DOCUMENT JVo. 9. BOARD OF ALDERMEN, APRIL 27, 1867. The following Acts, passed by the Legislature of the State, relative to this city, were received, laid on the table, and ordered to be printed. D. T. VALENTINE, Clerk, AN ACT TO REDUCE THE SEVERAL ACTS RELATING TO THE DISTRICT COURTS IN THE CITY OF NEW YORK INTO ONE ACT. Paseefd April 18, 1857, three-fifths being present. The People of the Slate of JVcw York, represented in Senate and Assembly, do enact as follows: § 1. The city of New York is divided into seven judi- cial districts, in which there shall continue courts de- nomiuated district courts of the first, second, third, fourth, iifth, sixth and seventh districts of that city, respectively. § 2. The districts mentioned in the first section of this act. are as follows: 1. The first district embraces the First, Second, Third and Fifth Wards. Doc. No. 9.) A/«/1 2 2. The second district embraces the Fourth, Sixth and Fourteenth W ards. 3. The third district embraces the Eighth and Ninth Wards. 4. The fourth district embraces the Tenth, Fifteenth and Seventeenth Wards. 5. The fifth district embraces the Seventh, Elev- enth and Thirteenth Wards. 6. The sixth district embraces the Sixteenth, Eigh- teenth, Twentieth and Twenty-first Wards. 7. The seventh district embraces the Twelfth, Nine- teenth and Twenty-second Wards. § 3. These courts have jurisdiction in the following actions: 1. In actions similar to those as provided loy sec- tions fifty-three and fifty-four of the code of proce- dure, where the sum recovered shall not exceed two hundred and fifty dollars, notwithstanding tlie ac- counts of both parties may exceed four hundred dol- lars. 2. In an action upon the charter, ordinance or by- law of the corporation of the city of New York, or a statute of this state, where the penalty shall exceed two hundred and fifty dollars- 3. In any action commenced in pursuance of this section, where the claim or demand shall exceed the sura of one hundred dollars, upon the application of the defendant, the justice shall make an order remov- ing the same, at any time after issue joined, and be- fore the trial of the same, into the Court of Common 8 (Doc. No. 9. Pleas, in and for the city and county of New York, upon the defendant executing to the plaintiff an un- dertakinf? with one or more sufficient sureties, to bo approved of by the justice of the court in which such action is commenced, to pay to the plaintiff the amount of any judgment that may be awarded against the de- fendant by the said Court of Common Pleas. §4. An action of which these courts have jurisdiction must be brought, 1. In a court held in the district in which eit'ier the plaintiff or defendant, or one of the plaintiffs or one of the defendants resides, unless all the plaintiffs or all the defendants reside out of the city of New York, in which case the action may be brought in either of the said districts. If the justice be either a party to the action, or a necessary witness therein, or otherwise disqualified from trying the same, or tliere be a vacancy in the office of justice in that district, it may be commenced in any district, except the one in "^hich such justice holds the court, 2. If the defendants be a corporation created by law, in a court held in the district in which the plain- tiffs, or either of them, reside, or in which it transacts its general business, or keeps an office, or has an agency established for the transaction of business, or is established by law, except the Corporation of the city of New York, which may sue or be sued in either of said districts. § 5, There is a justice of each of these courts elected by the electors of the district in whicli it is established, under a special statute of this state, and vacancies arc filled Doc. No. 9, 4 under like statutes; tie must be a resident of the city and county of New York, and must be, at the time of his elec- tion, of the deojree of a counselor at law of the Supreme Court of this state; but the latter qualification shall not apply to the justices now in office, during their present term of office. § 6. The justice elected in each district must hold the court therein, or, if his office be vacant, or if he be absent from the usual place of holding his court, or unable from illness to hold the same, it may be held by a justice elected in another district; and whenever the justice fails to at- tend, the clerk may adjourn, in the same manner, as the justice might have done. §7. These courts must be held at the places in their respective districts now or hereafter appointed by the Corporation of the city of New York, (except the court in the first district, which shall be held therein, or may be held in such rooms as may be provided therefor by said corporation, in the Park of said city; and when so pro- vided, shall be deemed within the first district for the pur- poses of this act,) at such hours in every judicial day, or as often as the respective justices may direct, and must continue in session as long as the public interest requires. § 8. These courts have official seals furnished, at the ex- pense of the city of New York, on which are engraved the arms of the state of New York, and the words "first dis- trict court," (or whatever district it may be,) New York city;'' but nothing herein contained shall authorize such courts to issue certificates of naturalization. § 9 Parties in these courts may prosecute or defend in 5 (Doc. No. 9. person, or by agent or attorney, except that the constable who served the summons, warrant, attachment or jury pro- cess cannot appear and act on the trial on behalf of either party; § 10. Actions in district courts are commenced by sum- mons, warrant or attachment, or by voluntary appearance in person, and pleading without summons, warrant or at- tachment; in tlie latter case the action is deemed com- menced at the time of appearance and pleading. § 11. When a guardian is necessary he must be ap- pointed by the justice as follows: 1. If the infant be plaintiff, the appointment must be made before the summons, warrant or attachment is issued upon the application of the infant, if he be of the age of fourteen years or upward, if under that age, upon the application of some relative or friend. The consent in writing of the guardian to be ap- pointed, and to be responsible for costs if he fail in the action, must be first filed with the clerk of the court. ^ 2. If the infant be defendant, the guardian must be appointed at the time the summons is returned per- sonally served, or before the pleadings. It is the right of the infant to nominate his own guardian, if the infant be over fourteen years of age, and the pro- posed guardian be present, and consent in writing to be appointed, otherwise the justice may appoint any suitable person who gives such consent. § 12. The summons must be addressed to the defendant by name, or, it his name be unknown, by a fictitious name, and must summon him to appear before the justice in the Doc. No. 9.) court at the court room thereof, and at the time specified therein, to answer the complaint of the plaintiff, and must state the amount for which the plaintiff will take judg- ment. If the defendant fail to appear and answer, it must be subscribed by the clerk of the court out of which the same is issued, or by his deputy, in the name of such clerk. § 13. The time mentioned in the sunnnons for the ap- pearance of the defendant, and the time of service must be as follows: 1. Where the defendant is not a resident of the city, or where the plaintiff is not a resident, and gives the security required by the twenty-third sec- tion of this act, it must be returnable in not less than two, nor more than four days from its date, and must be served at least two days before the time for ap- pearance mentioned therein. 2. In all other cases it must be returnable not moic than twelve days from its date, and must be served at least six days before the time of appear- ance. m § 14. The summons must be served by a constable of the city of New York, or by a person not interested in the cause, as follows: 1. If an action be against a corporation, by delivery of a copy to the president or other head of the cor- poration, or to the secretary, cashier or managing agent thereof, or when no such officer resides in the city, to a director resident therein. 2. If against a minor, under the age of fourteen 7 ( Hoc. No. years, by delivery ol a copy to such minor, and also to bis father, mother or guardian, or if they be not within the city, then to any person havin^r th(; care or control of such minor, or with whom ho resides, or in wliosc service he is. 3. If against a jierson judicially f!e(dared to be of unsound mind, or incapable of conducting his own afi'airs, in consequence of lialdtual druid^enness, or for any other cause, and for whom a C(tmmittce has been appointed', by delivery of a copy to such com- mittee, and to the defendant personally 4. In all other ca>es to the defendant personally. § 1;'). Ill any action arising on contract, for the recovery of money only, either expressed or imj)lied, or on an ac- count, the constable or person serving the summons, warrant or attachment, may serve therewith and in like mannei', a copy of the complaint, together with a copy of such contract, or a statement of the amount due thereon, or a copy of said account and notice that the plaintiff will take judgment for the sum specified therein; in such case, unless the defendant in his answer, specifi- cally deny the same, he is to be deemed to have admitted it, and the court is authorized to enter judgment therefor, without further proof. When a copy of the complaint is served, as specified in this section, the original complaint, and the answer thereto must be verified by the oath of the party pleading, or if he be not present, by the oath of his agent or attorney, to the effect that he believes it to be true; the verification must be in writing, except when the answer is oral, in that case the verification may be oral. Where the service of the summons, or the summons Doc. No. iJ ) 8 and of the copy of the complaint accompanying the same, shall be made by any other person than a constable, it shall be necessary for such person to state in his affidavit of service, when and at what particular place, and the manner he served the same, and that he knew the person served to be the person mentioned and described in the summons as defendant therein, which affidavit must be filed in the cause before a judgment by default for not answering shall be entered therein; when a copy of the complaint is served, by a constable, his certificate shall be presumptive evidence thereof. § 16. A warrant to arrest the defendant may be issued, directed to any constable of the said city, in the following cases. 1. In any action for the recovery of damages, in a cause of action not arising on contract, when the de- fendant is not a resident of the county, or is about to remove therefrom, or when the action is for a wilful injury to person or property. 2. In an action for a fine or penalty, or for money or property embezzled or wrongfully misapplied, or converted to his own use by a public officer, or an officer of a corporation, or an attorney, factor, bro- ker, agent or clerk, in the course of his employment as such, or by^ny other person acting in a fiduciary capacity. 3. Where the defendant has been guilty of a fraud in contracting the debt, or incurring the obligation for which the action is brought, or in concealing or disposing of the property, for the taking, detention or conversion of which the action is brought. 9 (Doc. No. 9. 4. Wlicu the defendant has removed, concealed or disposed of his property, or is about to do so, with intent to defraud his creditors. 5. When an arrest is autliorized by special statute, in an action for a fine or penalty or for a wilful vio- lation of duty. (5. When the action is lor the recovery of a fine or penalty under the ordiuariccs or by-laws of the Cor- poration of the city of New York; but no female can be arrested, except for a wilful injury to person or property. § 17. The defendant, immediately upon bein.i^ arrested, must be taken to the usual court room of the court out of which the warrant is issued, unless he gives the security specified in section nineteen of this act; and if the justice thereof be absent, or undble to try the action, or if it be made to appear lo the satisfaction of such justice by the affidavit of the defendant that he is a material witness in the action, the constable must immediately take the de- fendant before the justice of the next district court, who must take cognizance of the action, and proceed therein, the same as if the warrant had been issued out of the latter court. § IS. The constable makini^- the arrest must immediately give notice thereof to the plaintiff, and indorse on the warrant, and subscribe a certificate, stating the time of serving the same, and of his giving notice to the plaintiff. § 19. The constable making the arrest, or another con- stable, by direction of the justice, must keep the defendant in custody, unless he shall give the security for his appear- ance, in case the court is not sitting, as provided by sec- Doc. No. 9. 10 tion OLe . hundred and eighteen of the act entitled An act to reduce the several laws relating particularly to the city of New York, into one act," passed April 9, eighteen hundred and thirteen, which section shall be deemed^a part of this section — or until he is duly discharged by order of this court; but in no case can such detention exceed forty-eight hours from the time of his first being brought before the justice, unless within that time the trial of the action be commenced, or unless it be delayed at the request of the defendant, or in consequence of his demand for a jury trial. If the trial of the action be de- layed ac the request of the defendant, or in consequence of his demanding a trial by jury, he must file with the court the undertaking required by section twenty-six of this act, before such delay is granted to him. . § 20. All laws in 'relation to the issuing of attachments by justices of the peace, when the debt or damages claimed do not exceed two hundred and fifty dollars, and of the service thereof, shall apply to these courts, except when the same may be inconsistent with this act; and also, ex- cept that such attachment shall be signed by the clerk, or his deputy in the name of such clerk, with the allow- ances thereof indorsed thereon, signed by the justice. § 21. Before a warrant or attachment shall issue, the party applying must prove to the satisfaction of the jus- tice, by the affidavit of himself or some other person, the facts on which the application is founded, and the aniount of his debt or claim over all payment and set-offs. The plaintiff must also execute and deliver to the clerk of the court a written undertaking, approved by the justice, with such approval indorsed thereon, with or without sureties, 11 (Doc. No. 9 to the effect that if the defendant recovcied judp^mcnt, the plaintiff will pay to him all costs and extra costs tliat may be awarded to the defendant, and all damages which he may sustain by reason of the arrest, not exceeding' the sum specified in the undertaking, which jnust be double the amount claimed; if the undertaking be executed by the plaintiff' without security, he must annex thereto an aflidavit that he is a resident lioiiseholder in the tlic city ofNev/ York, and worth double the sum specified in the undertaking, as well as over and above all his debts and liabilities, as of his property exemj)t by law from execu- tion; but the proof and security required by this section shall not be necessary where the warrant is issued for the violation of a by-law or ordinance of the Corporation of the city of New York, or for the recovery of a penalty or a forfeiture under the statutes of this state whei-e the Corporation of the city of New Y^ork or the people of the State of Nesv York are plaintiffs. § 22. The summons, warrants and attachments issued out of these courts, shall not be served out of the city and county of New York, and the action shall be deemed com- menced at the timer such summons, warrant or attachment is actually delivered for service, if the constable or other person having the summons to serve cannot find the de- fendant so as to serve him therewith as required by this act, he must so return, and the clerk shall, at the request of tl>e plaintiff, continue from time to time to issue others, until the defendant is served. § 23. Plaintiffs not lesiding in the city and county of New York shall, betorc the issuing of the short summons, as provided in subdivision one of section thirteen of this Doc. No. 9.) 12 act, file, with the clerk of the court a written undertaking, executed by one or more sureties, to the effect that if the defendant recover judgment, he will pay him all costs and extra costs that may be awarded him, not exceeding one hundred dollars. If the defendant shall recover judgment in such case, and the execution be returned unsatisfied, in whole or in part, the clerk shall deliver to the defendant such undertaking, to be prosecuted according to law, § 24. The pleading must take place at the time the summons, warrant or attachment is returned served, or at such other time as the justice may direct. The court may at the time of pleading, or at any other time before the trial, require the plaintiff or defendant to exhibit to the inspection of the adverse party, with liberty to copy the same, any writing or account declared on or set up in the way of off-set or counter claim, or, if not so exhibited, may prohibit its afterward being given in evidence. § 25. The trial of the action may be adjourned by the court, or on the application of cither party, for a period not exceeding eight days at any one adjournment, unless the defendant is under arrest, in which case it shall not be adjourned to exceed forty-eight hours, except by con- sent of the defendant; an adjournment for more than forty-eight hours in such cases, except on application of the defendant, or by his consent, discharges the defendant from custody; but the action may proceed, notwithstand- ing such discharge, and the defendant shall be subject to arrest on the execution in the same manner as if he had not been so discharged. The trial may be adjourned for a longer period by consent, or where neither party objects to the same. 18 (Doc No. 9 § 26. If the application for the adjournment of the trial be on the part of the defendant under arrest, before it can be granted he must execute an undertaking, with one or more sufficient sureties, to be approved by the justice, which approval must be indorsed on the undertaking, to the effect that Tie will appear on the adjourned day, and not depart until duly discharged according to law, or until after the trial and judgment, and that he will sur- render himself into custody if any execution be issued upon the judgment, when obtained against him, in the action. § 27. An adjournment may be had either at the joining of issue, or at any subsequent time to which the cause may stand adjourned on application of either party, for a period longer than eight days, but not to exceed ninety days from the return of the summons or attachment, upon executiug an undertaking, in writing, with one or more sufficient sureties, to the effect that he will pay to the plaintiff' or defendant the damages, costs and extra costs, in case judgment shall be rendered against him in the action, upon proof by the oath of the party or otherwise, to the satisfaction of the justice, that such party cannot be ready for trial before the time to wiiich he desires an adjournment, for the want of material evidence, describ- ing it, that the delay has not been made necessary by any act or neglect on his part since the action was commenc- ed; and that he expects to procure the evidence at the time stated by him. § 28. The justice may impose upon the party applying for an adjournment, such conditions as to him may seem reasonable. Doc. No. 9.) 14 § 29. If the plaintiff fail to appear at the return of the summons, warrant or attachment, and make his com- plaint, the action must be dismissed. § 30. The courts may issue commissions to take the testimony of witnesses residing out of the^ity and county of New York, to be read on the trial of actions therein, in the same manner as justices of the peace now by law are authorized to do, which power and authority is hereby extended so as to authorize the issuing of commissions to take the testimony of witnesses residing out of this state. § 31. Whenever any action pending in either of said courts shall be commenced by the actual service of pro- cess, or when the defendant shall have appeared in the action, either party may have the testimony of any wit- ness who is about to leave the city and county of New York, and will probably continue absent, when the testi- mony is required, taken conditionally, to be used on the trial of such action, in the same manner and with like effect, as provided by article first, title three, chapter seven, of the Revised Statutes, entitled "Of taking, condi- tionally, testimony of witnesses within the state." § 32. Subpoenas requiring witnesses to appear and testify on the trial of an action, on the demand of either party, to be issued out of these courts by the clerks thereof, in the same form and served in the same manner as subpoenas issued out of a court of record, but shall not be served out of the city and county of New York, or an adjoining county thereto; and for neglect or refusal to attend and testify as required by such subpoenas, such witnesses may be attached and punished in the manner now provided by law for punishing similar neglect or re- 16 ( Doc. No. 9 fusal in courts of record; witnesses arc entitled to twenty- five cents for each day's attendanoo on the trial of an action. §33. The commissioner of jurors shall, on or before the first Monday of September, in each and every year, furnish the clerk of each of these courts with a list of tho names, residence and occupation of such number of per- sons liable to do jury duty, and who shall reside within the district for which they are selected, as the justice of the court may require, in writing, not exceeding one hun- dred and fifty to each district, and certify the same. A person named on the list thus furnished shall not be lia- ble to do duty in any other court at any time during the year for which they are so furnished. The clerk of the court who shall receive such jury list, must write on a slip of paper the name of each of the persons so furnish- ed, and place the same in a box, to be called the undrawn jury box. § 34. A trial by jury must be demanded at the time of joining an issue of fact, and is waived if neither party then demand it; when demandeil, the trial of ihe case may be a'^'journed until a time fixed for the return of the jury. The clerk must publicly draw twelve persons from the undrawn jury box, and deliver the list thereof to a constable, or to a person deputed by the justice for that purpose, with a written or printed notice, directed to each person named in the list, requiring him to attend, as directed, as a juror, at a time specified therein; out of which number, six of the persons attending shall be drawn to try the cause, providing that number appear. § 35. Tho oCTicer, or the officer thus deputed, must Doc. No. 9.) 16 thereupon immediately summon each person named in the list, by giving him the notice mentioned in the last sec- tion personally, or by leaving it at his place of residence, with some person of suitable age and discretion, and must return the list to the court at its opening, on the day for which the jury was drawn, specifying the persons summoned, and the manner in which each was notified. § 36. The court to which the list is returned may im- pose a fine, not exceeding ten dollars, for the neglect of a juror, without reasonable cause, to attend, and the same shall be collected in the manner now provided by law for the collection of like fines in courts of record; but if such notice was not personally served, the fine cannot be im- posed until, upon an order to show cause, an opportunity is afforded him to be heard. § 37. If a sufficient number of competent and indiffer- ent jurors do not attend, the justice must direct to be summoned, by a constable, or a person deputed for that purpose, from the vicinity, sufficient to complete the jury- § 38. The ballots contaigiing the names of the jurors summoned and not drawn, must be returned by the clerk to the undrawn jury box, to be drawn as in the first in- stance. The ballots containing the names of the jurors who served, must be placed in a box, to be called the drawn jury box, until all the other names have been drawn therefrom; and as often as that happens, the whole number must be returned to the undrawn jury box, as in the first instance. § 39. Before a party can be entitled to a jury, he must deposit with the clerk, at the time he demandied a trial 17 (Doc. No. 9. by jury, the sum of three dollars and the officer's fees for summoning the jury, from which the clerk must refund to the party the fees of all jurors who do not attend, which jurors' fees, not refunded, and the officers' fees, must be included in the judgment, as part of the costs, in case the party calling the jury recover judgment. § 40. No adjournment can be granted after the return of the jury, unless the party requiring the same, in addi- tion to the other conditions imposed upon him, deposit with the clerk, to be immediately paid to .the jurors at- tending, the sum of twenty-five cents each, which amount in no case is to be included as part of the costs in the judgment. § 41. If either party object to the competency of a juror, the question thereon must be tried in a summary manner by the justice, who may examine the jurors or other witnesses on oath. § 42. The verdict of the jury must be general for the plaintiff for a specific sum, or for the defendant, or where there is a counter claim or set-ofi" proved for the defend- ant in a specific sum; but when ^there are several plain- tiffs or defendants, the verdict may be for or against one or more of them, and the judgment must be entered there- in immediately after the rendering of the verdict. § 43. If, at any time before the trial has actually com- menced, it shall appear to the satisfaction of the justice that he is a necessary witness on the trial of the cau^e, or is disqualified to try the same, he shall, by an order en- tered in the cause, order the papers in the same to be transferred to a district court for the adjoining district, 2 Doc. No. 9 ) 18 and the latter court shall there have jurisdiction to hear and try the same. § 44. The swearing of the jury, and the mode of con- ducting the trial, are the same in these courts as they are in courts of record. § 45. Judgment that the action be dismissed, with costs, without prejudice to a new action, shall be rendered in the following cases: 1. Where the plaintiff voluniarily discontinues the action before it is finally submitted. 