate payment of, refund of X 13 103 
 
 Interest on, when to be added VII 10 72 
 
 Loans in anticipation of, common council may 
 
 make II 26 40 
 
 Mistake, payment by, no claim agninst city ... X 12 103 
 Money to be raised on parts of citv liable for 
 
 same * IV 14 58 
 
 Notice of, collector to publish. VII 2 68 
 
 Omissions or overcharg-'s ceitified by collector 
 
 to registrar of arrears VII 14 75 
 
90 INDEX. 
 Personal : 
 
 arrears of, statement of to be furnisbed to 
 
 comptroller by collector 
 
 statement of to be furnisbed to com- 
 ptroller by registrar of arrears .... 
 
 examination of persons liable to 
 
 notice of to be mailed to persons assessed . 
 Kevenue fund, balance on September 1st to be 
 
 deducted from amount to be raised by 
 
 See "Assessments of Taxable PROPERTr,'" 
 Taxes, Assessments and Water R 
 
 Taxes, Assessments and Water Rates. 
 
 Arrears of : 
 
 amounts certified under chapter 114, laws 
 
 of 1883, provisions as to 
 
 bills of, registrar of arrears to furnish .... 
 
 effect of 
 
 money collected on, to be paid to treasurer 
 
 on day of collection. 
 
 returns of money received for, registrar to 
 
 make to comptroller 
 
 returns of, to be made to comptroller .... 
 searches, official, to be made by registrar 
 
 of arrears 
 
 See " Registrar of Arrears.' 
 
 sales for : 
 
 advertising of 
 
 apportionment of amount sold for. . . . 
 auctioneer's fees, not to be charged 
 
 thereon ... 
 
 cancellation of when notices omitted 
 
 from tax bills 
 
 certificate of : 
 
 assignment of. - 
 
 cancelled, filing of 
 
 contents of. 
 
 comptroller to have charge of, 
 
 duties of as to 
 
 expenses relating to, how provided 
 
 for 
 
 deeds, delivery of 
 
 persons under disability, where 
 lauds belong to, execution of . . 
 presumptive evidence of title . . . 
 
 lands to be sold 
 
 liens, registrar may assign in certain 
 
 cases 
 
 lien of certificate 
 
 list of property to be sold 
 
 property omitted from, may be 
 
 included in subsequent 
 
 provisions as to 
 
 Title. 
 
 Sec. 
 
 Pagd 
 
 VII 
 
 12 
 
 74 
 
 YIII 
 
 19 
 
 90 
 
 A. 
 
 7 
 
 
 X 
 
 7 
 
 99 
 
 i \ 
 
 
 rr T 
 O < 
 
 * ' Ass 
 
 ATES.'" 
 
 ESSORS 
 
 
 A^in 
 
 3 
 
 79 
 
 VIII 
 
 12 
 
 87 
 
 VIII 
 
 12 
 
 87 
 
 VIII 
 
 13 
 
 87 
 
 VIII 
 
 13 
 
 87 
 
 VIII 
 
 13 
 
 87 
 
 VIII 
 
 17 
 
 89 
 
 \ ill 
 
 1 
 
 77 
 
 ■V- 
 
 X 
 
 14 
 
 lUo 
 
 VIII 
 
 15 
 
 88 
 
 VII 
 
 11 
 
 74 
 
 VIII 
 
 8 
 
 80 
 
 VIII 
 
 16 
 
 8'> 
 
 VIII 
 
 4 
 
 80 
 
 VIII 
 
 4 
 
 80 
 
 VIII 
 
 15 
 
 88 
 
 VIII 
 
 4 
 
 80 
 
 V ill 
 
 4 
 
 
 VIII 
 
 4 
 
 82 
 
 VIII 
 
 lo 
 
 on 
 89 
 
 VIII 
 
 4 
 
 82 
 
 VIII 
 
 7 
 
 86 
 
 VIII 
 
 4 
 
 81 
 
 VIII 
 
 3 
 
 78 
 
 VIII 
 
 20 
 
 90 
 
 VIII 
 
 4 
 
 82 
 
 VIII 
 
 2 
 
 78 
 
 VIII 
 
 2 
 
 77 
 
 VIII 
 
 2 
 
 77 
 
INDEX. 
 
