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I£x ICthrta 
 
 SEYMOUR DURST 
 
 "t ' 'Tort nieduo ^itnfltrdam, ojr Je JAanhntan^ 
 
 FORT NEW AMSTERDAM. 
 
 "When you leave, please leave this book 
 
 Because it has been said 
 "Sver'thing comes t' him who waits 
 
 Except a loaned book." 
 
 Avery Architectural and Fine Arts Library 
 Gift of Seymour B. Durst Old York Library 
 
CHARTER 
 
 I 
 
 OF THE 
 
 CITY OF BROOKLYN. 
 
 Passed April 17, 1854— to take effect January 1, 1855. 
 
 WILLI AMSBURGH : 
 
 L. D ARB EE & SON, BOOK AND JOB PRINTERS, 
 146 Fourth Street, corner of South First. 
 
 18 5 4. 
 
.Att 
 
AN ACT 
 
 TO CONSOLIDATE THE CITIES OF BROOKLYN AND WILLI AMSBURGH 
 AND THE TOWN OF BUSH WICK INTO ONE MUNICIPAL GOV- 
 ERNMENT, AND TO INCORPORATE THE SAME . 
 
 Passed April 17, 1854, three-fifths being present 
 
 The People of the State of New York, represented in Senate and 
 Assembly, do enact as follows : 
 
 TITLE I. 
 
 BOUNDARIES OF WARDS. 
 
 Section 1. All that part of the county of Kings at present km m Boundaries, 
 as the cities of Brooklyn and Williamsburgh and the town of Bush- 
 wick, and which is bounded easterly by the town of Newtown, Q,ueens 
 county, south by the towns of New Lots, Flatbnsh and New Utrecht, 
 and west by the town of New Utrecht and the bay of New York, 
 and north by the East river, shall be united into one municipal 
 corporation, to be known and called the City of Brooklyn. 
 
 § 2. The First ward of the said city shall comprise the following First ward, 
 district, viz : Beginning at a point on Atlantic street where the cen- 
 ter lines of Atlantic and Hicks streets intersect each other, and running 
 thence westerly along the center of Atlantic street and a Jine in con- 
 tinuation thereof to the East river ; thence northeasterly along the 
 East river to a point opposite the center of Fulton street, or a line in 
 continuation thereof; thence southeasterly along the center of Fulton 
 street to the center of Hicks street ; and thence southerly along the 
 center of Hicks street to the place of beginning. 
 
 § 3. The Second ward of said city shall comprise ihe following dis-Spcond 
 trict, viz : Beginning at a point on the East river at the center line wa d ' 
 of Fulton street continued, and running thence southeasterly along 
 the center of Fulton street to a point opposite the center of Sands 
 street ; theuce easterly along the center of Sands street to the center 
 of Bridge street ; thence northerly along the center of Bridge street 
 and a line in continuation thereof to the East river; and theuce 
 westeriy along the East river to the place of beginning. 
 
 § 4. The Third ward of said city shall comprise the following dis- Thi d ward 
 trict, viz : Beginning at a point on Fulton street where the center 
 lines of Fulton street and Hicks street intersect each other, and run- 
 ning thence southeasterly along the center of Fulton street and Fulton 
 avenue to the center of Boerum street ; thence southerly along the 
 center of Boerum street to the center of Atlantic street ; thence west- 
 erly along the center of Atlantic street to the center of Hicks street ; 
 and thence northerly along the center of Hicks street to the place of 
 beginning. 
 
4 
 
 Fourth ward. § 5. The Fourth ward of the said city shall comprise the following 
 district, viz : Beginning at a point where the center lines of S.inds 
 street and Fulton street intersect each other, and running thence 
 easterly along the center of Sands stieet to the center of Bridge street ; 
 thence southerly along the center of Bridge street to the center of 
 Fulton avenue ; and thence northwesterly along the center of Fulton 
 avenue and Fulton street to the place of beginning. 
 
 Fifth ward. § 6. The Fifth ward of said city shall comprise the following dis- 
 trict, viz : Beginning at a point where the center lines of Bridge 
 street and Johnson street intersec 4 each other, and running thence 
 easterly along the center of Johnson street to the center of Navy 
 street; thence northerly along the center of Navy street to the north- 
 erly side of Nassau street ; thence easterly along Nassau street to the 
 southwesterly corner of the United States navy yard ; thence north- 
 erly, northwesterly and northeasterly along the United States navy 
 yard to the East river ; thence westerly along the East river to a 
 point on the continuation of the center line of Bridge street ; thence 
 southerly along the center of Bridge street to the place of beginning, 
 
 Sixth ward. § 7. The Sixth ward of said city shall comprise the following dis- 
 trict, viz : Beginning on the East river, at the center of Atlantic 
 street; thence easterly along the center of Atlantic street to the 
 center of Court street ; thence along the center of Court street to the 
 center of Fourth place ; thence westerly along the center of Fourth 
 place to the center of Henry street ; thence southeasterly along the 
 center of Henry street to the center of Coles street ; thence westerly 
 along the center of Coles street to the center of Hamilton avenue ; 
 thence along the center of Hamilton avenue to the East river ; 
 thence along the East river to the place of beginning. 
 
 Seventh § 8. The Seventh ward of said city shall comprise the following 
 district, viz : Beginning at a point formed by the intersection of the 
 center lines of Washington avenue and Atlantic avenue, and running 
 thence easterly along the center of Atlantic avenue to the center of 
 Bedford avenue ; and thence northerly along the center of Bedford 
 avenue to the center of De Kalb avenue ; thence easterly along the 
 center of De Kalb avenue to the center of Nostrand avenue ; thence 
 northerly along the center of Nostrand avenue to the center of 
 Flushing avenue ; thence easterly along the center of Flushing ave- 
 nue to the center of Division avenue ; thence northwesterly along 
 the center of Division avenue to the intersection of South-Sixth street, 
 in the city of Williamsburgh ; thence westerly along the line of the 
 city of Williamsburgh to the Wallabout bay ; thence southerly along 
 the Wallabout bay to the center of Washington avenue ; and thence 
 southerly along the center of Washington avenue to the place of 
 beginning. 
 
 Eighth § 9. The Eighth ward of said city si i all comprise the following 
 
 wurd - district, viz : Beginning at a point where the center lines of Flat- 
 bush avenue and Fifth avenue intersect, and running thence south- 
 easterly along the center of Flatbush avenue to the line of the town 
 of Flatbush ; thence southwesterly along said Flatbush line to the 
 line'of the town of New Utrecht ; thence southwesterly along said 
 
5 
 
 i 
 
 line, crossing a highway called Martense's lane ; thence southwesterly 
 along said line to the southerly boundary of said city of Brooklyn ; 
 thence northwesterly along the line of New Utrecht to the bay of 
 New York ; thence northeasterly along the said bay and along Gow- 
 anus bay to the center line of First avenue ; thence northeasterly 
 along the center of First avenue to the center of Fifth street ; thence 
 southeasterly along the center of Fifth street to the center of Second 
 avenue ; thence northeasterly along the center of Second avenue to 
 First street ; thence southeasterly along the center of First street 
 to Fifth avenue ; thence northerly along the center of Fifth ave- 
 nue to the place of beginning. 
 
 HO. The Ninth ward of said city shall comprise the following dis- - NTinth ward - 
 trict, viz : Beginning at a point where the center lines of Atlantic 
 street and Flatbush avenue intersect each other, and running thence 
 southeasterly along the center of Flatbush avenue to the line of the 
 town of Flatbush ; thence easterly along said line and along the line 
 of the town of New Lots to the center of Division avenue ; thence 
 northwesterly along the center of Division avenue to the center of 
 Flushing avenue ; thence westerly along the center of Flushing 
 avenue to the center of Ncstrand avenue ; thence southerly along 
 the center of Nostrand avenue to the center of De Kalb avenue ; 
 thence westerly along the center of De Kalb avenue to the center of 
 Bedford avenue ; thence southerly along the center of Bedford 
 avenue to the center of Atlantic avenue ; thence westerly and north- 
 westerly along the center of Atlantic street and Atlantic avenue to 
 the place of beginning. 
 
 §11. The Tenth ward of said city shall comprise the following dis- Tenth ward, 
 trict, viz. : Beginning at a point formed by the intersection of the 
 center of Boerum and Fulton streets ; thence easterly along the 
 center of Fulton street and Fulton avenue to the intersection of Ful- 
 ton avenue and Flatbush avenue ; thence southerly along the center 
 of Flatbush avenue to the center of Fifth avenue ; thence southerly 
 along the center of Fifth avenue to the center of First street ; thence 
 northwesterly along the center of First street to the center of Second 
 avenue; thence southwesterly along the center of Second avenue to 
 the center of Fifth street ; thence westerly along the center of Fifth 
 street to the center of Smith street ; thence southerly along the 
 center of Smith street to the center of Fourth place ; thence westerly 
 along the center of Fourth place to the ce.iter of Court street ; 
 thence along the center of Court street to the center of Atlantic 
 street ; thence along the center of Atlantic street to the center of 
 Boerum street ; thence northeasterly along the center of Boerum 
 street to the place of beginning. 
 
 § 12. The Eleventh ward of said city shall comprise the following Eirvemh 
 district, viz : Beginning at a point where the cen er lines of Fulton ward ' 
 avenue and Bridge street intersect each other; thence running norih- 
 erly along the center of Bridge street to the center of Johnson street ; 
 thence easterly along the center of Johnson street to the center 
 of Navy street ; thence northerly along the center of Navy street to 
 the center of Nassau p treet ; thence easterly along Nassau street to 
 
6 
 
 ■ 
 
 the southeasterly corner of the United States navy yard ; thence 
 northerly along the same to the East river ; thence easterly along 
 the East river and the Wallabout bay to the center of Washington 
 avenue, or a line in continuation thereof ; thence southerly along the 
 center of Washington avenue to the center of Atlantic avenue ; 
 thence westerly and northwesterly along the center of Atlantic ave- 
 nue and Atlantic street to a point where the central lines of Atlantic 
 street and Flatbush avenue intersect each other; thence northwest- 
 erly along the center of Flatbush avenue to the center of Fulton 
 avenue, and from thence westerly along the center of Fulton avenue 
 to the place of beginning. 
 
 Twelfth § 13. The Twelfth ward of said city shall comprise the following 
 district, viz : Beginning in the East river on the center line of Hamil- 
 ton avenue ; thence southerly along the center of Hamilton avenue to 
 the center of Coles street ; thence southeasterly along the center of 
 Coles street to the center of Henry street ; thence northerly along the 
 center of Henry street to the center of Fourth place ; thence south- 
 easterly along the center of Fourth place to the center of Smith street ; 
 thence northerly along the center of Smith street to the center of Fifth 
 street ; thence southeasterly along the center of Fifth street to the 
 center of First avenue ; thence southwesterly along the center of First 
 avenue to Gowanus bay ; thence along the Gowanus bay and East 
 river to the place of beginning. 
 
 Thirteenth § ^4 The Thirteenth ward of said city shall comprise the following 
 district, viz : Beginning at the permanent water line on the easterly 
 side of the East river, where the same would be intersected by the 
 dividing line between the cities of Brooklyn and Williamsburgh ; 
 thence running in an easterly direction along the said dividing line to 
 the center of Ninth street and its intersection with said line ; thence 
 in a northeasterly direction along the center of Ninth street to the 
 center of the intersection of Ninth and Grand streets ; thence in a 
 northwesterly direction along the center of Grand street to the perma- 
 nent line of the East river ; thence southwesterly along the permanent 
 line of the East river to the dividing line between the cities of Brook- 
 lyn and Williamsburgh, the place of beginning. 
 
 Fourteenth §15. The Fourteenth ward of said city shall comprise the follow- 
 ing district, viz : Beginning at the easterly permanent line of the East 
 river, where the same would be intersected by a line drawn through 
 the center of Grand street ; thence ruuning in a southeasterly direc- 
 tion along the center of Grand street to the center of the intersection 
 of Grand and Ninth streets ; thence in a northeasterly direction along 
 the center of Ninth street to the center of the intei section of North- 
 Second and Ninth streets; thence in an easterly direction along the 
 center of North-Second street to the center of the intersection of North- 
 Second street and Union avenue ; thence in a northerly direction 
 along the center of Union avenue to the center of the intersection of 
 Union avenue by Fifth street ; thence in a northeasterly direction 
 along the center of Fifth street to the center of the intersection of 
 North-Fourteenth street by Fifth street ; thence in a northwesterly 
 direction along the center of North-Fourteenth street to the center of 
 
7 
 
 the intersection of North-Fourteenth and First streets ; thence in a 
 southwesterly direction along the center of First stieet to the center 
 of the intersection of First and North-Thirteenth streets ; thence in a 
 northwesterly direction along the center of North-Thirteenth street to 
 the easterly permanent line of the East river ; thence in a southwest- 
 erly direction along the easterly permanent line of the East river to 
 the center of Grand street, the place of beginning. 
 
 § 16 The Fifteenth ward of said city shall comprise the following Fifteenth 
 district, viz: Beginning at the center of the intersection of South- wu,d - 
 Second and Ninth streets ; thence running in a southeasterly direction 
 along the center of South-Second street to the center of the intersection 
 of South Second street by Union avenue ; thence in a northerly direc- 
 tion along the center of Union avenue to the cenler of the intersection 
 of WyekofF street by Union avenue ; thence in an easterly direction 
 along the center of Wyckofl* street to the center of the intersection of 
 Wyckoff street and Bushwick avenue ; thence in a northwesterly di- 
 rection along the center of Bushwick avenue to the cen'er of the 
 intersection of Bushwick avenue and North-Second street : thence in 
 a westerly direction along the center of North-Second street to the 
 center of the intersection of North-Second street and Smith street ; 
 thence in a northerly direction along the center of Smith street to the 
 center of the intersection of Smith street and Richardson street; thence 
 in a westerly direction along the center of Richardson street to the 
 center of the intersection of Richardson and Leonard streets ; thence 
 in a northerly direction along the center of Leonard street to the center 
 of the intersection of Leonard and Van Pelt streets ; thence in a west- 
 erly direction along the center of Van Pelt street to the center of the 
 intersection of Van Pelt street by Fifth street ; thence in a south- 
 westerly direction along the center of Fifth street to the center of the 
 intersection of Union avenue by Fifth street; thence in a southerly 
 direction along the center of Union avenue to the center of the inter- 
 section of Union avenue and North-Second street ; thence in a west- 
 erly direction along the center of North-Second street to the center of 
 the intersection of Ninth street by North-Second street ; thence in a 
 southwesterly direction along the center of Ninth street to the inter- 
 section of Ninth and South-Second streets, the place of beginning. 
 
 §17. The Sixteenth ward of said city shall comprise the following sixteenth 
 district, viz : Beginning at the intersection of Ninth street and the ward - 
 dividing line between the cities of Brooklyn and Williamsburgh ; 
 thence running in a southeasterly direction along the said dividing 
 line to the intersection with the center of the Brooklyn and New- 
 town turnpike ; thence in an easterly direction along the center of 
 said turnpike to the center of its intersection with Bushwick avenue ; 
 thence in a northerly, northwesterly and northeasterly direction along 
 the center of Bushwick avenue to the center of the intersection of 
 Wyckoff street and Bushwick avenue ; thence westerly along the 
 center of Wyckoff street to the center of the intersection of Wyckoff 
 street by Union avenue ; thence in a southerly direction along the 
 center of Union avenue to the center of the intersection of South- 
 Second street by Union avenue ; thence in a northwesterly direc- 
 
8 
 
 tion along the center of South-Second slreet to the center of the 
 intersection of Sou! h -Second and Ninth streets; thence in a sou J h- 
 westerly direction to the center of the intersection of Ninth street 
 and the dividing line between the cities of Brooklyn and Williams- 
 burgh, the place of beginning. 
 Seventeenth ^ 18. The Seventeenth ward of said city shall comprise the follow- 
 ing district, viz : Beginning at the easterly permanent line of the 
 East river, where the same would be intersected by a line drawn 
 through the center of North-Thirteenth street ; thence running in a 
 southeasterly direction along the center of North-Thirteenth street to 
 the center of the intersection of North-Thirteenth and First streets ; 
 thence northeasterly along the center of First street to the center of 
 the intersection of North-Fourteenth and First streets ; thence in a 
 northeasterly direction, along the center of North-Fourteenth street to 
 the center of the intersection of North-Fourteenth street by Fifth 
 street ; thence along the center of Fifth street, in a northeasterly 
 direction, to the center of the intersection of Van Pelt street by Fifth 
 street ; thence in an easterly direction along the center of Van Pelt 
 street to the center of the intersection of Van Pelt and Leonard 
 streets ; thence in a southerly direction, along the center of Leonard 
 street to the center of the intersection of Leonard and Richardson 
 streets ; thence in an easterly direction along the center of Richardson 
 street to the center of the intersection of the Newtown turnpike (or 
 North road) by Richardson street ; thence in a northeasterly direction 
 along the center of the Newtown turnpike, in all its turnings, to the 
 center of the Newtown creek ; thence in a northwesterly direction 
 along the center of Newtown creek, in all its meanderings, to the 
 permanent line of the East river to a point where the permanent line 
 of the East river would intercept the center of Newtown creek, if 
 continued ; thence along the easterly permanent line of the East river 
 in a southerly direction to the center of North-Thirteenth street, to the 
 place of beginning. 
 
 Eighteenth ^ 19 The Eighteenth ward of said city shall comprise the following 
 district, viz : Beginning at the center of the intersection of Richard- 
 son street and Newtown turnpike ; thence running in a northeasterly 
 direction along the center of Newtown turnpike to the center of New- 
 town creek ; thence in a southeasterly direction along the center of 
 Newtown creek to the intersection of the center of the "Williamsburgh 
 and Jamaica turnpike ; thence in a southeasterly direction to a certain 
 rock called "Arbitration rock ;" thence south twenty-seven degrees 
 east one hundred and fifty-five chains to a heap of stones ; thence in 
 the same direct line, until it is intersected by the westerly line of the 
 town of New Lots ; thence in a southerly direction along said last 
 mentioned line to the northerly line of the present city of Brooklyn ; 
 thence northwesterly along said last mentioned line, and along the 
 center of Division avenue, to the center of the intersection of Division 
 and Flushing avenues ; thence easterly along the center of Flushing 
 avenue to the center of the intersection of Flushing and Bush wick 
 avenues ; thence in a northerly, northwesterly and northeasterly, and 
 again northwesterly direction, along the center of Bush wick avenue, 
 
9 
 
 to the center of the intersection of Bushwick avenue and North-Second 
 street ; thence westerly along the center of North-Second street to the 
 center of the intersection of North-Second and Smith streets ; thence 
 northerly along the center of Smith street to, the center of the inter- 
 section of Smith street and Richardson street ; thence along the center 
 of Richardson street to the place of beginning. 
 
 § 20. The said several wards of the said city, except as otherwise Wards to b< 
 provided in this act, shall be considered, and are hereby declared to towns * 
 be, towns of the county of Kings. 
 
 TITLE II. 
 
 OF THE COMMON COUNCIL. 
 
 Section 1. The legislative power of said corporation shall be vested Common 
 in a mayor and a board of aldermen, who together shall form the councl1 - 
 common council. 
 
 $ 2. The board of aldermen shall consist of two aldermen to be Board of 
 elected from each ward. aldermen. 
 
 § 3. Every alderman shall, at the time of his election, be ail Qualifica- 
 elector of the ward in which he shall be chosen, and shall have been tlon - 
 a resident of the city for at least three years immediately previous 
 thereto. 
 
 § 4. The board of aldermen first elected under and by virtue of Classified, 
 this act shall, at its first meeting, be divided into two classes, one of 
 which shall go out in each year. One alderman of each ward shall 
 form one class, and the other aldeimen shall form the other class. 
 The mayor shall then in open board make such classification by lot, 
 certify the same in writing, and file it with the clerk of the board, 
 who shall enter the same on the journal. 
 
 § 5. The first of said classes of the board of aldermen shall hold Term of 
 office for one year ; but after the expiration of the said year, the office ' 
 term of office of the aldermen elected for the said class shall be two 
 years. The second class shall hold office for two years. The alder- Powers, 
 men in each ward shall have the power to cause the streets in their 
 wards to be cleaned, and to make contracts for the same, and to 
 cause the wells and pumps to be repaired ; and in case of their dis- 
 agreement, the mayor shall decide between them in relation thereto, 
 and the expense thereof shall be a charge upon such ward only. In 
 the performance of thjs duty they may require the services of the 
 commissioner of repairs and supplies. 
 
 § 6. The members of the common council shall, unless removed Common 
 for cause, hold office until their places are supplied by the election of termsVf 
 new members, who shall have qualified in the manner provided by office - 
 this act. In case any alderman shall, after his election or during his 
 term of office, remove out of the ward in which he shall have been 
 elected, his office shall be deemed vacant, and he shall no longer act 
 as an alderman. They may also resign their respective offices at 
 any time, by filing written notices thereof with the city clerk, and 
 publishing a copy of such notice in the corporation newspapers ; and Vacancy, 
 the common council shall have power to direct a special election how fllled ' 
 2 
 
I 
 
 10 
 
 to supply any vacancy that may occur, but the person so elected 
 shall hold office only for the residue of the term so vacated, 
 cierk. ^ 7. The common council shall appoint a clerk, who shall perform 
 
 such duties as may be prescribed for him. The clerk so appointed 
 shall also be the city clerk, and hold his office one year, unless re- 
 moved for cause ; and by consent of the common council he may 
 appoint an assistant clerk, for whose acts he shall be responsible. 
 Quorum. § 8. A majority of aldermen elected shall constitute a quorum, 
 but a smaller number may adjourn from time to time, and compel 
 the attendance of absent members. 
 President of §9. The common council shall annually elect a president from its 
 common own body, and in his absence a president for the time being, choose 
 officers, appoint its times and places of meeting, determine the rules 
 of its own proceedings, be the sole judge of the qualifications of its 
 members, keep a journal of its proceedings, and may punish or expel 
 a member for disorderly conduct or a violation of its rules, or declare 
 his seat vacated by reasons of absence, provided such absence be 
 continued for the space of two months. But no expulsion shall take 
 place except by the vote of two-thirds of all the members elected, 
 nor until the delinquent member shall have an opportunity to be 
 heard in his defence. 
 Ordinances, § 10. Every ordinance or resolution of the common council shall, 
 how passed, before it takes effect, be presented, duly certified, to the mayor, and 
 the approval of the minutes by the common council shall be conclu- 
 sive evidence that the said ordinance or resolution has been so pre- 
 sented to the mayor. If he approve of it, he shall sign it ; if not, he 
 shall return it with his objections, and file it with the clerk within 
 ten days after he received it ; the said board shall, at its first regular 
 meeting thereafter, enter the objections at length on its journal, and 
 cause said objections to be published in the corporation newspapers, 
 after which publication it shall proceed to consider the same, and if 
 two-thirds of all the members elected shall then agree to pass the 
 same, it shall take effect as a law ; but in every such case the votes 
 shall be taken by ayes and noes, and entered on the journal. And if 
 such ordinance or resolution shall not be returned by the mayor, 
 within ten days after he has received it, it shall become a law in like 
 manner as if he had signed it. But no such ordinance or resolution 
 shall take effect, in any sense, until the day following the next regular 
 meeting of the board, except by unanimous consent of the board ; in 
 which case it shall take effect upon its being approved by the mayor. 
 Publication § H- The common council shall at least once a year, no^ more 
 and e( x iptS i * nan thirty nor less than twenty days before the annual election, 
 tur i e8 Xpendl publish in such of the newspapers printed in the city as they shall 
 designate, a full statement of all the receipts and expenditures of every 
 description for the fiscal year ending on the 31st day of August pre- 
 ceding such statement, including all the moneys which have passed 
 through the hands of the comptroller or treasurer for any purpose 
 whatever, together with the different sources of city revenue, the 
 amount received under each, the several appropriations made by the 
 common council, the objects for which the same were made, and the 
 
11 
 
 suras expended for each ; also any moneys borrowed upon the credit of 
 the city, whether by temporary loans or by the issue of bonds, the 
 terms upon which they were obtained, the authority under which 
 they were borrowed, and the purposes to which they were applied, 
 and how much of the same or other city indebtedness has been paid, 
 and by what means. The statement shall also include a detailed 
 account of the city property, existing debts of every description, and 
 the condition of the sinking fund, with all such other information as 
 may be necessary for a full understanding of the financial concerns of 
 the city, showing also the relative indebtedness and property of the 
 portions of said city formerly included in the cities of Brooklyn, Wil- 
 liamsburgh and the town of Bush wick. 
 