2. When he fails to appear at the time specified in the summons, warrant or attachment, or upon ad- journment. 3. When it is objected at the trial, and appears by the evidence, that the action is brought in the wrong district, or by a plaintiff not a resident in the county, without giving the security required by this act, or that the court has not jurisdiction; but if the objec- tion be taken and overruled, it is cause only of re- versal on appeal, and does not otherwise invalidate the judgment; if n(h taken at the trial, it is waived, and the court will be deemed to have jurisdiction. 4. Where the plaintiff does not prove his cause of action. § 46. When the defendant fails to appear and answer, judgment must be given for the plaintiff, as follows: 1. When a copy of the complaint, account or in- strument, has been served personally with the sum- mons, warrant or attachment, as prescribed by sec- 19 (Doc. No. 9. tion fifteen of this act, judgment must be given, with- out further evidence, for the sum Hpccificd therein. 2. In other cases the justice must hear the evidence of the plaintiff, and render judgment for such sum only as shall appear by the evidence to be just, but in no case to exceed the sum specified in the sum- mons, warrant or attachment. § 47. Upon the issue of fact joined, if a jury trial be not demanded, as required by tUis act, the justice must bear the evidence, and decide all questions of fact and law, and render judgment accordingly, within eight days from the time the same is submitted to hira for that pur- pose, except when the defendant is under arrest, and has not given security for his appearance; in such case the justice shall render his judgment immediately after the close of the trial. All issues of law shall be heard and decided by the judge, without a jury. § 48. The provisions of sections fifty-five to sixty-four, both inclusive, and of section sixty-eight of the code of procedure, shall apply to these courts, except that the transcript of judgment specified in the latter section shall be furnished by the clerk of the court in which the judg- ment was rendered, and also except that the execution may issue as well out of the district court in which the judgment was rendered, asout of the court of Ccommon Pleas. § 49. Where the amount found due to either party ex- ceeds the sum for which the justice is authorized to enter judgment, such party may remit the excess, and judgment may be entered for the residue. Doc No. 9.) 20 § 50. When a judgment is rendered in a case whore the defendant is subject to arrest and imprisonment thereon, it must be so stated in the judgment and entered in the docket. § 61. Execution for the enforcement of a judgment in a district court may be issued by the clerk of the court in which the judgment was rendered, or by his successor in office, on the application of the party entitled thereto, at any time within five years from the entry of the judg- ment, and it may also be issued out of the court of Com- mon Pleas after the same has been docketed in the county clerk's office. § 62. The execution, when issued out of the district court, must l*e directed to a constable of the ciiy of New York, and subscribed by the clerk of the court in which the judgment was rendered, or by his successor in office, and must bear date of the day of its delivery to the offi- cer to be executed. It must intelligibly refer to the iudg- ment by stating the name of the justice before whom and ;of the district where, and the time when rendered, and the amount of the judgment; and if less than the whole is -due, the true amount due thereon, It must require of the constable substantially as follows: 1. If it be a case where the defendant cannot be arrested, it must direct the officer to collect the amount of the judgment, or the amount due thereon, out of the personal property of the debtor, and to pay the same to the party entitled thereto. 2. If it be a case where the defendant may be arrested, in addition to the foregoing, it may direct the officer, if sufficient property of the defendant, 21 (Doc. No. y. liable to execuLioi), cannot be found to satisfy the judgment, that he arrest the defendant and commit him to the jail of the county, until he pay the judg- ment or be discharged according to law. 3. It must further in all cases direct the officer to make return of the execution, and a certificate thereon showing the manner in which he has executed the same, in twenty days from the time of his receipt thereof, to the court from which the execution is- sued. § 53. Upon an execution, or judgment against joint debtors, upon one or more of whom the summons, warrant or attachment was not served, the execution must contain a direction to collect the amount out of the joint pro- perty of all the defendants, and the separate property of the defendants upon whom such summons, warrant or at- tachment was served, to be specified by name. If sucli judgment be also such that the defendants are subject to arrest thereon, the execution must further specify the names of the defendants served with the summons, war- rant or attachment, who may be arrested for want of property. § 54. When the execution directs the arrest of the de- fendant for want of sufficient personal chattels, if there be not sufficient subject to levy known to the officer, or if upon demand by the officer of the defendant, ho fail to produce sufficient property, the officer may, without fur- ther delay, arrest the defendant; when arrested, the de- fendant must be conveyed to the common jail of the county, and there kept in custody until the execution, with costs, be paid, or he be discharged by due course of law. Doc. No. 9.) 22 § 55. An execution may, at the request of the plaintiff, be renewed before the expiration of the twenty days by the word "renewal" being written thereon, with the date thereof, subscribed by the clerk of the court or his deputy; such renewal has the ejBPect of an original issue, and may be repeated as often as may be necessary. If an execution be returned uniatisfied, others may be issued on the like request, from time to time, until the judgment be satisfied. § 56. A defendant cannot be arrested, nor his property sold on execution after twenty days from its issue, or re- newal, but property levied on within the twenty days may be sold after renewal. § 57. A constable is liable to a party in whose favor an execution is issued to him for the amount thereof in the following cases: 1. When he suffers the twenty days to elapse with- out making a true return thereof, and filing the same with the clerk of the court, and paying to him or to the party entitled thereto the money collected there- on by him. 2. When he wilfully or carelessly omits to levy on property of the defendant, or if the defendant be liable to arrest, to arrest and imprison him within the twenty days, or having arrested the defendant fails to commit him to the county jail within the twenty days. § 58. Whenever an execution has been returned satis- fied in whole or in part, where a transcript of the judg- ment has been filed in the county clerk's ofiice, a certifi- 23 (Doc. No. 9. § 81. All statutes, laws and rules heretofore in force in this state, in any case provided for by this act, or incon- sistent with its provisions, are hereby repealed and abro- gated; nor is any such statute, law or rule to be deemed retained, because it is consistent with provisions upon the same subject in this act; but such repeal does not effect any right already existing or accrued, or any proceedings already taken, except in this act provided. § 82. This act shall take effect immediately. State of New York, j Secretary's Office. \ I have compared the preceding with the original law on file in this office, and do hereby certify that the same is a correct transcript therefrom, and of the whole of said original law. Given under my hand and seal of office, at the city of Albany, this fifteenth^day of April, in the year one thousand eight hundred and fifty-seven. N. P, STANTON, Dep. Sec. of State. A N A C T IN RELATION TO PARTY-WALLS IN TIIR CITY OF NEW YORK. Passed April 1, 1857. The People of the State of JS^cw York, represented in Senate and Assembly do enact as follows: Sec. 1. It shall be lawful to increase the thickness of any partition wall, or other wall, between two adjoining buildings in the city of New York, erected before the passage of the act of fourteenth April, eighteen hundred and fifty-six, in relation to buildings in said city, provided that such additions be properly and securely tied into the original wall by iron fastenings, or slabs of stone, so as to make a firm wall of not less than sixteen inches in thickness; and such wall, when so altered, shall be deemed and taken to be a sixteen inch wall, in like manner, as if originally built of that thickness, any thing in the before- mentioned act, to the contrary notwithstanding. ^ 2. If any owner, or part owner, of any wall hereto- fore erected between two adjoining buildings in the city of New York, shall refuse to give his written consent to the reconstruction thereof, by the entire substitution of a new wall of the thickness now required by law, in build- ings more than fifty feet in height, it shall be lawful to increase the thickness of such wall by additions thereto to be firmly secured by sufficient and proper iron anchors, or slabs of stone, making togetlin* a wall of at least six- 3 Doc. No. 9.) 34 teen inches in thickness; and such wall so strengthened and increased, shall be deemed and taken to be a sixteen inch wall, in like manner as if the same had been origi- nally built of that thickness. § 8. This act shall take effect immediately. State op New York, ) Secretary's Office. ) I have compared the preceding with the original law on file in this office, and do licreby certify the same to be a correct transcript therefrom, and of the whole of said original law. Given under my hand and seal of office, at the city of Albany, this third day of April, in the ft; s.] year one thousand eight hundred 'and fifty- seven. N. P. STANTON, Dep* Secretary of State, AN ACT TO AMEND THE CHARTER OP THE CITY OP NEW YORK. Passed April i4, 1857, three fifths being present. The People of the State of J^ew York, represented in S^.nate and Jissemhlyy do enact as follows: Sec. 1. The Corporation now existing, and known by the name of" The Mayor, Aldermen and Commonalty of the city of New York,'" shall continue to be a body poli- tic and corporate in fact and in name, by the same name, and shall have perpetual succession, with all the grants, powers and privileges heretofore had by " the Mayor, Al- dermen and Commonalty of the city of New York." § 2. The legislative power of the said Corporation shall be vested in a Board of Aldermen and a Board of Councilmen, who together, shall form the Common Coun- cil of the city of New York. § 3. The Board of Aldermen shall consist of one Alder- man, to be elected from each district in the city and coun- ty of New York, as hereinafter provided for. The mem- bers of the Board of Aldermen first elected under this act, shall be classified as follows: The Aldermen from districts having an odd numerical designation shall hold such ofi&ce for the term of one year, and those from districts having an even numerical designation shall hold such office for the term of two years. At all subsequent elections for al- dermen, they shall be elected for the full term of two years. §4. There shall be six Councilmen elected from each Doc. No. 9.) 36 senatorial district in the city of New York, as the same now are or may hereafter be constituted by general ticket, in each of said districts, and the person so elected from each of said senatorial districts, shall together, form, the Board of Councilmen for the said city. The Couocilmen shall be choben for one year. § 5. No person shall be eligible to the office of Alder- man or Councilman, who shall not, at the time of his election, be a resident of the district from which he is chosen. § 6. Each Board of the Common Council shall have power to direct a special election to be held, to supply the place of any member whose seat shall become vacant by death, removal from the city, resignation, or otherwise, and in cither case the person elected to supply the vacan- cy shall hold hi.-? scat only for the residue of the term of office of his immediate predecessor. § 7. The Boards shall meet in separate chambers, and a majority of cither shall be a quorum to. do business. Each Hoard shall appoint a President from its own body, and shall choose its clerk and other officers, determine the rules of its own proceedings, and be the judge of the election, returns, and qualifications of its own members. Each Board shall keep a journal of its proceedings, and its doors shall be kept open, except when the public wel- fare shall require secrecy; and all resolutions and reports of committees, which shall recommend any specific im- provement, involving the appropriation of public moneys, or the taxing or assessing the cit zens of the city, shall be published immediately after the adjournment of the Board, under the authority of the Board, in all the newspapers 37 (Doc. No. 9. employed by the Corporation, and shall not be passed or adopted until after such notice has been published at least two days; and whenever a vote is taken in i-elation there- to, the ayes and noes shall be called and published in the same manner. § 8. Each Board shall have the authority to compel the attendance of absent members, to punish its membeis for disorderly behavior, and to expel a member with a con- currence of two thirds of the members elected to the Board; and the member so expelled shall, by such expul- sion, forfeit all his rights and powers as an Alderman or Councilman, and no Alderman or Councilman shall be questioned in any other place for any speech or vote in either Board. § 9. The stated and occasional meetings of each Board of the Common Council, shall be regulated by its own ordinances; and both Boards may meet on the same or on different days, as they may severally judge expedient. § 10. Any person holding office under this charter, who shall, during his term of office, accept, hold or retain any other civil ofSce of honor, trust or emolument under the government of the United States, or under this charter, or who shall, during his said term of office, receive any fees or emoluments, directed to be paid by any ordinance of the Common Council, except as hereinafter provided, shall be deemed thereby to have vacated his office. § 11. Every legislative act of the Common Council shall be by ordinance, act, or resolution which shall have passed the two Boards of Common Council, before it shall take effect, shall be presented, duly certified, to the Mayor of the city for his approval. If he approve, ho Doc. No. 9.) 88 shall sign it; if not, lie shall retura it within ten days thereafter, with his objections, to the Board in which it originated, or, if such Hoard be not then in session, at its next stated meeting. The Board to which it shall be returned, shall enter the objections at large on their jour- nal, and cause the same to be published in one or more of the daily newspapers of the city. But no ordinance, act or resolution shall be valid, unless the same shall have received the assent of both Boards within the same year. § 12. The Board to which such ordinance, act or reso- lution shall have been so returned, shall, after the expira- tion of not less than ten days thereafter, proceed to recon- sider the same. If, after such reconsideration, at least two thirds of all the members elected to the Board shall agree to pass the same, it shall be sent, together with the objections, to the other Board, by which it shall be like- wise reconsidered, and, if approved by at least two thirds of all the members elected to such Board, it shall take effect as an act or law of the Corporation. In all such cases, the votes of both Boards shall be determined by yeas and nays, and the names of the persons voting for and against the passage of the ordinance reconsidered, shall be entered on the journal of each Board respectively. § 13. If the Mayor shall not return the ordinance so presented to him within the time above limited for that purpose, it shall take effect in the same manner as if he had approved it. § 14. Any ordinance of the Common Council may ori- ginate in either Board, and when it shall have passed one Board, may be rejected or amended by the other. But no ordinance shall be passed by either Board, Qxcept, by 39 (Doc. No. 9. the vote of a majority of all the members elected to such Board. § 15. Neither the Mayor nor Kecorder of the city of Xew York, shall be a mciiib(U' of the Common Council thereof. § 16. The executive power of the Corporation shall bo vested in the Mayor and the Executive Departments. § 17. Whenever there shall be a vacancy in the office of Mayor, or whenever the Mayor shall be absent from the city, or be prevented by sickness, or any other cause, from attending to the duties of his office, or shall be removed, as hereinafter provided for, the President of the Board of Aldermen shall act as Mayor, and shall possess all the rights and powers of the Mayor, during the contiuuanco of such vacancy, absence or disability, and until the next charter election, in the case of a vacancy or removal from office. § 18. It shall be the duty of the Mayor — 1. To communicate to the Common Council at least once a year, and oftener if he shall deem it ex- pedient, a general statement of the situation and condition of the city, in relation to its government, finances and improvements. 2. To recommend for the adoption of the Common Council, all such measures connected with the police, security, health, cleanliness and ornament of the city, and the improvement of its government and finances, as he shall deem expedient. 3. To be vigilant and active in causing the ordi" nonces of the city to be duly executed and enforced. 4. To exercise a constant supervision over the con- Doc. No. 9.) 40 duct and acts of all subordinate officers, and to receive and examine into all such complaints as may be preferred against any of them for violation or neglect of duty, and generally to perform all sucb duties as may be prescribed for him by the charter and city ordinances, and the laws of this state or the United States. 6. To appoint such clerks as may be authorized by the Common Council, and as may be required in his office, to aid him in the discharge of his official duties. § 19. The Mayor, Comptroller and Counsel to the Corporation, shall each be elected by the electors of the city; the Mayor for the term of two years, the Counsel to the Corporation for the term of three years, and the Comptroller for the term of four years. The Comptroller shall be voted for upon a separate ballot. The other heads of departments shall be appointed by the Mayor, with the advice and consent of the Board of Aldermen. The Board of Aldermen shall have power to confirm or reject all nominations of officers made by the Mayor; and whenever any person nominated by the Mayor shall be rejected by the Board of Aldermen, the Mayor shall im- mediately nominate another person. § 20. The Mayor, Comptroller and Counsel to the Corporation, may each be removed by the governor, for cause, in the manner provided by law in the case of sher- iffs. The vacancy occasioned by the removal of the Comptroller or Counsel to the Corporation, shall be filled by the Mayor, with the advice and consent of the Board of Aldermen, until it shall be supplied at the next annual election of charter officers. 41 (Doc. No. 9. §21. The other heads of ihc Executive Dcpai tmcnts, except the oHicers of the Croton Aqueduct Board, shall hold their office for two years, and until the appointment of tiieir succe:>sors. The Mayor ^^hall have power to sus- pend, for cause, during any recess of the Common Council, and by and with the consent of the Board of Aldermen, to remove any of the heads of departments, except the Comp- troller and the Counsel to the Corporation, which suspen- sion, and the cause thereof, shall be communicated to the Common Council, if in session, if not, then at the lirst meet- ing thereof. The Board of Aldermen shall have power, without the consent of the Mayor, by a vote of two thirds of all the members elected to remove any of the heads of de- partments, for cause, other than the Comptroller and Coun- sel to the Corporation. The heads of departments shall have power to appoint and remove the chiefs of bureaux and clerks in their respective departments; except that the Chamberlain shall be appointed by the Mayor, with the consent of the Board of Aldermen, and may be removed in the same manner with heads of departments. The chiefs of bureaux and clerks of departments and bureaux, shall hold office during the same term enjoyed by tho heads of departments, unless sooner removed. The Chief Engineer of the Fire Dcjiartment shall be elected in tho same manner as is now, or may hereafter be prescril)ed by law. The number of clerks to the departments shall be as iixed by the Common Council, who shall also fix tho terms of all offices created by them under authority of law. §22. There shall be an executive department, which shall be denominated the "Department of Finance," which shall have control of all the fiscal concerns of the Corpora- tion, and shall prescribe the forms of keeping and render- Doc. No. 9.) i2 ing all city accounts; and all accounts rendered to^ or kept in the other departments of the city government, shall be subject to the inspection and revision of the offi- cers of this department. It shall settle and adjust all claims in favor of or against the Corporation, and all ac- counts in which the Corporation is concerned either as debtor or creditor. The chief officer of this department shall be called the " Comptroller of the city of New York.'^ There shall be a bureau in this department for the col- lection of the revenue accruing from rents and interest on bonds and mortgages, and for the collection of all revenues arising from the use or sale of property belong- ing to or managed by the city, and for the performance of such other duties as may be directed by the Common Council; the chief officer of which shall be called the " Collector of the City Revenue. There shall also bo a bureau in this department for the collection of taxes; the chief officer thereof shall be called the " Receiver of Taxes," who shall have all the powers and perform all the duties now prescribed by law for the Receiver of Taxes, and the office of Receiver of Taxes, as heretofore consti- tuted, and the provisions of law relating to him are hereby modified so as to conform to the provisions of this act. There shall also be a bureau in this department for the col- lection of arrears of taxes, arrears of assessments and ar- rears of water rents, the chief officer of which shall be called the " Clerkof Arrears." There shall also be a bureau in this department for the reception of all moneys paid into the treasury of the city, and for the payment of moneys on the warrant drawn by the Comptroller,"and counter- signed by the Mayor and Clerk of the Common Council; and the chief officer thereof shall be called the '* Chamber- / 43 (Doc. No. 9 Iain of the city of Nqw York." The Cluitnborlaiii s-liall keep books, showinf]: the amounts paid on account of tho several appropriations; and no warrants slmll be paid on account of any appropriations after the amount authorized to be raised by tax for that specific j)urposc! shall have been expended. There shall be another bureau in the De- partment of Finance, to be called the ''Auditing Bureau/' and the chief officer thereof shall be the " Auditor of Ac- counts. It shall revise, audit and settle all accounts in which the city is concerned as debtor or creditor; it shall keep an account of each claim for or against the Corpora- tion, and of the sums allowed upon each, and certify the same, with the reasons for the allowance, to the Comp- troller. The Comptroller shall report to the Common Council, once in ninety days, the name of every person in whose favor an account has been audited, with the decision of the Auditor upon the same, together with the final action of the Comptroller thereon. All moneys drawn from the city treasury shall be upon vouchers for the ex- penditure thereof, examined and allowed by the Auditor, and approved by the Comptroller and filed in his oCTicc. § 23. There shall be an executive department, wliich shall be denominated the " Street Deportment," which shall have cognizance of opening, altering, regulating, grading, flagging, curbing, guttering and lighting streets, roads, places and avenues; of building, repairing and lighting wharves and piers, the construction and repairing of public roads, the care of public buildings and places, and the filling up of sunken lots, under the ordinances of the Common Council. Tho chief officer thereof shall bo called " Street Commissioner." There shall be a bureau in this department, tho chief officer of which shall bo Doc. No. 9.j 44 called the "Superintendent of Wharves." There shall also be a bureau in this department, to be denominated the " Bureau of Repairs and Supplies," which shall have cognizance of all repairs and supplies to public buildings, lands and places, and of all other necessary repairs and supplies not provided for in other departments, the chief officer thereof shall be a practical builder, and he shall be' called the " Superintendent of Repairs and Supplies.'' There shall also be a bureau in this department, to be de- nominated the " Bureau of Lamps and Gas," the chief officer of which shall be called " Superintendent of Lamps and Gas." The Chief Engineer of the Fire Department shall have a bureau under the Street Department, and shall have charge of repairing fire engines and fire ap- paratus. There shall be a bureau in this department, the chief officer of which shall be called the " Superintendent of Roads." There shall be a bureau in this department for the collection of assessments, and the chief officer thereof shall be called the " Collector of Assessments." There shall be a bureau in this department for grading, flagging, curbing and guttering sti'cets, the chief officer of which shall be called the Superintendent of Street Improvements." § 24. There shall continue to be an executive depart- ment, under the denomination of the " Croton Aqueduct Board," which shall have charge of the Croton Aqueduct, and all structures and property connected with the supply and distribution of Croton Avatcr in the city of New York, and the under-ground drainage of the same; and the public sewers of said city, and permits for street vaults, and of paving, rcpaving and repairing streets, and digging and constructing wells; and the collection of the revenues 45 (Doc. No. 9. arising from the sale of the Croton water, witli such other powers and duties as are or may be prescribed by law. The chief officers thereof shall be called the " President, Engineer and Assistant Commissioner," who, toL^etlicr shall form the Croton Aqueduct Board, and hold their offices for five years. There shall be a bureau in this de- partment for the collection of the reveuues derived from the sale of the water, and the chief officer thereof shall bo called the " Water Registrar.'' There shall also bo a bureau in this department for the laying of water pipes, and the construction and repairs of sewers, wells and hy- drants; paving, repaving and repairing streets, the chief officer of which shall be called the " Water Purveyor." § 25. There shall continue to be an executive depart- ment known as the " Alms-house Department," which shall have cognizance of all matters relating to the xVlms-houso and Prisons of said city; the chief officers thereof shall be called the " Governors of the Alms-house;" they shall take and hold their offices as provided by the act enti- tled " An act to provide for the government of the Alms- house and Penitentiary in the city and county of New York," and be charged with the duties, powers and re- sponsibilities prescribed by that act. All ordinary appro- priations intended for the support and government of the Alms-house Department proposed by the Governors of the Alms-house, shall, before the same are finally made, be submitted by the governors to a B )ard consisting of the President of the Board of Aldermen, and the Presi- dent of the Board of Couucilracn, Mayor and Comptroller. If said Board approve of the appropriations, it shall im- mediately report the same to the Supervisors of the county of New York; if it shall disapprove of the same, it shall Doc. No. 9.) 