UNIVERSITY OF ILLINOIS LIBRARY Class Book Volume Je 07-lOM i f ^ Digitized by the Internet Archive in 2015 https://archive.org/details/greaternewyorkchOOnewy REMOTE STORAGi \oo\ BOOKSTACKS 0£E1CE XOCAIi— NEW YORK, KINGS, QUEENS AND RICHMOND COUNTIES. {Two thousand nine hundred and fifty folios.] LAWS OF NEW YORK.— By Authority. [Every law, unless a different time shall be prescribed therein,, shall not take effect until the twentieth clay after it shall, have become a law.' Section 43, article II, chapter 8, General Laws.] Chap. 466. AN ACT to amend the Greater New York charter, chapter three hundred and seventy-eight of the laws of eighteen hundred and ninety-seven, entitled "An act to unite into one municipality under the corporate name of the city of New York, the various communities lying in and about New York harbor, including the city and county of New York, the city of Brooklyn and the county of Kings, the county of Richmond and part of the county of Queens, and to provide for the government thereof." Passed, without the acceptance of the city. Became a law, April 22, 1901, with the approval of the Governor. Passed, three-fifths being present. The People of the State of New York, represented in Senate and Assembly, do enact as follows: Section One. Chapter three hundred and seventy-eight of the laws of eighteen hundred and ninety-seven, entitled " An act to unite into one municipality under the corporate name of The City of New York, the various communities lying in and about New York harbor, including the city and county of New York, the city of Brooklyn and the county of Kings, the county of Richmond and part of the county of Queens, and to provide for the government thereof," is hereby amended so as to read as follows: ±0206a 2 LAWS OF NEW YORK. CHAPTER I. Boundaries, Boroughs, Powers, Rights and Obligations OF THE City. The City of New York; corporations consolidated; territories; short title of this act. § I. All the municipal and public corporations and parts of municipal and public corporations, including cities, vil- lages, towns and school districts, but not including counties, within the following territory, to wit: The county of Kings, the county of Richmond, the city of Long Island City, the towns of Newtown, Flushing and Jamaica, and that part of the former town of Hempstead as it existed on the thirty- first day of December, eighteen hundred and ninety-seven, bounded on the east and north by the east and north bounds of the former village of Far Rockaway, and on the east by a line drawn due north from the northwest corner of said village to the south line of the town of Jamaica, as it existed on the thirty-first day of December, eighteen hundred and ninety-seven, are hereby annexed to, united and consolidated with the municipal corpora- tion known as the "mayor, aldermen and commonalty of the city of New York, to Idc hereafter called " The City of New York"; and the boundaries, jurisdictions and powers of the said city of New York herein constituted, are for all pur- poses of local administration and government, hereby declared to be co-extensive with the territory above described ; and the said city of New York is hereby declared to be the successor corporation in law and in fact of all the municipal and public corporations united and consolidated as aforesaid, with all their lawful rights and powers, and subject to all their lawful obli- gations, without diminution or enlargement except as herein otherwise specially provided; and all of the duties and powers of the several municipal and public corporations united and consolidated as aforesaid into The City of New York are hereby devolved upon the board of aldermen of the said city of New York, so far as the same are applicable to said city, and not herein otherwise specially provided, to be exercised in accordance with the provisions of this act. Thif^ act may be cited by the short title of " The Greater New York Charter." CHARTEE OF NEW YORK CITY. . 3 Division into boroughs. § 2. The City of New York, as constituted by this act, is hereby divided into five boroughs to be designated respectively : Manhattan, The Bronx, Brooklyn, Queens and Richmond; the boundaries whereof shall be as follows: First. The borough of Manhattan shall consist of all that portion of The City of New York, as hereby constituted, known as Manhattan Island, Nuttin or Governor's Island, Bed- loe's Island, Bucking or Ellis Island, the Oysjter Islands, and also Blackwell's Island, Randall's Island and Ward's Island in the East or Harlem rivers. Second. The borough of The Bronx shall consist of all that portion of The City of New York, as hereby constituted, lying northerly or easterly of the borough of Manhattan, between the Hudson river and the East river or Long Island sound, including the several islands belonging to the municipal corpo- ration heretofore known as the mayor, aldermen and common- alty of the city of New York, not included in the borough of Manhattan. Third. The borough of Brooklyn shall consist of that por- tion of The City of New York, as hereby constituted, hitherto known as the city of Brooklyn. Fourth. The borough of Queens shall consist