 § 12. The common council shall hold stated meetings, commencing stated 
 on the first Monday of January ; but the mayor, or in his absence meetings, 
 any three aldermen, may call special meetings, by notice to each of 
 the members of said council, served personally or left at his usual 
 place of abode. 
 
 §13. The common council shall have power within said city to special 
 make, establish, publish and modify, amend or repeal ordinances, powers, 
 rules, regulations and by-laws for the following purposes : 
 
 1. To manage and regulate the finances and property, real and Finances, 
 personal, of the city. 
 
 2. To regulate the wharves, piers and slips owned by the city, and wharves, 
 direct the affairs thereof. 
 
 3. To establish and regulate a day and night police and fire de- Police, 
 partments of the city, within the limits prescribed by law, and to de- 
 fine and regulate the duties and powers of firemen and police. 
 
 4. To license and regulate cartmen, porters, hack, cab, omnibus, Licenses, 
 stage and truck owners and drivers ; and all railroad cars running 
 
 on any railroad established since January first, eighteen hundred and 
 fifty-three ; carriages and vehicles used for the transportation of pas- 
 sengers and merchandise, goods or articles of any kind (or to author- 
 ize the mayor to grant such licenses, and to require the owners to 
 mark the same in such manner as the common council shall desiof- 
 nate ;) weights and measures, surveyors, common cryers, hawkers, 
 pedlers, pawnbrokers, junk shop keepers, sweeps and scavengers, 
 and to fix the rates of compensation to be allowed to them, and to 
 prohibit unlicensed persons from acting in either of such capacities. 
 
 5. To prescribe the places of selling hay, straw, and other articles H*y. 
 from wagons or other vehicles. 
 
 6. To locate, regulate and remove slaughter houses, establish and Markets, 
 regulate public markets, license and regulate butchers, designate the 
 places, times and manner of selling meats, fish, fruits and vegetables, 
 
 and to prohibit persons from selling without license. 
 
 7. To restrain and regulate the running at large of cattle, horses, Cattle and 
 sheep, swine, geese or other animals, and to authorize and regulate flWine - 
 the impounding and sale of the same for the penalty incurred and 
 
 cost of proceedings, and to pass ordinances authorizing the destruc- 
 tion of dogs. 
 
12 
 
 COWB. 
 
 Nuisances. 
 Kites. 
 
 Bathing. 
 
 Racing. 
 
 Burials. 
 
 Guupowder, 
 
 Disorderly 
 houses, and 
 gaming. 
 
 Exhibitions. 
 
 Obstruction 
 of streets. 
 
 Duties of 
 officers 
 
 Drinking 
 houses. 
 
 Unwhole- 
 some busi- 
 ness. 
 
 8. To regulate or prohibit the keeping of cows, swine and other 
 animals. 
 
 9. To prohibit and abate all nuisances. 
 
 10. To regulate and prohibit the flying of kites or any other prac- 
 tice having a. tendency to frighten animals or to annoy persons 
 passing in the streets or on the side-walks in said city. 
 
 11. To regulate or prohibit swimming or bathing in the waters of 
 or bounding the city. 
 
 12. To prevent horse-racing and immoderate driving in said city, 
 and to authorize the stopping of any one who shall be guilty of so 
 doing. . 
 
 13. To regulate the burial of the dead, prohibit interments within 
 such limits* as it may prescribe, purchase land for public burial 
 places, direct the keeping and returning bills of mortality, and to 
 establish such regulations for conveying the dead through the streets 
 of said city as the health, quiet and good order of the city may, in 
 their opinion, require, or to prohibit the same entirely, if necessary. 
 
 14. To prohibit or regulate the keeping and conveying of gunpow- 
 der and other dangerous material, to provide for the forfeiture of the 
 same, and the use of candles and lights in barns, stables and other 
 buildings. 
 
 15. To suppress and restrain disorderly houses and houses of ill- 
 fame, gaming tables, ball alleys, the playing of cards or games of 
 chance in places where liquor is sold to be drank, to destroy all in- 
 struments or devices employed in gaming, and to restrain and punish 
 vagrants, mendicants, street beggars and common prostitutes. 
 
 16. To prohibit or regulate the exhibitions of common showmen, 
 or of curiosities or other public exhibitions tending to create or en- 
 courage idleness and immorality. 
 
 17. To prevent and remove obstructions and incumbrances in and 
 upon all wharves, streets and public places, and the throwing of 
 dirt, filth or rubbish on or from the same into the water adjoining ; 
 to direct and regulate the planting, rearing, trimming and preserv- 
 ing of ornamental and shade trees in the streets, parks and grounds 
 of the city ; to enforce the removal of snow, ice or dirt from the side- 
 walks and gutters, and to direct the sweeping and cleaning of streets 
 by the persons owning or occupying the premises fronting thereon. 
 
 18. To prescribe and define the duties of all officers appointed 
 under this act, not otherwise prescribed for by law. 
 
 19. To regulate victualling houses or cellars, gardens and other 
 places where ardent spirits or other intoxicating drinks may be sold, 
 and to prohibit the keeping of the same, except by persons duly 
 licensed. 
 
 20. To compel the owner or occupant of any grocery, cellar, tallow 
 chandler's shop, soap factory, tannery, slaughter-house, stables, stalls, 
 privy, sewer, or other unwholesome or nauseous house, place or 
 yard, to cleanse, remove or abate the same from time to time, as 
 often as it maypDe necessary for the health, comfort or convenience of 
 the inhabitants, at the expense of the owner or occupant thereof, and 
 to prescribe certain limits within which it shall not be lawful to 
 
13 
 
 erect or establish any offensive or unwholesome manufactory or 
 business. 
 
 21. To prevent or regulate the erection or construction of any ^Jj^° s of 
 stoop, step, platform, bay window, cellar door, area, descent into a 
 
 cellar or basement, sign, or any post or erection, or any projection 
 from any building or otherwise, in, over or upon any street or avenue 
 in, or the removal of any house or other building through said city, 
 and to cause the same to be taken out and removed from such street 
 or avenue at the expense of the owner or occupant of the premises. 
 
 22. To cause sidewalks to be flagged, and new curb and gutter side-walks, 
 stones to be put down and laid, where the same do not conform to 
 
 the ordinances of the common council, except where the want of 
 conformity is the result of the action of the common council or of 
 any city officer or officers, and the expense thereof to be assessed on 
 the adjoining lots, and collected in the same manner as lor regula- 
 ting, grading and paving streets. 
 
 23. To direct the digging down, draining or filling Up of lots, Paining and 
 pieces or parcels of ground, in all cases in which by a vote of two- \ Q t° s 
 thirds they shall decide such digging down, draining, or filling up 
 necessary for preventing any damage or injury to the streets, side- 
 walks, cross-walks, or to the adjoining property, or for abating a 
 nuisance, at the expense of the owners thereof ; to direct the fencing 
 
 in or closing of vacant lands in said city, and the building and 
 maintaining of sufficient brick or stone walls between any lot or 
 piece of land and any street or avenue adjoining the same in said 
 city, in all cases where such lots or pieces of land shall not properly 
 conform to the level of the streets or avenues adjoining the same, 
 and to require such wall to be built upon any lot or piece of land 
 which shall not so conform, at the expense of the owner or owners 
 thereof, and to be so constructed as to prevent the draining or 
 running of water or any other thing from any street or avenue 
 upon any such lot, and so as to maintain, uphold and preserve the 
 sidewalk of any such street or avenue, and to assess and collect the 
 expenses thereof in the same manner as for regulating, grading and 
 paving streets ; but before any ordinance shall be passed for any of 
 the purposes in this, or the last preceding subdivision mentioned, ten 
 days' notice of the application for or the intention to pass such ordi- 
 nance shall be given to every person to be affected thereby, either 
 personally or by publication in the corporation newspapers. 
 
 24. To fix and determine a reasonable compensation to be paid to Pay of 
 any officer of said city, or other person employed by them, for any officer> - 
 service, required of him by this act or by any ordinance or resolution 
 passed by them, for which no specific fee or compensation is provided 
 
 by this act, to be paid by the person or persons for whom such service 
 shall be performed, for the use of the city : and to regulate the com- 
 pensation for the services of any officer of said city, or other person 
 employed by him, for searching the books, files or records of said city 
 for private persons. 
 
 25. To regulate the construction of chimneys, and to compel the chimneyi, 
 sweeping thereof ; to prevent the setting up or construction of stoves, &c - 
 
14 
 
 Taxes. 
 
 Runners foi 
 boats, &c. 
 
 Special 
 taxes. 
 
 Bread. 
 
 Ringing of 
 bells. 
 
 Dangerou« 
 buildings. 
 
 Duties of 
 officers. 
 
 Correction 
 assessment 
 roll. 
 
 of 
 
 boilers, ovens or other things in such a manner as to be dangerous ; 
 to prohibit the deposit of ashes in unsafe places ; to authorize any 
 city officer, or person or persons whom they may designate for that 
 purpose, to enter upon and inspect any place or places, for the pur- 
 pose of ascertaining whether the same is or are in a safe condition, 
 and if not, to direct or cause the same to be made so ; to regulate 
 the carrying on of manufactories dangerous in causing or pro- 
 moting fires ; to regulate or prohibit the manufacture, sale or use of 
 fireworks or firearms in said city ; to require all such further or other 
 acts to be done, and to regulate or prohibit the doing of all such 
 further or other acts, as they may deem proper to prevent the occur- 
 rence and provide for the extinguishment of fires in said city. 
 
 26. To estimate and determine what amount of money may be 
 raised to defray the annual current expenditure of the city, and to 
 adopt all legal and requisite measures for levying and collecting it. 
 
 27. To regulate and restrain runners for boats, stages, railroads, 
 taverns and other houses, and the running of engines and cars 
 through said city on any railroad established since January first, 
 eighteen hundred and fifty-three. 
 
 28. To raise by tax, annually, a sum not exceeding four thousand 
 dollars towards defraying the expenses of the city hospital, and the 
 sum of one thousand dollars for the celebration of the anniversary of 
 American Independence, and, in the same manner as the expenses of 
 the fire department shall be raised, the sum of one thousand five 
 hundred dollars for the fire department funds of the western and 
 eastern districts of said city, to be apportioned between them accord- 
 ing to the taxable property of each of said districts, and the sum of 
 one thousand dollars, upon the whole city, to bo apportioned between 
 the dispensaries now established in the present cities of Brooklyn and 
 Williamsburgh according to the taxable property of the districts in 
 which they are situated. 
 
 29. To establish assize of bread, and regulate the sale thereof. 
 
 30. To prevent or regulate the ringing and tolling of bells, blowing 
 of horns and crying of goods, and other things in said city. 
 
 31. To raze or demolish any building or erection which, by reason 
 of fire or any other cause, may become dangerous to human life or 
 health, or tend to extend a conflagration. 
 
 32. To limit and define the duties which are by this act required 
 to be performed by the several officers of the city, and to prescribe 
 such other or further duties to be performed by them or any of them, 
 as it may deem proper. 
 
 33. The common council shall have power to correct and rectify 
 any errors committed in any assessment as well for taxes for the 
 various public purposes of the said city as for improvements, local 
 and general, and may exercise such power as well before as after the 
 confirmation of such assessment, on the petition of the person or 
 persons considering themselves aggrieved thereby ; and they may 
 cause to be repaid to the petitioners any excess which may appear to 
 have been paid by them over and above their just and proper tax or 
 assessment, and may also cause to be repaid any amount which the 
 
15 
 
 said petitioners shall have paid when justly and equitably they should 
 not have paid the same. The exercise of this power shall he solely 
 in the discretion of the said common council, and they may or may 
 not exercise the same, as in their judgment the justice and merits of 
 the case may require. 
 
 § 14. The common council shall also have power to make, estab- Making and 
 lish, alter, modify, amend and repeal all such other ordinances, rules, o*STnaiice». 
 police regulations and by-laws, not contrary to the laws of this state 
 or of the United States, as they may deem necessary to carry into 
 effect the powers conferred on it by this act or by any other law of 
 this state ; and such also as they may deem necessary and proper for 
 the good government, order and protection of persons and property, 
 and for the preservation of the public health, peace and prosperity of 
 said city and its inhabitants. 
 
 15. The common council may allow or permit the removal of any Removal of 
 house or other building through or over any street or avenue of said house8 - 
 city ; but in no case shall a building be removed into a fire district. 
 
 § 16. In every by-law, ordinance, or police or sanatary regulation Penalties, 
 the said common council may pass, it may impose such penalty for 
 the violation or non-performance thereof as it may deem proper ; but 
 no such by-law, ordinance or regulation shall extend in its operation 
 beyond the territorial limits of the city. 
 
 § 17. Suits may be prosecuted in the corporate name of the city Suits, 
 against any person or persons who shall violate any provisions of any 
 law, ordinance or regulation of the common council of said city, or 
 who shall neglect or refuse to perform any act or duty thereby 
 required of him or them; and in every such action it shall be suffi- 
 cient to state in the complaint the by-law, ordinance or regulation, 
 and the section thereof, upon which such action is brought ; and pro- 
 ceedings for any violation of the ordinances of the city imposing a 
 penalty, may be commenced by warrant for the arrest of the offender, 
 as well as by summons, to be issued by any magistrate or court 
 having jurisdiction in the case before whom complaint shall be made, 
 under oath, and every police justice and justice of the peace elected 
 in said city shall have jurisdiction in all such cases. 
 
 $ 18. Every general ordinance, by-law, rule or regulation which publication 
 may be passed by the common council, imposing a penalty, shall, JjJ^Tg *" 
 after passage thereof, and before the same shall take effect, be pub- 
 lished for ten days successively in the corporation newspapers. Proof 
 of such publication, by the affidavit of the printer or publisher of such 
 newspaper or papers, taken before any officer authorized to administer 
 oaths, filed in the office of the city clerk, or a copy thereof certified by 
 said city clerk, shall be deemed conclusive evidence thereof in all 
 courts and places ; but such publication may be proved by any other 
 competent evidence. 
 
 $ 19. The common council shall designate such newspapers printed corporation 
 in the western district in said city, not exceeding four in number, in i )a i )crs - 
 which shall be published all ordinances, resolutions, notices and other 
 proceedings which by this act or any other act are or may be required 
 to be published affecting that district, except aB hereinafter otherwise 
 
16 
 
 directed, and it may alter such designation at pleasure ; but notice of 
 such alteration shall be published in the paper or papers employed by 
 it at the time of such alteration. Notices of tax and assessment sales 
 in such district shall be published in the two newspapers having the 
 largest average daily circulation. All notices of tax and assessment 
 sales, and all ordinances, resolutions, notices and other proceedings 
 affecting the eastern district, shall be published in the two daily news- 
 papers printed in that district having the largest average actual circu- 
 lation therein. 
 
 § 20. The aldermen to be elected, as hereinbefore provided, shall 
 be fence viewers within their respective wards, and shall have and 
 exercise all the powers and authority of justices of peace of towns in 
 criminal proceedings, except the discharge of persons in custody ; 
 but shall not be entitled to receive compensation for any services as 
 such justices of the peace. 
 
 § 21. The mayor shall, annually, on or before the first Monday of 
 February, present to the common council and supervisors of the 
 city, in joint meeting, a statement in writing of the several sums of 
 money which he shall deem necessary to be raised by tax for the va- 
 rious purposes contemplated by this act. 
 
 § 22. On that day the said common council and supervisors of the 
 city shall meet in joint board, and then, or as soon thereafter as 
 practicable, shall proceed to determine, by a majority of at least two- 
 thirds of the members present, what sums, in addition to such as 
 may be directed by the board of supervisors of the county of Kings to 
 be raised to defray county charges and entitle the city to its distribu- 
 tive share of the public school moneys, are necessary to defray the 
 contingent and all other expenses of said city, including any interest 
 due or to become due on the public debt of said city, or any portion 
 thereof, as well as any instalments which may become due thereon, 
 together with such sums as shall hereinafter be authorized for the use 
 and benefit of the public schools of said city, or such as may at any 
 time be required by law to be paid into the sinking fund of the city. 
 
 § 23. The whole of said city, except the eighth, ninth and eigh- 
 teenth wards, shall constitute a lamp and fire district, subject to the 
 several provisions for the enlargement thereof hereinafter contained ; 
 and in determining the amount required to be raised by tax, as pro- 
 vided in the last preceding section, the said joint board shall apportion 
 the aggregate amount thereof between the city at large and the several 
 parts thereof, by specifying how much is to be levied upon the city at 
 large, and how much upon the property within the lamp and fire 
 district. 
 
 § 24. The mayor shall preside over such joint board, and the city 
 clerk shall be the clerk thereof, who shall deliver a copy of the resolu- 
 tion, duly certified by the mayor, to the board of supervisors of the 
 county of Kings, at their next annual meeting thereafter ; and the 
 several amounts specified in said resolution shall be assessed and rated 
 by said board upon and among the owners of the estate, real and 
 personal, incorporated companies and associations in said city, in the 
 manner herein directed. 
 
17 
 
 $ 25. No part of the expenses of the lamp and fire district shall Expenses of 
 be raised outside of the same ; nor shall any portion of the eighth, a "Vstdct. 
 ninth and eighteenth wards be included therein ; but the common 
 council may at any time they think proper, by a vote of two-thirds, 
 embrace any of the improved portions of said wards within such dis- 
 trict, and such portions of the said wards may also be annexed to said 
 district upon the application of a majority of the persons interested 
 therein, if the said common council deem it proper so to annex the 
 same. 
 
 $ 26. The common council shall have no power to remit fines for Remission 
 penalties incurred in violation of ordinances, or forfeitures for nonful- of fiues * 
 hlment of contracts for work done in cases where local assessments 
 shall be laid, but such power may be exercised by the mayor, who 
 shall, before the same be effective, transmit his decision to the common 
 council, with his reason therefor in writing, who shall order the publi- 
 cation of the same. 
 
 TITLE III. 
 
 OF CITY OFFICERS, THEIR ELECTION AND DUTIES. 
 
 Section 1. The administrative powers of the said corporation shall officers, 
 be vested in a mayor, chief of police, comptroller, auditor, treasurer, 
 street commissioner, commissioners of repairs and supplies, two col- 
 lectors of taxes and assessments, one for the eastern and one for the 
 western district, and such other officers as shall from time to time be 
 created by law or appointed by virtue of this act. 
 
 $ 2. No person shall be elected or appointed to any office unless he Qualification 
 be at the time of his election a resident and elector of the city, and if for office, 
 elected to any ward or district office, an actual resident in such ward 
 or district ; and his removal therefrom shall vacate such office. 
 
 § 3. Elections for mayor, aldermen, and su *h other officers as are Elections 
 by the provisions of this act to be elected, shall be annually held in 
 each of the wards and election districts of said city, on the day of the 
 general state election, at such places as the common council shall 
 designate. The first election for said officers, except street commis- 
 sioner, collectors of taxes and assessments, and commissioner of 
 repairs and supplies, shall be held on the day of the next general 
 election, in November next, at the same time and places and by the 
 same inspectors as the said general election shall be held, who shall 
 be provided with suitable boxes for the purpose by the same authori- 
 ties, whose duty it shall be to provide boxes for such general election. 
 The common councils of Brooklyn' and Williamsburgh, respectively, 
 and the supervisors and justices of the peace of Bushwick, shall 
 designate election districts and appoint inspectors for the said first 
 election for the additional wards laid out by this act in their respec- 
 tive municipalities. The electors shall vote by ballot in the district 
 where they actually reside. 
 
 $ 4. On the outside of each ballot, when folded, shall appear, writ- 
 ten or printed, one of the following words, " City," " Excise," but no a ° '* 
 ballot found in the proper box shall be rejected for want of such en- 
 3 . 
 
18 
 
 Statements 
 of i-anvass. 
 
 Cnnva«s of 
 N 'VRint>er, 
 1854. 
 
 Bo-rd of 
 canvassers. 
 
 Stntem"nt 
 of vote*. 
 
 dorsement. The ballot endorsed " City," shall contain the names of 
 all the city and ward officers then to be chosen (except commissioners 
 of excise,) any or either of them ; and the ballot endorsed 44 Excise," 
 the names of the commissioners of excise to be chosen, any or 
 either of them ; such ballots shall be deposited in separate boxes, to 
 be provided by the city for that purpose, and all the provisions of law 
 in respect to the election of state officers shall be deemed to apply to 
 elections held under this act, so far as the same are applicable and 
 consistent therewith. 
 
 $ 5. The original statements which shall be made of the canvass 
 shall be duly certified by the inspectors. They shall deliver one copy 
 thereof, together with a copy of the poll lis's, to the city clerk, and 
 another copy of each to the chairman of the board of canvassers 
 within twenty-four hours afier the closing of the polls, which shall re- 
 main with them until delivered to the board of canvassers, without 
 alteration, supplement or arm nd merit. 
 
 § 6. For the purpose of canvassing the votes given for city and 
 ward officers at the general election to be held in November, 1854, 
 the common council of the city of Brooklyn shall appoint twelve of 
 its number, the common council of the city of Williarmburgh shall 
 appoint four of its number, and the inspectors of election of the two 
 election districts of the town of Bushwick shall each appoint one of 
 their number ; such appointments shall be made at least two weeks 
 before said election, and the persons thus appointed shall constitute a 
 board of canvassers for said election, with power to appoint its own 
 chairman and clerk. Said board shall meet and organize in the 
 common council chamber of the city of Brooklyn at least one week 
 before said election ; the statements of canvass shall be delivered to 
 such chairman and clerk, as provided in the fifth section of this title ; 
 and said board shall thereupon proceed to canvass such statements at 
 the same time and in the same manner as hereinafter provided. 
 
 § 7. For the purpose of canvassing the votes given for the city and 
 ward officers at any election except the said election in November, 
 1854, the common council shall constitute the board of canvassers. 
 The mayor, or in his absence the president of said board, shall pre- 
 side, and the city clerk or his assistant shall be the clerk thereof. 
 They shall meet at the room of the common council on the Monday 
 next following the election, at or before five o'clock of that day, and 
 a majority of aldermen shall constitute a quorum. The clerk shall 
 then produce the original statements of canvass in each district, as the 
 same shall have been delivered to him, and from them the board 
 shall proceed to ascertain the votes given at such election for the 
 several persons voted for thereat for the several offices mentioned in 
 such statements. 
 
 § 8. They shall make a written statement of the whole number of 
 votes given for mayor of said city, as well as for the several other 
 officers to be elected for said city and the several wards thereof; the 
 names of the persons to whom such votes were given, and the num- 
 ber of votes given to each. 
 