46 return them with objections to the Governors of the Alms- house for their reconsideration; and in case the said gov- ernors shall, upon a reconsideration, adhere, bj a vote of two thirds of all the governors then in ofiSce, to the ori- ginal appropriations, they shall return them to the said Board, whose duty it shall be to report to the Supervisors. The Board of Education shall also submit, in like manner, all appropi-iations required by it, and said appropriations shall be subject to all the provisions of this section, so far as the same may be applicable. § 26. There shall be an executive department known as the "Law Department," which shall have the charge of, and conduct all the law business of the Corporation, and of the departments thereof, and all other law business in which the city shall be interested, when so ordered by the Corporation; and shall have the charge of and conduct the legal proceedings necessary in opening, widening or altering streets, and draw the leases, deeds and other pa- pers connected with the Financial Department; and the chief officer thereof shall be called the " Counsel to the Corporation." Tliere shall be a bureau in this depart- ment, the chief officer of which shall be denominated the " Corporation Attorney." There shall be also a bureau in this department, the chief officer of which shall be called the "Public Administrator." § 27. There shall be an executive department known as the " City Inspector's Department," the chief officer of which shall be the " City Inspector," and shall have cognizance of all matters affecting the public health, pur- suant to the ordinances of the Common Council, and the lawful requirements of the Commissioners of Health and 47 (Doc. No. y. of the Board of Health. There shall be a bureau in the City Inspector's Department, to be called the "Bureau of Sanitary Inspection and Street Cleaning, under the control of an officer named the "Superintendent of Sani- tary Inspection,'^ and who shall render such services as by ordinance may attach to said bureau, in cleaning the Btrcets and in the abatement and removal of nuisances detrimental to the public health in said city. There shall also be a bureau in this department, to be known as the "Bureau of Records and Statistics," and which shall bo under the direction of the Ilegistrar of Records, and in which bureau shall bo kept all records which may by law or ordinance be required to bo kept in said department. The Coroners in and for the city and county of New York, shall mak(^ return to the City Inspector of all inquisitions taken by them in the said city and county, (excepting those charging homicidC: or felonious assault, which shall be tiled with the Clerk of the Court of General Sessions.) There shall also be a bureau in this department for the inspection, regulation and m;inagemcnt of the public mar- kets, the chief officer of which shall be denominated "Superintendent of Markets." And it shall be the duty of the Croton Aqueduct Department at all times, to per- mit the City Inspector to order the hydrants to be used for cleansing the streets, provided that such use shall not endanger the general supply of the Croton water and shall be used under such regulations as the Croton Aqueduct Board may prescribe. The City Inspectoi" sl>al], after the passage of this act, appoint such number of Inspectors and Sealers of Weights and Measures as now or may hereafter exist, and who shall succeed to all the powers and per- form the duties, and receive compensation as now by law Doc. No. 9.) 48 prescribed, and shall hold oflBce upon the same terras as chiefs of bureaux, § 28. It shall be lawful for the Common Council of said city to establish such other bureaux as they may deem the public interest may require, and to assign to theim, and to the departments and bureaux herein created, such duties as they may direct, not inconsistent with this act. and the duties thereof shall be performed in accordance with the charter and laws and ordinances of the city; but no ex- pense shall be incurred by any of the departments or offi- cers thereof, whether the object of expenditure shall have been ordered by the Common Council or not, unless an appropriation shall have been previously made covering such expense. And no member of the Common Council, head of department, chief of bureau, deputy thereof, or cleik therein, or other officer of the Corporation, shall be directly or indirectly interested in any contract, work or business, or the sale of any article, the expense, price or consideration of which is paid from the city treasury, or by any assessment levied by any act or ordinance of the Common Council; nor in the purchase of any real estate, or other property belonging to the Corporation, or which shall bo sold for taxes or assessments, or by virtue of legal process at the suit of the said Corporation. § 29. The Mayor, or either Board of Common Council, may at any time require the opinion in writing of the head of any department upon any subject relating to his department, or any information possessed by him in rela- tion thereto. And every head of department shall report, in writing, to the Common Council, quarterly, the state of his department, with such suggestions in relation to the 49 (Doc No. 9 improvement thereof, and to the public business connected therewith, as he may deem advisable. §30. It shall be the duty of the Common Council to provide for the accountability of all officers aud other persons to whom the receipt or expenditure of the funds of the city shall be intrusted, by requiring from them suf- ficient security for the performance of their duties or trust, which security shall be annually renewed; but the security first taken shall remain in force until new secu- rity shall be given. § 31. Annual and occasional appropriations shall be made by proper ordinances of the Common Council, for every branch and object of city expenditure; and no money shall be drawn from the city treasury except the same shall have been previously appropriated to the purpose for which it is drawn. § 32. Until the Common Council shall otherwise direct, the existing ordinances shall apply to the departments herein mentioned, so far as the same are applicable there- to, and not inconsistent with this act. § 33. The Common Council shall not have authority to borrow any sums of money whatever on the credit of the Corporation, except in anticipation of the revenue of the year in which such loan shall be made, unless authorized by a special act of the legislature- § 34. It shall be the duty of the Comptroller to pub- lish, two months before the annual election of charter offi- cers in each year, for the general information of the citi- zens of New York, a full and detailed statement of the 4 Doc. No. 9.) 60 receipts and expenditures of the Corporation durinf^ tho year ending on the first day of the month in which such publication is made; and in every such statement, tlic dif- ferent sources of city revenue, and the amount received from each; the several appropriations made by the Com- mon Council, the objects for which the same were made, and the amount of moneys expended under each; tlie mo- neys borrowed on the credit of the Corporation, the au- thority under which each loan was made, and the terms on which the same was obtained, shall be clearly and par- ticularly specified. § 35. No tax or penalty shall licreafter be imposed upon or collected of any person, nor license required for selling or exposing for sale upon his, her or their own premises in said city, any wholesome article of food ; nor for selling such articles in such [)arts of the btreets of said city as ma}^ be designated by the Commor. Council for that j)urpose. § 30. The Clerk of the Board of Aldermen slmll, by virtue of his oiricc, be Clerk of the Common Conticil, and shall perform all the duties heretofore performed by the Clerk of the Common Council, excef)t such as t^hall be as- signed to the Clerk of the Board of Councilmcn; and it shall be his duty to keep open for inspection, al all I'ca- sonable limes, the records and minutes of the proceedings of the Common Co.mcil, except such as shall l>e specially ordered otherwise. The Clerk of each Board shall ap- point, and may i-cmove at plea:ui-e, deputy clerks in his department, to the number authorized by ordinance. The Clerk of the Comtnon Council shall keep the seal of tho city; and his signature ^hall be necessary to all leases, grants, and other documents, as under existing laws. 51 Doc No. 9. § 37. It shall be Iho duty of tlic Clerks of the respect- ive Boards to publish all ordinances and amendments of ordinances which shall be passed, and also the proceed- ings, in the newspapers which may be employed by the Corporation, except such parts as may require secrecy; and whenever a vote shall bo taken in cither Ijoard, upon the passage of an ordinance which shall contemplate any Bpecific improvement, or involve the sale, disposition or appropriation of public property, or the expenditure of public moneys or income therefrom, or lay any tax or assessment, such ordinance shall, before the same shall be sent to the other Board, and immediately after the ad- journment of the Board at which the same i^hall have been passed, be published witli the yeas and nays, and wiih the names of the persons voting for and against the same, in the newspapers employed by the Corporation, as part of the proceedings; and no ordinance which sliall have passed one Board shall bo acted upon by the other Board on the same day, unless by unanimous consent, except in case of invasion, insurrection, riot or pestilence. §38. iMl contracts to be made or let by authority of the Counnon Council, for work to bo done or supf)lies to be furnished, and all sab s of personal property in tiie cus- tody of the e-everal de[iartmc;its or bureaux, siiall be made by the appropriate heads of departme-i ts, under such reg- ulations as shall be establish.'d by onliiianecs of the Common Council. Whenever any work is necessaiy to be done to complete or perfect a ))arti(Milar job, or any sup- ply is needful for any pariicular pur[)ose, which work and job is to be undertaken or supnly furnishe d lor ih'» Cor- poration, and the several pai Ui of the said wuik oi sujj])ly DoCo No» 9.) 52 shall together involve the expenditure of more than two hundred and fifty dollars, the same shall be by contract, under such regulations concerning it as shall be establish- ed by ordinance of the Common Council, unless by a vote of three fourths of the members elected to each Board, it shall be ordered otherwise; and all contracts shall be en- tered into by the appropriate heads of departments, and shall be founded on sealed bids or proposals, made in com- pliance with public notice advertised in such of the news- papers of the city as may be employed by the Corporation for the purpose; said notice to be published for at least ten days in each of the daily newspapers so employed; and all such contracts, when given, shall be given to the low- est bidder, the terms of whose contract shall be settled by the Corporation Counsel as an act of preliminary specifi- cation to the bid or proposal, and who shall give security for the faithful performance of his contract, in the manner prescribed and required by ordinance; and the adequacy and sufficiency of this security shall, in addition to the jus- tification and acknowledgment, be approved by the Comp- troller. All bids or proposals shall be publicly opened by the officers for advertising the same, and in the presence of the Comptroller. If the lowest bidder shall neglect or refuse to accept the contract within forty-eight hours after written notice that the same has been awarded to his bid or proposal, it shall be readvertised and relet as above provided. All property sold under the authority of the Common Council shall be sold at auction, after previous public notice, under the superintendence of the appropriate head of department. Every contract, when made and entered into as before provided for, shall be ex- ecuted in duplicate, and shall be filed in the Department 53 (Doc. No. 9. of Finance; a receipt for each payment made on account of, or in satisfiction of, the same, shall bo indorsed on the said contract by the party receiving the warrant, which warrant shall be only given to the person interested in such contract, or his authorized representative. The pro- ceeds of all sales made under and by virtue of this section, shall be, by the oflicer receiving the same, immediately deposited with the City Chan^berlain, and the account of sales, verified by the officer making the sale, shall be im- mediately filed in the office of the Comptroller. No ex- penditure for work or supplies, involving an amount for which no contract is required, shall be made, except tho necessity therefor be certified to by the head of the appro- priate department, and the expenditure be authorized by the Common Council. § 39- Every person elected or appointed to any office under the city government, shall on or before the first day of January next succeeding each election, or wiihin five days after notice of such appointment, take and subscribe an oath or affirmation, faithfully to perfoi ni the duties of his office; which oath or affirmation shall be filed in the Mayor's office. § 40. Any officer of the city government, or person em- ployed i^ its service, who shall wilfully violate or evado any of the provisions of this charter, or commit any fraud upon the city, or convert any of tho public property to his own use, or knowingly permit any other person so to con- vert it, shall be deemed guilty of a misdemeanor, and, in addition to the penalties imposed by law, shall forfeit his office, and be excluded forever alter from receiving or holding any office under the city charter; and any per- Doc. No. 9.) 54 son wlio shall wilfully swear falsely in any oath or affirm- ation required by this act, shall be guilty of perjury. § 41. All ferries, docks, piers and slips shalTbc leased; and all sales of public property and franchises (other than grants of land under water, to which the owners of the upland have a pre-emptive right) shall be made by public auction, and to the highest bidder who will give adequate security. No lease hereafter given (except as the same may be required by covenants of the Corporation already existing,) shall be for a longer period than ten years, and all ferry leases shall be revocable by the Common Council for mismanagement or neglect to provide adequate accom- modations. All persons acquiring any ferry lease or other franchise or grant under the provisions of this act, shall be required to purchase, at a fair appraised valua- tion, the boats, buildings and other property of the former lessees or grantees, actually necessary for the purposes of such ferry grant or franchise. Previous notice of all sales referred to in this section shall be given, under the direction of the Comptroller, in the newspapers employed by the Corporation, and for thirty days in each of the daily newspapers so employed. § 42. No money shall be expended by the Corporation for any. celebration, procession or entertainment of any kind, or on any occasion, unless by the votes of three fourths of all the members elected to each Board of the Common Council. § 43. The Common Council arc hereby authorized and directed to make all necessary arrangements for the con- duct and regulation of all elections authorized under the provisions of this act, and in conformity, as far as may 55 (Doc. No. 9. be, to the j',cncral election lawa, except as herein other- wise |)i()vi(if(3. § 44. No oIFiecr under tliis charter, except the (.'ollector of City Kevcnue, Collector of Asjicssinents, (Jlerk oC Ar- rears, Counsel to the Corporation, or Inspector of Vea- sclrf, shall have or receive from tlie Corporation or city treasui-y, any perquisites or any compensation or com Mis- sion for his services, exce|)t a salary, cxce[)t that the City Inspector may receive to his own use such portion of the fees allowed for the recording births and marriages, as are or may be prescribed by law. The salaries of all offi- cers provided for by this act, or that may be created by the Common Council in pursuance of this act, shall be prescribed by ordinance, to be passed by the Common Council, and approved as hereinoefore provided, for the approval of all ordinancoH, for raising and appropriating the money or disposing of the property of the city; and any fees that now are, or hereafter may be provided for any odicer under this charter, except as aforesaid, shall, on the receipt thereof, be paid by such officer into the city treasury. No member of the Common Council shall re- ceive any compensation for his services as such member. §45. All officers or other persons to wliom the receipts or expenditures of the city, or fees or funds payable into the city treasury, shall be intrusted, shall give sufficient security for the faithful performance of their duty in such form and amount as the Com>mon Council may prescribe, which shall be annually renewed. § 46 No additional allowance, beyond the legal claim, under any contract with the Corporation or for any services on its account or in its em[)loyment, shall ever be allowed. § 17. No bid shall be accepted from, or contract award- Doc. No. 9.) 56 ed to, any person who is in arrears to. the Corporation, upon debt or contract, or who is a defaulter, as surety or otherwise, upon any obligation to the Corporation. § 48. No Alderman shall hereafter sit or act as Judge of the Court of Oyer and Terminer, or in the Courts of General or Special Sessions in the city and county of New York; but this section shall not prevent his exercis- ing the power of magistrate in the arrest, commitment or bailing of offenders, excepting that he cannot let to bail or discharge a person arrested or committed by another mag- istrate. Courts of Oyer and Terminer, in and for the city and -county of New York, may be held by a Justice of the Supreme Court and the Court of General Sessions in and for the said city and county, by the Recorder or City Judge of the said city and county; of Special Sessions therein, by any two Police Justices of said city, and when either of the said courts shall be held as aforesaid, all the powers and jurisdiction appertaining by law to each of said courts, shall be possessed and exercised by the officer or officers holding the same. § 49. Tlie grand jury of the county may present any officer other than Mayor, Counsel to the Corporation or Comptroller, created by or holding office under this char- ter, but only upon testimony from witnesses who are per- sonally cognizant of the facts they testify to, and after the person so charged shall have iiad a reasonable oppor- tunity to appear before said grand jury in person, in expla- nation thereof. This presentment may charge such officer with wilful and fraudulent omission of duty, or commis- sion of any official act prohibited by law. It shall be filed with the clerk of the court to which the presentment is made. A copy shall be served upon the officer afore- 57 (Doc. No. 9. said, who shall ^ be required lo plead thereto as to an indictment. If he admit the charges of the present- ment so filed* and served, the court shall declare his office vacant. If he deny them, the said presentment shall bo tried in the same manner as an indictment. If the jary convict him of any char^^e contained in the presentment, the court shall then declare his office vacant. The court shall order its declaration, if the person so presented shall be found guilty, to be entered on its minutes, and a copy thereof tiled with the Clerk of the Common Council, and thereupon the said office shall become vacant, and the person so convicted shall forever be disqualified from holding any office, not elective, under the city charter. § 50. The city of New York shall be divided into sev- enteen aldermanic districts, as follows: The first district shall consist of all that part of the city south of a line drawn from the Hudson river throuf^h the middle of Chambers street to the middle of Duane street, down the middle of Duane street to Rose street, down the middle of Rose street to Frankfort street, down the mid- dle of Frankfort street to Pearl street, down the middle of Pearl street to Dover street, and down the middle of Dover street to the East river. The second district shall be bounded southerly by the first district, then up the middle of Broadway from Chambers to Franklin street, down the centre of Frank- lin to Baxter street, up the centre of Baxter to Bayard steeet, through the centre of Bayard to Bowery, down the centre of Bowery to Catharine street, and down the cen- tre of Catharine street to East river, and east by iho river. Doc. No. 9.) 58 The third district shall be bounded southerly by tho first district, then up the middle of Broadway from Chambers street to Spring street/ through the middle of Spring street to Hudson river, and west by the river. The fourth district shall be bounded southerly by the second district, then up the middle of Broadway from Franklin to Grand street, through the centre of Grand street to Clinton street, down the centre of Clinton street to East river, and east by the river. The fifth district shall be bounded southerly by the third district then by a line drawn up the middle of Broadway, from Spring street to Fourth street, thence through the centre of Fourth street to Christopher street, and through the centre of Christopher street to Hudson river, and west by the river. The sixth district shall be bounded southerly by the fourth district, then by a line drawn up the middle of Broadway from Grand street to Houston street, then down the middle of Houston street to Clinton street, and down the middle of Clinton street to Grand street. The seventh district shall be bounded southerly by the fifth district, then by a line drawn up ihe middle of Broadway from Fourth to Fourteenth street, and through the centre of Fourteenth street to Hudson river, and west by the river. Tho eighth district shall be bounded south and east by the East river, on the west and north by a line drawn from the river up the middle of Clinton street to Houston street, and down the middle of Houston street to said river. The ninth district shall be bounded southerly by thesev- 59 (Doc. No. 9. cnth district, and (licn hy a line drawn llirougli tlic middlo of Sixth avcriuo, from Foiii tociilli street to Twciity-^ixth street, and through tlio centi-e of Twenty -s^ixtb street to Hudson river, and west by the river. The tenth distriet sliall be bounded on the south by tlio eixtli diritriot, thence by'a line drawn through the middlo of Broadway from Houston street to Fourteenth street, down the middle of Fourteenth street to Avenue A, and down the middle of Avenue A to Houston street. The eleventh district shall be bounded southerly by the ninth district, thence by a line drawn through tho middle of Sixth avenue from Twenty-sixth str(Tet to For- tieth street, and through the centre of Fortieth street to Hudson river, and west by tlie river. The twelfth district shall be bounded southerly by the middle oi Houston street, thence by a line drawn up the middle of Avenue A from Houston street to Fourteenth street, and down the middle of Fourteenth street to the East river, and east by said river. The thirteenth district shall be formed of the territory now known as the Twenty second Ward. The fourteenth district shall be bounded by a line com- mencing at the intersection of Fourteenth street with the East river, thence through the centre of Fourteenth street to the Sixth avenue, thence through the centre of Sixth avenue to Twenty-sixth street, and thence through the centre of Twenty-sixth street to the East river, and east- erly by the river. The fifteenth district shall be bounded southerly by tho fourteenth dic^irict, thence through the ccnire of Sixth avenue from Twenty-sixth street to Fortieth street, thenco Doc. No. 9.) 