of the terri- tory known as Queens county. Fifth. The borough of Richmond shall consist of the terri- tory known as Richmond county. Name; powers and rights of the corporation; seal. § 3. The name of the corporation constituted by this act chall be " The City of New York," and the same shall by that name, be a body politic and corporate in fact and in law with power to contract and to be contracted with, to sue and be sued, to have a common seal and to have perpetual succession, with all of the rights, properties, interests, claims, demands, grants, powers, privileges and jurisdictions held by the mayor, alder- men and commonalty of the city of New York, and held by each of the municipal and public corporations or parts thereof, other than counties, by this act united and consolidated with the corporation known as the mayor, aldermen and common- alty of the city of New York, except so far as modified or repealed by the provisions of this act. . 4 LAWS OF NEW YORK. Local government; board of aldermen; liabilities of corporations consolidated. § 4. For all purposes the local administration and govern- ment of the people and property within the territory hereby comprised within The City of New York shall be in and be exercised by the corporation aforesaid; and the board of aldermen as in this act constituted, subject to the conditions and provisions of this act, shall exercise all the powers vested in the corporation of The City of New York by this act or otherwise, save as in this act is otherwise specially provided. All valid and lawful charges and liabilities now existing against any of the municipal or public corporations or parts thereof, which by this act are made part of the corpo- ration of The City of New York, including the county of Kings and the county of Richmond, or which may hereafter arise or accrue against such municipal and public corpo- rations, or parts thereof, including the said counties of Kings and of Richmond, which but for this act would be valid and lawful charges or liabilities against the same, shall be deemed and taken to be like charges against or liabilities of the said The City of New York, and shall accordingly be defrayed and answered unto by it to tht same extent, and no further, than the said several constitu- ent corporations would have been bound if this act had not been passed. All bonds, stocks, contracts and obligations of the said municipal and public corporations, including the county of Kings and the county of Richmond, and such pro- portion of the debt of the county of Queens and of the town of Hempstead as shall be ascertained as hereinafter prescribed, which now exist as legal obligations, shall be deemed like obli- gations of The City of New York, and all such obligations as are authorized or required to be hereafter issued or entered into, shall be issued or entered into by and in the name of the corporation of The City of New York. Laws relating to the creation and payment of debts to remain in force; common debt; taxation. § 5. All laws, or parts of laws, heretofore passed creating any debt or debts of the municipal and public corporations united and consolidated as aforesaid, or for the payment of such debts, or respecting the same, as well as every such law respecting the debts of the corporation known as the mayor, aldermen and commonalty of the city of New Yprk, shall OHARTEE; OF NEW YORK CITY. 5 remain in full force and effect, except that the same shall be carried out by the corporation hereby constituted, to wit : The City of New York, and under such name and in such form and manner as may be suitable to the administration of said corpo- ration; and all the pledges, taxes, assessments, sinking funds, and other revenues and securities provided by law for the payment of the debts of the municipal and public corporations aforesaid, shall be in good faith enforced, maintained and car- ried out by the corporation of The City of New York. All the valid debts of the municipal and public corporations mentioned in the first section of this act, including the county of Kings and the county of Richmond and the proportion of the debt of the county of Queens and of the town of Hempstead aforesaid, and the valid debts of the towns, incorporated villages, and school districts herein united and consolidated with the corpo- ration heretofore known as the mayor, aldermen and common- alty of the city of New York into The City of New York, as well as the debts of the latter corporation, shall be the common debt of The City of New York, as hereby constituted. So far as resort to taxation is authorized or necessary to pay such debts, such taxation shall extend equally throughout the terri- tory of the corporation herein constituted, except that all assessments for benefits, heretofore laid or provided to be laid for the payment of any portion of such debts, or to reimburse any of the said municipal and public corporations which created such debt, in respect thereof, shall be preserved and enforced, it being the intent hereof that the obligations and liability of The City of New York, as the successor of municipalities and public corporations consolidated into it, shall