 91 
 
 Title. Sec. Page. 
 
 money paid on, recovery of, provi- 
 sions as to VIII 4 80 
 
 refund of VIII 4 80 
 
 treasurer, to be deposited with . . VIII 6 85 
 notice of, by purchaser, affidavit of 
 
 service of, contents of VIII 5 83 
 
 effect of VIII 5 83 
 
 filing of VIII 5 83 
 
 publication, service of by VIII 5 83 
 
 notice of, by registrar of arrears, legal 
 
 effect of VIII 2 77 
 
 provisions as to VIII 2 77 
 
 notice of, records of to b© kept by 
 
 registrar of arrears VIII 15 88 
 
 legal effect of VIII 15 88 
 
 omissions of registrar of arrears to 
 make list of property to be sold not 
 to prevent list and sale afterwards, VIII 2 78 
 omission of notices on tax bills, effect 
 
 of on VII 11 73 
 
 property omitted from list may be in- 
 cluded in subsequent list. VIII 2 77 
 
 records of : 
 
 cancellation of when deed not de- 
 livered within ten years VIII 4 82 
 
 subsequent taxes paid to be 
 
 entered on VIII 5 83 
 
 to be kept in office of registrar of 
 
 arrears VIII 14 88 
 
 redemption from : 
 
 amounts necessary for, registrar 
 
 of arrears to f uriaish bill of . . . VIII 12 87 
 
 provisions as to VIII 5 83 
 
 surplus moneys may be credited 
 
 on VIII 6 85 
 
 redemption moneys, application for. . VIII 16 88 
 payment of. provisions as to .... VIII 16 88 
 
 YIII 6 85 
 
 refund of money paid on, when made VIII 4 80 
 
 registrar of arrears, to conduct VIII 3 78 
 
 VIII 15 88 
 
 surplus on, application of, toward re- 
 demption VIII 6 86 
 
 taxes, subsequent, amount paid for, 
 
 to be entered on record VIII 5 83 
 
 tax rolls, to to entered on VIII 10 86 
 
 title, fee simple, purchaser to take. ... VIII 4 81 
 irregularity in procedure not to 
 
 defeat VIII 4 81 
 
 See "Assessments," "Local Improvements," 
 and ' ' Watee Rates. " 
 
 Tax Levy. 
 
 Amount of deficiency in personal tax and tax 
 on land imperfectly described to be inserted 
 in VIII 19 90 
 
Title. Sec. Page. 
 
 Taxpayers. 
 
 Cestui que trust in respect to property, funds, 
 
 etc., rights as to XXII 21 350 
 
 Telegraph. 
 
 Commissioner of police and excise to erect and 
 
 maintain lines of XI 24 116 
 
 Tenement Houses. 
 
 See " Buildings," 
 
 Theatres. 
 
 Commissioner of police to make regulations for 
 
 protection of life XI 63 132 
 
 Owner, lessee or manager of violating police 
 
 regulations guilty of misdemeanor XI 63 132 
 
 See " Buildings." 
 
 Treasury Department. 
 
 Treasurer, head of VI 1 67 
 
 See ** City Tbeasukee." 
 
 u. 
 
 Unexpended Balance of appropriations, common 
 
 council may apply XVIII 3 294 
 
 Union Street, buildings on certain portion of 
 
 regulated XVI 14 275 
 
 See " Department of Parks." 
 
 V. 
 
 Vacancies. 
 
 Appointments to fill Ill 12 50 
 
 Common council, how filled II 3 24 
 
 Vagrants. 
 
 Restraining and punishment of II 12 29 
 
 Vaults. 
 
 Control and licensing of XV 1 233 
 
 Vehicles. 
 
 Control of by fire commissioner XIII 18 163 
 
INDEX. 
 
 93 
 
 Title. Sec. Page. 
 
 Venders. 
 
 Police supervision of XI 26 117 
 
 Vessels. 
 
 Arrest on, power to XI 24 117 
 
 Attachment, levy of on board of XXII 7 346 
 
 Civil and criminal process, service of on board 
 
 of XXII 7 346 
 
 Control of by fire commissioner XIII 18 163 
 
 Execution, levy of on board of XXII 7 346 
 
 Jurisdiction of courts as to XI 24 117 
 
 Veterans. 
 