60 through the centre of Fortieth street to the East river, and easterly by said river. The sixteenth district shall comprehend the territory now known as the Nineteenth Ward. The seventeenth district shall comprehend the territory now kno^wn as the Twelfth Ward, being that portion of the city of New York north of the centre of Eighty-sixth street. § 51- The Mayor, Aldermen and Councilmen, provided • for in this act, shall be elected at the first election for charter officers, to be held after the passage hereof, which election shall take place on the first Tuesday of December, eighteen hundred and fifty-seven; all persons who shall have been elected under former laws regulating or affect- ing the election of charter officers, and shall be in office at the time of the passage of this act, shall continue in office until the officers elected under this act shall take office, and no longer, except that the offices of Commis- sioner of Repairs and Supplies and of Commissioner of Streets and Lamps, are hereby abolished, and except that the persons now filling the several offices of Comptroller, Counsel to the Corporation, Street Commissioner and City Inspector, and the officers of the Croton Aqueduct Department, shall continue in office until the expiration of their several terms, and shall not be removed from office during such continuance, except for the cause and in the manner provided for in sections 20 and 49 of this act, and all other charter officers, and all school officers, and each governor of the Alms-house, whose term of office may ex- pire with the present municipal year, shall be also elected on the day before provided for by this section. 61 (L>oc. No. 9. § 62. Every })Grson who shall promise, offer or give, or cause, or aid, or abet, in causing to be promised, offered, or given, or furnish, or agree to furnish, in whole or in part, to be promised, offered or given to any member of the Common Council, or any officer of the Corporation, after his election as such member, or before or after he shall have qualified and taken his seat, any moneys, goods, right in action or other property, or any thing of value, or any pecuniary advantage, present or prospective, with intent to influence his vote, opinion, judgment or action on any question, matter, cause or proceeding which may be then pending, or may, by law, be brought before him in his official capacity, shall, upon conviction, be im- prisoned in a penitentiary for a term not exceeding two years, or shall be fined not exceeding five thousand dol- lars, or both, in the discretion of the court. Every officer in this sefction enumerated, who shall accept any such gift or promise or undertaking, to make the same, under any agreement or undertaking that his vote, opinion, judgment or action shall be influenced thereby, or shall be given in any particular manner, or upon any particular side of any question, matter, cause or proceeding then pending, or which may by law be brought before him, in his official capacity, shall, upon conviction, be disqualified from holding any public office, trust or appointment, under the charter of the city of New York, and shall forfeit his office, and shall be punished by imprisonment in the peni- tentiary not exceeding* two years, or by a fine not exceed- ing five thousand dollars, or both, in the discretion of the court. Every perpon offending against either of the i)ro- visions of this section, shall be a competent witness against any other person offending in the same transac- Doc. No. 9.) 62 tion, and may be compelled to appear and give evidence before any grand jury or in any court, in the same man- ner as other persons; but the testimony so given shall not be used in any prosecution or proceeding, civil or crimi- nal, against the person so testifying. § 53. The annual election for chai ter officers, school officers and Governors of the Alms-house, after ihe year eighteen hundred and fifty-seven, shall be held on the first Tuesday in December, and the officers elected at the first election, as hereinbefore provided, and in each year there- after, shall take office on the first Monday of January next succeeding. All the provisions of law now in force in re- gard to the notification, duration, conduct of etcciion, and canvassing of votes at genei al elections, shall ap|)ly to the first election provided, for herein, and to each annual elec- tion of charter ofiicers, except that tiic returns of all elec- tions provided for by this act, shall Jjo filed by the dis- trict canvassers in the several districts with the Clerk of the Common Council, within twenty-four hours after the polls are closed; and the said returns shall bo canvai-sed by the Board of Aldermen, sitting as a Hoard of City Canvassers. The Clerk of tlie Common Council shall bo Clerk to the said Board of City Canvassers; and the said Board shall meet on tlu; Thursday sui^ceeding i^ucU elec- tion, and shall, wiihin ten days thereafter, whollv com- plete such canvass, and file, wi'hin the same tiuie, dupli- cate statements of the result in the respective odices of the Clerks of the Common Council and County Cleik. The Clerk of the Cotnnion Council, wiihin five days suc- ceeding the filing of the said stateniont, shall give to each person declared elected a certificate thei-eof. § 54. The act to amend the tdiartcr of the city of Xew York, passed April seventh, eighteen hundred and thirty, 63 (Doc. No. 9. and tlio act to amend the charter of the city of New York, passed April second, eighteen I:undred and forty-nine, and the act to amend an act, entitled an act to amend the charter of the city of New York, passed April second, eighteen hundred and forty-nine, passed July eleventh, eighteen hundred and (ifty-onc; and the act further to amend the charter of the city of New York, pas.-cd April twelfth, eighteen hundred and fifty-three; and the act sup- plementary to an act entitled an act furtlicr to amend the charter of the city of New York, passed April twelfth, eighteen hundred and fifty-three; passed June fourteenth, eighteen hundred and fifty-three, are hereby repealed; and all laws inconsistent wiih this act arc also hereby repealed; but the charter of the city of New York, known as the Dongan and Montgomerio charter, so far as the same, or cither of them, are now in force, shall continue and remain in full foi-cc, and shall not bo construed as repealed, modified, or in any manner affect- ed thereby. This soclion shall not prejudice or airect any right accrued, oi proceeding commenced before this act takes effect. § 55. This act shall take eCfect on the first day of May, on(j thousand eight hundred and fifty-i^evcn. State of New York,) Secretary's Office. j I have compared the preceding with the original law on file in this ofiice, and do hereby certify that the same i^ a correct transcript therefrom, and of ihc whole of saiil original law. Given under my hand and Si^al of office, at the city of All»any, this twentieth [r>-S ] day of April, in the year one thoutiand eight hundred and liffy-^^even. N. P. STANTON, Dvp, Sicrcluri,' of State. AN ACT TO AMEND AN ACT ENTITLED AN ACT FURTHER TO AMEND^ THE ACTS IN RELATION TO INSURANCES ON PROPERTY IN THIS STATE, MADE BY INDIVIDUALS AND ASSOCIATIONS, UNAUTHORIZED BY LA"W/* PASSED MARCH THIRTIETH, EIGHTEEN HUNDRED AND FORTY- NINE. Passed April 16, 1857. The People of the State of J\*ew York, represented in Senate and Mssemhly, do enact as follows: § 1. Sections one, two, three and four of an act entitled "An act further to amend the acts in relation to insur- ances on property in this state, made by individuals and associations unauthorized by law," passed March thirtieth, eighteen hundred and forty-nine, so far as the said sec- tions are applicable to the city and county of New York, but no further, are hereby repealed, and the following ten sections are substituted therefor. Provided, however, that any corporation or association, created by or organ- ized under the laws of any government other than the states of this Union, and having assets, funds or capital, not less in amount than three hundred thousand dollars, invested in this state, shall be liable to taxation upon such assets, fund or invested capital, as the same is levied or assoescd yearly by law, which tax shall be paid as fol- lows: such amount thereof as would be equal to two per cent, upon its gross premiums, received for insurances upon property in the city of New York shall be paid annually, as herein before provided, to the treasurer of the Fire Department of the city of New York, and the 65 (Doc. No. 9. residue of said tax, requisite to make up the full amount of taxation upon its capital, as herein before provided, shall be paid to the Mayor, Aldermen and Commonalty of the city of New York, as in the case of ordinary taxa- tion, and the payments so made as aforesaid, shall exempt such corporation or association making the same, from any and all further taxation upon its prciniunis, capital or assets, and whenever such capital shall be reduced below said sum of three hundred thousand dollars, or withdrawn entirely, then, and in either event, such cor- poration or association shall be liable to pay the tax upon its premiums, as heretofore provided in this act, § 1. There shall be paid to the treasurer of the Fire Department of the city of New York, for the use and bene- fit of said Fire Department, on the first day of February in each year, by every person who shall act, in the city and county of New York, as agent for or on behalf of any individual, or association of individuals, not incorporated by the laws of this state, to effect insurances against losses or injury by fire in the city and county of New York, al- though such individuals or association may bo incor- porated for that purpose by any other state or country, tlie sum ol two dollars upon the hundred dollars, und at that rate upon the amount of all premiums which, during the year ending on the next preceding first day of Sep- tember, shall have been received by such agent or person, or received by any other person for him, or shall have been agreed to be paid for any insurance against loss or injury by fire in the city and county of New York, effected, or agreed to be effected or promised by him as such agent § 2. Every person who shall act in the city and couuty 5 Doc. No. 9.) 66 of New York as agent as aforesaid, shall, on the first day of February in each year, render to the said treasurer of the Fire Department, a just and true account, verified by his oath, of all such premiums which, during the year end- ing on the first day of September preceding, shall have been received by him, or by any person for him, or wliich shall have been agreed to be paid for any such insurance cfi*ected, or agreed to be efi'ected or promised by him. § 3. No person shall, as agent or otherwise, effect, or agree to 05*001, or procure to be efi'ected, any insurance upon which the duty above-mentioned is required to bo paid, until he shall have executed and delivered to the said treasurer an undertaking under seal to the Fire De- partment of the city of New York, with such sureties as the said treasurer shall approve, that he will annually ren- der to the said treasurer, on the first day of February in each year, a just and true account, verified by his oath, of all such premiums which, during the year ending on the- first day of September preceding, shall have been received by him, or by any person for him, or which shall have been agreed to be paid for any such insurance, efi'ected, or agreed to be efi'ected or promised by him, and that he will an- nually, on the first day, of February in each year, pay to the said treasurer, two dollars upon every hundred dollars, and at that rate upon the amount of snch premiums. § 4. Whenever, by reason of the failure of the sureties, or either of them, or for any other cause, an undertaking, given under the last preceding section, shall, or may be, deemed insuCBcicnt by the said treasurer, to secure a re- turn of the account, and the payment of the duty aforesaid, ' or cither of them, the said treasurer, at his election, but not 67 (Doc. No. 9. oftencr than once in each year, may require such nnder- taking to be renewed. § 5. Every person who shall effect, agree to effect, pro- mise or procure any insurance mentioned in the first four sections of the said act as hereby amended, without hav- ing executed and delivered the undertaking required by the third section of said act as hereby amended, shall, for each ofifence, forfeit one thousand dollars for the use of the said Fire Department; and every person who shall have been required by the said treasurer to renew his un- dertaking, pursuant to the fourth section of said act, as hereby amended, who shall effect, agree to effect, promise or procure any such insurance without having executed and delivered the renewed undertaking, required by said last-mentioned fourth section, shall, for each offence, for- feit one thousand dollars for the use of the said Fire De- partment. § 6. It shall be lawful for the said treasurer of the Fire- Department, on or after the first day of February in each year, by written or printed demand, signed by him, to re- quire from every person who shall act, in the city and county of New York, as agent as aforesaid, the account provided for in the second section of said act, as hereby amended, and payment of the duty provided for in the first section thereof, such demand mny be delivered personally to such agent, or at his office or place of business, to any person having charge thereof, or at his residence, to any person of suitable age, and every such agent who shall, for ten days after such demand, neglect to render the account, or to pay the duty dcinaudod, or cither of them, shall for- feit fifty dollars, for the use of the said Fire Department; Doc. No. 9.} '68 and he shall also forfeit for their use, twenty-five dollars id addition for every day that he shall so neglect, after the expiration of said ten days, and such additional penalty may be computed and recovered up to the time of the trial of any suit for the recovery thereof. § 7. Every person who shall act in the city and county of New York as agent, as aforesaid, shall, on the first day of February, in each year, or within ten days thereafter, and as often in each year as he shall change his place of business in the said city, report in writing, under his pro- per signature, to the Comptroller of the state, and also to the treasurer of the said Fire Department, the street and the number thereof, in the said city, of his place of busi- ness as such agent, designating in such report the individ- ual or individuals, and association or associations for which he shall be such agent, and in case of default in any of these particulars, such person shall forfeit, for every oflfence, the sura of one thousand dollars, for the use of the said Fire Department. § 8. The duty provided to be paid by the first section of said act as hereby amended, the damages for any breach of the undertakings, or either of them, provided for in the third and fourth sections thereof, and the pecuniary penal- ties imposed by said act as hereby amend d, or any or either of them, may be sued for and recovered with costs of suit in any court of record within this state by the Fire Department of the city of New York, in their own name and to their own use. § 9. The defendant, in any action to be brought for the recovery of any penalty incurred, or any duty or sum of money payable under said act as hereby amended, may be (Doc. No. 9. arrested, if he is not a resident of ihis state, or is about to remove therefrom; an order for the arrest of the defend- ant must be obtained from a judf^e of tlie court in wliich the action is brou^i^ht, or fi om a county jud<^e. The order shall be made wl»en it shall appear to the judge, by affi- davit, that a sufficient cause of action exists under said act as hereby amended and that the defendant is not a resi- dent of this state, or is about to remove therefrom. § 10. The provisions of chapter one of tiile seven of an act entitled " An act to amend the act entitled an act entitled. to simplify and abridge the practice, pleadings and proceedings of the courts of this state,'*' passed April twelfth, eighteen hundred and forty-eight, passed April eleventh, eighteen hundred and forty-nine, and which chapter is entitled " Arrest and Bail," Irom and including section one hundred and eighty-two. to the end of said chapter, shall apply to any arrest under the ninth section of said act as hereby amended, and to the proceedings thereupon. § 2. The repeal of the first section of this act shall not affect any prosecution or action commenced, or penalty, duty or liability incurred, or cause of action accrued prior to the passage of this act; but every such action or prose- cution may lawfully proceed, and every such penalty, duty or liability may be demanded and recovered as if the sec- tions one, two, three and four, repealed as aforesaid, had remained in full force. State op New York, ( Secretary's Office. S I h^^o compared the preceding wiih the original law on file in this office, and do hereby Doc. No. 90 70 certify that the same is a correct transcript therefrom, and of the whole of said original law. Given under my hand and seal of office, at the city of Albany, this sixteenth day of [l. S.] April, eighteen hundred and hfty-seven. (Signed) N. P. STANTON, Dep. Secretary of State, This law takes effect on 6th May, 1857. AN ACT TO AMEND AN ACT ENTITLKD " AN ACT TO ALTER THE MAP OP TUB CITY OP NEW YORK, BY LAYING OUT THEREON A PUBLIC PLACE, AND TO AUTHORIZE THE TAKING OF TUB SAME," PASSED JULY 21, 1853. Passed February 13, 1857, by a two third vote. The People of the State of JYeiu York, represented in Senate and Assembly do enact as follows: § 1. The seventh section of this act, entitled " An act to alter the map of the city of New York, by laying out thereon a public place, and to authorize the taking of tho same," passed July twenty-one, eighteen hundred and fifty-three, is hereby amended so as to read as follows: § 7. For the payment of so much of the damages award- ed by the Commissioners of Estimate and Assessment, and the expenses, disbursements and charges in the pre- mises, as shall exceed the amounts or sums tliat may bo assessed by the said commissioners upon the parties and persons, lands and tenements deemed by them benefited by the opening of such public square or [)Iace, it shall bo lawful for the said Mayor, Aldermen and Commonalty to raise the amount of such excess by loan, by the creation of a public fund or stock, to be called " The Central Park Fund,*' which shall bear an interest, not exceeding six per centum per annum, and shall bo redeemable within a period of time not exceeding forty-five years after the pas- sage of this act; and for the payment of which the said piece of land, so aforesaid to bo taken, shall bo irrevo- cably pledged. Doc. No. 9. 72 § 2. The ninth section of the same act is hereby amended so as to read as follows, viz: § 9. In order to pay the interest on the debt created, on account of the acquisition of lands for the Central Park, the Mayor, Recorder and Aldermen of the city and coun- ty of New York, as the Supervisors thereof, are hereby authorized and empowered to order and cause to be rais- ed by tax on the estates, real and personal, subject to taxation according to law, within said city and county, and to be collected in addition to the ordinary taxes? yearly and every year, until the whole amount of the debt be paid, a sum of money sufficient to pay interest accruing on the stock heretofore issued, and on the stock issued after the passage of this amendment, and also the interest accrued and hereafter to accrue on the several awards, and the mortgages assumed by the Corporation in paying said awards. § 3. This act shall take effect immediately. State op New York, J Secretary's Office. ) I have compared the preceding with the original law on file in this office, and do hereby certify that the same is a correct transcript therefrom and of the whole of said original law. Given under my hand and seal of office, at the city of Albany, this twenty-fifth [l. s.] day of March, in the year one thousand eight hundred and fifty-seven. N, P. STANTON, Dep. Sec. of State. . AN ACT TO ALTER OB AMEND THE MAP OR PLAN OP THE GITY OP NEW YORK, SO AS TO CLOSE BLOOMINGDALE SQUARE IN SAID CITY OP NEW YORK. Passed March 6, 1857, three fifths being present. The People of the State of JVeio Yorky represented in Senate and Jlssemhly^ do enact as follows: § 1. All that certain piece, parcel, or plot of land, situ- ate, lying and being between Fifty third and Fifty-seventh streets, and the Eighth and Ninth avenues, and called Bloomingdalc square, as laid down and designated on the map or plan of the city of New York, made by the com- missioners appointed in and by the act entitled "An Act relative to improvements touching the laying out of streets and roads in the city of New York, and for other pur- poses," passed April third, one thousand eight hundred and seven, is hereby closed and discontinued on said map or plan of said city of New York. § 2. Fifty-fourth, Fifty-fifih, and Fifty-sixth streets, aa they are laid down and designated on the said map or plan of the city of New York, shall be respectively continued and extended over and through the said plot of land called Bloomingdale square, from the westerly side of the Eighth avenue to the easterly side of the Ninth avenue, and the said map or plan is hereby altered accordingly. The said streets shall be so continued in like manner, and with the like effect as if the same had been thus laid out by the commissioners aforesaid. Doc. No. 9.) 74 § 3. This act shall take effect immediately. State op Nrw York, ) Secrelary^s Office. ) I have compared the preceding with the original law on file in this office, and do hereby certify that the same is a correct transcript therefrom and of the whole of said original law. Given under my hand and seal of office, at the city of Albany, this twenty fifth Jl. s.] day of March, in the year one thou- sand eight hundred and fifty-seven. N. P. STANTON, Dep. Secretary of State, AN ACT TO AMEND AN ACT ENTITLED AN ACT TO AUTHORIZE THE MAYOR, ALDERMEN, AND COMMONALTY OF THE CITY OS NEW YORK TO BORROW FIVE HUNDRED THOUSAND DOLLARS, FOR THE PURPOSE OF BUILDING A NEW RESERVOIR, PUR- CHASING LANDS AND EXTENDING THE CROTON WATER WORKS," PASSED APRIL 17, 1854, AND TO ENABLE THE SAID CORPORATION TO BORROW, FOR THE SAME PURPOSE, THE FURTHER SUM OF ONE MILLION FOUR HUNDRED AND EIGHT THOUSAND DOLLARS. Passed February 13, 1857, three fifths being present. The People of the State of JVew Yorky represented in Senate and Assembly, do enact as JoUjws: § 1. It shall be lawful for the Mayor, Aldermen and Commonalty of the city of New York, to borrow and raise by loan from time to time, and in such amounts as ihey shall deem advisable, a sum not exceeding the sum of five hundred thousand dollars, by the creation and issuing of a public fund or stock, to be called the Water Stock of the city of New York, of the year eighteen hundred and fifty-four, which shall bear an interest not exceeding six per cent, per annum, and shall be redeemable in the year one thousand eight hundred and seventy-five. § 2. The Mayor, Aldermen and Commonalty of the city of New York, are hereby authorized to borrow, from time to time, such sums as may be required for purchasing land and constructing the new reservoir, a sum equal to ODO million four hundred and eight thousand dollars, ia Doc. No. 9.) 76 addition to the sum of five hundred thousand dollars authorized by the first section of this act, at an interest not exceeding six per cent, per annum, and the principal reimbursable in the year one thousand eight hundred and seventy-five. § 8. Section one of the act hereby amended is repealed. § 4. This act shall take effect immediately. State op New York, > Secretary's Office. \ I have compared the preceding with the original law on file in this office, and do hereby certify that the same is a correct transcript therefrom and of the whole of said original law. Given under my hand and seal of office, at the city of Albany, this twenty-fifth (l. s ] day of March, in the year one thou- sand eight hundred and fifty-seven. N. P. STANTON, Dep. Secretary of State. AN ACT FOB THE BEGULATION AND GOVERNMENT OF THE CBNTAEL PARK, IN THE CITY OP NEW YORK. Passed April 17th, 1857, three fifths being present. The People of the State of JVew Yor/c, represented in Senate and Jfssembly, do enact as follcws: § 1. So much of that piece or parcel of land, bounded southerly by Fifty-ninth street, easterly by the Fifth avenue, northerly by One hundred and sixth street, and westerly by the Eighth avenue, in the city of New York, as has been taken for a public place, confirmed by an order of the Supreme Court, bearing date the fifth day of February, in the year one thousand eight hundred and fifty-six, shall hereafter be known and entitled as " The Central Park," excepting out of said Central Park the land beh)nging to the state of New York, and occupied by and connected with the arsenal, unless the city of New York shall acquire title thereto. § 2. The said park shall be under the exclusive control and management of a Board of Commissioners, to consist of eleven persons, who shall be named and styled " The Commissioners of the Central Park." Three members shall constitute a quorum of the Board for the transaction of business; but no action of the Board shall be deemed final or binding, unless it shall have received the approval of a majority of the Board, whoso names shall be recorded in the minutes. § 3. Robert J. Dillon, James E. Cooley, Charles H. Doc. No. 9.) 