be the same as, and not otherwise greater than, the respective obligations and liabilities of the several constituent corporations, and that The City of New York shall succeed to all of their rights as well as to their obligations and liabilities in respect thereof, except as herein otherwise specially provided. Effect where only a part of a corporation is annexed, § 6. Where part only of the territory of a municipal or public corporation is embraced by this act within the limits of The City of New York, as herein constituted, the respective rights, duties and liabilities of the said city and of the munic- ipal or public corporations part of whose territory is so annexed to the said city, shall be as in this act provided. If any case shall arise for which this act does not make provision, or full 6 LAWS OF NEW YORK. and adequate provision arising out of such annexation, or out of the consolidation herein provided for, the board of aldermen may by ordinance make provision for such case, or for its equitable determination, so far as concerns The City of New York. Same subject; creation of debt. § 7. No municipal or public corporation, part of whose terri- tory is annexed to The City of New York, shall hereafter create any debt which shall bind property within The City of New York, nor shall such municipal or public corporation levy any ♦tax or assessment upon property within The City of New York, as herein constituted. Transfer of property; counties not to become indebted. § 8. In consideration of the foregoing provisions whereby The City of New York, as hereby constituted, assumes as aforesaid the valid debts, obligations and liabilities of the municipal and public corporations including the counties, towns, incorporated villages and school districts as aforesaid, and to carry out the scheme and purpose of this act, all of the public buildings, institutions, public parks, water works and property of every character and description, whether of a public or private nature, heretofore owned and controlled by any of the said municipal and public corporations or parts thereof, hereby consolidated into The City of New York, in- cluding any and all such property owned by the county of New York, the county of Kings, and the county of Richmond, wherever situated, and by the county of Queens situated in that portion thereof, which is included within the limits of The City of New York, as constituted by this act, and all the right, title and interest of the said municipal and public corporations and counties as aforesaid, or any of them, in and to such property, are hereby vested in The City of New York and divested out of the said corporations and counties, and the power of said municipal and public corporations and of the said counties of New York, Kings, Queens and Richmond to become in- debted, shall cease upon the consummation and taking effect of the consolidation herein provided for. Former funds; payable to The City of New York. § 9. All funds and moneys which, on the first day of Janu- ary, eighteen hundred and ninety-eight, shall be held by or be CHARTER OF NEW YORK CITY. 7 payable to the receiver of taxes or the county treasurer of the county of Richmond, or to any officer of any of the municipal and pubHc corporations, or parts of municipal and public cor- porations, hereby consolidated with the corporation heretofore known as the mayor, aldermen and commonalty of the city of New York, as well as all funds and moneys then held by or payable to any officer of said last-named corporation, shall be deemed to be held by and be payable to the corporation of The City of New York, constituted by this act, solely as the funds and moneys of said corporation, and upon the day aforesaid shall -be delivered to the officer of said corporation entitled by this act to hold and control the same. All taxes levied against the town of Hempstead in the year eighteen hundred and ninety-seven shall be collectible and payable according to the provisions of the existing laws. Expenses of the city for the years 1898 and 1902. § 10. In the year eighteen hundred and ninety-seven it shall be the duty of the proper authorities of the vanous municipal and public corporations consolidated by this act into The City of New York, to prepare a budget for the year eighteen hun- dred and ninety-eight, as required by existing law, and to levy taxes for the year eighteen hundred and nmety-eight in the year eighteen hundred and ninety-seven, as required by existing law, as though such municipal and public corporations were not to be consolidated into The City of New York ; and in so far as such taxes shall remain uncollected on the first day of January, eighteen hundred and ninety-eight, they shall become valid liens due to the corporation by this act constituted, and shall be collected by it through the appropriate officers of The City of New York, as hereby constituted, pursuant in all respects to the laws under which said taxes were levied and were to be collected. On and after January first, eighteen hundred and ninety-eight, the funds received by the chamber- lain of The City of New York, under this act, and the proceeds of revenue