 § 9. Upon such statement, the board shall proceed to determine 
 
 * 
 
19 
 
 and declare what person or persons have received the highest number Certificate 
 of votes for each of the offices mentioned in such statement. In case ofresult - 
 any two or more persons shall have received an equal number of 
 votes for the same office, the board shall determine by lot between 
 them. The statement and final declaration of the board shall be 
 certified by the presiding officer and clerk, and filed in the office of 
 the city clerk. 
 
 § 10. The clerk shall keep proper minutes of the proceedings of the Minutes-cf 
 board, and enter the same, with the statement and declaration of the board ' 
 board, in the book of minutes of the common council. Said statement 
 and declaration shall, within one week thereafter, be published in one 
 or more of the newspapers printed in each of the districts of said city. 
 And within ten days after the board shall have determined what 
 persons have been elected to the several offices in said city, the clerk 
 shall cause written notices of his election to be given to each of the 
 persons so elected. 
 
 Ml- The mayor shall be elected every two years, and no person Election of 
 shall be eligible to that office unless he has resided in the city at m *y° r - 
 least five years, and has attained the age of twenty-five years. Bis 
 salary shall not be less than two thousand dollars per annum. He 
 shall, by virtue of his office, be a supervisor of the city of Brooklyn, 
 and shall possess all the jurisdiction and exercise all the powers and 
 authority in criminal cases of a justice of the peace of said city, in 
 addition to the powers heretofore given him by this or any other act ; 
 but shall receive no fees for his services as such justice of the peace, 
 or for his services as supervisor. It shall be his duty : 
 
 1. To communicate to the common council, at their first meeting Duties 
 in the mouth of January, each year, and ofteuer if he shall deem it 
 expedient, a general statement, of the situation and condition of the 
 
 city in relation to its government, finances aud improvements, with 
 such recommendations as he may deem proper. 
 
 2. To be vigilant and active iu causing the laws and ordinances 
 of the city to be duly execuled and enforced, aud to exercise a con- 
 stant supervision over the conduct and acts of all subordinate offi- 
 cers, and to examine into all complaints preferred against them for a 
 violation or neglect of duty, and generally to perform all such duties 
 as may be required of him by law; for which purpose he shall have 
 and possess all the authority and power, in criminal cases, to arrest 
 and commit for examination all offenders for offences committed 
 within said city against the laws of this state, of a police magistrate 
 or justice of the peace of any of the towns of this state, and for the 
 preservation of the peace. And shall have the power and authority 
 to issue warrants against any and all persons violating any of the 
 ordinances, by-laws or regulations of the common council or of the 
 board of health, or to direct the proper officers to arrest such persons 
 and summarily to hear, try and determine and dispose of the same, 
 where the penalty imposed by said ordinance, by-law or regulation 
 shall not exceed ten dollars. And in case the penalty imposed by 
 said ordinance, by-law or resolution shall not be paid forthwith, upo.i 
 such person being adjudged guilty, then the said mayor shall have 
 
20 
 
 power, by warrant under his hand and seal, to commit the said 
 offender to the county jail of Kings county for a term not exceeding 
 thirty days, or until the fine is paid ; and in cases wheie the penalty 
 shall exceed ten dollars, the said mayor may, after examination, hold 
 the parties to hail. And in all cases where such person shall hold a 
 license or warrant, granted by the common, council or any of the 
 officers thereof, it shall be lawful for the said mayor to suspend said 
 licenses, or warrant, or the person so found guilty, from the benefits 
 and privileges of said license or warrant, until the common council 
 shall pass upon the same. And it shall be the duty of the mayor to 
 report the fact of such suspension, together with his reason therefor, 
 to the common council at the next meeting thereof. And no person 
 so suspended shall be entitled to any benefils, privileges or rights 
 under such license or warrant until the suspension shall be removed 
 by the common council. 
 
 Vacancies § 12. Whenever there shall be a vacancy in the office of mayor, or 
 whenever the mayor shall be prevented, by absence from the city, by 
 sickness or any other cause, from attending to the duties of his office, 
 the president of the common council, or if the said president shall be 
 absent or disabled, the president to be elected pro tempore, shall act 
 as mayor and possess all the rights and powers of the mayor during 
 the vacancy in office caused by the absence or disability of the 
 mayor or of the president of the common council, and the said pre- 
 sident shall receive the same compensation as the mayor, while 
 acting in such capacity. 
 
 Comptroller. § 13. There shall be a comptroller, who shall be elected by the 
 city at large every three years, except as hereinafter mentioned. He 
 shall render to the common council, as often as required, a full and 
 detailed statement of all the receipts and disbursements of the city 
 government from time to time, specifying the amounts expended and 
 unexpended on each appropriation made by the common council, 
 with the state of account, together with a general statement of the 
 liabilities and resources of the city, and such other information as 
 may be necessary to a full understanding of the financial affairs of 
 the city. He shall also, under the direction of the common council, 
 prepare the annual statement hereinbefore directed to be published, 
 and manage all the financial concerns of the corporation, in addition 
 to such duties as may be required of him by law, and shall be en- 
 titled to receive such salary as the common council shall determine, 
 and by consent of the common council may appoint a deputy comp- 
 troller, for whose acts he shall be responsible. He may administer 
 an oath to any person or officer who shall be required to render any 
 account or make any return to him, or furnish proof of his right to 
 receive any sum of money, or any evidence of indebtedness from the 
 said comptroller, or from the city of Brooklyn. 
 
 street com- $ 14. There shall be a street commissioner, who shall be elected by 
 
 missiouer. ^ e c j tv at j ar g e every three years. He shall perform all such ser- 
 vices as may be directed in relation to the opening, widening or 
 regulating, grading and paving streets and avenues, with such other 
 duties as may from time to time be prescribed for him by the common 
 
21 
 
 council, not inconsistent with this office. He shall receive and have 
 charge of all maps, books and papers appertaining to his department, 
 and shall be entitled to such salary as the said common council shall 
 determine ; and by consent of the common council may appoint a 
 deputy street commissioner, for whose acts he shall be responsible, 
 and who shall hold his office during the pleasure of the street com- 
 missioner. The deputy street commissioner shall possess all the 
 powers and discharge all the duties of the street commissioner, in case 
 of the absence of that officer. The street commissioner shall also have 
 power to appoint such other clerks and subordinates in his depart- 
 ment as the common council shall from time to time deem necessary. 
 
 $ 15. There shall be a treasurer, who shall be elected by the city Treasurer, 
 at large every three years, except as hereinafter mentioned, who shall 
 receive and deposit daily, under the direction of the common council, 
 all moneys belonging to the city in such banks, to the credit of the 
 city, as the common council may direct, and upon such terms as the 
 common council may determine, or in default thereof, in such banks 
 as he may think fit, but no greater amount shall be deposited in any 
 one bank than one-quarter of its capital. He shall countersign all 
 warrants, also keep an accurate account of all receipts and payments, 
 and make weekly returns thereof in such manner as the common 
 council shall direct. The common council shall make orders lor the 
 payment of all moneys to be drawn out of the treasury, and no 
 money shall be drawn or paid out of the treasury except in pursuance 
 of such orders appropriating the same, and upon warrants signed by 
 the mayor or acting mayor and comptroller, and countersigned by 
 the city clerk, or in his absence by his assistant. Such warrants 
 shall specify for what purpose the amount therein mentioned is to be 
 paid; the appropriation against which it is drawn, and the date of 
 the ordinance making the same ; and the said clerk shall keep an 
 accurate account of all orders, directing moneys to be paid by the 
 treasurer, in a book. provided for that purpose. 
 
 § 16. There shall be a commissioner of repairs and supplies, who Commisnon- 
 shall be elected by the city at large every three years, except as here- er of re P airs 
 inafter mentioned. He shall, under the direction of the common 
 council, have charge of all repairs and supplies of and for the public 
 buildings, station houses and bell towers, wharves and piers belonging 
 to the city, and of and for the pavements, sides and cross-walks, hie 
 engines and other property of the fire department, lamps, oil and gas, 
 fuel and stationery for the public offices ol the city. He shall perform 
 such other duties as shall from time to time be prescribed for him by 
 said common council, not inconsistent with his office, and receive a 
 salary to be determined by said common council ; and by consent of 
 the common council may appoint a deputy commissioner and tore- 
 man ol repairs and supplies, for whose acts he shall be responsible ; 
 and shall have power, under the direction and by the consent of the 
 mayor and the aldermen of the ward where repairs are required to 
 be performed immediately, to expend in such repairs an amount not 
 exceeding fifty dollars on any such occasion. 
 
 § 17. There shall be an auditor, who shall be elected by the city at Auditor. 
 
22 
 
 large every three years, except as hereinafter mentioned. It shall be 
 his duty to examine all bills presented against the city for payment. 
 No claims against the city, or for local improvements, or otherwise 
 howsoeyer, shall be paid, unless he shall certify the same to have been 
 incurred under due authority of law, and that the services have been 
 rendered or the materials furnished for which such bills may be pre- 
 sented, and that the charges are just and reasonable, or according to 
 contract. He may require the oath mentioned in section twelve of 
 this title, and may administer the same. 
 At-oniey § 18. The common council shall appoint a suitable and proper per- 
 and coan8e ' son aSj anc i w \ 10 shall be the attorney and counsel for the corporation. 
 
 He shall have the management, charge and control of all the law 
 business of the corporation, and the departments thereof, and all the 
 law business in w r hich the city shall be interested ; draw all leases, 
 deeds and other legal papers for the city, and shall be the legal adviser 
 of the mayor and common council and the several departments of the 
 corporation ; he shall have the charge, management and control ol, 
 and shall conduct all the proceedings necessary in opening, widening, 
 altering or closing streets, avenues, parks, roads or lanes, and all 
 other local improvements of the same kind, and he shall have the 
 power and authority from time to time, during his continuance in 
 office, to authorize an attorney or other person to appear for him in 
 hi.- name, for and on behalf of the said corporation, and conduct and 
 defend suits and proceedings in all courts and places. The said at- 
 torney and counsellor shall devote the whole of the business hours of 
 the day to and for the use of the corporal ion and business above set 
 forth. He shall receive from the common council an annual salary 
 of three thousand dollars, to be paid quarterly, excl sive of all dis- 
 bursements, and in full for all services rendered or perf lmed by him 
 for the corporation, including all attorney and counsel fees arising or 
 which may accrue on any proceedings for local improvements or 
 otherwise ; all which fees shall belong to and t}e paid into the city 
 treasury. The common council shall provide suitable apartments for 
 the said attorney and counsel in the City Hall, with all the necessary 
 furniture and stationery, and shall allow and pay the said attorney 
 and counsel such further sum as may be necessary, not. to exceed two 
 thousand five hundred dollars annually (to be paid quarterly,) in full 
 for the services of any attorney or clerk he may employ, which salary 
 shall be in lieu of all fees and perquisites whatever as such attorney 
 and counsellor, and he shall hold his office for the term of one year 
 from the time of his appointment. 
 Remission of § 19. No fines imposed for a violation of any of the ordinances, 
 fiues by-laws or regulations of the common council shall be remitted by 
 the mayor until after having received the advice in writing of the 
 said attorney and counsellor. And no deed of cession of any sireet 
 or parts of streets, avenues, lanes, roads or parks, shall be accepted 
 by the said common council until the title of the parties ceding the 
 lands on the same shall have been examined and ascertained by the 
 said attorney and counsellor, and he shall report to the common 
 council such fact in writing. The fees and expenses thereof to be 
 
23 
 
 paid by the parties executing the deed of cession, which said fees 
 and expenses shall be paid into the treasury for the use of the city. 
 
 § 20. The city clerk shall, in addition to the duties in this act re- j^* 1 ^' 
 quired of him, have charge of all the papers and documents of the 
 city, countersign all licenses granted by the mayor or board of ex- 
 cise, and keep the record of the proceedings of the common council. 
 He shall perform all the duties of the clerks o( the several towns of 
 this state, not inconsistent with this act. He shall engross all the 
 ordinances of the common council, in a book to be provided for that 
 purpose, with proper indexes, which book shall be deemed a public 
 record of such ordinances, and each ordinance shall be signed by the 
 mayor or acting mayor and said clerk. Copies of all papers duly 
 filed in his office, and transcripts thereof, and of the records of pro- 
 ceedings of the common council, and copies of the laws or ordinances 
 of the said city, certified by him under the corporate seal, shall be 
 evidence in all courts and places of the matters therein contained. 
 He shall also receive and p;iy over to the treasurer all moneys which 
 b. any l;iw or usage are paid to the clerk of the city. 
 
 §21. The common council shall annually appoint so many city pity survey- 
 surveyors as it shall deem proper, and fix their compensation for ser- ors - 
 vices in the opening or grading of any street, avenue, square, or 
 making any other local improvement, and in all other cases in which 
 they may be employed by the common council, and shall require 
 from them bonds with such penalties as they may deem sufficient to 
 secure ihe faithful performance of all their duties. 
 
 §22. There shall be annually elected, in each ward, one consta- Constables, 
 ble, who shall perform such duties as are by law prescribed to 
 constables in other towns and counties of the state. He shall not be 
 considered as attached to the police force, except when specially re- 
 quired by the mayor or chief of police. 
 
 § 23. The official term of the several persons who shall be elected officii term 
 in pursuance of this act shall commence on the first Monday f of(jfflce- 
 January next after their election, except the term of office of the 
 collectors of taxes and assessments, whose term of office shall com- 
 mence on the first day of July after their election ; and the official 
 terms of all persons who shal: be appointed to any office or place, in 
 pursuance of this act, shall commence as follows: 
 
 1. Such as are required to give security for the performance of their 
 duties from the time such security shall be given and approved of. 
 
 2. Such as are not required to give security from the time they 
 shall have taken and filed the oath hereafter mentioned. 
 
 § 24. The common council, in a meeting on the first Monday ofAppoint- 
 January, or as soon thereafter as practicable, at which the mayor orJJJ^"^ 
 president of the common council shall preside, and from time to time 
 as may be necessaiy, shall by ballot appoint a suitable person as clerk, 
 attorney and counsellor, one health officer, and a messenger to the 
 said common council, and a keeper of the city hall, two inspectors of 
 pavements for the western district and one for the eastern district, 
 and shall also, by ballot or otherwise, as they may determine, ap- 
 point so many fire-wardens, pound-masters, clerks of markets, inspec- 
 
24 
 
 Sureties of 
 constables. 
 
 tors of meats, surveyors, sealers of weights and measures, and clerks 
 of departments as they shall deem it expedient to appoint. All per- 
 sons so appointed shall hold their respective offices until the first 
 Monday of January next after their appointment, and until their suc- 
 cessors shall have been appointed and have qualified, unless sooner 
 removed for official misconduct. 
 Sureties. § 2o. The treasurer of the city, comptroller, collector of taxes and 
 assessments, auditor, street commissioner, city clerk, the attorney and 
 counsellor, and such other officers as the common council shall direct, 
 shall severally execute a bond to the corporation, in such penalty as 
 the said common council shall require, except as herein otherwise 
 provided, with such sureties as said common council shall approve, 
 conditioned for the faithful performance of their respective duties, 
 and for accounting and paying over all moneys by them respectively 
 received in their official capacities. In case such officers shall re- 
 fuse or negle ct, for ten days after they are notified of their election or 
 appointment, to execute and deliver to the city clerk the bond herein 
 required, such neglect or refusal shall be immediately reported to the 
 said common council, who may declare such office vacant, and forth- 
 with proceed to appoint another in his place. 
 
 § 26. The constables elected by trie several wards shall also, with 
 such sureties as the said common council shall approve, severally 
 execute and deliver to said corporation a bond for the faithful per- 
 formance of their duties, and for the due payment, to every person 
 who may be entitled thereto, of all such sums of money as such con- 
 stable may become liable to pay by means or on account of any 
 execution or other process which shall be delivered to him for col- 
 lection. 
 
 $ 27. The sureties referred to in the last two preceding sections 
 shall justify in such form as the common council shall prescribe, and 
 the bonds thereby required, after having been duly approved, shall 
 be filed in the office of the city clerk, except that the bond of the 
 city clerk shall be filed in the office of the comptroller, before any 
 one of the officers required to execute the same shall enter upon the 
 duties of their respective offices. 
 
 $ 28. Eveiy person elected or appointed to any office in pursuance 
 of this act, or of any law or ordinance of the common council, shall, 
 before he enters upon the duties of such office, take and subscribe, 
 before the mayor, city clerk or some person authorized to administer 
 the same, the constitutional oath of office of this state, and file the 
 same in the office of the city clerk ; and if any such person shall 
 neglect to take such oath for ten days after receiving notice of his 
 election or appointment, or shall neglect for the like space of time to 
 give such security as may be required of him, he shall be considered 
 as having declined such office, and the same shall be deemed vacant ; 
 and if and whenever any vacancy shall occur in any of the offices to 
 which by this act the common council may make appointments, it 
 shall proceed to appoint suitable persons to fill such vacancies. 
 Salaries. $ The common council shall grant and pay to the mayor, 
 comptroller, auditor, street commissioner, chief of police, collectors of 
 
 Amount of 
 surety. 
 
 Oath of 
 office. 
 
cies. 
 
 25 
 
 taxes and assessments, attorney and counsellor, treasurer and all other 
 officers, assessors, commissioners, clerks or other subordinates, elected 
 or appointed under or in pursuance of this act (except to aldermen 
 and supervisors,) such stated salaries as it may from time to time 
 deem proper or shall be fixed by this act ; but such salaries shall be 
 instead of all fees and perquisites whatever, for services performed by 
 such officers ; and all such fees and perquisites shall be collected and 
 paid to the treasurer of the city for the use of the city by every such 
 officer and clerk monthly, under oath, to be filed with the comptroller 
 before he shall be entitled to receive any such salary, but no officer's 
 salary shall be either increased or diminished after his election and 
 during his continuance in office. 
 
 ^ 30. Any officer elected under this act may resign his office by Resignations 
 giving notice, in writing, of his intention to the city clerk and pub- a 
 lishing a copy of such notice in the corporation newspapers ; and any 
 officer failing to discharge the duties of his office for the space of one 
 month shall, unless excused by the common council, be deemed to 
 have resigned. Whenever a vacancy shall occur in any of said offices, 
 except in the office of an alderman, whether caused by death, removal 
 or otherwise, the common council may proceed, by ballot, to fill the 
 vacancy until the next ensuing charter election, when a person shall 
 be elected for the balance, if any, of the term so vacated. 
 
 § 31. Any officer, except the mayor, may be removed from office Removals, 
 for misconduct by the resolution of the common council, provided that 
 no such removal shall take place until the party sought to be removed 
 has had an opportunity to be heard on his defence, nor unless two- 
 thirds of all the members elected, respectively, vote therefor. When- 
 ever any such removal shall take place, the cause therefor, together 
 with the ayes and noes upon the vote taken, shall be entered at large 
 upon the journal of the common council. 
 
 §32. If any person, having been an officer of said city, shall not, penalty for 
 within ten days after he shall have vacated or been removed from the ? ot deliyer - 
 
 10°" over 
 
 office, and upon notification and request by the city clerk, or within books and 
 such time thereafter as the common council shall allow, deliver over P a P ers - 
 to his successor in office all the property, books and papers belonging 
 to the city, or appertaining to such office, in his possession or under 
 his control, he shall forfeit and pay to the city the sum of five hundred 
 dollars, to be sued for and recovered with costs. 
 
 $ 33. No member of the common council shall, during the period Members of 
 for which he was elected, be appointed to or competent to hold any JJJJJgTeB*. 
 office the emoluments of which are paid from the treasury ; or be tain disabiii- 
 directly or indirectly interested in any contract, work or business, or ties " 
 the sale of any article, the expense, price or consideration of which is 
 paid from the said city treasury, or by any assessment levied by any 
 act or ordinance of the said common council ; nor shall any such 
 member be directly or indirectly interested in the purchase of any real 
 estate or property belonging to the corporation, or which shall be sold 
 for taxes or assessments, or become security for any officer appointed 
 by said common council, or for any contractor under the city gov- 
 ernment. 
 
 4 
 
26 
 
 Districts. 
 
 Supervisors. $ 34. There shall be elected annually in each ward, at the same 
 time with the other city officers, a supervisor, who shall possess all the 
 powers and be entitled to the compensation of a supervisor of the 
 county of Kings ; and the said supervisor shall possess the powers and 
 perform the duties in the city court of Brooklyn now invested by law 
 in the aldermen of said city. 
 
 § 35. That portion of the city lying south and west of the Navy 
 Hospital and Flushing avenue, shall be denominated the Western 
 District ; and the present city of "Williamsburgh and the town of 
 Bushwick, and that portion of the city of Brooklyn lying north and 
 east of the Naval Hospital and Flushing avenue, shall be denominated 
 the Eastern District. 
 
 §36. The jurisdiction of " the city court of Brooklyn" is hereby 
 extended to the city hereby incorporated, and the powers of said court 
 and of the judge thereof shall be the same as if the city hereby incor- 
 porated had been included in the act establishing said court and 
 amending the same. The election of city judge shall be held at the 
 general election in November, 1854, and at the general election 
 every six years thereafter. 
 
 The city 
 court of 
 Brooklyn 
 
 Laying out 
 of streets. 
 
 Petition. 
 
 TITLE IV. 
 
 OF ASSESSMENTS FOR PUBLIC OR LOCAL IMPROVEMENTS. 
 
 Section 1. The common council shall have power, under the re- 
 strictions and limitations hereinafter mentioned, to cause streets and 
 avenues to be opened and widened, and to be regulated, graded and 
 paved, and to cause public squares and parks to be opened, regulated, 
 ornamented and protected, and streets and avenues to be kept in 
 repair, and from time to time to be repaved, or regraded and repaved ; 
 to close up and discontinue roads, streets, lanes and avenues ; to pro- 
 vide that lamp posts and lamps be erected, and cisterns made for the 
 purpose of furnishing water in case of fire ; to cause sewers and 
 drains, wells and pumps to be constructed and repaired, and generally 
 to have such other improvements in and about such streets, avenues 
 and squares as the public want and convenience shall require. The 
 expense of all such improvements (except for repairs) shall be assessed 
 and be a lien on the property benefitted thereby, in proportion to the 
 amount of said benefit. In all cases where the common council shall 
 decide upon the grading and paving any street or avenue, they shall 
 cause a sufficient number of culverts or drains to be constructed 
 under such street or avenue as may be necessary to carry off the 
 surface water of the lands which shed their water across the line of 
 such street or avenue. 
 
 § 2. No proceedings shall be taken to open any street, park, 
 avenue or square, unless upon petition, signed by a majority of the 
 persons owning land situated on the line of the said improvement ; 
 and all streets and squares now opened or used as such, and streets 
 and squares to be opened and widened by the proceedings under 
 these provisions, or to be ceded to and accepted by the common 
 council, shall be under the jurisdiction, management and control of 
 
27 
 
 the said common council for the purpose of making the improvements 
 before mentioned, as the public wants and convenience shall require, 
 and for all purposes mentioned in or necessary for the fully carrying 
 into effect all the provisions in this act, and the powers granted to 
 the common council by this or any other act. 
 