78 Russell, John F. Biitterworth, John A. C. Gray, Waldo Hutchings, Thomas E. Field, Andrew H. Greene, Charles W. Elliott, William K. Strong and James Hogg, are- hereby continued and constituted the first Board of Com- missioners. They shall hold their office for five years, and shall receive no compensation for their services; each Commissioner shall nevertheless be entitled to be reim- bursed the amount of his personal expenses in visiting and superintending the said park, not exceeding the sum of three hundred dollars per annum. In case of a vacancy, the same shall be filled by the remaining members of the Board, for the residue of the term then vacant, and all vacancies caused by expiration of terms of office, or neglect or incapacity of qualification, shall be filled by the Mayor, by and wiih the advice and consent of the Board of Aldermen. §4. The said Board shall have the full and exclusive power to govern, manage and direct the said Central Park; to lay out and regulate the same; to pass ordi- nances for the regulation and government thereof; to ap- point such engineers, surveyors, clerks and other officcrs,^ except a police force, as may be necessary; to prescribe and define their respective duties and authority; fix the amount of their compensation; and generally in regard to said park, they shall possess all the power and authority now by law conferred or possessed by the Common Coun- cil of said city in respect to the public squares and places in said city. § 5. It shall be a misdemeanor for any commissioner,, directly or indirectly, to be in any way interested in any contract or work of any kind whatever connected witL 79 (Doc. No. 9. said park; and it shall bo the duty of any commissioner, or oilier person, who may liavc any knowledge or infor- mation of the violation of this provision, forthwith to re- port the same to the Mayor, who shall here such commis- sioner in regard thereto; and if, after such hearing, he shall be satisfied of the truth thereof, the Mayor shall immedi- ately remove the commii?sioncr so offending. Every com- missioner shall, before entering upon the duties of his office, take and subscribe the oath prescribed by the con- stitution of this state, which oath, when subscribed, :jhall bo filed in the office of the clerk of the city and county of New York. § 6. The said Board shall, annually, and in the month of January in each year, make to the Common Council of the said city, a full report of their proceedings, and a de- tailed statement of all their receipts and expenditures. § 7. It shall be lawful for the commissioners to let, from year to year, any buildings, and the grounds attached thereto, belonging to the city of New York, now being within said park, until the same shall be required for the laying out and regulation thereof, when the said buildings shall bo removed, except such as may be used for the pur- poses of the park. § 8. It shall be lawful for the said commissioners to sell any buildings, improvements and other materials now being within the said park, being the property of the city of New York, which, in their judgment, shall not be re- quired for the purj)0scs of the paik, or for public use, the proceeds of wliich shall be deposited to the credit of the commissioners, and devoted to the improvement of the park. Doc. No. 9.) 80 § 9. No plan for the laying out, regulation and govern- ment of said park, shail be adopted or undertaken by the commissioners, of wliicli the entire expense, when funded, shall require for the payment of the annual interest there- on, a greater sum than one hundred thousand dollars per annum. § 10. The Mayor, Aldermen and Commonalty of the city of New York shall, from time to time, create and issue a public fund or stock, to be denominated ** The Central Park Improvement Fund,'' in such sums of money as shall be required by the said Board of Commissioners, for the purposes of this act, subject to the limitations pre- scribed by the preceding ninth section hereof; all the provisions of the act entitled " An act to regulate the finances of the city of New York, passed June eighth, eighteen hundred and twelve," so far as the same may be applicable, shall apply to the stock or fund thus created: such stock or fund shall be redeemable in thirty years from the issuing thereof: and the said park shall be and the same is hereby specifically pledged for the redemption thereof. § 11. For the payment of the interest upon the said stock or funds, the Board of Supervisors of the city and county of New York, shall order and cause to be raised, by tax on the estates real and personal, subject to taxation, according to law, within said city and county, and to be collected in addition to the ordinary taxes, yearly, and every year, until the whole amount of such fund or stock be paid, a sum of money sufficient to pay the interest an- nually accruing on said stock or fund, not exceeding the aforesaid limitation of one hundred thousand dollars per annum. 81 (Doc. No. 9. § 12. The moneys raised upon the fund or stock hereby authorized shall be deposited, as fast as the same shall be realized, by the said Mayor, Aldermen and ComniODalty, to tlic credit of the said Board of Commissioners, with tho New York Life Insurance and Trust Company, or with tho United States Trust Company, of New York, or with a bank or banks, as either shall be designated by said Board. Such company, or bank or banks, shall allow interest upon Buch deposits as may be agreed upon with said Board, and shall open and keep an account with said Board. All moneys received by said commissioners s'liall be immedi- ately deposited with such com[)&ny or bank, to the credit of their account, ai.d no moneys shall be drawn therefrom except upon a warrant, signed by at least a majority of commissioners, and countersigned by the Comptroller of the city, upon filing with him the I'cccipt or other vouch- ers therefor; nor shall such moneys be drawn therefrom unless the same shall have been specifically authorized by the said Board, at a meeting thereof duly convened, and entered at lengthen their minutes. § 13. It shall be lawful for the said Board of Commis- sioners to agree with the (/'roLon Aqueduct Board of the city of New York, for an exchange of lands belonging to the city of New York, now or hereafter in use for the Croton Aqueduct, and lying within the area bounded southerly by Fifty-ninth sti-eet; easterly by the Fifth avenue; northerly by One hundred and sixth street; and westerly by the Eighth avenue, in the city of New York; provided the same quantity of land, within the said area, be given in exchange, such deeds shall bo executed and 6 Doc. No. 9.) 82 delivered between the parties hereto, as shall give effect to any agreement made under this section. § 14. It shall be lawful for said Board of Commission- ers, at any meeting thereof duly convened, to pass such ordinances as they may deem necessary for the regula- tion, use and government of said park, not inconsistent with the ordinances and regulations of the Corporation of New York; such ordinances shall immediately, upon their passage, be published for ten days in three daily newspapers published in said city, to be selected by said commissioners. § 15. All persons offending against such ordinances shall be deemed guilty of misdemeanors, and be punished, on conviction before the Mayor, Recorder or any magis- trate of the city of New York, by a fine, not exceeding fifty dollars; and in default of payment, by imprisonment not exceeding thirty days. § 16. This act shall take effect immediately. State of New York, ) Secretary's Office. J I have compared the preceding with the original law on file in this office and do hereby certify that the same is a correct transcript therefrom, and of the whole of said original law. Given under my hand and seal of office, at the city of Albany, this twenty-first day [l. 6.] of April, in the year one thousand eight hundred and fifty-seven. N. p. STANTON, Dep. Sec. of State, AN ACT TO PIIOVIDR A MORE CERTAIN CANVASS AND ESTIMATE OF VOTES AT EACH ELECTION IN THE CITIES OF NEW YORK AND BROOKLYN. Chap. 294. —Passed April 7th, 1857, three filths" beingj present. The People of the State of JYew York, represented in Senate and JissemMy, do enact as follows: § 1. There shall be elected three district canvassers at every general election in the cities of New York and Brooklyn, in each election district therein, concurrently with, and in addition to, and in the same manner as in- spectors of election are now elected, and under the same regulations and provisions, and vacancies in the office of district canvasser shall be filled and for the eleetion in said cities next ensuing the passage of this act, the Com- mon Councils of the said cities shall, by joint resolu- tion, before the third Tuesday in October next, appoint, in each election district, the said three district canvassers. § 2. It is hereby made the duty of each district can- vasser so elected or appointed, to attend at least fhirty minutes before the closing of the poll in each election district, at the place of holding the poll, and for the dis- trict for which he has been elected or appointed, and the three district canvassers, or if only two attend, then tho said two attending shall, with one of the inspectors, to bo by them designated, then organize themselves as a board for the purpose of canvassing and estimating the votes, and shall choose one of their number as chairman, but shall have no clerk. Doc. No. 9.) 84 § 3. If onlj one canvasser present himself at the closing of the poll, he shall, in connection with the inspectors of election, immediately fill the vacancies by choosin<]: two competent persons who are citizens, and who shall be sworn by the chairnian of the board that they are such citizens, and that they will faithfully canvass, estimate and state the result of the votes. § 4. If none of the duly appointed canvassers shall pre- sent themselves at the closing of the poll, then it shall be the duty of the inspectors of election to appoint three competent persons who arc citizens, and who shall be sworn by the chairman of the board of inspectors as herein above provided. When the board of dis^trict can- vassers, at the closing of the polls, shall be organized as aforesaid, the board of inspectors, conducting the elec- tion, shall deliver the ballot boxes and the ])oll lists to the said board of district canvassers, and the board of inspectors shall thereupon be dissolved. The board of district canvassers nhall then immediately, without any adiournment or recess, and at the place of tlie po 1, pub- licly proceed to canvass and estimate the votes in the manner and with the powers and duties now prescribed for and enjoined upon the inspectors of election. All the provisions of law now* inspectors, shall be mude appli- cable to the powers, acts and duties of the said district canvassers; and all other persons are prohibited from engaging in and assisting in the canvass and estimate of votes as aforesaid, except the poll clerks of each district, whose duty it shall be to afford and render such services as clerks, as the district canvassers shall require. All persons, inspectors and district canvassers offending 85 (I).;C. .\0. 9 ajrainst l^iis last provision shall be deemed guiiiy of a Diisdcmcanor. * § 3. TliG required statement and copy thereof, of Iho result of the canvass, shall be made and subscribed in public, wiihout adjournment or recess, at the place of election and canvaes; and when ihcy arc so comi'lcted, ready for filing and delivery, shall be then and there forthwiih inclosed in a strong wi appcr and properly scaled and countersigned across the seal by the signature of each districL canvasser, and the same shall thereupon be kept sealed and shall not be opened until the same are produced before the board of ward, city or county can- vassers, when they shall be opened for the canvas>infi of the returns. Whenever any inspector of election of either board of inspectors, or any poll clerk, shall be a candidate for any office whatever, except for inspector or canvasser of election, at any election, his office, as in- spector or as poll clerk, shall immediately become vacant unless he shall publicly have refused, within three days before the day of election, to be a candidate. • § 4. The clerks of the Board of Aldermen in said cities shall, between the third Tuesday of October in each year, and the Tuesday preceding the election, notify every inspector and district canvasser to attend, on any day before the day of holding the election, at the office of tho county elcrk, to take and subscribe the oath prescribed by the constitution. It shall be the duty of said clerks of the county to provide each election poll in the said cities with proper paper, blanks, stationery, sealing wax and lights, at the expense of the county, for the use of the in- spectors and district canvassers. Doc. No. 9.) 86 § 5. The compensation of each inspector of election, and of each district canvasser, shall be five dollars to each for his services at the election, which compensation shall be paid by the Comptroller of the said cities on the voucher for the service; but no payment shall be made to any inspector or district canvasser, who shall not have taken and subscribed the oath or affirmation referred to in the preceding section. § 6. The acting of any inspector or district canvasser, elected or appointed before the day of election, without his having taken or subscribed the oath or affirmation referred to aforesaid, shall be deemed to be and punished as a misdemeanor. § 7. It shall be the duty of the said Board of district canvassers to fully complete the estimate* of the votes in each box in the order prescribed- by law, and to make proclamation of the result, and to complete the returns, and certificates of the votes of the said box in the manner prescribed by this act, before proceeding to the estimate and canvass of the box or boxes, to be next thereafter canvassed. § 8. The names of inspectors of election and of district canvassers, voted for at any election, shall be upon one ballot. The names of the persons to be voted for inspec- tors, shall follow the proper designation of the office of inspectors to be filled, and next thereafter shall follow the names of the persons to be voted for district canvassers, and the said ballot shall be indorsed "inspectors of elec- tion," and district canvassers with the designation of the proper election district added. AN ACT TO AMEND THE PILOT LAWS, PASSED JUNE TWENTY-EIGHTH, EIGHTEEN HUNDRED AND FIFTY-THREE. Chap. 243— Passed April 3d, 1857. Tlie People of the State of A'^ew York, represented in Senate and Assembly, do enact as follows: Sec. 1. Sections seventeen, twenty-one and twenty-nine, of the pilot laws, passed June twenty-eighth, eighteen hundred and fifty-three, are hereby amended so as to read as follows: § 17. For every day of detention in the harbor, of an outward bound vessel, after the services of a pilot have been required and given, except detention shall be caused by such adverse winds and weather that the vessel cannot get to sea; and fur every day of detention of an inward bound vessel by ice, longer than two days for passage from sea to whefi-f, three dollars shall be added to the pilotage. If any pilot shall be detained at Quarantine or elsewhere, by the health officer, for being or having been on board a sickly vessel as pilot, the master, owner, or agent, or consignee of such vessel, shall pay to such pilot all necessary expenses of living, and three dollars per day for each and every day of such detention. § 21. For services rendered by pilots in moving or transporting vessels in the harbor of New York, the fol- lowing shall be his fees. For moving from North to East river, or vice versa, if a seventy-four gun ship, twenty dollars; if a sloop of war, ten dollars; if a merchant ves- Ooc. No. 9.) 88 sel, five dollars, except sncli vessel sliall have arrived from sea, or is ready for and bound to sea, on the day sucli ser- vices for transportation arc rendered; but if the services are rendered thereafter, such payment shall be made; for moving any vessel from the Quarantine lo tlie city of New York, one quarter of tlie sum that would be due for the inward pilotage of such vessel; for hauling any vessel from the river to a wharf, or from a wharf into the river, three dollars, except on the day of arrival or departure of such vessel, § 29. No master of a vessel, under three hundred tons burthen, belonging to a citizen of the United States, and licensed and employed in the coasting trade, by the way of Sandy Hook, shall be required to employ a licensed pilot, but in case the services of a pilot shall have been given, the pilot shall be entitled to the rates established by the act of June twenty-eighth, eighteen hundred and fifty-three. If the master of any vessel above three hun- dred tons burthen, and owned by a citizen of the United States, and sailing under a coasting license to or from the port of New York, by the way of Sandy Hook, shall be desirous of piloting|^his" own vessel, he shall first obtain a license for such purpose, from the Commissioners of Pilots, who are hereby authorized and required to grant iho same, if such master shall, after an examination had by said commissioners, be deemed competent, which said license shall be [and^continue in force one year from the date thereof, or until the determination ol any voyage^ during which the license may expire. For such license, the master to^whom'it shall be granted, shall pay to the said commissioners four cents per ton. All masters of 89 (Doc. Xo. 9. forcin^n vc?scl3, and vessels from a foreign port, and all vessels sailini^ under register, bound to or from the pori of New York, by the way of Sandy Hook, shall take a licensed pilot, or in case of refusal to take such pilot, shall himself, owners or consignees, pay the said i)ilolage, as if one had been employed, and such pilotage shall bo paid to the pilot first speaking or offering his services as pilot to such vessel. Any person not holding a license as pilot, under this act, or under the laws of the state of New Jersey, who shall pilot, or offer to pilot, any ship or vessel to or from the port of New York, by the way of Sandy LI ook, ex- cept such as are exempt by virtue of this act, or any mas- ter or person on board a steam tug or tow boat, who shall tow such vessel or vessels, without such licensed i)ilot on board such vessel or vessels, shall be deemed guilty of a misdemeanor, and on conviction shall be punished by a fine not exceeding one hundred dollars, or imprisonment not exceeding sixty dciys; and all persons employing a person to act as pilot, not holding a license under this act, or under the laws of the state of New Jersey, shall forfeit and pay to the Board of Commissioners of Pilots, the sum of one hundred dollars. § 2. The provisions of this act shall not apply to ves- sels propelled wholly or in part by steam, owned or belonging to citizens of the United States, and licensed and engaged in the country trade. AN ACT IN RELATION TO THE MARINE COURT IN THE CITY OP NEW YORK. Chapter 295.— Passed April 7, 1857, three fifths being present. The People of the State of Mew York, represented in Senate and Assembly, do enact as follows: § 1. Hereafter all summonses issuing out of the Marine Court of the city of New York, may be served by the sheriff of the city and county of New York, or by any other person not a party to the action; the service shall be made and the summons returned, with proof of the ser- vice, to the clerk of said court, within the time now pre- scribed by law, for the service and return of summonses in said court; all other process issuing out of said court, shall be directed to, and served by, the sheriff of the city and county of New York. § 2. The same fees shall be paid for the service of any summons or other process issuing out of said Marine Court, as are now required to be paid for the service of the same. § 3. When the summons shall be served by any other person than the sheriff of the city and county of New York, the like affidavit of such service, shall be made by the person making the same, as is now required by the rules of the Supreme Court of this state. § 4. The plaintiff in the action shall cause to be served with the summons, a copy of his complaint, which com. 91 (Doc No. 9. plaint shall be duly verified, and eball state the amouat for which he demands judgment; and if ihe defendant shall fail to answer on the return of said summons, and the action be upon contract, the clerk of the said court, or ono of the justices thereof, shall render judgment against the said defendant for the amount demanded in said complaint, together with costs. § 5. On the return of said summons, if the defendant shall appear, he shall put in a written answer to the com- plaint, duly verified. The clerk may, thereupon, adjourn the cause, by consent of parties, to any day they may de- signate. § 6. There may be appointed by the clerk of said court a deputy clerk and two assistant clerks, who shall hold their office at the pleasure of said clerk. The deputy clerk shall perform all the duties of the clerk during his absence or inability to act. The said deputy and assistant clerks shall receive an annual compensation, to be fixed by the Supervisors of the city and county of New York. § 7. At the time of issuing any summons, attachment or warrant, the party applying therefor shall pay to the said clerk the sum of one dollar; and, if a trial shall be had ia the action so commenced, the plaintiff therein shall pay to the said clerk an additional sum of two dollars and fifty cents, which said sums shall be received in lieu of all other fees now required by law to be paid the said clerk. § 8. All acts or parts of acts inconsistent with the pro- visions of this act, are hereby repealed. § 9. This act shall take eftect immediately. Doc. x\o, 9.) 92 State op New York, [ !Secretan/s Office, j I have compared the preced- ing (chapters 243, 294 and 2;'5) wiili the original laws on file in this office, and do hereby certify the same to be a correct transcript there Irom, and of the whole ^of said original laws. Given under my hand and seal of office, at the fL.S.J cily of Albany, the tenth day of April, in the year one thousand eight hundred and fifty -seven. N. P. STANTON, Dep. Secretary of State. AN ACT IN RELATION TO THR SALAUiES OF THE OFPrCERS OF THE CRO- TON AQUEDUCT BOAUD IN THE CITY OF NEW YORK. Passed February 17. 1857; two thirds being present. The People of the State of JSTem York, represeiited in Senate and Assembly J do enact as follows: Sec. 1. The Common Council of llic city of New York may, if tlicy deem it expedient, increase the salaries of the present officers or Commissioners forming the Cioton Aqueduct Board of said city, for their present term of olBcc. § 2. This act shall take effect immediately. State of New York, \ Si'cretarf/s O/ficc, ) I have compared the preceding with the original law on file in this oRijc, and do hereby certify that the same is a correct transcript therefrom and of the whole of said original law. Given under my hand and seal of office, at tho [l.S.] city of Albany, this 2 )111 day of March, in the year one thousand eight hundred and lifty- eevcn. N. P. STANTOX. Dep, Secretary of Slate, AN ACT TO ENABLE THE SUPERVISORS OP THE CITY AND COUNTY OP NEW YORK TO RAISE MONEY BY TAX. Passed March 5, 1867; three fifths being present. The People of t>.e State of jYew York, represented in Senate and Assembly, do enact as follows: Sec 1. The Board of Supervisors of the city and county of New York arc hereby empowered, as soon as conve- niently may be, after the passage of this act, to order and to cause to be raised by tax, on the estates, real and per- sonal, subject to taxation, according to law, a sum not exceeding three million six hundred and twelve thousand six hundred and eighty-two dollars, for the objects and purposes following, to wit; Alms-house, eight hundred and forty-three thousand eight hundred dollars. Aqueduct, repairs and improvements, forty-five thou- sand dollars. Belgian pavement, fifty thousand dollars. Board of Health, ten thousand dollars. Construction of Twenty-first Ward Station-house, ten thousand dollars. Contingencies Common Council, fifteen thousand dollars. Contingencies, Mayor's Office, three thousand dollars. City Contingencies, eighty thousand dollars." County Contingencies, forty thousand dollars. City Inspector's Department, eight thousand nine hun- dred and fifty dollars. 95 (Doc. No. 9. Coroiiern' fccf, twenty thousand dollars. Common Council, pay of members, thirty-one thousand four hundred and eighty-eight dollars. Cleaning street?, under contract, and pay of inspectors, two hundred and fifty thousand dollars. Docks and piers, building and repairing, and cleaning and dredging slips. one hundred and seventy-five thousand dollars. Donations, fifteen thousand dollars. Election expenses, twenty thousand dollars. Election expenses, fitting up polls, five hundred dollars. Errors and delinquencies five thousand dollars. Fire Department, for Chief Engineer, seventy-two thou- sand seven hundred and thirty-two dollars. Fire Department, steam fire engines, nineteen thousand five hundred dollars. Interest on Revenue Bonds, two hundred and ninety- five thousand dollars. . Interest en Assessment Bonds, seventy-five thousand dollars. Intestate estates, three thousand dollars. Iron pavements, one hundred and twenty-five thou- sand dollars. Lamps and gas, Harlem district, thirty-five thousand dollars. Lands and places, twenty-five thousand dollars. Lands and places, Fourth avenue parks, thirty thousand dollars. Lands and places, iron railing round Tompkins square, twenty-five thousand dollars. Markets, seven thousand dollars. Mayoralty fees, one hundred and fifty dollars. Doc. No. 9.) 90 Officers' fees, forty thousand dollars. Paving Bowery and Chatham streets, one hundred thou- eand dollars. Polico and fire telegraph, fifteen thousand six hundred and eighty dollars. Printing, eighty-five thousand dollars. Parapet wall, Fiftieth street, between Lexington and Fourth avenues, six thousand doHars. Rent?, thirty thousand dollars. Real estate, thirty-five thousand dollars. Real estate expenses, one hundred thousand dollars. Roads and avenuos, seventy-five thousand dollars. Roads and avenues, grading Eighth avenue, forty thou- sand dollars. Repairs a-nd Supplies, eleven thousand five hundred and forty-four dollars. Repairs to public buildings, including new buildings and buildings for Fire Department, sixty-three thousand dollars. Reconstruction of Fifteenth Ward station-house, twelve thousand dollars. Ren)oving public buildings in opening streets, five thou- sand dollarr. Stationery, twenty thousand dollars. Supplies to public officers, fifteen thousand dollars. Sewers, repairing and cleaning, twenty-lbur thousand dollars. Salaries, four hundred and twelve thousand five hun- dred dollars. Sunken vessels, removing, two thousand dollars. Street expenses and paving, including arrearages of 1856, one hundred thousand dollars. 