 Protection of in office XXII 29 353 
 
 Vetoes. 
 
 Procedure in relation to II 9 26 
 
 Vouchers. 
 
 Expenditures to be made upon IV 1 53 
 
 Examination and approval of V 2 65 
 
 w. 
 
 Wards. 
 
 Boundaries I 2-5 21-29 
 
 Boundaries, cbauge'of by common council .... II 29 41 
 
 Ward Maps. 
 
 Assessors to provide in certain cases X 17 105 
 
 Common council to cause to be made X 4 98 
 
 Custody of, board of assessors to have X 3 98 
 
 Warrants. 
 
 Assessments, for collection of, clerk to attest . VII 9 72 
 
 Assessments for local improvements, for collec- 
 tion of, when to be issued, when to be deliv- 
 ered to collector VII 6 71 
 
 Balance, unless in proper account to meet, 
 
 must not be paid VI 2 68 
 
 Comptroller to sign Ill 11 49 
 
 Mayor to sign Ill 11 49 
 
 Money, for payment of, by whom signed VI 1 67 
 
 Money, for payment of, purpose of, appropria- 
 tion upon which drawn, to be specified VI 1 67 
 
 Money, for payment of, restrictions as to VI 1 67 
 
 Statement must be furnished to treasurer be- 
 fore appropriation drawn against by IV 27 63 
 
 Taxes and assessments, for collection of, con- 
 tents of VII 9 72 
 
1 
 
 94 INDEX. 
 
 Title. Sec. Page. 
 
 Taxes and assessments, for collection of, mayor 
 
 and comptroller to sign VII 9 72 
 
 Taxes and assessments, for collection of, re- 
 newed when VII 9 72 
 
 Taxes, for collection of, when delivered to col- 
 lector for collection VII 6 71 
 
 See •* Taxes." 
 
 Water. 
 
 Actions and proceediuj^siii relation to, commis- 
 sioner of city works to cause to be prose- 
 cuted and defended XV 21 245 
 
 Actions and proceedings in relation to, under 
 charge of law department XV 21 245 
 
 Bonds, money to redeem and money to pay in- 
 terest on, to be raised by taxation XV 7 238 
 
 Commissioner of city works to have charge of 
 
 matters relating to XV 1 233 
 
 Distribution of in counties outside city XV 3 236 
 
 Hydrriuts, regulations in regard to use of, pen- 
 alties for violation of. common council to 
 prescribe • XV 17 244 
 
 Water purveyor XV 2 234 
 
 Water Rates. 
 
 Arrears of, a'Jtgregate amount of. comptroller to 
 
 be notified of XV 9 23y 
 
 Arrears of, amount fixed by assessors in lieu of 
 
 that existing prior to July 1st, 1H82, to be a 
 
 prior lieu when VIII 3 79 
 
 Arrears of, certain charges on to be paid from 
 
 revenue fund IV 10 56 
 
 Arrears of, determination of pursuant to C. 114, 
 
 L. 1883, couc-^rning those prior to July 1st, 
 
 1882, final and coQclusive VIII 3 79 
 
 Arrears of, how collected XV 3 236 
 
 Arrears of, to be transmitted to registrar of 
 
 arrears XV 9 239 
 
 Assessments for X 4 98 
 
 Books, annual, to be made up and notice of 
 
 time for inspection given . XV 9 239 
 
 Cancellation of, not permitted after settlement XV 9 239 
 Charitable institutions, exemption of from. . . . XXII 33 355 
 
 Collection of, to whom to be paid XV 4 236 
 
 Interest to be added if paid after expiration of 
 
 one month VII 10 72 
 
 Persons aggrieved by, application, how made . . XV 9 239 
 llebates on, account of revenue fund to exhibit IV 10 57 
 Kegistrar of, to make return of unpaid, when. . XV 9 239 
 Rent, extra may be charged, when payable . . . XV 3 236 
 Rents, regular, annual rates to be called, a lien 
 
 on premises, how collected XV 3 236 
 
 Unpaid, registrar of arrears to note payment of VIII 11 87 
 Unpaid, when registrar of omits to make 
 
 return of VIII 9 86 
 
 Tax rolls, arrears of to be entered on VIII 10 86 
 
 Vacant lots, assessment on, how fixed, collec- 
 tion of XV 6 287 
 
 See Taxes, Assessments and Water Rates." 
 