 $ 3. Whenever a petition for opening or widening any street, road, Proceedings 
 avenue, park or square in said city, signed by a majority of the per- on P etmon - 
 sons owning land situated on the line of the same, shall be presented, 
 the common council of said city shall cause a notice to be published, 
 in two of the newspapers published in said city, that such application 
 has been made, and of the time (which shall not be less than twenty 
 days after the first publication of such notice) when they will proceed 
 on said petition, which notice shall be published daily for two weeks 
 successively ; and unless a remonstrance, signed by a majority of the 
 persons who will be assessed for the expenses thereof, shall be pre- 
 sented to them on or before the day specified in said notice, and if 
 they shall deem the application proper, they may, on the day specified 
 in said notice, or as soon thereafter as may be, by a resolution, decide 
 to allow such improvement to be made. Before giving notice of the 
 pendency of such application, the common council shall fix the limit 
 or district of assessment beyond which the assessment shall not 
 extend ; and a description of such limit or district shall be inserted in 
 and form part of such notice. If the common council shall deem it 
 proper to permit such improvements to be made, they shall cause 
 application to be made to the county court of the county of Kings, or 
 in case of the disability of the county judge, by reason of interest or 
 otherwise, then to the supreme court at a special term held in the 
 county for the appointment of three persons as commissioners to 
 estimate and assess the expense of said improvement, the amount 
 of damages and benefit to be sustained and derived therefrom by the 
 owners of such lands and buildings as may be affected thereby. The 
 persons so appointed shall not be interested in the improvement. The 
 said court may also appoint another or others to act in the place of 
 any one or more of such commissioners who may die, decline serving, 
 remove from the city, be or become interested in the improvement, or 
 from any cause may be disabled from serving. 
 
 $ 4. The persons so applying, and who shall have signed a petition Expenses in 
 for any such improvement, shall be chargeable with, and are hereby case prayer 
 declared liable for all charges and expenses which may accrue on defied! 1011 " 
 such application, if the same is refused by the common council ; and 
 also for all costs, fees, damages and expenses which shall not be col- 
 lected on any proceedings instituted under any such petition or peti- 
 tions by the common council. 
 
 §5. The common council of the city of Brooklyn shall cause a Mapsofpre . 
 map to be made under the direction of the street commissioner, by a mises to ba 
 competent surveyor, on which map shall be designated by feet and taken * 
 inches, as near as may be, the several pieces of land and premises 
 necessary to be taken for the improvement, and of any residue of lots 
 or pieces of land, within the district of assessment, of which only a 
 part will be required of the same ; and also the several pieces of 
 
28 
 
 Commission' 
 ers to be 
 sworn. 
 
 Report of 
 commis- 
 sioners. 
 
 Residue ofj 
 lots injured. 
 
 land and premises within the district of assessment laid out by the 
 said common council, which said several pieces of land shall be 
 numbered in figures from one upwards ; and the map aforesaid shall 
 form and constitute a part of the report of the commissioners of esti- 
 mate and assessment, and shall be deposited with the report for 
 examination in the office of the clerk of the county of Kings. 
 
 § 6. The said commissioners shall be sworn, before some officer 
 authorized to administer oaths, faithfully and impartially to perform 
 the duties which shall devolve upon them by virtue of said appoint- 
 ment, and shall then proceed with all reasonable diligence to make 
 the estimate and assessment mentioned in the preceding section ; 
 and for this purpose they shall have power to enter upon and exam- 
 ine any premises which, in their opinion, will be affected by said 
 improvement, to hear the proofs and allegations of the parties inter- 
 ested at such time and place as they may appoint, and to continue 
 such hearing by adjournment from time to time as they may deem 
 proper. 
 
 § 7. The report of said commissioners shall be made in a tabular 
 form, with columns, in which shall be distinctly given the whole ex- 
 pense of the proposed improvement, and the several items thereof, 
 the number on the map of the pieces of land required for the im- 
 provement, and of any residue, lots or pieces of land, within the 
 district of assessment, of which only a part will be required for the 
 same ; the number of the pieces of land assessed for benefits ; the 
 names of persons interested in the property taken or assessed for the 
 improvement ; the amount awarded to the different parties inter- 
 ested in the lands and premises required for the improvement ; the 
 amount assessed on each piece of land, and on the different interests 
 therein ; the balance of award to be received by the respective 
 parties over the assessment ; the balance of assessment to be paid by 
 each individual whose assessments amount to more than the award ; 
 and so many and such other different columns and tabular state- 
 ments as may be necessary to designate the true interests of the 
 parties in the lands and premises required for the improvement and 
 their liabilities in relation thereto. 
 
 § 8. When a residue shall be left of any lot or lots necessary to be 
 taken for such improvement, the said commissioners may, in cases 
 where injury or injustice would otherwise be done, and with the con- 
 sent, in writing, of the owner or owners of such lot or lots, include 
 the whole or any part of such residue in their report (briefly descri- 
 bing the same,) and estimate separately the value thereof. Every 
 such residue or part of a residue, which shall be so included, shall, 
 upon the confirmation of said report, as hereinafter provided, and the 
 payment or tender of the amount at which the same shall be so esti- 
 mated to the owner or owners thereof, vest in fee simple in the city 
 of Brooklyn, who shall thereupon sell and dispose of the same, at a 
 price or prices not less than the sum at which it shall have been so 
 estimated, to the owner or owners of the next adjacent lands ; and 
 if he or they shall not upon reasonable notice, to be determined by 
 the common council of said city, elect to take the same at such price 
 
 s 
 
29 
 
 or prices, it shall be disposed of at public auction, upon such notice 
 as the common council shall deem proper, for the best price or prices 
 that can be obtained for the same. In case the same shall sell for a 
 less sum than that at which its value was estimated by the commis- 
 sioners, the deficiency shall be deemed a part of the general amount 
 of loss and expense arising from the improvement. And for the pur- 
 pose of providing for the event of such deficiency, and for the 
 payment of the amount thereof, the commissioners shall include, in 
 the estimate and assessment of the expense of such improvement, 
 the estimated value of any such residue, or part of a residue, which 
 may be included as aforesaid in their report, and upon the sale of the 
 same, as above provided, the proceeds thereof shall be credited and 
 allowed to each of the persons assessed, in proportion to the amount 
 of the respective assessments against them. 
 
 § 9. In other cases in which part only of the land and premises of Estimate of 
 any person or persons will be required for any such proposed im- benefit - 
 provement, the fair estimated benefit to be derived by him, her or 
 them, in common with others, for the said improvement, shall be 
 assessed and be a lien upon the residue of such land and premises, 
 but such assessment shall in no case exceed the value of such resi- 
 due ; and if in the opinion of the court to whom the said report shall 
 be presented for confirmation, as hereinafter provided, any assessment 
 shall exceed such value, it shall be good cause against confirming 
 the said report. 
 
 § 10. When all the land and premises of any person or persons will Estimated 
 be required for the contemplated improvement, or where part only damages, 
 thereof will be required, and the estimated damages to be sustained 
 by the appropriation of such part to the purposes thereof shall exceed 
 the fair estimated benefit which, in common with others, he, she or 
 they will derive from the said improvement, the amount of the esti- 
 mated damages in the first case, and of the excess of such estimated 
 damages in the last, shall be assessed and be a lien on other lands 
 and premises, according to the estimated benefit to be derived from 
 the said improvement. 
 
 §11. The said commissioners shall also estimate in their said report Damages by 
 any damages arising from the said improvement which may be sus- j^ r g vening 
 tained by the owner or owners of any land bounded on public high- 
 way by reason of the location of the proposed street, avenue or square, 
 in such manner as to interpose the land of any other person between 
 such proposed street, avenue or square and the said highway ; and 
 the amount of such estimated damages shall be assessed and be a lien 
 on other lands and premises, according to the benefit to be derived by 
 them respectively from the said improvement. 
 
 § 12. After said report shall be completed, it shall be filed by the Noticeof 
 said commissioners in the office of the clerk of the county of Kings, meeting to 
 They shall then cause a notice to be published that the same has been revlse repor 
 completed and filed, and that they will meet at a time and place 
 therein to be specified, not less than ten days from the first publication 
 of such notice, to review their report. During that time the said 
 report may be examined, free of expense, by all persons interested ; 
 
30 
 
 and at the time and place so specified any person may offer objections 
 in writing to the said report, and accompany the same with such affi- 
 davits as he may think proper. The said commissioners shall there- 
 upon, or as soon as conveniently may be thereafter, review their said 
 report, and correct the same where they shall deem it proper, and 
 shall then again file the same in the office of the clerk of the said 
 county of Kings. The common council shall then cause a notice to 
 be published, in the newspaper or newspapers employed by the said 
 corporation, that the said report has been so completed and filed, and 
 that appli cation will be made on behalf of the said common council 
 to the county court of the county of Kings, or to the supreme court at 
 one of the special terms thereof, the time to be specified in such notice 
 (and in either case not less than ten days from first publication 
 thereof,) to have said report confirmed. During the said space often 
 days the said report shall remain open to the inspection, free of ex- 
 pense, of all persons interested ; and any such person may, within that 
 time, appeal from said report. Such appeal shall be by notice, to be 
 
 Appeal served on the clerk of the said common council within the period last 
 mentioned, and at least six days before the time at which the said 
 report is to be presented to the court for confirmation, which notice 
 shall be accompanied with copies of the affidavits which shall have 
 been delivered to the commissioners (if it shall be intended to use or 
 to refer to copies thereof on such appeal,) and also with a brief state- 
 ment in writing of the grounds of objection to such report, and of the 
 manner in .which it is contended that the same ought to be altered. 
 § 13. Such appeal shall be heard by the court to which the said 
 
 appeal ° report shall be presented for confirmation, at the time the same shall 
 be so presented. Copies of the affidavits which shall have been de- 
 livered and served as aforesaid (but no others) may be read against 
 confirming the said report, and affidavits may be also read to sustain 
 the same ; but no cause against such confirmation shall be heard, 
 except an appeal shall have been made in the manner provided in 
 the preceding section of this act. If no sufficient reason to the con- 
 trary shall appear to the court, they shall confirm the said report ; 
 or if, in their opinion, the same ought not to be confirmed, they may 
 refuse so to do, and in the event of such refusal they shall in the 
 proper cases refer it back for revision and correction to the same or 
 other commissioners, who shall proceed to revise and correct the same, 
 and cause it, or a new report, to be filed in the office of the clerk of 
 the said county. The common council shall thereupon cause a new 
 notice to be published, in the manner required in the preceding section 
 of this act, of the filing of such report, and of their intention to apply 
 for the confirmation thereof. The said report may be appealed from 
 within the time and in the manner provided in the said section, and 
 such appeal shall be proceeded upon and the said report again dis- 
 posed of in the manner directed by this section ; and so often as any 
 such report shall be referred back for revision and correction, the like 
 proceedings shall be thereupon had as are provided in this section 
 upon a first reference back to the said commissioners. In cases, how- 
 ever, where the said court can from the nature of the case and shall 
 
31 
 
 missioners. 
 
 direct specific alterations to be made therein, and such alterations 
 shall be made in its presence or during the same term, they may 
 thereupon absolutely confirm the said report without further notice. 
 
 §14. The court to which any such report shall be presented for Costs of *p- 
 confirmation shall have power, in their discretion, to award costs pcal ' 
 against the appellant in cases where the appeal shall not be prose- 
 cuted or sustained. 
 
 § 15. After the reports of the commissioners shall be confirmed, the confirmation 
 said reports shall be delivered to the common council of said city, J° ^ea S ment 
 who shall be thereupon authorized to cause such improvements to be ments. 
 made. At such time within the space of thirty days next after the 
 confirmation of the said report, any person from whom any assess- 
 ment contained therein may be due may pay the amount thereof, 
 without any additional expense for collecting, to the collectors of 
 taxes and assessments, and in the manner herein and by this act pro- 
 vided. 
 
 § 16. The city comptroller shall pay to the persons (or to the attor- J^™^ of 
 neys or legal representatives of such persons) to whom damages may 
 have been awarded in such report the amount of such damages, with- 
 out any deduction therefrom by way of fee or commission. 
 
 § 17. The commissioners of estimate and assessment, to be appoint- Pay of coin- 
 ed as aforesaid, shall be allowed two dollars for each and every day 
 while actually and necessarily employed in and about their duties ; 
 provided they shall each make an affidavit that they and each of 
 them were so employed for four hours at least in each day, except 
 the first and last days, on which they shall meet and present their 
 account for such service, so verified, to the proper officers for taxa- 
 tion ; and such compensation, and the fees and charges of surveyors 
 and other persons, shall be estimated as part of the expenses of the 
 improvement, and be afterwards taxed or certified by some officer 
 authorized to tax costs in the supreme court of this state. 
 
 § 18. If the estimate of the expenses shall exceed the amount of Excess of es- 
 expenses which shall be actually incurred in making the improve- expenses. 6 ' 
 ment, such excess shall be refunded or allowed to the persons 
 assessed, in proportion to the amount of their respective assessments. 
 
 § 19. In any case of opening, widening or extending any street, Guardians 
 avenue or square, road or highway, under the provisions of this act, for infants - 
 the county court of the county of Kings, or the county judge thereof 
 in term or vacation, or a justice of the supreme court, shall have 
 power, on application, to appoint guardians for infants or other in- 
 competent persons, in the nature of guardians ad litem, to protect 
 their interests or prosecute appeals, who shall be entitled to receive 
 five dollars for their services and attendance before the commission- 
 ers, and no other fees or costs, unless upon an appeal, in which case 
 the judge who shall hear the appeal shall fix upon the further 
 amount to be allowed them, if any, and shall certify the same. 
 
 § 20 . The costs and fees of the attorney and counsel in any such costs and 
 proceedings, exclusive of his disbursements, shall not exceed in any fees ? f P r °- 
 case the sum of two hundred dollars, unless on appeal, or when the 
 report is sent back to the commissioners ; and in such case the judge 
 
32 
 
 Lien of as- 
 sessments. 
 
 Paving and 
 
 grading 
 
 streets. 
 
 Expense, 
 how assessed 
 
 Notice of 
 assessment; 
 
 Report of 
 committee 
 to common 
 council. 
 
 Correction 
 of assess- 
 ment. 
 
 who heard the appeal may allow such further sum in addition to the 
 taxed or certified bills as he may deem just and proper ; and such 
 costs and fees shall be paid into the city treasury for the use of the 
 city. 
 
 $ 21. All assessments for improvements in said city, when the 
 same shall have been confirmed according to the provisions of this 
 act, shall constitute and be a lien upon the property assessed, from 
 the time of such confirmation, which lien shall have priority over all 
 other liens or incumbrances. 
 
 § 22. The board of assessors shall, under such regulations as they 
 may adopt, and by at least three of their number, apportion and 
 assess the expense of regulating, grading and paving, or regrading 
 and repaving streets, and of constructing wells and pumps, public 
 cisterns, sewers and drains, lamp-posts and lamps, flagging sidewalks, 
 fencing and filling in lots, and of all other public improvements, ex- 
 cept as herein otherwise directed ; and the common council shall 
 proceed in regard to the assessments therefor in the manner herein- 
 after provided. 
 
 § 23. Upon a copy of the resolution of the common council deciding 
 to make any such improvement and fixing the amount to be assessed 
 for the expense thereof, certified by the city clerk and approved by 
 the mayor, being sent to the board of assessors, they shall thereupon 
 proceed to view the premises, and shall assess the expense of said im- 
 provement upon the several lots, pieces or parcels of land benefitted, 
 in proportion to the benefit which, in their opinion, the same shall 
 derive from or in justice ought to be assessed for the said improve- 
 ment. 
 
 $ 24. The board of assessors shall make a report, in writing, of the 
 assessment so made, and before proceeding to sign the same shall 
 give notice in the corporation newspapers of the district, which notice 
 shall be published for ten days successively, of the time and place 
 when and where the parties interested can be heard ; and after hear- 
 ing the parties, the board of assessors shall proceed and complete the 
 report and sign the same, and return the said report, with all objec- 
 tions in writing which shall be presented to and left with them by 
 any of the parties interested, to the common council, who shall refer 
 the same, in case of any objections in writing, to the proper commit- 
 tee of the board. The said committee shall publish a notice in the 
 corporation newspapers of the district, for ten days successively, to the 
 parties interested, of the time and place when and where they will 
 meet to hear them on the objections and report. 
 
 § 25. The said committee shall thereupon examine the matter and 
 report of the common council, and shall return to them the said re- 
 port of the board of assessors, with the objections of the parties, 
 together with the views and opinions of the committee respecting the 
 said report. 
 
 § 26. The common council shall thereupon examine the matter, 
 and may correct the said report and assessment, send it back to the 
 board of assessors, or confirm the same, as they may deem just and 
 
33 
 
 proper, and their confirmation in the matter shall be final and con- 
 clusive. 
 
 § 27. And the like proceedings shall be had when the report of the 
 board of assessors is sent back as in the first instance. 
 
 §28. At the annual election for charter officers, first to be held Election of 
 under this act, there shall be elected from each ward one assessor. asses80ra - 
 The assessors so elected shall constitute a board of assessors, who 
 shall be divided into two classes; the assessors of the first, third, 
 fifth, seventh, ninth, eleventh, thirteenth, fifteenth and seventeenth 
 wards shall form the first class, and the assessors of the remaining 
 wards shall form the second class ; the first class shall hold office one 
 year, and the second class shall hold office two years ; but after the 
 first year the term of office of both classes shall be two years. 
 
 § 29. The said assessors shall have power to examine, upon oath, Powers of 
 every person whom they shall believe ought to be assessed for his a " e8S0 "- 
 personal property, and shall also have power to examine, under oath, 
 such' other persons, as witnesess in relation thereto, as they may 
 deem proper, and for that purpose may administer oaths and issue 
 process to compel the attendance of witnesses before them. Any 
 person who shall refuse to make, under oath, a full disclosure of all 
 the facts necessary to enable the assessors to make a fair and just 
 assessment of his personal property, when duly called upon by the 
 assessors to do so, or to answer such questions as may be put to him 
 in relation thereto, shall be assessed a gross sum, which in their 
 judgment will be the full amount of his personal estate, and shall 
 forfeit for one year all the rights and privileges given to persons ag- 
 grieved by the assessment of assessors by the law "for the assessment 
 and collection of taxes." 
 
 §30. The ward maps made or to be made shall be filed in an ward mapi. 
 office to be provided by the city for the use of the board of assessors., 
 and assessments on land in the respective wards shall refer to such 
 maps, except in cases of opening streets, avenues, squares and parks ; 
 and where a portion of any lot of land laid down on said maps shall 
 be taken for any improvement, the residue shall be deemed to be held 
 for any assessment thereon, and land occupied by a person other than 
 the owner may be assessed in the name of the occupant. 
 
 §31. The board of assessors shall elect one of their number presi- president of 
 dent, and appoint a competent person as their secretary, who shall board ofa8 ' 
 make out the assessment lists under the direction of said board, and 
 perform such other duties as may be required of him by said board or 
 the common council. The common council shall provide a suita- 
 ble room for said assessors, in which they shall transact their busi- 
 ness ; and the assessment rolls of the several wards when completed 
 shall be left for inspection and examination by any person interested, 
 and of which the assessors shall give due notice, as required by law, 
 and the said assessment rolls shall be open for inspection during 
 thirty days from the time of the first publication of such notice. 
 
 §32. The common council shall fix an annual compensation forp ay of 
 such assessors and secretary, to be levied in the annual tax, and may, 
 5 
 
 asses- 
 sors. 
 
34 
 
 Assessment 
 laws. 
 
 Streets in 
 first five 
 wards. 
 
 by ordinance, regulate the duties under the foregoing provision, and 
 remove such assessors for incompetency or neglect of duty. 
 
 § 33. All provisions of law now applicable to the assessors of Brook- 
 lyn, or towns of this state, in relation to the assessment and collection 
 of taxes in said city, not inconsistent with this act, are hereby declared 
 to apply to the assessors elected under this act. 
 
 § 34. The common council shall have power to lay out streets 
 within the first five wards of the city, where such improvements may 
 be deemed proper, although the same have not been laid out on any 
 public map of the town, village or city of Brooklyn, and to extend or 
 lengthen streets heretofore laid out by law in any part of said city, 
 upon the written application of a majority cf the persons owning the 
 property on the portion of the street to be added by such extension. 
 All provisions of law applicable to such improvements, and to the 
 opening and subsequent improvement of streets, shall be applied to 
 the streets to be laid out, extended or lengthened ; and all such pro- 
 visions are hereby extended over and applied to the land covered 
 with water between the line of bulkhead as now actually existing 
 and the permanent water line as heretofore established by law, and 
 lying north and east of the westerly line of Fulton street continued 
 out to such water line ; and the city of Brooklyn shall have jurisdic- 
 tion over such land covered with water for the purpose of making 
 such improvements. 
 
 Election of 
 collectors. 
 
 Bonds. 
 
 TITLE V. 
 
 OF THE COLLECTION OF TAXES AND ASSESSMENTS. 
 
 Section 1. There shall be elected at the election in November, 
 1854, and every third year thereafter, two collectors, who shall hold 
 their office for the term of three years and until others shall be elected 
 in their place and be duly qualified, one of whom shall reside and 
 keep an office in the eastern district and be called the collector of 
 taxes for the eastern district of the city of Brooklyn, and the other 
 shall reside and keep an office in the western district and be called 
 the collector of taxes for the western district of the city of Brooklyn. 
 The common council shall provide suitable offices, which shall be 
 kept open for the transaction of business, during such hours as the 
 common council shall designate, on each day in the year, except 
 Sundays and such holidays as shall be observed by the general custom 
 of said city or by recommendation of public authority. 
 
 $ 2. The said collectors shall, respectively, execute a bond to the 
 city of Brooklyn, with at least two sureties, who shall be freeholders 
 in the county of Kings, in such penalty, not less than one hundred 
 thousand dollars for the collector of the western district, and sixty 
 thousand dollars for the collector of the eastern district, as the com- 
 mon council shall direct, conditioned for the faithful performance of 
 the duties of their office, and for accounting and paying over, as 
 directed by law, all moneys which shall be received by them as such 
 collectors. Such sureties shall severally justify, under oath, to be 
 endorsed on said bond, in sums which, together, shall constitute at 
 
35 
 
 least double the amount of the penalty of the bond, to be approved by 
 the common council. The bond shall be filed with the clerk cf the 
 county of Kings ; and if not filed within twenty days after the col- 
 lectors shall be notified of their election, the office shall be deemed 
 vacant ; and no collector shall enter upon the duties of his office until 
 said bond shall be duly executed, approved and filed. The collector's 
 sureties shall also be renewed during the term of his office, whenever 
 and as often as the common council shall direct, and if not so renewed 
 within twenty days after notice to the collector, his office shall be 
 deemed vacant. 
 
 $ 3. The common council may, by resolution, suspend a collectors uspension 
 for official neglect or misconduct, in which case they shall immedi- of collectors - 
 ately cause written notice, with a copy of the charges thereof, to be 
 left at his office ; they shall then proceed to investigate the charges 
 against him, and if such charges are sustained may remove him from 
 office in the manner hereinbefore provided for the removal of other 
 officers of the city government. 
 
 § 4. Each collector shall, as soon as may be after he has taken upon Assistant 
 himself the execution of hi 3 office, appoint some proper person assistant collectors, 
 collector of taxes and assessments, to hold his appointment during the 
 pleasure of such collector, and he shall, as often as a vacancy shall 
 occur in the office of assistant collector, appoint another in his place ; 
 and whenever a vacancy shall occur in the office of collector, the said 
 assistant collector shall execute the powers and discharge the duties 
 of collector until another collector shall be appointed. 
 
 § 5. Each collector may also, with the consent of the common Deputies, 
 council, appoint as many deputies as he may think proper, who shall 
 hold their appointment during the pleasure of the common council. 
 Every appointment of an assistant collector, or of a deputy collector, 
 shall be in writing, under the hand and seal of the collector, and shall 
 be filed in the office of the clerk of the county ; and every such assist- 
 ant or deputy shall, before he enters on the execution of the duties of 
 his office, take the oath prescribed in the constitution, and the collector 
 may require of him a bond and sureties for the performance of his 
 duties. Any default or misfeasance in office of any such assistant or 
 deputy shall be deemed to be a breach of the condition of the bond 
 given by the collector who appointed him. 
 