97 (Doc. No. 0. Socio!}' for Rcrorinatloii of Juvenile Dclinquoit-^, eight tlioiisand dolkirs. Wcllrfaiid pumps, and rcpairiij;):, one tlmurJand dollars. Water pipes and laying-, ninety-one thousand llnco liunilied dollais. Ward maps and surveying for Tax Conni issioncrs, five tliousand dollars. And for sueh oilier expenses as the Mayor, Aldermen, and Commonalty of the city of New Voi-k may be put to by law; j-uch portion of the expenwes of the said city and county of New York, as relates to repaiiinir, re[)avin.f^ and cleaning? streets, in that part of the city lying south of a line running through the centre of Forty -second street, Fhall be assessed only on that i)art of the said city, lying south of the said line. And also, a further sum, not exceeding eiglit liundred and twenty-live thousand live hundied dollars, by tax on the estates, real and personal, snbjeci to taxation, accord- ing to law, wiiliin iIj j said city and county, and to Ixi col- lected according to law, to be a[»plied tow.trd defraying the expenses ol" police in said city and county. And also, the further sum of four Inndi'cd and twenty- one thousand four hundred and nim;ty dollars by tax, on the estates, real aiiil personal. sul)ject to taxation, accord- ing to law, within that p;u t of the city and county of New York, which is or may be de- Secretary's Office, S I have compared the preceding with the original law on file in this office, and do hereby certify that the same is a correct transcript therefrom and of the whole of said original law. Given under my hand and seal of office at the city of Albany, this twenty-fifth day [l. 8. J of March, in the year one thousand eight hundred and fifty-seven. N. P. STANTON, De'p. Secretary of State, AN ACT TO LEGALIZE CERTAIN ACTION OF THEBOABD OF SUPKRVISORS IN THE THE CITY AND COUNTY OF NEW YORK. Passed April .13, 1857, three fifths being present. The People of the State of Jfew York, represented in Senate and jSssembly, do enact as follows: Sec. 1. The resolution passed December twenty-sixth, eighteen hundred and fifty-six, by the Board of Supervi- sors of the city and county of New York, in the following words, viz: — " Resolved, That there be appointed a clerk by the Receiver of Taxes, to assist the Deputy Receiver of Taxes in the discharge of his especial duties, at a salary of one thousand dollars per annum, and that this resolu- tion take effect on, and from the twenty-sixth day of De- cember, eighteen hundred and fifty-six, is hereby declared to be lawful and of binding force." § 2. This act shall take efi'cct immediately. State of New York, i Secretary's Office. ) I have compared the preceding with the original law on file in this office, and do hereby certify that the same is a correct transcript therefrom, and of the whole of said original law. Given under my hand and seal of office, at the city of All)an}'. this tliirteenth day of April, [l. s.] in the year one thousand eight hundred and fifty-seven. N. P. STANTON, Dep, Secretary of State, AN ACT TO LKGAL'ZE CERTAIN ACTION OF THE BOARD OF SUPKRVISORS IN THE CITY AND COUNTY OF NEW YORK. Passed March 10, 1857, three fifths being present. The People of the State of JYtw York, represented in Senate and Jismmbly^ do enact as follows: Sec. 1. The resolution passed December thirteenth, eiglitcen hundred and filty live, by the Board of Super- Tisors of the city and county of New York, in the follow- ing words, viz: ''Resolved^ That the clerks of the police courts be paid for extra services, in addition to their pre- sent salary, at the rate of one sixth of the compensation they now receive, and that this resolution take effect on and from the tirst day of January, eighteen hundred and fifty-two, is hereby (^eclared to bo lawful and of binding forcp. § 2. This act shall take effect immediately. State of New York, ) Secretary's Office. j I have compared the preceding with the original law on file in this office, and do hereby certify that the same is a correct transcript therefrom and ot the whole of said original law. Given under my hand and seal of office, at the city [l. s.] of Albany, this 25th day of Mnrch, in the year one thousand eight hundred and fifty-seven. N. p. STANTON, Dep. Secretary of State. AX ACT IN RFLATTON TO ASSESSMKXTS IX TIIK CITY OP NEW YOIlK, AND TO AMEND THE SEVERAL ACTS IN RELATION THERETO. Pas.«^C(l A{)ril IGth, 1857, three fifths bciii',^ present. The People of the Slate of JVew York, represented in Senate and Jissemhly^ do enact as follows: Sec. 1. There shall be in the city of New York three 'J'ax Coininissioncrs, as now provided for by law, but they Bhall hereafter be designated Commissioners of Taxes and Assessments, and the persons now holding such offices shall coniinue to hold the same until the first Monday of July, eigliiecn hundred and jfifty-nine, when their several terms shall expire. § 2. The Supervisors of said county shall, on the first Monday in June, eighteen hundred and fifty-nine, and every third year thereafter, meet in the City Hall of said city, and proceed to elect, by ballot, three Commissioners of Taxes and Assessments, for the full term of three years. Not more than two names shall be written or i)rinted upon any ballot, and ihe two persons receiving the highest number of votes shall be declared appointed; and the said Supervisors shall immetliately thereafter select f oni tho two persons having the next highest nuniber of votes, the third Commissioner of Taxes and Assessments. Any vacancy in said Board of Commissioners from death, re- signation or oiherwise, shall be filled by said ^'upei visors for the balance of the tei-in for which i^ueh Comini>sioner "^-as apj)ointed. The said Commissionei s, so appointed, shall enter upon their duties on the first Monday of July 'Doc. No. 9.) 102 next ensiling. The annual compensation for each Com- missioner shall be three thousand five hundred dollars, to be paid as a county charge. § 3. In addition to the duties now prescribed by law or hereafter imposed by this act, the said Commissioners, by three of their deputies, especially by them selected and designated for this purpose, shall perform the duties now discharged by the oficers of the Bureau of Assessments, which bureau of the Street Department is hereby abolished. § 4. The offices of Ward Assessors in the city of New York, as heretofore existing, are hereby abolished, and the powers and duties now vested in and performed by those officers, relative to the assessment of real and per- sonal estate, shall hereafter be vested in, and performed by, the officers provided for by this act, and in the manner here- inafter provided; and the provisions of law now existing in respect to the mode and manner of making assessments, by the Ward Assessors in the city of New York, as far as the same are conformable to the supervision of the Com- missioners of Taxes and Assessments, are hereby made applicable to the officers provided for in this act. § 6. The Commissioners of Taxcy and Assessments shall appoint twelve persons, to be known as Deputy Tax Com- missioners, who shall perform, under their direction and supervision, the duties now performed by the assessors of the several wards of said city, and such other duties as they shall prescribe- They shall hold office during the pleasure of the commissioners, and shall receive such an- nual compensation as may be determined by the Board of Supervisors, not to exceed two thousand dollars per annum. 108 ;l)oc. xVo. 9. § 6. It sliall be the duty of the Deputy Tax Commis- sioners, unddr the direction of the Commisioners of Taxes and Assessments, to assess all the taxable property in the several districts that may be assigned to them for that purpose by said commissioners, and shall furnish to them, under oath, a detailed statement of all such property; that said deputies have personally examined each and every house, building, lot, pier, or other assessable property, giving the street, and ward map number of such real estate embraced within said district, together with the name of the owner or occupant, if known, also in their judgment, the sum for which such property, under ordinary circum- stances, would sell, with such other information in detail, relative to personal property or otherwise, as tlie said commissioners may, from time to time, require. Such deputies shall commence to assess real and personal estate on the first Monday of September, in each and every year. § 7. The Board of Supervisors shall assign the said commissioners and their deputies a suitable office or offices in the city of New York, which shall be kept open during the usual days and hours as the other city offices are by law required to be kept open, for the transaction of busi- ness. The books, maps, assessment rolls, and other papers now pertaining to the office of Tax Commissioner, and the Bureau of Assessments of the Street Department shall bo transferred to the custody and control of the Commis- sioners of Taxes and Assessments, and shall continue to be public records, and at all reasonable times shall be open to public inspection. § 8. The said commissioners shall appoint such number Doc. No. y.) 10-i of clerks as the Snpcrvii^ors. by rcpolution, shall prescribe, who sliall hold ollice during the pleasure of the commis- sioners, and receive for their services such compcrisnliou as may be fixed by said Supervisors, to be paid as a county charge, § 9. The said commissioners sliall also appoint, by and "with ihe con^^rnt(>f ihe ."Supervisors, a city sui'vcyor, whose duty it shall be to make the necessary surveys and cor- rections of the ward maps, and also all new maps which may be required lor ihe more accurnlc ai-sessment of real estate. He shall hold uilice 3t the })leasui"e of the com- missioners, and shall receive for his services an annual compensation not to exceed the sum of three thousand dollars, to be fixed by the Supervisors, and paid as a county charge. § 10. The said commissioners shall keep in their office, books to be provided for that purpose, by the Board of Su()ervisors, to be cnlled " the annual recoi d of the assess- ed valuation of real and pei'soiial estate,'' in which shall be entered in detail the assessed valuations of all taxable property within the city and county of New Yoik, and which said books shall be opened for examinntion and correction from the second Monday of January until iho first day o( May, in each and every year, but on said last mentioned day, the same shaH be closed to enable iho commissioners to prei)are asscssinent rolls of the several wards, for delivery to the Supervisors, as hereinafter pro- vided. § 11. The said commissioners, previous to and during the time said books are opened lor ins))Cction, shall ad- vertisL* the fact; in the several iie\vs])apcrs, or in such 105 (Hoc. No. 9. manner as tlicy may dcom most advisable, and llic cliai frcg tliciefor ccrtilicd by ilic rom-nissioncrs yliall he awarded and allowed by tlie Siipervisoi\s as a county cliaigc. § 12. Diirini^ the time the books Fhall be open to public ins[)Cction, as herein before pi ovided; application may bo made by any person considering liimself ag<:^rieved by the assessed valuation of his leal oi- j)ei'sonal estate, to have the same con-ectcd. If such application be made in lela- tion to the assessed valuation of real estate, it must be made in v.'ritin<^, stating the ground of objections thereto, and thereupon the commissioners shall examine into the complaint, and if, in their judgment, the assessment is erroneous, they shall cause the same to be corrected. If such ap[)lication be made in relation to the assscsscd valua- tion of personal estate, the applicant shall be examined under oath by the said commissioners or any of them, and if in their judgment the assessmen-t is erroneous, they shall cause the same to be corrected, and declare tlieir decision thereon, within thirty days after such application shall have been made to them. No reduction shall be made by the Board of Supervisors* of any assessment on real or personal estate' imposed under this act, unless it shall apj)ear, under oath or affirmation, that the party aggrieved was unable to'atlend within the})eviod })iescribed l"or the correction of taxes, by reason of sickness or absence from the city. § Vl. It being the intention of this act to provide for the better C(]ualizalion of the taxation in the city and county of New Yoik, the commissioners may, at any time before the second 1857, three fifths being present. The People of the State of JS\.w Yor/i\ represented in Senate and Jlssembly, do enact as follows: Sec. 1. The Governor of the State of New York ghali appoint five residents of the city of New York as Commis- sioners, to examine the school system of that city. It shall be the duty of such commission to visit such of the institutions for public education in that city as they may deem necessary, to confer with the Board of Education, the Board of Trustees in the several wards, and the other oflficers connected with the school system, or such of them as may request such conference, and also with other parties, desiring to make suggestions in relation to the matter; and to thoroughly examine the organization and operation of the system of public education in that city. And the said commission shall make a written report to the Gover- nor previous to the first day of January next, upon the matters aforesaid, and annex to such a report a draft of a bill making such changes and improvements in the laws relative to public education in that city, as they may deem advisable. § 2. Neither of the said Commissioners shall roceivo any compensation for his services, but the necessary and Doc. No. 9.) 126 reasonaUe expenses of iho said commission shall be paid by the Hoard of Education, out of the school moneys of said eily. *^ § 3. This act shall take effect immediately. State op New York, ) Sicretary\s Office ] I have compared the preceding with the original law on file in this office, and do hereby certify that the same is a correct transcript therefrom and of the whole of said original law. Given under my hand and seal of office, at the city of Albany, this twenty- [l. s.] seventh day of April, in the year one thousand eight hundred and fifty- seven. N. P. STANTON, Dep. Secretary of State. AN ACT RELATIVE TO STAGE ROUTES IN THE CITY OF NEW YORK. Passed April 13tb, 1857. The People of the State of JYew York, represented in Senate and Assembly, do e7iact as follows: Sec. 1. No stage or omnibus route, or authority to run stages or omnibuses in said city, shall hereafter be granted by the Common Council of said city, unless a majority of the owners of property upon the street or streets, avenue or avenues, in or upon which any such route or privilege is to be operated, shall, before the Common Council act on the subject, first consent in writing thereto. § 2. Nothing herein contained shall be construed to im- pair the existing provisions of law relative to the fran- chises of said city, but any stage route or privilege liere- after granted by said Common Council shall be disposed of at public auction, in the manner now provided by law for the disposal of the franchises of said city to the biilder who will give the largest sum per annum, with adequate security, to the Corporation of said city for the right or privilege. § 3. This act shall take efi'ect immediately. State of New York, ) Secretary's Office. ) I have compared the preceding with the original law on file in this office, and do hereby Doc. No. 9.) 128 certify that the same is a correct transcript therefrom and of the whole of said original law. Given under my hand and seal of office, at the city of Albany, this twenty-seventh [l. 8.] day of April, in the year one thou- sand eight hundred and fifty-seven. N. P. STANTON, Dep. Secretary of State. AN ACT TO LEGALIZE THE ACTION OP THE BOARD OF SUPERVISORS IN THE CITY AND COUNTY OF NEW YORK, IN RELATION TO THE PAINTING AND GRAINING OP THE ROOMS OP THE BU- PERIOU COURT. Passed April 17th, 1857, three fifths being present. The People vj the State of J\few York, represented in Senate and Jlssemhly, do enact as follows: Sec. 1. The County Treasurer of the county of New York is hereby authorized to pay to Charles McGill, the sum of three hundred dollars, being the amount of one bill for painting and graining the rooms of the Superior Court in said county, as audited and allowed, pursuant to reso- lution of the Board of Supervisors of said county, passed November tenth, eighteen hundred and fifty-six, with interest on the said bill from the time it was audited and allowed; said resolution is hereby declared to be lawful and of binding force, notwithstanding the said painting and graining was not advertised and contracted for in accordance with the provisions of the charter of said city. State op New York, ) Secretary's Office. \ I have compared the preceding with the original law on file in this office, and do hereby Doc. No. 9.) 130 certify that the same is a correct transcript therefrom and of the whole of said original law. Given under my hand and seal of office, at the city of Albany, this twenty- [l. S.} seventh day of April, in the year one thousand eight hundred and fifty- seven. N. P. STANTON, Dep. Secretary oj State, / AN ACT TO LEGALIZE CERTAIN ACTIONS OF THE BOARD OF SUPER- VISORS IN THE CITY AND COUNTY OF NEW YORK. Passed April 13, 1857, three fifths being present. The People of the State of JVew York, represented in Senate and ^^ssemhly, do enact as follows: Sec. 1. The resolution passed December twenty-sixth, eighteen hundred and fifty-six, by the Board of Super- visors of the city and county of New York, in the follow- ing words, viz: Resolved, That there be appointed a clerk "by the Receiver of Taxes, to assist the De[)uty Receiver of Taxes in the discharge of his especial duties, at a salary of one thousand two hundred dollars per annum, and that this resolution take effect on and from the twenty-sixth day of December, eighteen hundred and fifty-six, is hereby declared to be lawfal and of binding force. § 2. This act shall take effect immediately. State of Nkvv York, ) Secretary's Office. ) I have compared the ])receding with the original law on file in this olfice, and do hereby certify that the same is a correct transcript therefrom and of tlie whole of said original law. Given under my hand and seal of office, at the city of Albany, this twenty-seventh diiy of [L.S.] April, in the year one thousand eight hundred and fifty-seven. N. P. STANTON, Bep. Secretary of State. AN ACT AUTHORIZING THE MAYOR, ALDERMEN AND COMMONALTY OP THE CiTY OP NEW YORK, TO WIDEN BROADWAY OR BLOOM- INGDALE ROAD, BETWEEN FIFTY-SEVENTH AND FIFTY-NINTH STREETS, IN THE CITY OP NEW YORK. Passed April 13, 1857, three fifths being present. The People of ihe Slate of Jfew York, represented in Senate and Jlssembly, do enact as follows: Sec. 1. The street known as Broadway or Bloomingclalc road, in the city of New York, may be widened by the Mayor, Aldermen and Commonalty of the city of New York, between Fifty-seventh and Fifty-ninth streets, to such width as they may deem proper, any thing contained in the act entitled " An act relative to improvements touch- ing the laying out of streets and roads in the city of New York, and for other purposes, passed April third, eighteen hundred and seven,^^ to the contrary notwithstanding. And whenever the said Mayor, Aldermen and Commonalty of the city of New York, shall deem it desirable, in order to improve the access to Central Park, or otherwise, for the public convenience, so to widen the said street, they may order and direct the same to be done in like manner, and the like proceedings shall be thereupon had in rela- tion to the said widening, as if the said widening was in a part of the said city not l.n'd out into streets, avenues, squares and public places by the Commissioners of Streets and Roads in the city of New York, under, and by virtue of the said last-mentioned act; and all the provisions re- lative to the widening of streets in that part of the eaid 183 (Doc. No. 9. city, not laid out as aforesaid, which aro contained in the act entitled "An act to reduce several laws, relating par- ticularly to the city of New York, into one act, passed April ninth, eighteen hundred and thirteen," and the several acts altering and amending the same, shall be con- strued to apply to the said widening. § 2. The commissioners who may be appointed to assess the damage and benefit in consequence of such widening, shall be authorized to assess such part of the expense or damage as they may deem reasonable, upon the Mayor, Aldermen and Commonalty of the city of New York, by reason of such widening being required to facilitate the access to Central Park. State of New York, ) Secretary's Office. ) I have compared the preceding with the original law on file in this office, and do hereby certify the same to be a correct transcript therefrom, and of the whole of said original law. Given under my hand and seal of office, at the city of Albany, this twenty-seventh day of April, in [l. s.] the year one thousand eight hundred and fifty- seven. N. P. STANTON, Dep. Secretary of State, AN ACT TO PROVIDE PAYMENT FOR CERTAIN ARTICLES FURNISHED AND SERVICES PERFORMED FOR THE CITY OF NEW YORK, AND TO LEGALIZE THE ACTION OP THE BOARD OF SUPER- VISORS IN THE CITY AND COUNTY OP NEW YORK, RELATIVE THERETO. Tke People of the State of JVew York, represented in Senate and Assembly, do enact as follows: Sec. 1. The County Treasurer of the county of New York is hereby authorized to pay to Thomas MeSpedon and Charles W. Baker, the sum of seven thousand and thirty eight dollars and sixty-two cents, being the amount of four several bills for blank books, stationery and bind- ing for the office of Register of said county, as audited and allowed, pursuant to resolutions of the Board of Supervisors of said county, passed on the sixteenth day of May, eighteen hundred and fifty-six; on the fifteenth day of July, eighteen hundred and fifty-six, and on the fifteenth day of December, eighteen hundred and fifty-six, with interest on the said several bills from the times when the said bills were so audited and allowed; said resolutions are hereby declared to be lawful and of binding force, not- withstanding the said blank books, stationery and bind- ing were not advertised and contracted for, in accordance with the provisions of the charter of said city. State of Nlw York, ) Secretary's Office, j I have compared the preceding with the original law on file in this office, and do hereby 135 (Doc. No. 9 certify that the same is a correct transcript therefrom and of the whole of said original law. Given under my hand and seal of office, at the city of Albany, this fourteenth fL. s.] day of April, in the year one thou- sand eight hundred and fifty-seven. N. P. STANTON, Dep. Secretary of State, AN ACT IN RELATION TO THE OPENING OF THE SECOND AVENUE IN THE CITY OP NEW YORK. Passed April 10, 1857, three fifths being present. The People of the State of Mew York^ represented in Senate and Assemdy^ do enact as follows: Sec. 1. It shall be the duty of the Counsei to the Corporation of the city of New York, to take the neces- sary legal measures to open such parts of the Second avenue in said city, as have not already been opened. § 2. All laws now in force relative to proceedings for opening streets and avenues in said city, shall apply to the proceedings authorized by this act, except section one of chapter two hundred and nine of the laws of eighteen hundred and thirty nine. Provided, that in assessing the cost of such opening, the Second Avenue Railroad Com- pany shall be assessed for its proportion of benefits to be derived therefrom by the privilege of extending its track through said avenue upon such real estate as they own along the line of said avenue. § 3. The application for the appointment of commis- sioners of estimate and assessment in said proceedings, and the motion for the confirmation of the report of said commissioners, may be made at any special term of the Supreme Court, appointed to be held in and for the city and county of Now York. 137 (Doc. No. 9. State op New York, ( Secretary's Office- S I ^'^^^o compared the preceding wiih the original law on file in this office, and do hereby certify that the same is a correct transcript therefrom, and of the whole of said original law. Given under my hand and seal of office, at the city of Albany, this twenty -seventh [l. 6.] day of April, in the year one thousand eight hundred and fifty-seven. (Signed) N. P. STANTON, Dep. Secretary of State. 4- AN ACT IN RELATION TO THE COLES OR HARLEM BHIDGE, AT THE TKRMINUS OF THE THIRD AVENUE, IN THE COUNTY OP NEW YORK. Passed April 17. 1857; three fifths being present. The People of the State of Jfew York, re-presented in Senate and Assembly, do enact as follows: Sec. 1. On the first day of April, eighteen hundred and fifty-eight, the present toll bridge, built by John B. Coles, and his assigns, over the Harlem river, at the terminus of the Third avenue, in the county of New York, connecting it with the county of Westchester, then to become the property of the people of the state of New York, shall forever thereafter be a free bridge and public highway, and shall be kept in good and sufficient repair, and be maintained and sustained as a free bridge and public high- way by the counties of New York and Westchester, as hereinafter provided. § 2. On the said first day of April, eighteen hundred and fifty-eight, or immediately thereafter, it shall be the duty of the Mayor of the city of New York, and the county judge of the county of Westchester, (until the then next annual meeting of the Board of Supervisors of Westches- ter county, when it shall be their duty to appoint) and they are hereby required to appoint, each for the term of one year from the time of the making thereof, respective- ly, and annually thereafter, in like manner, to appoint a suitable person to attend to the management and have the care and custody of the said bridge, and to attend to its repairing, and open the draw thereof, so as to prevent any 189 (Doc. x\6. 