INDEX. 95 
 
 Title. Sec. Page. 
 
 Water Reffistrar xv 2 235 
 
 Water Rents. 
 
 Jndgtneut of, commissiouer of city works to fix 
 
 time of XV 16 244 
 
 See " Watfe." 
 
 Water Sinking Fund. 
 
 Commissioners of XV 5 237 
 
 How constitiUed: XV 6-7 237 
 
 Investment of money of XV 8 239 
 
 Money for redemption of bonds, raised by tax XV 7 239 
 
 Money to pay interest on, raised by tax XV 7 238 
 
 Water Supply. 
 
 Diversion of, penalty for, a misdemeanor, pun- 
 ishment of XV 20 245 
 
 Permits for. rules to be printed on XV 16 244 
 
 Pollution of, penalty for XV 20 245 
 
 Sotirce of, cemeteries not to be established near XV 19 245 
 Use of. 
 
 penalties for violation of rules in rela- 
 tion to XV 16 244 
 
 plumbers, license of to make connections.. XV 18 244 
 
 rules and regulations concerninf», com- 
 missioner of city works to lix XV 16 244 
 
 Water Works. 
 
 Amount expended for limited XVIII 1 293 
 
 Appropriation for, how applied XV 22 246 
 
 Bonds tor extension and maiuten.vnce of author- 
 ized XV 11 240 
 
 B(mds of city, interest on, when income of net 
 
 surplus may be applied to pay IV 15 58 
 
 Condition of, report of to be made annually to 
 
 common council XV 22 246 
 
 Contracts for, excepted from control of com- 
 mon council XVIII 1 293 
 
 Extension, attorney and counsel to make 
 
 searches and. abstract of title to land IX 1 95 
 
 Extension, land for, map of to be made XV 13 241 
 
 Extension of, land for purchase of XV 11 240 
 
 Extension of, streets, highways, etc., may be 
 
 entered upon for purpose of XV 12 240 
 
 Extension, management, construction of, ex- 
 penses how met XV 11 240 
 
 Inspection of by committee of common council XV 23 246 
 
 Lands for, condemnation ®f , awards how paid . XV 14 243 
 
 Lands, etc., for, city to take and hold for .... XV 14 241 
 
 Lands, etc., tor, condenmation of, entry upon. XV 14 241 
 
 Lands for, payment for XV 15 243 
 
 Lands of in Queens Co. , how taxed XV 24 246 
 
 Management of, commissioner of citv works, 
 
 charged with XV 10 239 
 
96 
 
 INDEX. 
 
 Title. Sec. Page- 
 
 Pipes, machinerj', etc., purchase of XV 11 240 
 
 Plans and estimates concerning, to be annually 
 
 reported to common council XV 22 246 
 
 Property of, destruction or injury of, penalty 
 
 for, a misdemeanor, punishment of XV 20 245 
 
 Receipts and expenditures of, statement of to 
 
 be made XV 22 246 
 
 Surplus net, income from, to be paid to com- 
 missioners of sinking fund at end of each 
 year. IV 15 58 
 
 Water for, condemnation of , proceedings for . . XV 14 241 
 
 Water right, additional, how extinguished .... XV 11 240 
 
 Weights and Measures. 
 
 Kegulation of by common council Ill 12 28 
 
 Sealers of, appointment duties and salaries 
 
 of, qualification of, vacancies, how filled . . . XXII 31 355 
 
 Wells. 
 
 Constructing and repairing of, to be under 
 charge of commissioner of city works XV 1 233 
 
 Widows' and Orphans' Fund Volunteer Fire Department. 
 
 Board of estimate to provide for II 29 40 
 
 Wharves, etc. 
 
 Police patrolmen to perform duties of harbor 
 
 master when XI 8 110 
 
 Kegulatian of matters connected with, by com- 
 mon council II 12 28 
 
 See * ' PiEKS. "