 § 6. Each assistant collector shall have the same power as the col- Their 
 lector, except that of the appointment of deputies ; and the collector, powers, 
 assistant collector and deputy collectors shall have the same powers as 
 the collectors in the several towns in this state ; but such assistants 
 and deputies shall, in the exercise of their powers, be subject to the 
 direction and control of the collector. 
 
 §7. If any person who shall have become surety for a collector shall, Renewal of 
 by notice in writing, to be served on the mayor or clerk of the common bond - 
 council, require the said collector to renew his official bond, such per- 
 son shall be discharged from all future liability as such surety from 
 and after the settlement of the accounts of the collector fbr moneys 
 received prior to such discharge, who shall be required to make such 
 
36 
 
 Expense of 
 collection. 
 
 Embezzle- 
 ment or 
 loaning of 
 public 
 moneys. 
 
 Assessment 
 rolls. 
 
 Warrants. 
 
 settlement within thirty days after notice from the common council 
 to that effect. 
 
 § 8. There shall be added to and included in every tax and asses- 
 ment levied and assessed in the city of Brooklyn the sum of five per 
 cent, upon the amount of such tax and assessment for the expense of 
 collection, which, together with the amount to be added for neglect to 
 pay within the time specified in the warrants of the collectors, as 
 hereinafter provided, shall be for the use of said city. The common 
 council shall fix the salary or other compensation to be paid to the 
 collectors, their assistants and deputies, and pay the same to them out 
 of the moneys raised by tax for city purposes ; and neither the said 
 collectors nor their assistants or deputies shall receive any other or 
 further compensation for services or for other expenses of their offices ; 
 but the common council shall provide for said collectors all necessary 
 desks, furniture, fuel, lights, books and blank forms. 
 
 § 9. If any collector, assistant collector or deputy collector shall 
 convert to his own use, in any way whatever, or shall use by way of 
 investment in any kind of property or merchandize, or shall loan, in 
 any way, any portion of the moneys received or collected by him as 
 such collector, assistant or deputy collector, every such act shall be 
 deemed and adjudged to be an embezzlement of so much of said 
 moneys as shall be thus taken, invested, used or loaned, v/hich is 
 hereby declared to be a felony, punishable by imprisonment in a state 
 prison for a term not exceeding five years. 
 
 § 10. The board of supervisors of the county of Kings shall cause 
 the corrected assessment rolls of the several wards, or fair copies 
 thereof, with warrants for collection, to be delivered to the respec- 
 tive collectors on or before the first day of October, in each year ; and 
 the common council shall cause every assessment roll made for any 
 improvement in said city, or fair copies thereof, with a warrant for 
 collection, to be delivered to said collectors within ten days after the 
 same shall be finally confirmed. But no warrant for the collection of 
 any assessment shall be issued by the common council until all the 
 proceedings had in laying said assessment shall have been examined 
 and certified as correct by the street commissioner and the attorney 
 and counsel of the city, which certificate shall be endorsed upon or 
 annexed to the assessment roll, and shall be conclusive evidence as to 
 the regularity of the proceedings. 
 
 f 11. The warrants of the board of supervisors shall be under their 
 hands and seals, or the hands and seals of a majority of them, and 
 shall require the collectors, out of the moneys to be collected, to pay 
 over to the city treasurer such sum as shall be raised for the city pur- 
 poses, and to the county treasurer the residue of said moneys within 
 one hundred and eighty days from the date of such warrants. The 
 warrants of the common council shall be signed by the mayor, and 
 shall be under the corporate seal of the city, attested by the clerk, 
 and shall require the collectors to pay the moneys to be collected to 
 the city treasury within one hundred and twenty days from the date 
 thereof; and to collect from the several persons named in the assess- 
 ment roll annexed thereto the several sums mentioned in the last 
 
37 
 
 column of such roll opposite to their respective names, and shall not 
 be renewable except in cases where the collection has been stayed by 
 any legal proceedings ; and in such cases the common council shall 
 have power, after the cessation of such stay, to cause new warrants 
 to be issued to the collectors for the full term of one hundred and 
 twenty days, as if no previous warrant had been issued. This pro- 
 vision shall apply to all cases where the collection has been or here- 
 after may be stayed by any legal process or proceedings. 
 
 § 12. As soon as practicable after the annual tax rolls shall have Abstract of 
 been delivered to the collectors, they shall, in books to be provided roUs - 
 for that purpose, prepare an abstract of said rolls, adding thereto all 
 taxes and assessments as shall from time to time thereafter become 
 chargeable upon such property, to the end that said abstract shall at 
 ail times exhibit in a condensed from all existing charges against the 
 property as accurately as practicable. 
 
 § 13. The collectors shall receive the taxes and assessments men- Paying over 
 tioned in said rolls, and shall on the same day that they receive the ofco"" 1 " 
 same pay over to the city treasurer all moneys which shall have been lectors, 
 received by them for taxes and assessments for city purposes or for 
 local improvements, and render to the comptroller of the city a just 
 and true account of the same. They shall also, every week, and as 
 much oftener as required by the county treasurer, at the collector's 
 office, render a like account of moneys received for taxes payable to 
 the county treasurer, and at the same time pay over such moneys to 
 the said county treasurer. 
 
 § 14. All taxes and assessments, which shall be paid to the col- Taxes paid 
 lectors within thirty days after such tax or assessment roll shall have ^J, 1 ^" lhlrty 
 been delivered to them, shall be received by them without any ad- 
 ditional charge ; on all taxes or assessments which shall be paid 
 them after the expiration of thirty days, and within sixty days after sixt y da y 8 - 
 such delivery, they shall add one per cent., and one per cent, shall be 
 added for every thirty days thereafter until such tax or assessment 
 shall be paid ; when such per centage shall amount to ten per cent., 
 from which time interest at the rate of seven per cent, per annum 
 shall be added. 
 
 § 15. If any of the taxes mentioned in the assessment rolls annexed Taxes un- 
 to the warrants from the board of supervisors shall remain unpaid at {gj d d jyf r 
 the expiration of one hundred and eighty days from the time the said 
 assessment rolls shall be delivered to them, and the collectors shall 
 not be able to collect the same, they shall deliver to the county trea- 
 surer an account of the taxes so remaining due in their respective 
 districts, with an affidavit as required by law of collectors of towns ; 
 they shall respectively be credited by the county treasurer with the 
 amount thereof, and if any of the assessments mentioned in the as- 
 sessment rolls annexed to their respective warrants from the common 
 council shall remain unpaid at the expiration of the said one hundred 
 and twenty days, and the collectors shall not be able to collect the 
 same, they shall deliver to the comptroller of said city an account of 
 the assessments so remaining due, with an affidavit as hereinafter 
 mentioned. 
 
38 
 
 Unpaid tax- 
 es credited 
 to collectors 
 
 Collectors' 
 bonds, when 
 to be sued. 
 
 Treasurer 
 and comp- 
 toller may 
 receive 
 taxes. 
 
 Rejection of 
 taxes fo" im- 
 perfect de- 
 scriptions. 
 
 Rejected 
 taxes to be 
 relevied. 
 
 Rejected as- 
 sessments. 
 
 § 16. The county treasurer and comptroller respectively shall, upon 
 receiving such account of unpaid taxes or assessments, compare the 
 same with the original tax or assessment roll, and if he find it to be 
 a true transcript thereof, he shall add to it a certificate showing that 
 he had compared the account with the tax or assessment roll, and 
 found the same correct ; and after crediting the collector wfth the 
 amount, shall, within fifteen days after receiving such account, trans- 
 mit the account, certified as aforesaid, with the collector's affidavit, 
 back to the collector of taxes and assessments rendering such account . 
 
 §17. If the collectors shall refuse or neglect to pay to the city 
 treasurer or the county treasurer the sums required by their warrants 
 respectively to be paid them or either of them, or to account for the 
 same if unpaid, as hereinbefore provided, within twenty days after 
 the time when such payment ought to have been made, the common 
 council shall, upon receiving notice thereof from the county treasurer 
 or comptroller, cause the bond of such collector to be put in suit, and 
 shall be entitled to recover the sum due from such collector, with 
 costs of suit ; and the moneys recovered shall be applied and paid by 
 the common council in the same manner in which it was the duty 
 of the collector to have applied and paid the same. 
 
 § 18. The county treasurer and comptroller, respectively, may re- 
 ceive any tax or assessment while such accounts are in their hands, 
 charging the additional per centage thereon, as hereinbefore provided. 
 They shall give a receipt for such payments, and make return thereof 
 to the respective collectors of taxes and assessments, who shall note 
 such payment on the original tax or assessment roll or copy thereof 
 in their offices. 
 
 § 19. Before any account of unpaid taxes shall be transmitted by 
 the county treasurer to the collectors of taxes and assessments, he 
 shall examine them, and reject all taxes which shall be found to be 
 charged for personality, or on lands imperfectly described, and shall 
 furnish and transmit a certified statement of the same to the comp- 
 troller and the respective collectors of taxes and assessments, and the 
 supervisors of the county, and shall from time to time furnish to the 
 common council or its officers a full statement of the taxes remaining: 
 unpaid, or of the sale of any lots or pieces of land for taxes, as may 
 be called for by the common council. 
 
 § 20. The said supervisors shall cause the amount of rejected taxes 
 to be levied, in the next assessment rolls, on the taxable property of 
 the respective wards in which they were before levied, and shall di- 
 rect the same to be collected with the other taxes next collected in 
 such wards ; and the board of assessors shall cause said descriptions 
 to be corrected in the next assessment rolls. 
 
 § 21. "Whenever the street commissioner and the attorneys and 
 counsel of the city shall reject any assessments for local improvements 
 (which they are hereby authorized and empowered to do,) they shall 
 forthwith report the same and the reasons therefor to the common 
 council ; and the common council shall, in case they shall have been 
 rejected for irregularity in the proceedings, or for the imperfect de- 
 scriptions of the lands, cause the amount thereof to be reassessed ; 
 
39 
 
 and the common council are hereby authorized and empowered to 
 have such reassessments made in the same manner as the original 
 assessment should have been made ; and such reassessment shall 
 have the same effect as if the assessment had originally been properly 
 made. 
 
 §22. The common council, in case any such unpaid assessments Unpaid as- 
 shall be rejected for want of jurisdiction in making the improvement,^™" 18 ^ 
 shall cause the expense of the proceedings and all damages conse- jurisdiction 
 quent thereon to be added to the amount directed to be laid in the 
 next annual taxes for city purposes, and when collected to be paid to 
 the parties who shall be entitled thereto. Whenever any moneys Reassess- 
 shall have been paid for an assessment, and a reassessment shall be ments - 
 made in pursuance of this section, the amount shall be credited on 
 such reassessment to the property on which the assessment was 
 made ; and in case of any alteration on the reassessment, whereby 
 the amount so paid shall exceed the amount reassessed on the same 
 property, such surplus shall be repaid to the person who may have 
 paid the same ; and in case it shall be insufficient to pay the amount 
 reassessed, the deficiency shall be collected in the same manner as 
 other assessments. 
 
 6 23. Upon affidavit being: made before the comptroller, or before Unpaid as - 
 any other person authorized to administer oaths in the county of real estate. 
 Kings, by the collector to whom any warrant for the collection of 
 any assessments shall be delivered as aforesaid, his assistant or one 
 of his deputies, that the sums mentioned in any such account of as- 
 sessments, rendered to the comptroller, by him, remain unpaid, and 
 that he has not, upon diligent inquiry, been able to discover any 
 goods or chattels belonging to or in the possession of the persons re- 
 siding in the city of Brooklyn charged with or liable to pay such 
 sum whereon he could levy the same, and that within forty days 
 after the warrant was delivered to him he caused a written or 
 printed notice to be served personally on or left at the place of resi- 
 dence of the person or persons charged with or liable to pay such 
 assessment, if a resident of the city, or if not a resident of the city, 
 that he has deposited a notice in one of the post offices in said 
 city, addressed to the person or persons assessed, at his, her, or their 
 last known place of residence, and that he has also caused a notice 
 to be published in the corporation newspapers of the district, designa- 
 ted as provided by this act, once a week for six weeks successively 
 prior to the expiration of this warrant, which notice shall contain the 
 name or title of the improvement, the names of the persons who 
 have not paid, the amount due from each, the time when the war- 
 rant will expire, and that the property assessed will be returned for 
 sale, if such assessment be not paid, such collector shall be credited 
 by the comptroller with the amount of said account. 
 
 §24. Whenever any tax or assessment shall remain unpaid, and List of un- 
 the rolls containing the same shall have been redelivered to the col- P a ' d Uxes 
 
 li-i- r-ii i as«ess- 
 
 lector by the county treasurer or comptroller, as aforesaid, such col- ments to be 
 lector of taxes and assessments shall cause a list thereof, signed D yP ubllshed - 
 him, to be published in the corporation newspapers of the district, 
 
40 
 
 designated as provided by this act, together with a notice requiring 
 the same to be paid, with interest as aforesaid, and expenses, on or 
 before a certain day, to be therein designated, which shall not be 
 less than twelve weeks from the first publication thereof. Such list 
 and notice shall be published once a week for twelve weeks succes- 
 sively in the corporation newspapers, describing, with all convenient 
 certainty, the land taxed or assessed, specifying the street, avenue or 
 road on which it fronts, on which side thereof, and near or between 
 what streets it may lie, together with the name of the person to 
 whom the same was taxed or assessed, and the name of the present 
 owner, when known, to the collector. 
 
 * § 25. Every printer by whom any such list and notice shall be 
 published, shall, within ten days after the last publication thereof, 
 deliver to the collector of taxes and assessments, signing the same, 
 an affidavit of due publication, made by some person to whom the 
 fact of publication shall be made known. 
 
 § 26. If any such tax or assessment remain unpaid on the day 
 specified in said notice, the collector shall proceed to sell by public 
 auction, at the city hall of said city, the property on which said tax 
 or assessment shall have been imposed, for the lowest term of years 
 for which any person will take the same and pay the amount of such 
 tax or assessment, with the interest and expenses, and he shall con- 
 tinue the sale from time to time until all such lands shall be sold. 
 He shall thereupon deliver to the purchaser a certificate of such sale, 
 and note the same on the original tax or assessment rolls, and on 
 the abstracts hereinbefore directed to be kept in his office ; such cer- 
 tificate of sale shall be recorded in the collector's office, in proper 
 books kept for that purpose, and shall constitute a lien upon the 
 lands and premises therein described, after the same shall have been 
 so recorded ; and no assignment of any certificate given on the sale 
 of lands for any taxes or assessment shall have any effect until notice 
 of the same, with the name and residence of the assignee, shall be 
 filed in the office of the collector of taxes and assessments of the dis- 
 trict in which the said lands are situated. 
 
 $ 27. No mortgagee, whose mortgage shall have been duly re- 
 corded before sale for any tax or assessment, shall be divested of his 
 rights in such property, unless six months' notice in writing of such 
 sale shall have been given to him by the purchaser or of those claim- 
 ing under him, personally, if a resident of the county of Kings or a 
 county adjoining thereto, and if not such a resident, then upon the 
 owner of the premises, if he be a resident of Kings county or a county 
 adjoining thereto, and by depositing such notice in one of the post 
 offices of said city, directed to the mortgagee at his place of residence, 
 as stated in the mortgage or assignment thereof; but nothing herein 
 contained shall be so construed as to impair the lien created by such 
 sale. 
 
 § 28. Within a month after the service of such notice, it shall be 
 the duty of the person serving or causing the same to be served, to file, 
 in the office of the collector of taxes and assessments of the district, 
 a copy of the notice served, together with the affidavit of some per- 
 
41 
 
 son, who shall be certified by the officer before whom said affidavit 
 shall be taken to be a creditable person, proving the due service of 
 said notice. 
 
 §29. The owner, mortgagee, occupant or any other person inter- Redemption, 
 ested in such land may, at any time within two years after the sale 
 for either tax or assessment, redeem the said land by paying to the 
 collector of taxes and assessments in the district in which said lands 
 are situated, for the use of said purchaser, the said purchase money, 
 together with any other tax or assessment which the said purchaser 
 may have paid, chargeable on said land, and which he is hereby au- 
 thorized to do, provided a notice thereof has been filed in the office 
 of such collector, with fifteen per cent, per annum in addition thereto, 
 and the certificate of such collector, stating the payment, and show- 
 ing what land such payment is intended to redeem, shall be evidence 
 of such redemption. The mortgagee shall have power to redeem at 
 any time until after the expiration of the six months specified in the 
 twenty-seventh section of this title. 
 
 § 30. Upon the receipt of such moneys by such collector, he shall conveyance, 
 cause the same to be refunded to the purchaser, his legal representa- wh * n to be 
 
 * . • i made. 
 
 tives or assigns, and all proceeding in relation to said sale shall cease ; 
 but if said moneys shall not be paid according to the exigency of said 
 notice, such collector shall proceed to execute a conveyance of the 
 property so sold, as hereinafter provided. 
 
 § 31. Whenever such collector shall receive satisfactory information infant and 
 that the land so sold belongs to an idiot or insane person, for whose "competent 
 
 o it ' owners. 
 
 estate no committee shall have been appointed, or to an infant having 
 no guardian, he shall not execute a conveyance of their lands until 
 at least one month after he shall have legal evidence that such disa- 
 bility has been removed, or a committee or guardian of their estate 
 has been appointed. And until the expiration of said month such 
 committee or guardian may redeem such land, in the manner here- 
 inbefore provided. 
 
 § 32. The said collectors shall note all payments made to them collector's 
 after any account of unpaid taxes or assessments shall be sent back to ? u ! les in re * 
 
 lii i t lation to un- 
 
 them by the county treasurer or comptroller, as aforesaid, and it a paid taxes, 
 sale be had they shall also note that fact on the original tax or as- 
 sessment roll, or copy thereof, in his office, and the memorandum of 
 payment on any tax or assessment roll, or copy thereof, in the office 
 of such collector, shall be sufficient evidence of such payment. They 
 shall also forthwith, upon receiving the same, render to the treasurer of 
 the city an account of the proceeds of any sale for unpaid assessments, 
 and of any money received or collected by them that may be paid to 
 such treasurer, and at the same time pay over the said moneys re- 
 ceived by them ; and said collectors shall also render to the treasurer 
 of the county an account of the proceeds of any sale for unpaid taxes, 
 and of any moneys received or collected by them that may be paid 
 to such treasurer, and at the same time pay over said moneys re- 
 ceived by them. 
 
 § 33. The collector of the district where the land sold for any tax convey- 
 or assessment shall not have been redeemed, as by this act provided, ance8 - 
 6 
 
I 
 
 42 
 
 shall execute to the purchaser or his assigns, pursuant to the terms of 
 sale, a proper conveyance of the lands so sold by him, which shall 
 contain a brief statement of the proceedings had for the sale of said 
 lands, and shall be evidence that such sale and other proceedings 
 were regularly made and had according to the provisions of this act. 
 He shall also forthwith note the same on the assessment rolls and 
 abstract kept in his office. The grantee shall be entitled as against 
 all persons whomsoever to the possession of said premises, and to 
 the rents, issues and profits thereof, pursuant to the terms of his con- 
 veyance, and shall be entitled to obtain possession of his lands by 
 summary proceedings, in the same manner as is provided by law for 
 the removal of persons who hold over or continue in possession of real 
 estate sold by virtue of an execution against them. 
 
 TITLE VI. 
 
 OF THE DAY AND NIGHT POLICE DEPARTMENT. 
 
 Officers. Section 1. The department of police shall consist of one chief, one 
 captain for each police district, and such number of policemen under 
 each captain as the common council may from time to time designate. 
 
 chief. ^ 2. The chief shall be elected by the city every three years. He 
 
 shall have an office in the city hall, where he shall be in attendance 
 at such hours as shall be fixed by the common council, and shall 
 receive a salary to be fixed by said common council. 
 
 Powers. § 3. He shall have power within the county of Kings to issue pro- 
 cess, directed to some other proper officer, for the apprehension of 
 persons charged with any offence, and to exercise all the powers and 
 duties conferred upon aldermen and justices of the peace in and by 
 title second, chapter second, part fourth of the revised statutes of the 
 state of New York ; and in all such cases he shall proceed in the 
 same manner and be governed by all laws relative to justices of the 
 peace, in like cases. He shall be chief of the police department, and 
 the medium of correspondence with the police authorities of other 
 cities and towns. He shall receive the reports from the several 
 captains of the districts of the city, keep all proper books, registers 
 and records in his office, under the direction of the common council ; 
 report to the corporation attorney all violations of city ordinances 
 that come to his knowledge ; and shall obey and cause the police 
 department to obey the rules and regulations prescribed by the ordi- 
 nances of the common council. He shall repair to the scenes of fire 
 and riot, and take command of the police there present ; may at any 
 time direct all or any of the police of the city to any place where 
 their services may be deemed necessary, and shall perform all such 
 other duties as may from time to time be prescribed by the ordinances 
 of the common council ; but nothing herein contained shall be taken 
 to abridge the power of the mayor as the chief executive officer of 
 the city. 
 
 Clerks. ^ 4 The common council may, if they deem it necessary, provide 
 
 for the allowance of a clerk to the chief, and shall fix his compen- 
 
43 
 
 sation. Such clerk shall be appointed and removed at pleasure by 
 the chief. 
 
 $ 5. The captains of the police districts shall be elected every two Captains, 
 years, and shall receive a stated salary, to be fixed by the common 
 council ; each of the captains shall keep an office at the office of the 
 police district within which his ward shall be situated, and shall 
 keep all such books, registers and records as may be necessary for the 
 proper performance of his duties or as the common council may pre- 
 scribe. 
 
 $ 6. Every captain of police shall perform, within the district for D Uties of 
 which he shall be elected (aided and assisted by the policemen of the captains, 
 ward or wards,) such duties in relation to the inspection of wells and 
 pumps, of lamps, of public cisterns, of pavements and side-walks (so 
 far as to report the actual condition of the pavements and side-walks 
 to the proper authority,) and hacks, cabs, carts and sleds as the com- 
 mon council shall direct, together with such other duties as marshals, 
 health and fire wardens, keepers of public lands and places, as said 
 common council shall prescribe. 
 
 § 7. Each of said captains may entertain complaints in all cases Complaints, 
 where crimes or offences have been committed, may issue a precept 
 to arrest any person charged with having committed a crime or offence 
 (such process to be executed by some other proper officer,) and may 
 detain the person so arrested for examination ; such examination to 
 be made by the chief of police, or by some person authorized by law 
 to take the same. 
 
 $ 8. He shall duly report to the chief of police all crimes which R ep0 rt of 
 may have been committed, and all arrests for crimes or breaches of crimes - 
 the peace that may have been made within his district ; he shall re- 
 port all violations of the corporation ordinances within his district to 
 the corporation attorney, with the names of witnesses, and shall also 
 perform such other duties as may be prescribed from time to time by 
 the ordinances of the common council. 
 
 § 9. The aldermen of each ward shall nominate, and by and with Policemen, 
 the consent of the mayor appoint, so many policemen as may be 
 designated or apportioned to their ward. The aldermen shall also 
 appoint, and in conjunction with the mayor may remove at pleasure, 
 so many lamp-lighters as may in like manner be designated for their 
 respective wards. 
 
 § 10. For all purposes of the police department, the city shall be Police die- 
 divided in so many districts as the common council may from time to trlct8, 
 time designate. There shall be erected or procured in each police 
 district a suitable building, to be called the district police office, in 
 which shall be contained suitable offices for the accommodation of the 
 captains and police department. Such police office shall also be the 
 station house for the night police of the same district. 
 