9 unnecessary delay or impediment in the navigation of said river; and the persons so to be appointed shall each ro- ceive an annual compensation, by way of salary, not to ex- ceed seven hundred dollars, to be paid in monihly pay- ments out of the treasury of the said city, upon the usual warrant of the said Mayor and the Comptroller, and out of the treasury of the county of Westchester, in like pay- ments by the county ti-easurer thereof; and the said sala- ries shall be levied and collected in the same manner as other taxes for county charges are levied and collected in the said counties, respectively. § 3. It shall be the duty of the authorities of the coun- ties of New York and Westchester, and they are hereby required forever after the first day of April, eighteen hundred and fifty-eight, to keep, maintain and sustain the 8aid bridge in a good and sufficient state of repair, and to bear and pay their respective shares of the cost and ex- pense thereof, in proportion to their several jurisdictions over the same as defined and fixed by the boundary lines of said counties, respectively; and the cost and expense thereof, as well as the cost and exper.se of the rebuilding of the said bridge, when such rebuilding may be deemed requisite and necessary, as hcfcinaftcr provided, shall be levied and collected as county charges, and shall be borne and paid by the said counties respectively in the aforesaid proportion in the apportionment of the said cost and ex- pense. § 4. Whenever the Mayor and the Street Commissioner of the said city, and the County Judge of the county of W^cstchester, and the Chairman of the Board of Super- visors therein, or a majority of them, (and they and their successors iu office, are hereby constituted a Board of Doc No. 9.) 140 Commissioners for the purpose, to be known as the Com- missioners of the Harlem Bridge,) shall, upon personal in- spection and examination, deem it necessary, and shall cer- tify in a certificate to be by them signed and filed in the office of the county clerk of said counties, that the re- building of the said bridge is requisite and necessary, and the said bridge should be rebuilt and reconstructedy the same shall immediately after such determination and the finding of the said certificate be rebuilt and reconstructed by and under the direction of the aforesaid officers, and they are hereby authorized, empowered, and required to make all necessary engagements and contracts for such rebuilding and reconstruction, and to have said bridge fully rebuilt and reconstructed without any unnecessary delay, and the cost and expense thereof shall be levied and collected as other county charges are levied and collected, and shall be borne and paid by the said counties in the aforesaid proportions chargeable to each of them as here- in before provided. § 5. All acts and parts of acts inconsistent wich this act, are liereby repealed. § 6. This act shall take effect immediately. State of New YomK, ) Secretary's Office. J I have compared the preceding V7ith the original law on file in this office, and do hereby certify that the same is a correct transcript therefrom and of the whole of said original lav.^. Given under my hand and seal of office, at the city of Albany, this twenty-seventh (L. s.] day of April, in the year one thousand eight hundred and fifty-seven. N, P. STANTON, Dep. Secretary of State. AN ACT TO CONFIRM AND LEGALIZK THE RESOLUTION OF Till-: COMMON COUNCIL OF THE CITY OF NEW YORK, Pl^OVIDING FOR TUB WIDENING OF BATTEUY PLACE, AND TO AUTHORIZE. Passed April IS, 1857 — throe fifths being present. The Piople of t'le State of JVcw York, represented in Senate and Assembly, do enact as follows: Sec. 1. The resolution adopted by the Common Coun- cil of the city of New York, on or about the thirty-first day of December, eighteen hundred and fifty-three, pro- viding for the opening of Battery place, in accordance with the plan referred to in said resolution, and on file in the office of the Clerk of the Common Council, is hereby confirmed and made valid and effectual to all intents and purposes; and the Street Commissioner is hereby direct- ed to proceed with said opening, in conformity with said resolution : provided, however, that Battery place bo made not more than seventy feet wide at the corner of Broadway, nor more than two hundred feet wide at tho corner of West street and Battery place; and it is also provided that a ferry slip may be constructed at the foot of Battery place, when widened as aforesaid, not moro than two hundred and fifty feet long, and being fifty feet wide at Battery place: the north side of said slip' to bo placed not nearer to pier number one, North river, than one hundred and nineteen feet at Battery place, nor Dcarcr than one hundred and .«^eventy feet from said pior at the outer end of said slip; and that no pier or wharf ehall be hereafter constructed between tho north side of Doc. No. 9.) 142 said ferry slip and pier uumber one, North river^ nor thG privileges, as at present enjoyed by the occupants of pier number one, in any way interfered with, other than by constructing a bulkhead, which is hereby authorized, be- tween said pier number one and the pier hereby author- ized; and provided further, that the ferry slip and bulk- head, herein authorized, shall not be constructed without the consent of the Common Council, hereafter to be granted by an ordinance duly passed ; and provided further, that the construction of said slips and bulkhead, and each of them, and the ferry, ferry privilege, and every right, benefit or franchise arising from such slip, bulkhead, ferry or ferry privilege, shall be constructed and granted by the Corporation of the city of New York, in the manner now provided by law: provided, however, that the ferry slip, hereby authorized, shall not be extended beyond, nor interfere with, the exterior line of the harbor of the city of New York, as established by law. State of New York, ) Secretary's Office. ) [ have compared the preceding with the original law on file in this office, and do hereby certify that the same is a correct transcript therefrom, and of the whole of said original law. Given under my hand and seal of office, at the city of Albany, this twenty-seventh [l. s.] day of ApriJ, in the year one thousand eight hundred and fifty-seven. N. P. STANTON, Dep. Secretary of State, AN ACT TO ESTABLISH BULKHEAD AND PIER LINES FOR THE PORT OF NE\y YORK. Passed April 17, 1857. The People of the State cf JVew York, represented in Senate and Assembly do tnact as follows: Sec. 1. The bulkhead line, or line of solid filling, and the pier line, adjacent to the shores of the port of New York, are hereby declared and established to be the bulk- head and pier lines recommended to the legislature by the commissioners appointed under the act entitled " Aa act for the appointment of a commission for the preserva- tion of the harbor of New York from encroachments, and to preserve the necessary navigation thereof/' passed March tliirty, eighteen hundred and fifty-five, in their reports of January twenty-seven, eighteen hundred and fifty-seven, and March eighteen, eighteen hundred and fifty-seven, and as laid down on the mops accompanying said report-:, entitled " Atlas of New York harbor, made under the direction of the haibor commission," in two volumes, except that the exteiior or pier head lino from Ninth street, extended to Forty-ninth street, on the New York side of Kast river, shall bo the same as tlie line rec- ommended by the coinmittee of commerce and navigation of the senate, in their report of March seventeenth, eigh- teen hundred and fifty six, and on the maps, hereinafter referred to, in red ink; and a sea wall shall be erected on that lino, from the northeast corner of the bulkhead at the foot of Seventeenth street, to Thirty-eightb street^ Doc. No. 9.) 144 with openings of not less than one hundred feet, and at distances of not less than four hundred and fifty feet apart from centre to centre; and the whole water spaco between the bulkhead line hereby established, and the Bca wall between Seventeenth and Thirty-eighth streets, Bhall be appropriated for piers, on piles or blocks and bridges, and wet basins, and a continuous bulkhead from Thirty- eighth to Forty-ninth street, which bulkhead shall be the exterior line, and line of solid filling; but no pier or other erection or structure, shall be made outside of the said sea wall or bulkhead from Seventeenth to Forty- ninth street, that is to say: 1. Maps of the shores of the city and county of New York. 2. From a point one mile north of Spuyten Duyvil creek, on the east shore of the Hudson river^ thence southerly to the entrance and along the north shores of Spuyten Duyvil creek and Harlem river, and easterly along the north shore of the East river, ta Throg's Neck, in the county of Westchester. 3. From the entrance to Little Neck bay, in the county of Queens, westerly along the south shore of the East river, including Flushing and Gowauns bays, and Newtown Creek, to the westerly end of Coney Island, in the county of Kings. 4. The easterly line of the county of Richmond, to the entrance of the Kill van Kull, and thence along the southerly shore of the Kill van Kull, and the. southerly and easterly shores of Arthur's Kill, or Staten Island Sound, to a point opposite to the eiv 146 (Doc. No. 9. trance of Woodbridge creek, in the state of New Jersey. 5. From the middle of the Kill van Kull, at its entrance from the bay of New York; thence north- erly along the westerly shore of the said bay, and along the westerly shore of the Hudson river, in the state of New Jersey, to a point opposite to the en- trance of Spuyten Duyvil creek. 6. The several islands in the harbor of the York. § 2. It shall not be lawful to fill in with earth, stone, or other solid material, in the waters of said port, beyond the bulkhead line or line of solid filling hereby established, nor shall it be lawful to erect any structure exterior to the said bulkhead line, except the sea wall mentioned in the first section of this act, and piers which shall not ex- ceed seventy feet in width respectively, with intervening water spaces of at least one hundred feet, nor shall it be lawful to extend such pier or piers beyond the exterior or pier line, nor beyond or outside of the said sea wall. § 3. It shall be the duty of the said commissioners, within thirty days from the passage of this act, to verify by their signatures, and to file in the office of the secre- tary of state, there to remain of record, the aforesaid maps, together with a minute written description, by courses and distances, as far as practicable, of the afore- said lines in front of the cities of New York and Brook- lyn, verified in like manner, and file a copy of the de- scription of the said courses and distances in the office of the Street Commissioner of the city of New York, and 10 Doc. No. 9.) 146 the term of the said commissioners is hereby extended to the fifteenth^day of May next. § 4. This act shall take effect immediately. State of New York, ] Secretary's Office, j I have compared the preced- ing with the original law on file in this office, and do hereby certify that the same is a correct transcript there- from, and of the whole of said original law. Given under my hand and seal of office, at the [L.s.J city of Albany, this 27th day of April, in the year one thousand eight hundred and fifty-seven. N. P. STANTON, Dep. Secretary of State. AN ACT TO ENABLE THE SUPERVISORS OF THE CITY AND COUNTY OF NEW YORK TO RAISE MONEY BY TAX. Passed April 16, 1857, three fifths being present. The People of the State of JVeio York, represented in Senate and Assembly, do enact as follows: Sec. 1. The Board of Supervisors of the city and county of New York are hereby empowered, as soon as conve- niently may be, after the passage of this act, to order and cause to be raised by tax, on the estate, real and personal, subject to taxation, according to law, a sum not exceeding fifty thousand dollars, for the purpose of paying arrear- ages in the Department of Repairs and Supplies, for the year one thousand eight hundred and fifty-six. § 2. This act shall take effect immediately. State of New York, } Secretary's Office. ) I have compared the preceding with the original law on file in this office, and do hereby certify that the same is a correct transcript therefrom and of the whole of said original law. Given under my hand and seal of office, at the [l.s.] city of Albany, this 27th day of April, in the year one thousand eight hundred and fifty- seven. N. P. STANTON, Dep, Secretary of State. AN ACT TO LEGALIZE THE ACTION OF THE BOARD OF SUPERYISORS OF THE CITY AND COUNTY OF NEW YORK, PROVIDING PAYMENT FOR CERTAIN SURVEYING AND MAPPING PERFORMED FOR SAID CITY AND COUNTY. Passed April 15th, 1857, three fifths being present. The People of the State of JVevj York, represented in Senate Sec. 1. The resolutions passed January twenty-second, eighteen hundred and fifty-seven, by the Board of Super- visors of the city and county of New York, in the follow- ing words, viz: Resolved, That the bill of Mr. Samuel E. Holmes, for the sum of twenty-five hundred dollars, for surveying and making maps of the Nineteenth Ward of the city of New York, for the use of the Tax Commissioners and Ward Assessors, be and the same is hereby audited and allowed. " Resolved, That A. V. Stout, Esq., County Treasurer, be and he is hereby directed to draw his warrant for twenty-five hundred dollars, in favor of Samuel E. Holmes, for the services mentioned in the foregoing resolution,'^ are hereby declared to be valid, and the same shall be carried into effect. § 2. This act shall take effect immediately. Secretary's Office. ) I have compared the preceding with the original law on file in tliis office and do hereby and Assembly, do enact as follows : 149 (Doc. No. 9. certify that the same is a correct transcript therefrom, and of the whole of said original law. Given under my hand and seal of office, at the city of Albany, this twenty-seventh day [l. b.] of April, in the year one thousand eight hundred and fifty-seven. N. P. STANTON, Bep, Secretary of State. AN ACT TO ESTABLISH A METROPOLITAN POLICE DISTRICT, AND TO PROVIDE FOR THE GOVERNMENT THEREOF. Passed April 15, 1857; three fifths being present. The People of the State of JYew York, represented in Senate and Assembly, do enact as follows: Sec. 1. The counties of New York, Kings, Westchester and Richmond are hereby constituted, for the purposes of this act, into one district, to be called " The Metropolitan Police District of the State of New York." Immediately upon the passage of this act, and thereafter, from time to time, as required by this act, there shall be appointed by the Governor, and by and with the consent of the Senate, (except that during any recess of the Senate the Governor may appoint, subject to the thereafter consent of the same,) five Commissioners of Police, who shall be the chief offi- cers of the said " The Metropolitan Police District," and who shall severally possess and perform therein the pow- ers and duties authorized and enjoined by this act. The said Commissioners, together with the Mayors of the cities of Brooklyn and New York, ex officio^ shall form the Board of Police for the said district, and a majority of them shall constitute a quorum of such Board for the transaction of business. § 2. Three of said Commissioners shall be appointed from the city of New York, one from Kings county, one from the county of Richmond or Westchester. The per- sons so first appointed shall thereupon assemble together 151 (Doc. No. 9. in the office of the Secretary of State, and draw lots among themselves, in the presence of tlie said Secretary of State or his deputy, for three terms of office; one term to expire for three Commissioners upon the first day of May, which will be in the year eighteen hundred and fifty-eight; another term to expire for two Commissioners on the first day of May, in the year eighteen hundred and fifty-nine. Each Commissioner appointed to fill a term succeeding an expiring one, shall be appointed thereafter for a full term of three years, and the appointment for such full term shall be made as provided in section first, and shall be made from the county in which the vacancy occurred. Any vacancy as Commissioner of Police for the said "The Metropolitan Police District" shall be filled by the Board of Police for the residue of the unex- pired term. Any one of the said Cotnmissioners who shall, during his term of office, accept any other place of public trust or emolument, or who shall, during the same period, receive any nomination for an office elective by the people, without publicly declining the same within ten days succeeding the said nomination, shall be deemed thereby to have vacated his office. Any one of the Com- missioners aforesaid may be at all times removed by the Governor, under the provisions of the statutes relating to the removal from office of sheriffs, which provisions are hereby extended so as to relate to each one of the said Commissioners. § 3. Upon the conclusion of the drawing for terms of office provided for in the preceding section, the said Secre- tary of State or his deputy, shall file a certificate of the result thereof, and give to each Commissioner the proper certificate of his office, according to the term ho shall have Ooc. No.|9.) 152 so drawn as aforesaid. The said Secretary of State or his deputy, shall then administer the constitutional oath of office to each Commissioner, and make the proper record thereof ; whereupon the said Commissioners may organize themselves into a Board of Police for the said " The Metropolitan Police District," and assume control of the police force thereof. § 4. The officers of the Board of Police shall be a president and a treasurer, who shall each be selected from among the said Commissioners. The Board shall have power to appoint a chief clerk and sis deputy clerks for the said districts, who shall hold office at the pleasure of the said Board. The principal officer of the Board shall be located in such part of the said " The Metropolitan Police District" as maybe deemed most advisable and convenient for the transaction of business. The said office shall be rented by the Board and the Superintendent of Police, hereafter created, shall have office accommodations in the same building with that occupied by the said Board. The office accommodations for the two Deputy Superin- tendents of Police, hereinafter created, may be, at the dis- cretion of the Commissioners, located in any part of the district, except that one Deputy Superintendent of Police shall have office accommodations in the city of Brooklyn. § 5. It shall be the duty of the Board of Police hereby constituted, at all times of the day and night, within the boundaries of the said, The Metropolitan Police District," to preserve the public peace, to prevent crime, and arrest offenders; to protect the rights of persons and property, to guard the public health, to preserve order at every primary and public election; to remove nuisances existing 158 (Doc No. 9. in public streets, roads, places and highways; to provide a proper police force at every firo, in order that thereby the firemen and property may be protected; to protect strangers and travelers at steamboat and ship landings, and railway stations, to see that all laws relating to the observance of Sunday ; and regarding pawnbroker?, mock-auctions, emigrants, elections, gambling, intemper- ance, lottery policies, vagrants, disorderly persons, and the public health are properly enforced; and to obey and enforce all ordinances of Common Councils and Boards of Supervisors, and town and village authorities within the said " The Metropolitan Police District," which are applicable to police or health. ^ 6. The said duties of the Board of Police shall be more especially executed under the direction and control of said board, and according to rules and regulations, which it is hereby authorized to pass, from time to time, for the more proper government and discipline of its sub- ordinate officers, by a police force for the whole of the said " The Metropolitan Police District ;" and authorized to do duty in any part thereof, without regard to residence or county lines. The said police force shall consist of a general superintendent of police, and two deputy superin- tendents of police; five surgeons of police, and so many inspectors, or captains of police, not to exceed forty; so many sergeants of police, not to exceed one hundred and fifty; and so many police patrolmen as may be determined upon by the Board of Supervisors of the county of New York, to be appointed as a quota of the patrol force, to be paid for by said county; and as many police patrolmen as may be determined upon by the Common Council of the city of Brooklyn, to be appointed as a quota of the Doc. No. 9.) 154 patrol force, to be paid for by the city of Brooklyn; and so many police patrolmen as may be determined upon by the Supervisors of the towns of the county of Kings, not included within the municipal jurisdiction of the city of Brooklyn, to be appointed as a quota of the police force, to be paid for by said towns of the county of Kings; and as many police patrolmen as may be determined upon by the Supervisors of the counties of Richmond and West- chester, to be appointed as a quota of the patrol force, to be paid for by said counties respectively, in the mode and manner hereinafter provided; and the aforesaid authori- ties may, from time to time, increase or diminish the num- ber of patrolmen; and, until otherwise provided for as aforesaid, the said quota of patrol force for the county of New York, and for the county of Kings, shall be of the number of patrolmen now existing by law in the cities of New York and Brooklyn. The said offices hereby cre- ated for the said police force shall be severally filled by appointment from the Board of Police, in the mode pre- scribed by this act; and, each person so appointed shall hold office only during such time as he shall faithfully ob- serve and execute all the rules and regulations of the said board, the laws of the state, and the ordinances existing within the district enacted by the city, county, town, and village authorities within the same, and which ordinances apply to such part of the district where the members of the police force may be on duty. § 7. The qualifications, enumeration and distribution of duties, mode of trial and removal from office of each officer of said police force, shall be. particularly defined and the prescribed by rules and regulations of the Board of Police, in accordance with the constitution and laws of this state; 155 (Doc. No. 9. provided, however, that no person shall be so appointed to office, or hold office in the police force aforesaid, who cannot read and write the English language or who is not a citizen of the United States, or who shall not have re- sided within the said, " The Metropolitan Police District" during a term of five years next preceding his appoint- ment, or who shall ever have been convicted of crime; and provided that no person shall be removed therefrom, except upon written charges preferred against him to the Board of Police, and after an opportunity shall have been afforded him of being heard in his defence; and provided, that whenever any vacancy shall occur as inspector of police, the same shall be filled by an appointment from among the persons then in office as sergeants of police; and a like vacancy in the office of sergeants of police shall be filled by appointment from among the persons then in office as patrolmen. § 8. The members of the police force of the said, " The Metropolitan Police District'' shall possess, in every part of the state of Ne^ York, all the common law and statutory powers of constables, except for the service of civil pro- cess; and any warrant for search or arrest issued by any magistrate of the state of New York, may be executed in any part of the state by any member of the police force of the said, ''The Metropolitan Police District," without any backing or indorsement of the said warrant, and according to the terms thereof; and all tiie provisions of sections seven, eight and nine, of chapter two, title two, part four of the Revised Statutes in relation to the giving and taking of bail, shall apply to this act. The general and deputy superintendents and inspectors or captains of police, having just cause to suspect that any felony has Doc. No. 9.) 