bonds issued in anticipation of the taxes for the year eighteen hundred and ninety-eight in The City of New York, as constituted prior to the passage of this act, and the proceeds of the tax levy therein of the year eighteen hundred and ninety-eight, may be used for the expenses of The City of New York, as constituted by this act, in such manner as the board of estimate and apportionment for that year may deter- mine; and it shall be the duty of the board of estimate and 8 LAWS OF NEW YORK. apportionment to apportion the said funds to the various city departments as created by this act, so that such funds shall be used as nearly as may be, for the objects for which they were raised. The board of estimate and apportionment, during the year eighteen hundred and ninety-eight, shall have power to direct the issue of revenue bonds of The City of New York, to be redeemed out of the tax to be paid in the year eighteen hun- dred and ninety-nine, for such purposes and in such amounts as may be necessary to provide for the efficient conduct of the city in all its departments, during the year eighteen hundred and ninety-eight, provided that the sums so raised in the year eighteen hundred and ninety-eight shall be subject to be raised by taxation upon the various boroughs on the basis elsewhere provided in this act. Between January first and May first in the year nineteen hundred and two the board of estimate and apportionment shall have power from time to time to alter, modify and amend the budget for the year nineteen hundred and two; to change the titles, terms and conditions of appro- priations contained therein; to add new appropriations and abolish any that may be found unnecessary ; and in furtherance of these purposes shall have the power, if additional funds be required, to direct the comptroller to issue special revenue bonds redeemable from the tax levy of the year nineteen hun- dred and three. CHAPTER II. Legislative Department. Legislative power; where vested. § 17. The legislative power of The City of New York shall be vested in one house to be known and styled as " The Board of Aldermen of The City of New York." Board of aldermen; president; quorum; salaries; vacancies, how filled. § 18. The board of aldermen shall consist of members elected one from each of the aldermanic districts hereinafter provided for and of the president of the board of aldermen and of the presidents of the several boroughs. The president of the board of aldermen shall be chosen on a general ticket by the qualified voters of the city at the same time and for the same term as herein prescribed for the mayor. He shall be known as the president of the board of aldermen, and shall, except as herein provided, possess all the rights, privileges CHARTER OF NEW YORK CITY. 9 and powers, and perform the duties which on December thirty-tirst, eighteen hundred and ninety-seven, were con- ferred or imposed by law upon the president of the board of aldermen of the mayor, aldermen and commonalty of the city of New York. The aldermen shall be elected at the general election in the year nineteen hundred and one, and every two years thereafter. The term of office of each member of the board of aldermen shall commence on the first day of January after his election, and sliall continue for two years thereafter. The phrase, all the members of the board of aldermen, wherever used in this act, shall be taken and held to mean all the members of said board, includ- ing the president of the board of aldermen and the presidents of the several boroughs. The phrase, members elected to the board of aldermen, wherever used in this act, shall be taken and held to mean all the members of said board, except the president of the board of aldermen and the presidents of the several boroughs. Any vacancy which may occur among the members elected to the board of aldermen shall be filled by election by a majority of all the members elected thereto, of a person who must be of the same political party as the mem- ber whose place has become vacant; and the person so elected to fill any such vacancy shall serve for the unexpired portion of the term. A majority of all the members of the board of aldermen shall constitute a quorum. The salary of the presi- dent of the board shall be five thousand dollars a year, and the salaries of the aldermen shall be one thousand dollars a year. Aldermanic districts. § 19. The City of New York is hereby divided into seventy-three aldermanic districts as follows: Each of the assembly districts lying wholly or in part within said territory as the same existed on the first day of January, one thousand nine hundred and one, shall constitute a separate aldermanic district except as herein provided; the twenty-first assembly district of the county of New York is hereby divided into two aldermanic districts as follows: That portion of the twenty- first assembly district bounded on the north by West One Hundred and First street from the Hudson river to Amster- dam avenue, to West One Hundred and Second street to Central Park west; on the south by West Eighty-ninth street from the Hudson river to Amsterdam avenue, to West Eighty-sixth street