 § 11. The common council shall, by ordinance, fix and apportion Ward 
 from time to time a certain number of policemen for each ward, who P ohcemen - 
 shall possess all the powers, and under the direction of the captains of 
 the district shall perform all the duties specified in the sixth section 
 
44 
 
 Duties of 
 policemen. 
 
 Policemen to 
 be present at 
 fires. 
 
 Chief may 
 su pend 
 policemen. 
 
 Compensa- 
 tion. 
 
 Exemption. 
 Policemen at 
 
 of this title, together with all other duties and services which may be 
 prescribed by the ordinances of the common council. 
 
 § 12. It shall be the duty of the policemen to obey such orders as 
 they may from time to time receive from the chief of police and the 
 captains of their districts regarding their duty ; to report to the cap- 
 tains of the district all violation of the corporation ordinances, with 
 the names and residences of witnesses ; to preserve the public peace ; 
 to be vigilant for the prevention and discovery of crime, and the de- 
 tection of criminals ; to report to the captains of their respective 
 districts all crimes or offences committed in the city ; to arrest all 
 persons in the actual commission of crimes, misdemeanors, breaches 
 of the peace or violations of corporation ordinances ; to execute all 
 criminal process issued by the chief of police or captains, or by an 
 inferior court of criminal jurisdiction, which is now or may hereafter 
 be established by the legislature lor the city of Brooklyn, or that may 
 be issued by any other officer authorized to issue criminal process ; to 
 report to the captains of their respective districts all suspicious per- 
 sons, houses of ill fame, receiving shops, pawn brokers' shops, gaming 
 houses, and all places where idlers, tipplers, gamblers and other dis- 
 orderly and suspicious persons congregate, and perform such other 
 duties from time to time as the common council may direct. 
 
 § 13. At any alarm of fire, it shall also be the duty of the police- 
 men forthwith to proceed to the scene of conflagration, and to be 
 diligent in preserving order and protecting property ; and in case of 
 any riot or public disturbance, requiring the services of the police, 
 they shall forthwith proceed to the scene of riot, and, under the di- 
 rection of the mayor, chief of police and captains, or either of them, 
 aid in suppressing the same. 
 
 $ 14. The chief of police may suspend any policeman in the city ; 
 in all such cases he shall, within twenty-four hours thereafter, notify 
 the mayor and the aldermen of the ward to which said policeman may 
 belong thereof, in writing, specifying the grounds for such suspension, 
 and the names of the witnesses to establish the charge. In every 
 case the mayor shall cause written notice to be given to the accused, 
 to afford him an opportunity to be heard in his defence. The mayor 
 and at least one of said aldermen shall examine witnesses under oath 
 upon the charges and for the defence, and may for cause continue 
 the suspension, remove the party from office, or restore him to duty. 
 The mayor shall have power to issue subpoenas to require the at- 
 tendance of witnesses on the trial of such cases, and disobedience of 
 such sabpoenas shall render the parties liable to the penalties pro- 
 vided by law in courts of record. The testimony shall be reduced to 
 writing, and, together with the decision of the mayor and the said 
 aldermen thereon, shall be filed in the office of the clerk of the city. 
 
 § 15. The police shall receive a per diem compensation for each 
 day they shall be employed on duty, which compensation shall from 
 time to time be regulated and fixed by the common council. 
 
 § 16. No person connected with the police department shall be 
 liable to military duty. 
 
 § 17. The mayor or chief of police shall, from time to time, detail 
 
45 
 
 such policemen as he may deem proper, to act as messengers of the me cti^B of 
 mayor and of the common council, to attend the meetings of that b , oard and 
 
 j ' o election. 
 
 body, and to attend and preserve order in all courts and public as- 
 semblies in the city. Each captain shall detail a sufficient number 
 of policem en within his district to attend the polls on the days of 
 election. 
 
 § 48. No fees or compensation shall be charged or received by any Fees pro- 
 chief of police, captain, policeman, clerk or other officer connected hlblted - 
 with the police department for any services performed by them as 
 such officers, other than their stated compensation, except in special 
 cases, with the approbation of the mayor. Any officer violating this 
 provision shall be deemed guilty of a misdemeanor, and shall be sub- 
 ject to the fines and penalties provided for such ofience. 
 
 §19. All fees and costs heretofore paid by the supervisors of the Fees and 
 county of Kings, for services rendered for said county by any justice JJJJf t ° f D c 8 " 
 of the peace or police justice, or by the constables or marshals of the paid in to the 
 city, shall, when similar services are rendered by any officer of the treasur3 1 
 police department, be collected and paid into the city treasury in 
 such manner as the common council shall by ordinance prescribe. 
 
 $ 20. Any person arrested in puisuance of this act for the violation penalty's 1 
 of any ordinance, by-law or regulation of the common council, or of how i m - 
 the board of health, may be taken before the police justice or either posed ' 
 of the justices elected by virtue of " an act to establish courts of civil 
 and criminal jurisdiction in the city of Brooklyn," passed March 
 twenty- fourth, one thousand eight hundred and forty-nine, who shall 
 thereupon have authority to impose upon such person a fine, not ex- 
 ceeding the penalty prescribed by the ordinance which such person 
 shall be proved to have violated, and to commit such person to the 
 county jail of Kings county for a period not exceeding thirty days, or 
 until such fine shall be paid. 
 
 §21. The common council shall have power to designate one or Assistant 
 more policemen, in each of the police districts established by law, as ca ^ na,n5 • 
 assistant captains, who shall have ail the powers of the captain of 
 such districts whenever such captain is disabled, absent or not on 
 duty, and whose term of office shall continue and expire at the same 
 time with the term for which the respective police captains were 
 elected. 
 
 TITLE TO 
 
 OF THE FIRE DEPARTMENT. 
 
 Section 1. The fire department of the city shall be divided into two Fire districts 
 separate and distinct organizations, viz : one for the eastern district 
 and one for the western district. Each organization shall consist of 
 one chief engineer, and as many assistant engineers, firemen, hose- 
 men, axemen, and hook and ladder men, as shall from time to time 
 be elected by the firemen of each district, and approved by the com- 
 mon council ; but the present members of the fire department shall 
 continue to be such, without any new appointment under this act. 
 The powers of the chief engineer and assistant engineers shall be 
 
46 
 
 Wardens. 
 
 Engines and 
 apparatus. 
 
 Rules and 
 fines. 
 
 Exemption 
 
 Fines to be 
 kept as a 
 fund. 
 
 Injured 
 firemen. 
 
 confined to their respective districts. The lire department of the 
 present city of Brooklyn, as at present constituted, shall with its ad- 
 ditions form the organization for the western district, and the fire de- 
 partment of the city of Williamsburgh, as at present constituted, 
 shall with its additions form the organization for the eastern district. 
 Except in cases of " general alarm," the companies may not attend 
 fires out of the district in which they are located ; in all cases, how- 
 ever, all companies attending a fire shall he under the control of the 
 engineers in whose district the fire may be. The firemen of both 
 districts shall be under the control of the common council ; and all the 
 fire engines and other fire apparatus, now belonging to the different 
 municipalities hereby consolidated, shall be owned by the city. 
 
 $ 2. The mayor and the members of the common council shall be 
 fire wardens, and they, together with such other fire wardens as the 
 common council may appoint, in the manner now or hereafter pre- 
 scribed by law, shall possess such powers and perform such duties as 
 the said common council may from time to time prescribe. 
 
 § 3. The common council shall procure fire engines and other appa- 
 ratus used for the extinguishment of fire, and provide suitable engine 
 houses and other places for keeping the same, and have the charge 
 and control thereof. They shall have the power to organize fire, hook 
 and ladder, hose, bucket and axe companies, and to reorganize the 
 present fire department if they think proper. 
 
 $ 4. It shall be the duty of the common council to make rules and 
 regulations for the government of the officers and men attached to the 
 said department, and to impose such penalties and fines for a violation 
 thereof, not exceeding one hundred dollars, as the said common coun- 
 cil may deem proper ; and for incapacity, neglect of duty or gross 
 misconduct, the said common council may disband any of said com- 
 panies, suspend or expel individuals, members thereof, in the manner 
 and with the restrictions hereinbefore provided for the removal of 
 officers of the city government. 
 
 § 5. Every member of said department shall be entitled to the 
 same privileges and exemptions from military or jury service as they 
 are now entitled to by law. Their names shall be registered by the 
 clerk of the city in a book to be provided for that purpose, and a cer- 
 tificate from said clerk, under the corporate seal of the city, of the 
 appointment of any person as a fireman, and of the time thereof, 
 countersigned by the foreman of the company to which such a person 
 may belong, shall be competent evidence to show that such a person is 
 a fireman, and at the time of such countersigning was actually 
 serving as such. 
 
 § 6. All fines and forfeitures accruing within the said districts, 
 under the laws of this state or the ordinances of the city relative to 
 the extinguishment of or proceedings at fires, shall be applied to the 
 lire department fund of said district, for the benefit of indigent and 
 disabled firemen, and the families of deceased firemen. 
 
 § 7. Any member of the fire department who shall, while in the 
 performance of his duty, be maimed or injured, so as to be rendered 
 thereafter unable to perform the duties of a fireman, shall receive a 
 
47 
 
 certificate of discharge, which shall entitle him to all the privileges of 
 a fireman whose time has been regularly served, and shall also be 
 entitled to the benefits of the law regulating discharged firemen in 
 the city of New York. The common council shall provide by ordi- 
 nance for the granting of certificates of discharge to such firemen as 
 shall be entitled to the benefits of said law. 
 
 $8. The common council shall pass such ordinances as it may Gunpowder, 
 deem proper for regulating the storage of gunpowder and other arti- 
 cles of a combustible nature, and fix the penalty for any violation of 
 the same. All penalties recovered under such ordinances shall be for 
 the benefit of the fire department fund of the district in which the 
 violation occurs, and shall be paid over to the officers authorized to 
 receive the same. 
 
 § 9. When a building shall be on fire in said city, the mayor, with Destruction 
 the advice of the chief engineer of the district, or in his absence, under ° arrest ^ 9 
 the advice of two of the assistant engineers, and with the concurrence fires - 
 of two members of the common council, or in the absence of the 
 mayor, three of the common council, with the like advice, may order 
 such building or any adjoining building to be pulled down or otherwise 
 destroyed, if they shall deem it likely to convey the fire to another 
 building. 
 
 § 10. The common council may from time to time, by ordinance, Fire limits, 
 designate limits in said city of such extent, metes and bounds as they 
 may deem proper, within which all buildings, to be erected after the 
 expiration of three calendar months from the passage of such ordi- 
 nance, shall be built of brick or stone, or materials other than wood, 
 and in such manner as they may determine and specify in such 
 ordinance. Said ordinance shall be published in the corporation 
 newspapers at least once a week for the space of three calendar 
 months after the same shall have been passed, and before it shall 
 take effect as law. 
 
 §11. Any such limits heretofore designated by the said common Former 
 council shall remain and continue with the same effect, and the same hmits - 
 provisions shall apply thereto, as if established in exact conformity 
 with the provisions of " An act to amend the act to incorporate the 
 city of Brooklyn," passed April twenty-nine, eighteen hundred and 
 thirty-five, and as if the ordinances heretofore passed in relation 
 thereto had been duly passed, approved and published, and the said 
 limits shall continue, and the provisions of law now applicable, or 
 which may be applied as aforesaid thereto, shall remain in full force, 
 except as the same may be modified by this act or the ordinances 
 passed in pursuance thereof. 
 
 § 12. Any such limits, heretofore designated or hereafter to be des- Enlargement 
 ignated, may be enlarged from time to time by the common council, ot hmitM - 
 as the public good may be deemed to require, upon the written peti- 
 tion of any owner of property within the territory proposed to be 
 included in said limits, provided that such enlargement is not remon- 
 strated against by a greater number of owners in the said territory 
 than petition therefor, after the notice of such application shall have 
 
48 
 
 been published, as hereinafter required ; and all provisions of law 
 
 inconsistent herewith are repealed. 
 Notice of §13. If any such application shall be presented to the common 
 petition. council, they shall cause notice thereof to be published in all the 
 newspapers employed by them at least once a week for six weeks 
 successively, and that they will proceed to act upon such petition on 
 a day therein to be specified, which shall be after the expiration of 
 the said six weeks, and they shall publish with such notice, as a part 
 thereof, a description of the territory proposed to be so designated, or 
 which it .is proposed to include within any such limit. 
 Present $ 14. Any building erected in any such district previous to the de- 
 
 boVepaired signation or enlargement thereof, and covered with boards or shingles, 
 may be repaired or new roofed with boards or shingles ; and all 
 steeples, cupolas, and spires of churches and other public buildings, 
 and all privies not exceeding ten feet square, and lime houses the 
 height of which shall not exceed ten feet exclusive of the roof, may 
 be built of wood and boards, and covered with boards or shingles. 
 Penalty. $ 15. If any building shall be erected or roofed contrary to this act, 
 or to the provisions of any such ordinance, the owner or owners there- 
 of shall for every such offence forfeit and pay the sum of two hundred 
 and fifty dollars, to be recovered, with cost of suit, in any court of 
 record within this state, by the city, for the use of the fire department 
 of the district ; and every such building erected or roofed contrary to 
 this act, or to the provisions of such ordinance, shall be deemed a 
 commc n nuisance, and the owner or occupant thereof may be indicted 
 therefor, and on conviction shall be punished by fine or imprisonment, 
 as the court having cognizance thereof may deem proper, and such 
 court shall also order and cause such nuisance to be abated or re- 
 moved. 
 
 Damages for § 16. Any person who shall be or shall have been injured or dam- 
 buiid , h3p8° W " aged by reason of the pulling down or destruction of any building in 
 said city, for the purpose of preventing the spreading of fire, pursuant 
 to authority granted by section fifty-seven of an act to incorporate the 
 city of Brooklyn, passed April 8, 1834, and section nine of title 
 seven of the act hereby amended, may institute against the said city 
 an action to recover compensation for such injury or damages ; and 
 in case of a final judgment being recovered in such action against 
 the city, the amount so recovered, with interest and all the costs and 
 expenses of the city in the defence of such suit, shall be added to and 
 collected with the amount to be raised by the general tax in said 
 city. In any such suit, the plaintiff or plaintiffs shall recover for 
 only such damage or injury as he or they shall be proved to have 
 sustained beyond what apparently would have been sustained from 
 the fire, to prevent the spread of which such building was so destroy- 
 ed or damaged. And no execution shall issue upon any such judg- 
 ment, but the amount thereof shall be paid by the city of Brooklyn, 
 out of the amount added to and included in the next general tax, as 
 herein provided, when collected. 
 Suits for § 17. The fines and penalties prescribed by this title, and by any 
 ordinance passed or which may be passed by the said common coun- 
 
49 
 
 « 
 
 cil for establishing fire districts, or the prevention of fires, or for regu 
 lating the storage of gunpowder and other articles of a combustible na- 
 ture, shall be sued for and recovered by th^fire departments of the city. 
 
 $ 18. The board of officers of the fire department of the city of Board of 
 
 • a. • fire w B r d c 
 
 Brooklyn may, at its first meeting after this act shall take effect, 
 nominate, for the office of fire wardens, five firemen or exempt firemen 
 who shall have served at least seven years in the fire department of 
 said city, and if such persons be approved by the common council, 
 they shall be appointed and shall be known as the board of fire 
 wardens. The said wardens shall perform such duties and receive 
 such annual compensation as the common council may from time to 
 time prescribe, not exceeding three hundred dollars for each. The 
 chief and assistant engineers of said department for the time being 
 shall be ineligible to the office of fire warden. 
 
 TITLE VIII. 
 
 OF COMMISSIONERS OF EXCISE. 
 
 Section 1. There shall be elected in each ward of the city, at the c . ommis " 
 first election of city officers under this act, one commissioner of excise ; eaciTward. 
 and there shall be elected every year thereafter, at the annual election 
 of city officers, such commissioner in those wards respectively where 
 the term of office as hereinafter fixed shall expire, and in those only. 
 The several commissioners, so elected, shall together constitute a board 
 of excise. 
 
 § 2. The commissioners of excise first elected shall, at the first Classified, 
 meeting of the common council thereafter, be divided by the mayor 
 into two classes, as nearly as may be, in the manner hereinbefore 
 provided for dividing the board of aldermen into two classes. 
 
 § 3. The first of said classes shall hold office for one year, and the Term of 
 second for two years ; but after the first year the term of office of the office ' 
 said commissioners of excise shall be two years. 
 
 § 4. The common council shall, by ordinance, fix the penalty which Penalty for 
 shall be paid by every person so elected who shall neglect or refuse to 3efJc. ng t0 
 qualify and serve as a commissioner of excise, and shall enforce the 
 collection of the same in the manner herein provided for collecting 
 other penalties for the violation of city ordinances, but the penalty so 
 to be fixed by the sai^ommon council shall not exceed fifty dollars. 
 
 § 5. The commissioners of excise shall meet on the second Tuesday Meetings, 
 of May in each year at the city hall, and shall elect one of their num- 
 ber president, and may adjourn from time to time, as they may think 
 proper, for the transaction of business. The city clerk shall be the 
 clerk of the board of excise, and shall keep the book of minutes re- 
 quired by law, which book shall at all times be open for inspection in 
 the office of the said city clerk. 
 
 § 6. The majority of said commissioners shall be competent to exe- Quorum, 
 cute the powers vested in said board. They shall grant licenses to L i cenges . 
 tavern keepers and grocers, who are residents of the city of Brooklyn, 
 to sell wines and liquors in the cases and in the manner, but with the 
 qualifications and restrictions, authorized by law, and may revoke the 
 7 
 
50 
 
 same at pleasure. They shall also fix the sum to be paid for licenses, 
 which shall not be less than ten nor more than fifty dollars. The ayes 
 and noes on granting such licenses shall be recorded on the minutes. 
 
 § 7. Such licenses shall be signed by the president and clerk. They 
 shall not be delivered until the sums to be paid therefor and the fees 
 accruing thereon are paid to said clerk, and the bond required by law 
 is duly executed and approved by the board of excise, and when issued 
 shall be in full force, unless revoked, until the second Tuesday of May 
 in the following year. Immediately upon the receipt of such sums 
 and fees by said clerk, he shall pay them over to the county treasurer, 
 and render an account thereof to the comptroller. 
 
 § 8. The commissioners of excise shaft be entitled to receive two 
 dollars a day for their services in lieu of all fees and perquisites what- 
 ever, but the pay of no member shall exceed ten dollars in any one 
 year, which, together with the necessary expenses of blank forms of 
 license and advertising, shall be paid by the county treasurer, on the 
 certificate of the city clerk. 
 
 § 9. The bonds to be taken on granting licenses shall be similar to 
 those prescribed in like cases in the ninth title of the twentieth chap- 
 ter of the first part of the revised statutes, and shall be disposed of 
 and prosecuted in the same manner therein directed. 
 
 TITLE IX. 
 
 OF THE BOARD OF HEALTH. 
 
 Board of Section 1. The aldermen of said city, or such number of their 
 
 health t . . 
 
 body as the common council shall designate," shall constitute a board 
 of health, and the mayor, or in his absence or inability to act, the 
 president of the board of aldermen shall be president thereof. The 
 city clerk shall be clerk of said board, and shall keep a journal of its 
 proceedings. 
 
 Mayor to § 2. It shall be the duty of the mayor or the president of the board 
 preside. f aldermen, at all meetings of said board, when he shall be informed 
 of any matter requiring the action of the board of health, to lay such 
 matter before them, and they shall thereupon proceed to consider 
 and act upon the same. The said board may also be convened at 
 any time by notice from the clerk, under the^irection of the presi- 
 dent or any two of the members, for the tranMction of business ; and 
 the said board of health shall have, possess and exercise the same 
 power and authority in said city as the board of health in the city of 
 New- York. 
 
 Office. § 3. The board shall designate a place to be called the " office of 
 
 the board of health," at which the president or one or more of the 
 members shall attend daily (Sunday excepted,) from the first day of 
 June to the first day of October, in each year, and they may so at- 
 tend on Sunday, if necessary ; and the person or persons so attending 
 shall enter in a book, to be kept for that purpose, all matters which 
 shall come before or be transacted by them as president or members 
 of the board of health. 
 
51 
 
 § 4. No vessel subject to the examination of the health officer of Approach of 
 the port of New- York shall approach to the city of Brooklyn beyond vesse s ' 
 the place which shall, at the time of such approach, be assigned for 
 quarantine, without a permit from him, countersigned by the presi- 
 dent of the said board of health. 
 
 $5. Every person practising physic in the said city, who shall Physicians to 
 have a patient sick of any malignant, infectious or contagious disease, of P maiigna n S t 
 shall make and file a written certificate thereof in the office of the sickness, 
 board of health, stating the name of such patient, and the house and 
 place where he shall then be, and the board of health may require 
 any such physician to make and file in said office, within such time 
 as they may prescribe, not less than three hours after service of a 
 copy thereof upon him, an affidavit, stating therein whether he has 
 or has not any patient, who, in his opinion, shall then be sick of any 
 such disease, and if he has any such patient, to state in such affidavit 
 his or her name, and the house or place in said city where he or she 
 shall then be, and the nature or name of such disease, to the best of 
 his knowledge and belief. 
 
 § 6. The common council may, by ordinance, require every person Bording- 
 keeping a boarding or lodging house in said city, within six hours ^"to report 
 after any seafaring man or sojourner shall be sick in such house, to 
 file in the office of the mayor of said city a certificate thereof, signed 
 by him or her, stating the location of such house and the name of 
 such diseased person. 
 
 $7. No person shall remove any sick person from any vessel or sick persons 
 from any other place in said city without written permit for that pur- not t0 , b * re ' 
 
 ii i -i i pti i „moved from 
 
 pose, granted by the president or one ot the members oi the board of vessels, 
 health of said city. 
 
 § 8. The board of health of said city shall have the charge, control Hospitals, 
 and management of all lands, buildings and premises thereon, which 
 may be purchased, owned, leased or hired by the common council 
 for the purpose of a hospital or hospitals, and for the purpose of pre- 
 serving the health of the inhabitants of said city. It shall possess 
 and may exercise the following powers : 
 
 1 . By proclamation to prohibit or regulate the intercourse by land Powers of 
 and ferries, or otherwise, between this city and any place or places board * 
 where they may be informed that any infectious or contagious disease 
 
 shall prevail. 
 
 2. By resolution to direct any vessel lying at a place within three 
 hundred yards of any wharf, landing place or shore of said city, and 
 from which they shall deem it probable that any infectious or conta- 
 gious disease may be brought into said city or communicated to the 
 inhabitants thereof, to be removed to the distance of at least three hun- 
 dred yards from any wharf landing place or shore of said city, within 
 six hours after a copy of such resolution, certified by the city clerk, 
 shall be delivered to the person or persons having the command of 
 such vessel, or to the master, owner or consignee thereof; and every 
 such person or persons, master, owner or consignee to whom such 
 copy of such resolution shall be delivered, shall forthwith comply 
 with the same. 
 
52 
 
 3. By resolution to direct to be removed to the hospital of said city, 
 or other place to be designated by them, all persons sick of a malig- 
 nant, infectious or contagious disease, and all things within the city, 
 which, in their opinion, shall be infected with any matter likely to 
 communicate disease to the inhabitants, and to cause such resolution 
 to be carried into effect. 
 