156 been or is being, or is about to be committed within any building, or on board of any ship, boat or vessel wiihin the said, " The Metropolitan Police District," may enter upon the same at all hours of the day and night, to take all necessary measures for the effectual preservation or detection of all felonies, and may take then and there into custody all persons suspected of being concerned in such felonies, and also may take charge of all property which he or they shall have then and there just cause to suspect has been stolen. § 9. If the general superintendent of police shall re- port in writing to the Board of Police that there are good grounds for believing any house or room within the said "The Metropolitan Police District" to be kept or used as a common gaming house or cock-pit, and if two or more householders, dwelling within the said district and not be- longing to the Metropolitan Police aforesaid, shall make oath in writing before any one of the commissioners of police, and annexed to the said report, (which oath every commissioner of police is hereby empowered to adminis- ter, receive and subscribe,) that the premises complained of by the general superintendent of police, are commonly reported and believed by the deponents to be kept as a common gaming house or cock-pit, it shall be lawful for any commissoner of police, by order in writing, to author- ize the said general superintendent, or either deputy su- perintendent of police, to enter upon such premises, to- gether with such members of the patrol force as shall be directed by the said commissioner, by name, to accompany him or them, and, if necessary, to use force for the pur- pose of effecting such entry, whether by breaking open doors or otherwise, and to take into custody all persons 157 (Doc No. 9 who shall be found therein, and destroy all implements of gaming found therein, and forthwith to convey the said persons before any magistrate of the district, who shall forthwith proceed to hear the proof whether or no any of such persons were in such premises for the purpose of gaming; and if there shall be probable cause for believing that any of such persons were so in such premises for the purpose of gaming, then the said magistrate shall forth- with order, by due commitment, any of the said persons to find good bail, with two householders of the Metropolitan Police District as his sureties, conditioned for his appear- ance at the proper criminal court of the county wherein the said premises are situated, having iurisdiction to try misde- meanors, either at the term thereof then in being, or at the next term thereof, to answer any indictment which may be found thereat, charging him with being in the said premises as a common gambler, or in default thereof, the said mag- istrate shall commit to the common jail or city prison of the county for such trial. The said magistrate shall im- mediately send the proofs in writing to the District At- torney of the county, whose duty it shall be, in preference to any other case in his office of prosecution for any offence, to lay the same before the grand jury of the county, and upon indictment being thereupon found, to immediately try the same in preference to every other case, subject to the discretion of the court. It shall be sufficient in the said indictment to charge that the defendant, (naming liim.) upon a day certain, and at an hour certain, was arrested within a common gaming house and is a common gambler. If the jury are satisfied that the premises in which he was arrested, was kept for purposes of gaming, and tliat ho was present for the purpose of gaming, then Doc. No. 9.) 158 the said defendant may be convicted as a common gam- bler. If convicted as such common gambler, then the court shall forthwith sentence him as for a misdemeanor, to an imprisonment not less than ten days in the jail of the county, or penitentiary not exceeding one year, and at hard labor therein, or to a fine not less than two hun- dred and fifty dollars, nor more than one thousand dol- lars. The phrase "purposes of gaming" in this section, shall be taken to mean any purpose of playing for wagers of money at any game of chance, by whatsoever name the same shall be known. If the said implements of gaming seized shall have annexed to the same any thing of value, apart from their value as such implements, the said thing of value so annexed to the implements ordered to be des- troyed, shall be returned to the owner thereof. § 10. It is hereby made the duty of the board of police, for more effectually distributing and enforcing its police government and discipline, to divide the said, *' The Metropolitan Police Districts," into precincts not exceed- ing forty, and without regard to county or ward bound- aries, and to assign one inspector or captain of police, and four sergeants of police to each of said precincts. The board may, from time to time, establish a station or sub- stations, in each precinct, for the accommodation of the police force on duty therein. It may, from time to time, detail and change, without regard to, or limitation of, residence, inspectors or captains, sergeants and patrolmen and doormen, to such parts of the district, rivers, creeks and harbors therein, or to such of the police and criminal courts, and to the public offices of the government of the cities of New York and Brooklyn and the quarantine, and emigration offices as it may deem advisable. It shall not 159 (Doc. No. 9. suspend members of the police force from pay for more than thirty days. It shall promulgate all regulations and orders through the general superintendent of police, who shall take the place of the Mayor of the city of New York and of the city of Brooklyn, as being the head of the Police Department or force of the said cities, but always subject to the orders and regulations of the board of police; and it shall be the duty of the police force to re- spect and obey the said general superintendent of police as the head and chief of the same, subject to the rules and regulations and general orders of the Board of Police. § 11. The Board of Police, whenever it shall see fit, shall on the application of any person or persons, show- ing the necessity thereof, appoint and swear any addi- tional number of patrolmen, to do duty at any place within " The Metropolitan Police District," at the charge and expense of the person or persons by whom the appli- cation shall be made; (but not to exceed the yearly sum provided for patrolmen of the force, provided by this act as the general police force,) and the patrolmen so appointed shall be subject to the orders of the Board of Police, and shall obey the rules and regulations of the Board, and conform to its general discipline, and to such other special regulations as may be made, and shall wear such dress or emblem, as the board may direct, and shall, during the term of their holding appointment, possess all the powers, privileges and duties of the patrol force, heretofore prescribed. The persons so appointed may be removed at any time by the Board of Police, without assigning cause thereof, upon one month's notice of the intention so to do, given to the person or persons who applied for the appointment as aforesaid- The Board of Doc. No. 9.) 160 Police may also, upon any emergency, of riot, pestilence, invasion, or during any day of public election or celebra- tion, appoint as many special patrolmen, without pay, from among the citizens as it may deem advisable, and for a specified time, and during the term of service of any such special patrolmen, he shall possess all the powers and privileges, and perform all the duties of the patrol- men of the standing police force of the district, but the Board of Police, in making such appointments, shall in no way interfere with the force of the lawful command of the sheriffs of counties, as now provided for by law, and such special patrol shall wear any emblem to be pre- scribed by the Police Commissioners. § 12. No member of the police force, under penalty of forfeiting the pay which may be due to him, shall with- draw or resign from the police force, unless he shall have given one month^s notice thereof, in writing, to the general superintendent of police, and no person who shall ever have been removed from the police force established by this act, for cause, shall be reappointed by the Board of Police to any office in the said police force. § 13. All stolen property taken by members of the police force, shall be kept in a place, and by a person to be designated by the Board of Police. Every such article of property shall be entered in a book kept for the pur- pose, together with the name of the owner, if ascertained, and the name of the place where found, and of the person from whom taken, with the general circumstances, and the date of its receipt, and the name of the officer recov- ering the same. The Board of Police shall also cause to be kept general complaint books, in which shall be IGl (Doc. No. 9. entered every complaint, preferred upon personal know- ledge of the circumstances thereof, with the name and residence of the complainant. It sliall also cause to bo kept books for the registry of lost, missing ov atolea property, for the general convenience of the public and of the police force of the district. It shall also cause to be kept book of records of 'I'he Metropolitan Police District," wherein shall bo entered tlic name of every member of (he police force, with bis time and place of nativity, the time and place when he became a citizen, if he was born out of the United States, his age, his former occupation, number of family and residence tlicreof, tho date of appointment or dismissal from office, with the cause of the latter. And in every such record, sufficient space shall be left against all such entries wherein to make record of the number of arrests made by such mem- ber of the police force or of any special services deemed meritorious by the inspectors or captains of police. It shall also cause to be kept in proper books, the accounts of the treasurer of the Board, and number of the several meetings thereof, and all receipts for moneys or warrants or checks for moneys, shall bo written in books kept for the purpose, and the said receipts signed by the person or persons in every case receiving* money, warrants, or checks from the treasurer. All such books shall be, at all business hours, and when not in actual use, open to public inspection. The Board of Police shall also cause to bo kept and bound all police returns and re[)orts of the districts. § 14. It shall be the duty of the Common Councils of the cities of New York and Brooklyn respectively, in accordance with the practice and ordinances now exist- 11 Doc. No. 9.) 162 ing therein, to provide, at the expense of said cities, respectively, all necessary accommodations within such precincts of the said " The Metropolitan Police District," as shall be contained within the boundaries of the said cities respectively, for the station-houses required by the Board of Police for the accommodation of the police force of such precincts; for the lodging of vagrants and disorderly persons, and for the temporary detention of persons arrested for offences. It shall also be the duty of the said Common Councils respectively to furnish the same suitably, and to warm and light the same by day and night. In case the said Common Councils or either of them neglect or refuse so to do, after having been thereto requested by the Board of Police, then the sM Board may make their own provisions in the premises, and the same, when made, shall become a proper charge and debt for the expenses and disbursement thereof against the said city or cities, whose Common Council has 30 neglected or refused to make provision as afore, said. The accommodations required in the counties of Richmond and Westchester, and in the county towns of King's county, respectively, shall be those ordinarily made and used therein by the criminal authorities, of each town or village therein; and so far as the detention of persons under arrest, is concerned, the same shall be law- ful in any part of the said " Metropolitan Police District," without regard to county lines therein, on direction to that effect by any inspector or captain of police; and in every case of arrest the same shall be made known, within six hours thereafter, to the inspector or captain upon duty, in the precinct wherein the arrest was made by the person making the same, and it shall be 163 (Doc. No. 9. the duty of the siiid inspector, within twolve hours after Such notice, to uiako written return thereof, acconJinj^ to the rules and regulations of the Board of Police, togoilier with the name of the party arrestee], the oflonce. the jtlaeo of arrest and the phice of detention. Th^j Bi>;irti of Police shall provide j^uilable accommodation wiihin tho said The Metropolitan Police District," for the deten- tion of witnesses who arc unable to furn'sh security for their appearance in criminal proceedings, anJ such accom- modations L'hall be in premises other than those employ (id for the confinement of persons charged with crime, fraud, or disorderly conduct; and it shall be the duty of all magistrates, in committing witnesses, to have regard to ihe rules and regulations of the Board of Police, in re- spect to their detention. § 16. All telegraphic apparatus, public police property, books, records and accoutrements, now in the possessioQ of the Police Departments of Brooklyn and New York, are hereby given for the use, (at tho proper places, within the county of Kings and Brooklyn, not to be removed from the county wherein now used.) of the Boaid of Police herein authorized; but the ownersliip of the same, and tho use thereof, as aforesaid, shall be according to tho ordi- nances which the Common Council of the cities in which the said property is situated, have enacted or may hero- after enact. The Board of Police shall have power to enact and maintain, under the general laws of the staij, relating to the telegraph lines, ail such lines of telegraph in such places within the said district, as for purposes of police the Board shall deem necessary. § 10. The necessary expenses incurred in the cxecutioa Doc. No. 9.) 164 of criminal process within tlie pa>d "The Metropolitan Police District," Fhal! be a county chai^re, only against the county from which the said process issued. § 17. The coDStablcs elected by the electors within the counties of Westchester and Richmond, and in the county town of Kings, shall pos>ess all the powers C(^nferred by this act upon {)atroInien of the police force. The Board of Suporvi.-ors in each of the said hist-nieniiivncd counties, and the Supervisors of the county towr, of Kings, in board assembled, may call upon the Bonrd of Police to appoint for duty, within the precincts of winch the said county shall be a part, as many additional inspectors or cnptains, sergeants and patrolmen, as it shall eriumccate and de- scribe, upon appro|)riations to the police fund, the neces- sary expenses and salaries to be incurred thereby. Any of the village or town authorities within ihe said counties respeciively, may also make such deniand upon the Board of Police, upon making the like provisions of pay; atid it shall be the duty of the Board of Police to a]>point such officers, who shall thereafter become regular members of the police force of the district, and subject to all the rules and regulations of the Board, discharge the duty and possess powers and privileges as such membeis. The Supervisors of the counties of Richmond, Westchester and Kings are hereby authorized, from lime to time, to levy and raise by tax upon the real and personal |)roj)erty tax- able within each county, such sum or sums of njoney as may be required to carry into eft'cct the f)rovisions of this section, or the police purposes of this act. § 18. No person holding office under this act shall be liable to military or jury duty, uor to arrest, on a civil pro- 165 (I)ui'. No. 0. cess, or to service of subpoena from civil courts, whilst actually on duty. § 19. The health officer of the port of New York shall have power, at all times, to call upon any of the police force of the district, to a number not exccedinj^ ten, to aid him upon any neces^ury emergency, in enforcing the powers and duties conferred upon his oflfice by law, and it shall thereupon become the duty of any such member of the police force, so called upon, to obey him. But such service shall not coniinuc longer than iwcnty-four hours. § 20. The Board of Police shall, at all times, cause iho ordinances of the cities of New York and Brooklyn to bo properly enforced, and it shall be the duty of said Board, at all times, whenever consistent with the rules and regu- lations of the Board, and with the requiiements of this act, to furnish all information desired, and comply with all the requests made by the Common Councils of the Baid cities, or by the Mayors thereof, or by ihe Boards of Supervisors of the counties of Westchester and Richmond and the county town of Kings. The Board of Police is hereby invested with all the powers now conferred by law upon the Mayors of New York or of Brooklyn, in respect to ordering military assistance in aid of the civil authorities, to quell riots, suppress insurrection, protect the property and preserve the public tranqu llity. The Board of Police j^hall appoint all court clerks prescrii»ed to the judicial districts in which police justices are elected in the city and county of Nesv York, ami it shall designate the courts at which they shall do duty respectively. The Board of Police shall have power to i>sue subpoenas, at test- ed in the name of i:s president, to com[)el betorc it the at- Doc. No. 90 166 tend:3nr>e of witnesses, upon anj proceeding authorized by' its jules nnd regulations. Each Commissioner of Police, the general superintendent of police, and each deputy superintendent of police, and the chief clerk of the Board of Police are hereby given power to administer, take, re- ceive and subscribe all affirmations and oaths to any wit- ness summoned and appearing in any matter or proceed- ing authorized as aforesaid, or to anj depositions neces- sary by the rules and regulations of the Board of Police. Any wilful and corrupt false swearing by any witness or person making deposition before any of the officers last- mentioned, to any material fact in any necessary proceed- ing under the said rules and regulations, shall be deemed perjury, and punished in the manner now prescribed by law for such offence. The provisions of law now exist- ing, in respect to attachment of witnesses before Commit- tees of the Common Council of New York, and to the com- pulsory attendance of the said witnesses to appear and testify before them, are hereby applied to the case of wit- nesses subpenaed before the Board of Police. § 21. It shall be the duty of the Board of Police to detail, on the day of any election within the cities of New York and Brooklyn, at least two patrolmen to each election poll, and shall, in and for each of the said cities, appoint all poll clerks provided for by law, and shall, in and for the said cities, provide ballot boxes for use at general, special and charter elections, and keep custody of the said boxes, except during the taking, receiving and counting of the votes. It shall not be lawful for any person to publicly keep or dispose of any intoxicating liquors upon the first dav of the week, called Sunday, or upon any day of public \ 167 (Doc. No. 9. election within the said " The Metropolitan Police Dis- trict" under a penalty of fifty dollars for each offence, to be sued for and recovered in the name of the people of the state of New York, by the District Attorne}? of the coun- ty wherein the offence is committed, for the benefit of the police continy the preceding section, when collected, shall be paid into the treasury of the said respective cities, and shall be styled the Police Fund, and next immediately paid into the treasury of the state of New York, and shall be paid therein and therefrom under the fiscal regulations of law relating to the School Fund of the state of New York, at least once a month, but not in a sum exceeding, at any one time, one sixth of the whole yearly sum collected; and the sums of moneys collected by the respective cities aforesaid, for the purposes of police therein during the years eighteen hundred and fifty-six and eighteen hundred and fifty-seven, and not expended, in the respective trea- suries of the said cities, shall, immediately upon the or- ganization of the Board of Police, and after due notice to that effect served upon the Comptroller of the city and county of New York and the City Treasurer of Brooklyn, be paid into the state treasury, as part of the Police Fund, and disbursed, as before provided, to the treasurer of the Board of Police, on his properjwarrant in like manner, as aforesaid. § 28, The Treasurer of the Board of Police shall dis- burse all moneys required for the purposes of the said Board, but always upon his check or warrant upon the funds to the credit of the Board, which shall be deposited by the said treasurer in such bank or banks within " The Metropolitan Police District," as shall be designated for that pur[)ose by the Comptroller of the state of New^ York. No expenses other than salaries and pay herein provided Doc. No, 9.) 172 shall ever be incurred by the Board of Police, except for rents, stationery, printing, advertising, fuel and liglits, unless the same shall be expressly authorized, and pro- vision therefor made as a separate county or city charge by the Board of Supervisors for the county, or the joint Board of the Supervisors and Aldermen of the city of Brooklyn, within which the expenditure becomes neces- sary. § 29, The treasurer of the Board of Police shall, before entering upon the duties of his office, execute a bond by himself, together with sufficient sureties, not less than two, in a penalty of fifty thousand dollars to the people of the the state of New York, conditioned for the faithful perform- ance of his duties; the sureties to justify before a Justice of the Supreme Court of the first or second judicial dis- trict. This bond shall be approved by the Comptroller of the state of New York, and shall bo filed in the office of said Comptroller. Whenever any of its conditions shall be violated, the said bond may be sued upon by the Attorney-General of the state, and the proceeds of suit paid to the credit of the Police Fund, provided by section twenty seven. § 30. The Board of Police shall require and make suit- able provisions respecting security to be entered into by the general and de()uty superintendents of police, and by the inspectors of police, and for the taking by members of the police force of an oath of office, and the registry of the same in a book to be kept for that purpose by the Board of Police, wliich oath of office may be taken before any commissioner of police, who is hereby empowered to administer and receive the same. (Doc. No. 9 § 31 From and after the first mcctinpj of the Board of Police, under the provisions of this act, it shall possess all the power and authority heretofore conferred by law upon the Board of Commissioners of Police ol the city of New York, or upon the Mayor, Recorder, and City Jiidfi;G of said city as Police Commissioners, or upon tlic Mayors of New York and Brooklyn respectively, as the heads therein of the respective police departments of those cities, or upon the Aldermen of the city of Brooklyn, which power and authority shall relate to or in any way be connected with the police ^^overnment, police appoint- ments, or police discipline within either of said cities, or wiihin the counties of Kings and New York; and from and after the said first meeting of the Board of Police of ''The Metropolitan Police District," the duty and authority and power of each and all of the aforemen- tioned officers in relation to police government, nppoint- ment and discipline shall wholly cease, and rest, as afore- said, in the said Board of Police constituted by this act, except that the Mayors of Brooklyn and New York shall be, with the commissioners, members, ex ofIicio,of the Board of Police, and entitled to one vote each at every session thereof, when present at its meetings. § 32. From and after the passage of this act, the desig- nation of Chief of Police in the cities of New York and Brooklyn shall be, respectively. Deputy Superintendents of Police, and the persons filling the first-mentioned otlices shall continue, under their new name, to discharge, as be- fore, the duties of heads of the })olicc department in the said res[>cctive cities, but only until a General Superin- tendent of Police siiall be elected and ap[)()int«id by the Board of Police, from and after which they siiali discharge Doc. No. 9.) 174 duty, respectively, as his deputies. From and after the passage of this act, captains of police in New Fork and Brooklyn shall be designated as inspectors or captains of police; lieutenants and assistant captains of police, in said cities, shall be designated sergeants of police, and perform duty concurrently with the sergeants then in office, until the Board shall regulate the proper number of such ser- geants according to the terms of this act; and policemen sliall be designated patrolmen. The present wards of the said cities shall be police precincts within " The Me- tropolitan Police District'' until new ones are made by the Board of Police. The police in the cities of New York and Brooklyn, officers and patrolmen, shall continue to do duty under existing laws, at the passage of this act, and according to the regulations of the departments of New York and Brooklyn, until after the first meeting of the Board of Police, under this act, when the said police shall hold office and do duty under the provisions of the act hereby enacted, and as members of the police force of " The Metropolitan Police District" hereby constituted. § 33. The Board of Police shall remove from office any one of the present members of the police departments of New York or Brooklyn, not possessed of the qualifica- tions set forth in section seven of this act, but shall pro- ceed in the manner prescribed in the seventh section of this act. § 34. The General Superintendent of Police shall make, to the Board of Police, quarterly reports in writing, of the state of " The Metropolitan Police District," with such statistics and suggestions as he may deem advisable for the improvement of the police government and discipline of said district. The Board of Police shall, on or before 1T5 (Doc. No. 9. the first iMonday in Dccenroer in each year, report in writ- ing tlij condition of the police witliin the said police dis- trict to the Governor of the state. § S.'). All statutes, parts of statutes and pr(jvisions of law inconsistent with the provisions of lliis act arc here- by repealed, together with all modes and qualitications of appointment to oflicc, as members of police departments or of elections to office therein, inconsistent with the pro. visions of this act, whether such statutes, provisions, and modes and qualifications relate to the city of Brooklyn or to the county of Kings, or to the city and county of New York. § 35. Whenever, in any statute not inconsistent with this act, the words chief of police shall occur, it shall bo taken to mean general superintendent of police; in lik3 manner the words captain of police shall be dteraed to mean inspector or captain of police; in like manner the vords lieutenant or assistant captains of police shall be taken to mean sergeants of police; and the words police- men and patrolmen shall be identical in meaning in any act not repealed by this act. State of New York, j SccretAiry's Office. j I have compared the preceding with the original law on file in this office, and do hereby certify the same to be a correct transcript therefrom, and of ihe whole of said original law. Given under i:iy hand and seal of office, [l. s.] at the city of Albany, in the year ono thousand eiglit hnn