to Columbus avenue, to West Eighty- first street to Central Park west; on the west by the Hudson river from West Eighty-ninth street to West One Hundred 10 LAWS OF NEW YORK. and First street; on the east by Central Park west from West Eighty-first street to West One Hundred and Second street shall constitute a separate aldermanic district, and that por- tion of the said twenty-first assembly district bounded on the north by West One Hundred and Nineteenth street from the Hudson river to Broadway, to West One Hundred and Twentieth street to Seventh avenue, to West One Hundred and Tenth street to Fifth avenue; on the south by West One Hundred and First street from the Hudson river to Amster- dam avenue, to West One Hundred and Second street to Central Park west to West Ninety-seventh street across the Central park to Fifth avenue; on the west by the Hudson river from West One Hundred and First street to West One Hundred and Nineteenth street; on the east by Fifth avenue from West Ninety-seventh street to West One Hundred and Tenth street shall constitute a separate aldermanic district. The twenty-third assembly district of the county of New York is hereby divided into two aldermanic districts as fol- lows: That portion of the twenty-third assembly district bounded on the north by West One Hundred and Forty-third street from the Hudson river to Seventh avenue, to the Harlem river to Fifth avenue; on the south by West One Hundred and Nineteenth street from the Hudson river to Broadway, to West One Hundred and Twentieth street to Eighth avenue, to West One Hundred and Thirty-fourth street to Fifth avenue; on the west by the Hudson river from West One Hundred and Nineteenth street to West One Hun- dred and Forty-third street; on the east by Fifth avenue from West One Hundred and Thirty-fourth street to the Harlem river shall constitute a separate aldermanic district, and that portion of the said twenty-third assembly district bounded on the north by the Harlem river from the Hudson river to Spuyten Duyvil creek to the Harlem river; on the south by West One Hundred and Forty-third street from the Hudson river to Seventh avenue; on the west by the Hudson river from West One Hundred and Forty-third street to the Har- lem river; on the east by the Harlem river from Spuyten Duyvil creek to Seventh avenue shall constitute a separate aldermanic district. The thirty-first assembly district of the county of New York is hereby divided into two aldermanic districts as follows: That portion of the said thirty-first as- sembly district bounded on the north by West One Hundred and Twenty-second street from Eighth avenue to Lenox avenue, to West One Hundred and Twenty-sixth street, to CHARTER OF NEW YORK CITY. 11 East One Hundred and Twenty-sixth street and Park ave- nue; on the south by West One Hundred and Twentieth street from Eighth avenue to Seventh avenue; to West One Hundred and Tenth street, to East One Hundred and Tenth street and Park avenue; on the west by Eighth avenue from West One Hundred and Twentieth street to West One Hun- dred and Twenty-second street; on the east by Park avenue from East One Hundred and Tenth street to East One Hun- dred and Twenty-sixth street shall constitute a separate aldermanic district, and that portion of said thirty-first as- sembly district bounded on the north by West One Hundred and Thirty-fourth street from Eighth avenue to Fifth avenue, to East One Hundred and Twenty-ninth street to Park ave- nue; on the south by West One Hundred and Twenty-second street from Eighth avenue to Lenox avenue, to West One Hundred and Twenty-sixth street, to East One Hundred and Twenty-sixth street and Park avenue; on the west by Eighth avenue from West One Hundred and Twenty-second street to West One Hundred and Thirty-fourth street; on the east by Park avenue from East One Hundred and Twenty-sixth street to East One Hundred and Twenty-ninth street shall constitute a separate aldermanic district. The thirty-fourth assembly district of the county of New York is hereby divided into two aldermanic districts as follows: That portion ot the said thirty-fourth assembly district which lies within the borough of Manhattan and is known as part of the twelfth ward of said borough shall constitute a separate aldermanic district, and that portion of said thirty-fourth assembly dis- trict including North Brother Island which lies within the borough of The Bronx and is known as part of the twenty- third ward of said borough shall constitute a separate alder- manic district. The thirty-fifth assembly district of the county of New York is hereby divided into four aldermanic districts as follows: That portion of said thirty-fifth assembly district bounded on the north by the southern boundary line of the forty-second and forty-third election dis- tricts as constituted on the first day of January, nineteen hundred and one, from the Hudson river to Jerome avenue; on the south by East One Hundred and Forty-ninth street from the Harlem river to Park avenue, to East One Hundred and Fiftieth street, to Morris avenue; on the west by the Harlem river from East One Hundred and Forty-ninth street to Spuyten Duyvil creek