 4. By resolution to djrect any bedding, clothing, putrid or unsound 
 beef, pork, fish, hides or skins of any kind, or any other articles found 
 within said city, and which, in its opinion, shall be dangerous to the 
 health of the inhabitants thereof, to be destroyed by casting the same 
 into the East river, below low water mark, at a suitable distance 
 from the shore, or in such other manner as it may direct ; and it 
 may employ such person or persons as it may deem proper to remove 
 or destroy such articles ; and every person who shall in any manner 
 resist or hinder any person so employed, shall be deemed guilty of 
 a misdemeanor. 
 
 viokui 168 f ° r § ^* ^ vei T P erson wno shall violate, or neglect, or refuse to comply 
 rules. with any provision contained in this title, or in the proclamation or 
 resolution made or passed by the board of health in pursuance there- 
 of, shall be deemed guilty of a misdemeanor, and on conviction there- 
 of shall be punished by a fine not exceeding two hundred and fifty 
 dollars, or imprisonment not exceeding six months, or both ; and all 
 such fines when collected shall be paid to the treasurer of said city 
 for the use of the said board of health. 
 Health offi- §10. The health officer of said city shall visit all sick persons who 
 cer s duties, gjjgrj fa reported to the board of health in pursuance of this title, and 
 report to the board of health in writing, his opinion of their sickness ; 
 and he shall attend at said office at such times as the board shall 
 direct, for the purpose of conferring with the president or other mem- 
 bers of the board in relation to the health of said city. He shall visit 
 and inspect all vessels coming to the wharves, landing places or 
 shores of said city, or within three hundred yards thereof, which are 
 suspected of having on board any infectious or contagious disease, or 
 likely to communicate the disease to the inhabitants of said city, 
 and all stores and places within said city which are suspected to con- 
 tain putrid or unsound provisions, or other articles likely to commu- 
 nicate disease to the inhabitants, and make and sign a report in wri- 
 ting, stating the vessel, stores, places and articles so inspected by 
 him, and the nature, state and situation thereof, and his opinion, in 
 relation thereto, as to the probability of disease being communicated 
 by or from the same, and file such report in the office of the board of 
 health. He shall also discharge such other duties as shall from time 
 to time be prescribed to him by the board of health. 
 Power to § 11. The common council are hereby authorized to procure on 
 money; l° an 011 the credit and faith of the city, from time to time, such sum 
 or sums of money as a majority of the aldermen elected may deem 
 necessary to pay losses or expenses, not provided for in this act, 
 which may arise from any accident by flood, fire or otherwise, or to 
 pay any expenses necessarily incurred in the protection and preserva- 
 tion of the health of said city and its inhabitants, in case of any pre- 
 
53 
 
 vailing epidemic disease or sickness, provided that the sums of money 
 so to be procured shall in the first case be declared to be necessary 
 and proper by a certificate to be signed by the mayor, county judge, 
 and street commissioner, and in the latter case by a certificate to be 
 signed by the mayor, health officer of said city and the presiding 
 officer of the Kings county medical society, which certificates shall 
 be presented to the common council before they shall take any action 
 in the matter, and the money so obtained shall be applied only to the 
 specific use and purpose for which it shall be so borrowed. The 
 amount so raised and borrowed shall be levied, assessed and collected 
 in the next annual tax in the same manner as the other expenses of 
 said city. 
 
 TITLE X. 
 
 OF THE FINANCIAL DEPARTMENT. 
 
 Section 1. The accounts of the city and management of its finan- Finances, 
 ces shall be under the direction of the comptroller of said city, subject 
 to the provisions of this act and to the ordinances of the common 
 council. 
 
 § 2. The said accounts shall be distributed in three distinct classes : ciassificn- 
 the first of said classes shall embrace all such expenditures as are to accounts, 
 be made out of money raised by general tax, and shall be called the 
 general fund ; the second, such as are to be made out of money raised 
 by a special or local tax or assessment, and shall be called the special 
 fund ; and the third class shall consist of accounts of the sinking fund. 
 And no money raised for the use of one of said funds shall be at any 
 time used for the purposes of either of the other of said funds. 
 
 § 3. The accounts of the general fund shall always exhibit the re- General 
 ceipts and expenditures of each department of the city government, fund - 
 and no receipt of expenditure of money shall at any time be charged 
 or credited to any other than its appropriate account. The accounts Special 
 of the special fund, in addition to the general account of said fund, fund - 
 shall at all times exhibit the amounts received and paid under each 
 item composing said fund, with the amounts received and paid for 
 interest on each. The sinking fund account shall exhibit the amounts sinking 
 received into said fund, specifying from what sources they have been fund - 
 received, together with the amount and description of securities 
 belonging to said fund. 
 
 § 4. The faith of the said city and the property now belonging to Debts of the 
 the present cities of Brooklyn and "Williamsburgh, respectively, are ciUes C to V be 
 pledged for the final payment of all moneys heretofore borrowed or paid, 
 raised by said cities respectively under or by virtue of any law of this 
 state ; and until said several sums of money shall be fully paid, there 
 shall be levied and collected, by a general tax on that part of the city 
 embraced in the present city of Brooklyn, in the same manner as other 
 taxes for said city at large, the sum of seven thousand eight hundred 
 dollars in each of the next six years, and thereafter annually the sum 
 of six thousand dollars, until the surplus of the debt on its property as 
 hereafter mentioned shall be provided for, and then upon the whole 
 
54 
 
 Brooklyn 
 debts. 
 
 Brooklyn 
 sinking fund, 
 
 Investment 
 of sinking 
 fund. 
 
 Report of 
 commis- 
 sioners. 
 
 Permanent 
 loans. 
 
 Vote upon. 
 
 Bonds when 
 to be issued 
 
 city. There shall be levied and collected in the same manner, on that 
 part of the city embraced in the present city of Williamsburgh, a 
 sufficient sum to pay off an amount of its debt equal to its surplus as 
 hereinafter mentioned, and the residue of the debt shall be levied and 
 collected upon the whole city. 
 
 § 5. The several sums of money in the present city of Brooklyn so 
 to be raised, together with all the interest accruing from its invest- 
 ment, and all moneys now raised for a similar purpose, shall be and 
 remain pledged and applied to redemption of loans procured by said 
 present city of Brooklyn ; nor shall any other investment or use be 
 made of such moneys or securities, except as herein provided, and 
 any other appropriation thereof shall be deemed a misdemeanor and 
 punishable accordingly. 
 
 § 6. The fund thus designated, together with all former and subse- 
 quent accumulations, shall be called the " sinking fund of the city of 
 Brooklyn," and shall be managed by the mayor, treasurer and comp- 
 troller of said city, as ex-officio commissioners of said fund, a majority 
 of whom shall constitute a quorum for the transaction of business. 
 
 § 7. The said commissioners shall from time to time invest the 
 money of said fund in any stocks for the payment of which the faith 
 of this state or the United States is or shall be pledged ; or in any of 
 the bonds or securities issued by said city or the county of Kings ; and 
 to deposit said moneys with any safe moneyed corporation in this 
 state, and make such contract with such institution for the duration 
 of such deposits and the interest thereon as they shall consider for the 
 best interest of such fund ; and may also, at such times and upon such 
 terms as they may deem advisable, pay any part of the moneys bor- 
 rowed or raised as aforesaid before the time limited for the payment 
 thereof. 
 
 § 8. The said commissioners shall report to the common council 
 semi-annually, at its first meetings in January and July, a particular 
 account of the condition of said fund, specifying the receipts and pay- 
 ments since the last report, the amount and description of stocks held 
 by them, with the interest they bear, the institutions holding deposits, 
 the amount of such deposits, and the rate of interest paid thereon 
 respectively, also the amount of loans purchased, if any, and the rate 
 paid therefor. 
 
 § 9. The common council shall have power to make permanent 
 loans for the use of said city, and to issue bonds therefor, payable at 
 such times, in such manner and at such rates of interest as they may 
 direct, if the proposition for creating such debt shall have been 
 previously submitted to the electors of said city at a regular charter 
 election, of which three months' previous notice shall have been pub- 
 lished in the corporation newspapers, and such proposition shall have 
 then received the affirmative vote of the majority of the voters at such 
 election. 
 
 § 10. The common council may by ordinance direct the mode and 
 manner of submitting such proposition to the electors of said city. 
 
 §11. In case the majority of said electors shall be in favor of creat- 
 ing such loan, the common council which shall be in office next after 
 
55 
 
 such election has taken place may, hy the vote of the majority of all 
 the members elected, confirm such loan ; but no bonds shall be issued 
 therefor until the common council shall have made specific provision 
 for a sinking fund, to be raised by an annual tax sufficient to pay and 
 discharge such bonds at maturity, and the faith and property of the 
 city shall be and is hereby pledged for the final payment of any and 
 all such loans. 
 
 § 12. The common council, after the taxes have been levied in any Temporary 
 year, shall have power to make temporary loans, in anticipation of lottns - 
 the collection of such taxes, such loans to be applied to the purposes 
 for which such taxes may have been levied, and for no other purpose, 
 and such taxes shall be inviolably applied to repay such loans. 
 
 $ 13. The common council shall also have po er, after any assess- certificates 
 ment for a local improvement has been confirmed, and a contract for °ggg^ ted * 
 making the same has been entered into, to issue certificates of indebt- assessments, 
 edness to th.% contractor, payable out of such assessments when col- 
 lected, and bearing interest after the expiration of one hundred and 
 twenty days from the delivery of the assessment roll to the collectors ; 
 but no certificate shall at any time previous to the completion of the 
 work exceed seventy-five per cent, in value of the work actually done, 
 and they may issue a warrant for the collection of the assessment im- 
 posed before the work shall have been completed. 
 
 § 14. Whenever the city shall by law be authorised to borrow mo- Moneys 
 ney for any specific purpose, the moneys so borrowed shall be applied jj°"pp{|J d to 
 only to such purpose, except the surplus thereof, if any surplus should to specific 
 remain after accomplishing such purpose ; and it shall not be lawful P ur P° ses - 
 for the common council of the said city to borrow any money, or to 
 enter into any contract by which they may be compelled to pay mo- 
 ney, except for the purposes for which they are or may be authorized 
 to raise money by tax, and then only to an amount not exceeding the 
 sum they are authorized by law to raise by tax during that municipal 
 year for the purposes for which such money may be borrowed or con- 
 tract entered into ; and it shall be the duty of the said common coun- 
 cil to pay all money so borrowed, with interest accrued thereon, and 
 to discharge all such contracts out of the money raised by tax during 
 the same municipal year in which the money is borrowed or contract 
 entered into, except as by this act provided. 
 
 $ 15. It shall be the duty of the comptroller to state and keep an Property 
 account, under the direction of a committee of the common council, Brooklyn ° f 
 composed of one from each of the present cities of Brooklyn and Wil- wniiams- 
 liamsburgh and town of Bushwick, showing the property and assets Bushwfck. 
 held by each respectively in their corporate right, and the value 
 thereof on the first day of January, 1855 ; and also showing the 
 amount of the debts of each on that day actually existing or contin- 
 gently arising from any work done for, or liability incurred, or proper- 
 ty purchased by them respectively. Such property shall be the 
 common property of the whole city, subject however to the pledges 
 heretofore made by law of the portion of each present city and town. 
 The value of the property and assets of e&ch present city and town 
 shall be deducted from the debts of each, and the surplus of debt of 
 
56 
 
 each, over the amount of its property and assets, shall continue a 
 particular debt upon each respectively ; the residue shall be common 
 debt of the whole city. If the property and assets of either of said 
 present cities and town shall exceed its debts, the balance shall be 
 credited to it in the taxes of the year 1855. The property and as- 
 sets of any district of either of the said cities or town shall, for the 
 purposes of such account, be considered the property of the city or 
 town in which the district is located. Any ward not heretofore in- 
 cluded in the fire department districts of Brooklyn or Willi amsburgh, 
 hereby or hereafter to be admitted to the use of the fire department 
 property of the said city, shall contribute its proportion to the value 
 of such property in the district in which it is located, to be deter- 
 mined by the fire department committee of the common council, and to 
 be raised by tax in one or more annual instalments, as the common 
 council shall determine. fc 
 Auditor and §16. It shall be the duty of the auditor and comptroller to examine 
 toTxamiuV annually the accounts of the collectors of taxes and assessments, and 
 accounts of f the treasurer, and to audit the same, and to present to the common 
 annually, council, at*ts first meeting after the first day of July in each year, 
 the result in writing of such examination. The common council or 
 the finance committee thereof may at any time order further examin- 
 ations, by the auditor and comptroller, of such accounts. All other 
 officers of the city receiving and disbursing moneys shall present their 
 accounts annually to the auditor and comptroller for examination, 
 who shall audit the same and report the result to the common coun- 
 cil. The common council may, by ordinance or resolution further 
 define and prescribe the duties of the auditor and comptroller in the 
 premises. 
 
 TITLE XL 
 
 MISCELLANEOUS PROVISIONS. 
 
 Perjury. Section 1. Any person who may be required to take an oath or 
 affirmation, under and by virtue of any provision of this act, who 
 shall wilfully swear or affirm falsely to any material fact or matter 
 under such oath or affirmation, legally administered, shall, upon 
 conviction, be adjudged guilty of perjury. 
 
 Competency. § 2. No person shall be incompetent, as a judge, justice, witness or 
 juror by reason of his being an inhabitant or freeholder in the city of 
 Brooklyn, in any action or proceeding in which the city is a party or 
 interested. 
 
 Certain offi- § 3. The office of the city clerk, street commissioner, comptroller, 
 offices C of red anQl collectors of taxes and assessments shall be and they are hereby 
 record. declared to be offices of record, for the purpose of filing, recording 
 and safe keeping any and all papers and documents of the city, and 
 appertaining or belonging to the said several offices ; and all pro- 
 visions of law relating to offices of record, or the preservation or safe 
 keeping of papers or records therein, are hereby declared to apply to 
 said several offices. 
 
57 
 
 § 4. Every embezzlement of money by any officer elected or appoint- Embeziie- 
 ed under this act, or by a clerk, deputy or assistant of such officer, shall ment - 
 be deemed a felony, punishable by fine or imprisonment, or both. 
 
 § 5. Every ordinance, resolution or by-law of the common council £ r ™° n f a °^ eg 
 may be read in evidence in all courts and legal proceedings, from the 
 volume of ordinances published or to be published by order of the 
 said common council, without any other proof of the passage or pub- 
 lication thereof ; but such publication shall be only presumptive 
 evidence that the same has been duly published in the corporation 
 newspapers as required by this act. 
 
 § 6. Any civil or criminal process, attachment or execution may be service of 
 served or levied upon any person or property on board of any vessel J^and 1 
 which, at the time of such service or levy, shall be attached or fast- vessels, 
 ened to any wharf, pier, bulkhead or landing place in said city, or 
 lying so near thereto that a person can step from the same upon such • 
 vessel, or shall be fastened to any other vessel or vessels which shall 
 be so attached or lying to any such wharf, pier, bulkhead or landing 
 place, in the same manner and with like effect as if such vessel was 
 actually within said city. 
 
 § 7. When a penalty is created, or authorized to be created, by this Penalties 
 act, and no particular provision herein is made as to the application pay ab e ie e ?nto 
 thereof, when recovered, such penalty shall, when so recovered, be city treasury 
 paid into the city treasury for the use of the city. 
 
 §8. The common council shall have power to provide a suitable Armory, 
 armory, gun-houses and drill rooms for the use of the military of the e^- 1101156 ' 
 said city. 
 
 § 9. The existing ordinances, by-laws and regulations of the present Existing 
 city of Brooklyn, not relating to local improvements, as the same of d B°ookiyn 
 have been passed, shall be and continue in full force and effect, in the 
 same manner and to the same extent and effect as though they had 
 been published pursuant to law, and shall be in full force and effect, 
 as regards the city hereby incorporated, together with such others as 
 may from time to time be passed, until the same shall be repealed 
 by the common council. 
 
 § 10. All taxes and assessments in the said present cities and town, Taxes due 
 remaining due and unpaid on the first day of January, one thousand ^"obe" 1 ' 
 eight hundred and fifty-five, shall be collected as now provided by applied, 
 law, except that the supervisors, in cases of taxes remaining unpaid 
 on the first day of July, one thousand eight hundred and fifty-five, 
 and the common council, in cases of assessments remaining unpaid 
 on the last mentioned day, shall have power and are hereby author- 
 ized to issue warrants for the collection of the same to the collectors 
 of taxes and assessments to be elected under the provisions of this 
 act, who shall proceed under said warrants to collect the said taxes 
 and assessments, and shall make their returns thereto, and pay over 
 the money collected by them respectively under the same, to the 
 several officers designated in this act for that purpose ; and all pro- 
 ceedings after the expiration of any warrant for the collection of any 
 of such taxes and assessments shall be conducted according to the 
 provisions of this act. Such taxes shall be applied to the purposes 
 8 
 
58 
 
 for which they shall have been levied in the present cities of Brooklyn 
 and Williamsburgh and town of Bushwick respectively. 
 
 § 11. The expenses of any local improvement commenced by the 
 present cities of Brooklyn and Williamsburgh, respectively, before the 
 first day of January, one thousand eight hundred and fifty-five, for 
 which expense no assessment shall have been laid, shall be assessed 
 as now provided by-law in the said cities, respectively, except that 
 the duties in relation thereto, now devolved upon the common council 
 and officers of the said cities respectively to be performed, shall be 
 performed by the common council of the city of Brooklyn hereby 
 incorporated, and by the officers to be elected and appointed and 
 authorised to perform similar duties under this act, except that if 
 commissioners shall have been appointed to lay any assessment they 
 shall complete such assessment. 
 
 § 12. All the rights, interest, property, claims and demands what- 
 f soever, belonging to or to accrue to the present cities of Brooklyn and 
 Williamsburgh and town of Bushwick, shall belong to and be vested 
 in the city of Brooklyn, hereby incorporated, and all liabilities and 
 responsibilities of either in favor of third parties shall be assumed by 
 and may be enforced against the city of Brooklyn, hereby incorpora- 
 ted, but each of the present cities of Brooklyn and Williamsburgh and 
 town of Bushwick shall be, as between each other, liable for its own 
 indebtedness and entitled to its own property, as hereinbefore provi- 
 ded ; all suits in favor of or against the present cities of Brooklyn and 
 Williamsburgh and town of Bushwick, shall be continued against the 
 same respectively until judgment. 
 
 $ 13. There shall be a board of education, and all the provisions of 
 law relating to the board of education of the present city of Brooklyn 
 shall apply thereto, except that the board hereby authorized shall be 
 constituted of the members of the said present board, and such addi- 
 tional members as may be appointed by the common council for the 
 portion of the city embraced in the present city of Williamsburgh and 
 town of Bushwick, and the said common council is hereby authorized 
 and required to appoint and classify such additional members, having 
 reference therein to the proportional increase of inhabitants by the 
 additional territory ; and the school property of the cities of Brooklyn 
 and Williamsburgh and town of Bushwick, and the several districts 
 thereof, shall be valued by the first board of assessors elected after 
 this act shall take effect, and the board of supervisors of the county 
 shall proceed to equalize the said value by assessing the aggregate 
 amount thereof upon the whole city, and crediting each school district 
 (the city of Brooklyn to be considered as one district) on account of 
 its general tax with the value of its separate school property, and any 
 special school taxes already laid and in process of collection. The 
 eighth and twentieth sections of the act entitled to reorganize and 
 regulate the common schools and board of education of the city of 
 Brooklyn, passed April 4, 1850, is hereby repealed. 
 
 § 14. This act is hereby declared to be a public act. All acts and 
 parts of acts of the legislature of this state, not inconsistent with the 
 provisions of this act, and not hereby repealed, shall be and remain in 
 
59 
 
 full force and effect ; but any proceedings now pending, or that shall 
 have been commenced before this act takes effect as a law, shall be 
 continued and completed as if this act had not been passed, except as 
 herein provided. 
 
 § 15. This act shall take effect on the first Monday of January, Times when 
 one thousand eight hundred and fifty-five, except sections three, four, ta k e s effect, 
 five, six, seven, eight and nine of title three, which shall take effect 
 on the first day of May next after the passage of this act. The terms 
 of office of the city and town officers elected or appointed for the pre- 
 sent cities of Brooklyn and Williamsburgh and town of Bush wick shall 
 expire on the first day of January, one thousand eight hundred and 
 fifty-five, except that the incumbents of the offices of street commis- 
 sioner, counselor and commissioner of repairs and supplies of the 
 present city of Brooklyn, and the incumbent of the office of clerk of 
 the present city of Williamsburgh, shall perform the duties devolved 
 upon the street commissioner, counselor, commissioner of repairs and 
 supplies and clerk by this act, until the expiration of the terms for 
 which they were respectively elected or appointed under the existing 
 law ; and except that the incumbent of the office of collector of taxes 
 and assessments of the present city of Brooklyn shall perform the 
 duties devolved upon the collector of taxes and assessments of the 
 western district by this act, until the expiration of the term for which 
 he was elected under the existing law ; and the incumbent of the 
 office of collector of taxes and assessments of the present city of Wil- 
 liamsburgh shall perform the duties devolved upon the collector of 
 taxes and assessments of the eastern district by this act, until the 
 expiration of the term for which he was elected under the existing 
 law ; and except that the incumbents of the offices of street commis- 
 sioner and counselor of the present city of Williamsburgh shall con- 
 tinue to perform the duties of street commissioner and counselor, for 
 the purpose of closing up all the unfinished business in their respective 
 departments, until the expiration of the term for which they were 
 elected, and they are vested with such power, subject nevertheless to 
 the directions of the common council of the city hereby incorporated ; 
 and it shall be the duty of the officers retained in office by this act to 
 close up the unfinished business of the said cities and town in their 
 respective departments, under the direction of the said common 
 council, except as herein otherwise provided, and except that the 
 policemen now in office shall retain their offices until others shall be 
 appointed under the provisions of this act. All officers elected or 
 appointed under and by virtue of this act shall hold their offices for 
 the term specified in this act, and until others shall be elected or ap- 
 pointed in their stead and have duly qualified. 
 
 § 16. The books, papers and documents now on file or kept in any Rooks, &c, 
 office in the present cities of Brooklyn, Williamsburgh and town of' be .^ a "«- 
 
 t» l • i i 1 1 i / rr> /» • ferred to city 
 
 Uushwick shall be transferred to such offices of the city hereby incor- office*, 
 porated as the common council shall by resolution direct. 
 
 * 17. Th c provisions of this act shall not be construed to recognize 
 or authorize any encroachment upon the navigable waters of the East 
 river or harbor of New- York. 
 
INDEX. 
 
 Tit. Sec Page. 
 
 Abstract of assessment rolls to be made, V. 12 37 
 
 Affidavit of publication, V. 35 40 
 
 Affidavit of service of notice, V. 28 40 
 
 Aldermen, board of — II. 2 9 
 
 Aldermen, classification of II. 4 9 
 
 Aldermen, powers of II. 5 9 
 
 Aldermen, qualifications of II. 3 9 
 
 Aldermen, terms of II. 5 9 
 
 Aldermen to be fence viewers, II. 20 16 
 
 Amount of surety, _ III. 27 24 
 
 Annual meeting, _ II. 22 16 
 
 Appointment of officers, III. 24 23 
 
 Approach of vessels, IX. 4 51 
 
 Armory, gun-house, &c, ^ XL 8 57 
 
 Assessment laws, IV. 33 34 
 
 Assessment rolls, V. 10 36 
 
 Assessment rolls, abstract of to be made, V. 12 37 
 
 Assessments, notice of IV. 24 32 
 
 Assessors, election of - IV. 28 33 
 
 Assessors, pay of IV. 32 33 
 
 Assessors, powers of IV. 29 33 
 
 Assistant collectors, V. 4 35 
 
 Assistant collectors, their powers, V. '6 35 
 
 Assistant captains of police, VI. 21 45 
 
 Attorney and Counsel, III. 18 22 
 
 Auditor, III. 17 21 
 
 Auditor and comptroller to examine account of collectors annually. .X. 16 56 
 
 Ballots, ------- III. 4 17 
 
 Board of aldermen, - II. 2 9 
 
 Board of assessors, president of - IV. 31 33 
 
 Board of canvassers, - - - - - III. 7 18 
 
 Board of canvassers, minutes of - III. 10 19 
 
 Board of education, ..... XI. 13 58 
 
 Board of firewardens, - VII. 18 49 
 
 Board of health, - - - - - . - IX. 1 50 
 
 Board of health, office of - - - - - IX. 3 50 
 
 Board of health, penalty for violating rules, - - IX. 9 52 
 
 Board of health, powers of - - - - IX. 851 
 
 Board of health, president of IX. 2 50 
 
 Boarding-house keepers to report cases of sickness, - IX. 6 51 
 
 Bond for licenses, ..... VIII. 9 50 
 
 Bonds for loans, when to be issued, - - - X. 11 54 
 
 Bonds of collectors, .... - V. 2 34 
 
 Books, papers, &c, to be transferred to the city offices, - XL 16 59 
 
 Boundaries, - I. 13 
 
 Brooklyn debts, - X. 5 54 
 
 Brooklyn sinking fund, ..... X. 6 54 
 
 Canvass of November, 1854, - III. 6 18 
 
 Canvass, certificate of result, ... - HI. 9 18 
 
 Canvass, statements of - - - - III. 5 18 
 
 Captains of police, - VI. 5 43 
 
 Captains of police, their duties, - - - - VI. 6 43 
 
 Certain offices declared offices of record, . - - XL 3 56 
 
61 
 
 
 Tit. 
 
 Sac. 
 
 Page. 
 
 Certificates of indebtedness for assessments, 
 
 X. 
 
 13 
 
 55 
 
 Chief of police, - 
 
 X 7 
 
 VI. 
 
 2 
 
 42 
 
 Chief of pohce, his powers, * 
 Chief of police may suspend policemen, - 
 
 VI. 
 
 3 
 
 42 
 
 V. 
 
 14 
 
 44 
 
 City clerk, his duties, - 
 City court of Brooklyn, - 
 
 III. 
 
 20 
 
 23 
 
 III. 
 
 36 
 
 26 
 
 City officers, ------ 
 
 III. 
 
 1 
 
 17 
 
 City offices, qualifications for - - - - 
 
 III. 
 
 2 
 
 17 
 
 City surveyors, ------ 
 
 Classification of accounts, - 
 
 III. 
 
 21 
 
 23 
 
 X. 
 
 2 
 
 53 
 
 Classification of aldermen, - 
 
 II. 
 
 4 
 
 9 
 
 Clerk of common council, - 
 
 II. 
 
 7 
 
 10 
 
 -Clerk of pohce, - 
 
 VI. 
 
 4 
 
 42 
 
 Collectors, election of - 
 
 V. 
 
 1 
 
 34 
 
 Collectors, renewal of bond, - 
 
 V. 
 
 7 
 
 35 
 
 Collectors, suspension of - 
 
 V. 
 
 3 
 
 35 
 
 Collectors, their bonds, - 
 
 V. 
 
 2 
 
 34 
 
 Collectors to pay over moneys collected, 
 
 V. 
 
 13 
 
 37 
 
 Collectors' bonds, when to be sued, 
 Collectors' duties in relation to unpaid taxes, 
 
 V. 
 
 17 
 
 38 
 
 V. 
 
 32 
 
 41 
 
 Commissioner of repairs and supplies, 
 
 III. 
 
 10 
 
 21 
 
 Commissioners to be sworn, * 
 
 IV. 
 
 6 
 
 28 
 
 Commissioners' notice of meeting to revise report. 
 
 IV. 
 
 12 
 
 29 
 
 Commissioners, pay of - 
 
 IV. 
 
 17 
 
 31 
 
 Commissioners, report of - - - 
 
 IV. 
 
 7 
 
 28 
 
 Commissioners' report, appeal from, 
 
 X 7 IT x 7 
 
 IV. 
 
 12 
 
 30 
 
 Commissioners' report, confirmation of - 
 
 X 7 
 
 IV. 
 
 15 
 
 31 
 
 Commissioners' report, costs of appeal from 
 
 IV. 
 
 14 
 
 31 
 
 Commissioners' report, hearing of appeal, 
 
 IV. 
 
 13 
 
 30 
 
 Commissioners of excise, - 
 Commissioners of excise, classified, 
 
 VIII. 
 
 1 
 
 49 
 
 VIII. 
 
 o 
 
 49 
 
 Commissioners of excise, to grant licenses, 
 
 VIII. 
 
 6 
 
 49 
 
 Commissioners of excise, meetings of 
 
 vm. 
 
 5 
 
 49 
 
 Commissioners of excise, pay of - 
 
 VIII. 
 
 8 
 
 50 
 
 Commissioners of excise, penalty for refusing to serve, 
 
 7 X J o / 
 
 VIII. 
 
 4 
 
 49 
 
 Commissioners of excise, quorum of 
 
 VIII. 
 
 6 
 
 49 
 
 Commissioners of excise, term of office. 
 
 VIII. 
 
 3 
 
 49 
 
 Common council, - 
 
 II. 
 
 1 
 
 9 
 
 Common council, certain disabilities of members, 
 
 III. 
 
 33 
 
 25 
 
 Common council, clerk of - 
 
 II. 
 
 7 
 
 10 
 
 Common council, president of - 
 
 II. 
 
 9 
 
 10 
 
 Common council, quorum of 
 
 II. 
 
 8 
 
 10 
 
 Common council, special powers of 
 
 II. 
 
 13 
 
 11-14 
 
 Common council, stated meetings of 
 
 II. 
 
 12 
 
 11 
 
 Common council, terms of office, - 
 
 II. 
 
 6 
 
 9 
 
 Common council, vacancies how filled, - 
 Compensation of policemen, - 
 
 II. 
 
 6 
 
 9 
 
 VI. 
 
 15 
 
 44 
 
 Competency, ------ 
 
 XI. 
 
 2 
 
 56 
 
 Complaints of crimes and offences, 
 
 VI. 
 
 7 
 
 43 
 
 Comptroller, ------ 
 
 III. 
 
 13 
 
 20 
 
 Constables, - - - \ - 
 
 III. 
 
 22 
 
 23 
 
 Conveyance, when to be made, - 
 
 V. 
 
 30 
 
 41 
 
 Conveyances, ----- 
 
 J 7 
 
 V. 
 
 33 
 
 41 
 
 Corporation papers, 
 
 II. 
 
 19 
 
 15 
 
 Correction of assessment, - 
 
 IV. 
 
 26 
 
 32 
 
 Costs and fees of counsel, - 
 
 IV. 
 
 20 
 
 31 
 
 Crimes, report of - 
 
 VI. 
 
 8 
 
 43 
 
 Damage for pulling down buildings, - 
 
 VII. 
 
 16 
 
 4S 
 
 Damages, how to be paid, - 
 
 IV. 
 
 16 
 
 31 
 
 Damages when a person is separated from a highway, 
 
 IV. 
 
 11 
 
 29 
 
62 
 
 
 Tit. 
 
 Sec. Page. 
 
 Debts of the respective cities to be paid, - 
 
 X. 
 
 4 
 
 53 
 
 Deputy collectors, - 
 
 V. 
 
 5 
 
 35 
 
 Deputy collectors, their powers, - 
 
 V. 
 
 6 
 
 35 
 
 Destruction of buildings to arrest fires, - 
 
 vn. 
 
 9 
 
 47 
 
 Districts, ------- 
 
 in. 
 
 35 
 
 26 
 
 Duties of policemen, - 
 
 VI. 
 
 12 
 
 44 
 
 Election of assessors, - 
 
 IV. 
 
 28 
 
 33 
 
 Election of collectors, - 
 
 V. 
 
 1 
 
 34 
 
 Election of mayor, - 
 
 in. 
 
 11 
 
 19 
 
 Elections, - - - - 
 
 in. 
 
 3 
 
 17 
 
 Embezzlement, ------ 
 
 XI. 
 
 4 
 
 57 
 
 Embezzlement or loaning of public money, 
 
 V. 
 
 9 
 
 36 
 
 Enlargement of fire limits, - 
 Estimate of benefits by improvements, - 
 
 VII. 
 
 12 
 
 47 
 
 IV. 
 
 9 
 
 29 
 
 Estimate of damage by improvements, - 
 
 IV. 
 
 10 
 
 29 
 
 Estimate of damage by intervening lands, 
 
 Excess of estimate over expenses for improvements, 
 
 IV. 
 
 11 
 
 29 
 
 IV. 
 
 18 
 
 31 
 
 Exemption of firemen, - 
 
 VIL 
 
 5 
 
 46 
 
 Existing ordinances of Brooklyn, - - - - 
 
 XL 
 
 9 
 
 57 
 
 Expense of collection of taxes and assessments, 
 
 V. 
 
 8 
 
 36 
 
 Expenses for improvements, how assessed, 
 
 IV. 
 
 23 
 
 32 
 
 Expenses of lamp and fire district, - 
 
 II. 
 
 25 
 
 17 
 
 Expenses of local improvements, - - - - 
 
 XL 
 
 11 
 
 58 
 
 Expenses, yearly estimate of 
 
 II. 
 
 21 
 
 16 
 
 Fees and costs of justices to be paid into the treasury, 
 
 VI. 
 
 19 
 
 45 
 
 Fence viewers, ------ 
 
 II. 
 
 20 
 
 16 
 
 Finances, ------ 
 
 Fines and penalties, how imposed, - 
 
 X. 
 
 1 
 
 53 
 
 VI. 
 
 20 
 
 45 
 
 Fines, remission of - 
 
 II. 
 
 26 
 
 17 
 
 Fines, remission of - - - - - 
 
 III. 
 
 19 
 
 22 
 
 Fines to be kept as a fund, - 
 
 VIL 
 
 6 
 
 46 
 
 Fire districts, ------ 
 
 VII. 
 
 1 
 
 45 
 
 Fire and lamp districts, - - - - - 
 
 II. 
 
 23 
 
 16 
 
 Fire and lamp districts, expenses of 
 
 Fire engines and apparatus, - 
 
 II. 
 
 25 
 
 17 
 
 VII. 
 
 3 
 
 46 
 
 Fire limits, ------ 
 
 VII. 
 
 10 
 
 47 
 
 Fire limits, notice of petition to enlarge, - - - 
 
 VII. 
 
 13 
 
 48 
 
 Former fire limits, - - - - 
 
 VII. 
 
 11 
 
 47 
 
 Fire wardens, ------ 
 
 VII. 
 
 2 
 
 46 
 
 General fund, ------ 
 
 X. 
 
 3 
 
 53 
 
 Grading and paving streets, - 
 
 IV. 
 
 22 
 
 32 
 
 Guardians for infants, &c, - 
 
 IV. 
 
 19 
 
 31 
 
 Gunpowder, ------ 
 
 VII. 
 
 8 
 
 47 
 
 Health officer's duties, - 
 
 IX. 
 
 10 
 
 52 
 
 Hospitals, ------ 
 
 IX. 
 
 8 
 
 51 
 
 Infant and incompetent owners, - 
 
 V. 
 
 31 
 
 41 
 
 Injured firemen, - 
 
 VII. 
 
 7 
 
 46 
 
 Investment of sinking fund, - 
 
 X. 
 
 7 
 
 54 
 
 Lamp and fire districts, - 
 
 II. 
 
 23 
 
 16 
 
 Lamp and fire districts, expenses of 
 
 II. 
 
 25 
 
 17 
 
 Laying out of streets, - 
 
 IV. 
 
 1 
 
 26 
 
 Licenses, how signed, - 
 
 Licenses, bond for - - - - - 
 
 VIII. 
 
 7 
 
 50 
 
 VIII. 
 
 9 
 
 50 
 
 Lien of assessments, - - - - - 
 
 IV. 
 
 21 
 
 32 
 
 List of unpaid taxes and assessments to be published, 
 
 V. 
 
 24 
 
 39 
 
 Making and repealing ordinances, - 
 
 II. 
 
 14 
 
 15 
 
 Maps of premises to be taken, - 
 
 IV. 
 
 5 
 
 27 
 
 Mayor, election of - - - - - 
 
 III. 
 
 11 
 
 19 
 
 Mayor, duties of - - - - 
 
 III. 
 
 11 
 
 19 
 
 Mayor, vacancy in office of 
 
 III. 
 
 12 
 
 20 
 
63 
 
 
 Tit. 
 
 Sec. Page 
 
 Members of common council, certain disabilities, 
 
 III. 
 
 33 
 
 25 
 
 Moneys borrowed to be applied to specific purposes, 
 
 J X X X XX / 
 
 X. 
 
 14 
 
 55 
 
 Mortgagees, notice to 
 
 V. 
 
 27 
 
 40 
 
 Newspapers to be designated, - 
 
 X X O 7 
 
 II. 
 
 19 
 
 15 
 
 Oatb of office, ------ 
 
 III. 
 
 28 
 
 24 
 
 Office of board of health. - 
 
 IX. 
 
 3 
 
 50 
 
 Officers, appointment of, - 
 
 / X X i 
 
 III. 
 
 24 
 
 23 
 
 Officers of police, - - - - - 
 
 VI. 
 
 1 
 
 42 
 
 Offices of record, - - - - - 
 
 XI. 
 
 3 
 
 56 
 
 Official term of office, - - - - - 
 
 in. 
 
 23 
 
 23 
 
 Ordinances, how passed, - 
 
 ii. 
 
 10 
 
 10 
 
 Ordinances, making and repealing of 
 
 ii. 
 
 14 
 
 15 
 
 Ordinances, penalties for violation of - 
 
 ii. 
 
 16 
 
 15 
 
 Ordinances, publication of - 
 
 n. 
 
 18 
 
 15 
 
 Ordinances, suits how brought, - - - - 
 
 ii. 
 
 17 
 
 15 
 
 Ordinances, &c, to be published in corporation papers, 
 
 i X XX / 
 
 ii. 
 
 19 
 
 15 
 
 Paving and grading streets, - 
 
 IV. 
 
 22 
 
 32 
 
 Pay of assessors, - - - - - 
 
 IV. 
 
 32 
 
 33 
 
 Penalty for not delivering over books and papers, 
 
 <f O X X 7 
 
 in. 
 
 32 
 
 25 
 
 Penalty for erecting buildings contrary to law, 
 
 VII. 
 
 15 
 
 48 
 
 Penalties for violation of ordinances, &c, 
 
 II. 
 
 16 
 
 15 
 
 Penalties for violating rules of board of health, 
 
 IX. 
 
 9 
 
 52 
 
 Penalties recovered payable into city treasury, 
 
 XL 
 
 7 
 
 57 
 
 Permanent loans, - - - - 
 
 X. 
 
 9 
 
 54 
 
 Perjury, - 
 
 XL 
 
 1 
 
 56 
 
 Petition, ------ 
 
 IV. 
 
 2 
 
 26 
 
 Petition, expenses in case prayer is denied, 
 
 IV. 
 
 4 
 
 27 
 
 Petition, proceedings on, 1 - 
 
 7 x O 7 
 
 IV. 
 
 3 
 
 27 
 
 Physicians to report cases of malignant sickness, 
 
 IX. 
 
 5 
 
 51 
 
 PoUce captains, - - - - - 
 
 VI. 
 
 5 
 
 43 
 
 Police captains, duties of - 
 
 VI. 
 
 6 
 
 43 
 
 Police chief, - 
 
 VI. 
 
 2 
 
 42 
 
 Police chief, his powers, - - - 
 
 VI. 
 
 3 
 
 42 
 
 Police clerk, ------ 
 
 VI. 
 
 4 
 
 42 
 
 Police districts, - 
 
 VI. 
 
 10 
 
 43 
 
 Police officers, ------ 
 
 VI. 
 
 1 
 
 42 
 
 Policemen, - - - - r - 
 
 VI. 
 
 9 
 
 43 
 
 Policemen, duties of 
 
 VI. 
 
 12 
 
 44 
 
 Policemen exempt from jury duty, - 
 
 VI. 
 
 16 
 
 44 
 
 Policemen may be suspended by chief, - 
 
 VI. 
 
 14 
 
 44 
 
 Policemen not to receive fees, - 
 
 VI. 
 
 18 
 
 45 
 
 Policemen, their compensation, ... 
 
 7 X / 
 
 VI. 
 
 15 
 
 44 
 
 Policemen to attend meetings of common council and at elections, 
 
 VI. 
 
 17 
 
 44 
 
 Policemen to be present at fires, - 
 
 X 7 
 
 VI. 
 
 13 
 
 44 
 
 Policemen, ward, - - - - - 
 
 VI. 
 
 11 
 
 43 
 
 Power to borrow money, - - - - - 
 
 IX. 
 
 11 
 
 52 
 
 Powers of aldermen, - - - - - 
 
 n. 
 
 5 
 
 9 
 
 Powers of assessors, - - - - 
 
 IV. 
 
 29 
 
 33 
 
 Powers of board of health, - - - - 
 
 IX. 
 
 8 
 
 51 
 
 President of board of assessors, - - - - 
 
 IV. 
 
 31 
 
 33 
 
 Presiding officer and clerk, - 
 
 u. 
 
 24 
 
 16 
 
 Proof of ordinances, - - - - 
 
 XI. 
 
 5 
 
 57 
 
 Present wood buildings may be repaired, 
 
 VII. 
 
 14 
 
 48 
 
 President of common council, - 
 
 II. 
 
 9 
 
 10 
 
 Property and debts of Brooklyn, Williamsburgh and Bushwick, 
 
 X. 
 
 15 
 
 55 
 
 Publication of ordinances, - - - - 
 
 II. 
 
 18 
 
 15 
 
 Publication of receipts and expenditures, 
 
 II. 
 
 11 
 
 10 
 
 Qualification of aldermen, - - - - 
 
 II. 
 
 3 
 
 9 
 
 Quorum of common council, - 
 
 II. 
 
 8 
 
 10 
 
 Reassessment for improvements, - - - 
 
 V. 
 
 22 
 
 39 
 
64 
 
 
 Tit. 
 
 Sec. 
 
 Page. 
 
 Redemption of land, r 
 
 V. 
 
 29 
 
 41 
 
 Rejected assessments, - - - - - 
 
 V. 
 
 21 
 
 38 
 
 Rejected taxes to be relevied, - 
 
 V. 
 
 20 
 
 38 
 
 Rejection of taxes for imperfect description, 
 
 V. 
 
 19 
 
 38 
 
 Remission of fines, - - - - 
 
 II. 
 
 26 
 
 17 
 
 Remission of fines, - - - - - 
 
 III. 
 
 19 
 
 22 
 
 Removal of houses, - 
 
 II. 
 
 15 
 
 15 
 
 Removals, ------ 
 
 III. 
 
 31 
 
 25 
 
 Report of commissioners, - - - - 
 
 IV. 
 
 7 
 
 28 
 
 Report of commissioners on sinking fund, 
 
 X. 
 
 8 
 
 54 
 
 Report of committee of common council on assessor's report, 
 
 IV. 
 
 25 
 
 32 
 
 Report of crimes, - - - - 
 
 VI. 
 
 8 
 
 43 
 
 Residue of lots injured, - 
 
 IV. 
 
 8 
 
 28 
 
 Resignations and vacancies, - 
 Rights and liabilities of respective cities, 
 
 III. 
 
 30 
 
 25 
 
 XI. 
 
 12 
 
 58 
 
 Rules and fines for fire department, - - 
 
 VII. 
 
 4 
 
 46 
 
 Salaries, ------ 
 
 III. 
 
 29 
 
 24 
 
 Sale of lands, ------ 
 
 V. 
 
 26 
 
 40 
 
 Saving clause, - - - - 
 
 XI. 
 
 14 
 
 58 
 
 Service of process on boats and vessels, - 
 
 XI. 
 
 6 
 
 57 
 
 Sick persons not to be removed from vessels, 
 
 IX. 
 
 7 
 
 51 
 
 Sinking fund, - - - 
 
 X. 
 
 3 
 
 53 
 
 Special fund, ------ 
 
 X. 
 
 3 
 
 53 
 
 Special powers of common council, - 
 
 II. 
 
 13 
 
 11 
 
 Stated meetings of common council, - - - 
 
 II. 
 
 12 
 
 11 
 
 Statement of canvass, - - - - 
 
 III. 
 
 5 
 
 18 
 
 Statement of votes, - - - - - 
 
 III. 
 
 8 
 
 18 
 
 Street commissioner, - - - - - 
 
 III. 
 
 14 
 
 20 
 
 Streets in first five wards, - 
 
 IV. 
 
 34 
 
 34 
 
 Streets, laying out of - 
 
 IV. 
 
 1 
 
 26 
 
 Suits for fines, ------ 
 
 VII. 
 
 17 
 
 48 
 
 Supervisors, ------ 
 
 Sureties, ------ 
 
 III. 
 
 34 
 
 26 
 
 III. 
 
 25 
 
 24 
 
 Sureties, amount of 
 
 III. 
 
 27 
 
 24 
 
 Sureties of constables, - - - - - 
 
 in. 
 
 26 
 
 24 
 
 Suspension of collectors, - - - - - 
 
 V. 
 
 3 
 
 35 
 
 Taxes due and unpaid, how to be applied, 
 
 XI. 
 
 10 
 
 57 
 
 Taxes paid within thirty days, - 
 
 V. 
 
 14 
 
 37 
 
 Taxes paid within sixty days, - 
 
 V. 
 
 14 
 
 37 
 
 Taxes unpaid after one hundred and eighty days, 
 
 V. 
 
 15 
 
 37 
 
 Taxes unpaid to be credited to collectors, 
 
 V. 
 
 16 
 
 38 
 
 Taxes and assessments, expense of collection. 
 
 V. 
 
 8 
 
 36 
 
 Temporary loans, - 
 
 X. 
 
 12 
 
 55 
 
 Term of office of aldermen, - - - - 
 
 II. 
 
 5 
 
 9 
 
 Terms of office of common council, - 
 
 II. 
 
 6 
 
 9 
 
 Times when this act takes effect, - 
 
 XL 
 
 15 
 
 59 
 
 Treasurer, ------ 
 
 Treasurer and comptroller may receive taxes, 
 
 III. 
 
 15 
 
 21 
 
 V. 
 
 18 
 
 3S 
 
 Unpaid assessments for want of jurisdiction, 
 
 V. 
 
 22 
 
 39 
 
 Unpaid assessments on real estate, - 
 
 V. 
 
 23 
 
 39 
 
 Unpaid taxes to be credited to collectors, 
 
 V. 
 
 16 
 
 38 
 
 Unpaid taxes and assessments, list of to be published, 
 
 V. 
 
 74 
 
 39 
 
 Vacancies and resignations, - 
 
 III. 
 
 30 
 
 *5 
 
 Vote upon creating debt or loans, - 
 
 X. 
 
 10 
 
 $4 
 
 Votes, statement of 
 
 III. 
 
 8 
 
 18 
 
 Ward maps, ------ 
 
 TV. 
 
 30 
 
 33 
 
 Ward policemen, - - - - - 
 
 VI. 
 
 11 
 
 43 
 
 Wards, boundaries of - 
 
 I. 2 
 
 -19 
 
 3—9 
 
 Wards to be towns, - - - - - 
 
 I. 
 
 20 
 
 9 
 
 Warrants of collectors, - - - - . 
 
 V. 
 
 11 
 
 36 
 
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 The Proprietors return thanks for the very liberal patronage heretofore extended 
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 CIRCULARS, 
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 LAW BLANKS, 
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