to Harlem river, to Hudson river, to the southern boundary line of the forty- 12 LAWS OF NEW YORK. second election district as constituted on the first day of January, nineteen hundred and one; on the east by Park avenue from East One Hundred and Forty-ninth street to East One Hundred and Fiftieth street to 'Morris avenue^ to Park avenue, to Webster avenue, to Saint Paul's place, to Third avenue, to East One Hundred and Seventy-fifth street to Bathgate avenue, to East One Hundred and Seventy- seventh street to Park avenue, to Webster avenue, to East Two Hundredth street, to Jerome avenue, to the southern boundary of the forty-third election district as constituted on the first day of January, nineteen hundred and one, shall con- stitute a separate aldermanic district, and that portion of the said thirty-fifth assembly district bounded on the north by Saint Paul's place from Webster avenue to Fulton avenue; on the south by East One Hundred and Forty-sixth street from Park avenue to Third avenue, to East One Hundred and Forty-ninth street to Beach avenue; on the west by Park avenue from East One Hundred and Forty-sixth street to East One Hundred and Fiftieth street to Morris avenue, to Park avenue, to Webster avenue, to Saint Paul's place; on the east by Beach avenue from East One Hundred and Forty- ninth street to Westchester avenue, to Union avenue, to East One Hundred and Sixty-first street to Eagle avenue, to East One Hundred and Sixty-third street, to Thi^'d avenue, to Franklin avenue, to Fulton avenue, to Saint Paul's place, shall constitute a separate aldermanic district, and that por- tion of the said thirty-fifth assembly district bounded on the north by the boundary line between the twenty-third and twenty-fourth wards from Fulton avenue to the Bronx river; on the south by East One Hundred and Forty-ninth street from Beach avenue to Long Island sound, to the Bronx river; on the west by Beach avenue from East One Hundred and Forty-ninth street to Westchester avenue, to Union avenue, to East One Hundred aiid Sixty-first street to Eagle avenue, to East One Hundred and Sixty-third street to Third avenue, to Franklin avenue, to Fulton avenue, to Saint Paul's place or boundary line between the twenty-third and twenty- fourth wards; on the east by the Bronx river from Long Island sound to the boundary line between the twenty-third and twenty-fourth wards shall constitute a separate alder- manic district, and that portion of the said thirty-fifth as- sembly district bounded on the north by the New York city line from the Hudson river to the Bronx river; on the south by the southern boundary line of the forty-second and forty- CHARTER OF NEW YORK CITY. 13 third election districts as constituted on the first day of Janu- ary, nineteen hundred and one, from the Hudson river to Jerome avenue, and the boundary Hne between the tv^enty- third and twenty-fourth wards from Third avenue to the Bronx river; on the west by the Hudson river from the southern boundary of the forty-second election district as constituted on the first day of January, nineteen hundred and one, to the New York city line, and by Third avenue from the boundary line between the twenty-third and twenty- fourth wards to East One Hundred and Seventy-fifth street, to Bathgate avenue, to East One Hundred and Seventy- seventh street to Park avenue^ to Webster avenue, to East Two Hundredth street, to Jerome avenue, to southern boun- dary of the forty-third election district as constituted on the first day of January, nineteen hundred and one; on the east by the Bronx river from the boundary line between the twenty-third and twenty-fourth wards shall constitute a separate aldermanic district. Chester, as designated in sec- tion four hundred and twenty-five of this act, being such por- tions of the first and second assembly districts of the county of Westchester as lie within The City of New York, is hereby divided into two aldermanic districts as follows: That por- tion of s-^'d Chester which is bounded on the north by the New York city lines; on the south by the old Boston post road from the Bronx river to Fordham and Pelham avenue (Bronx and Pelham park way) to Westchester creek; on the west by the Bronx river from the old Boston post road to the New York city line; on the east by Westchester creek, Givan's creek and Hutchinson's river to the New York city line formerly known as parts of former towns of Eastchester and Westchester of the county of Westchester, shall con- stitute a separate aldermanic district, and that portion of said Chester which is bounded on the north by the old Boston post road from the Bronx river to Fordham and Pelham avenue, (Bronx and Pelham park way), to Westchester creek, to Givan's creek, to Hutchinson's river, to the New York city line to Long Island sound; on the south by Long Island sound; on the west by the Bronx river from the old Boston post road to Long Island sound; on the east by Long Island sound, including the islands which lie within The City of New York belonging to the former town of Pelham, and which parts were formerly known as the towns of West- chester and Pelham of the county of Westchester, shall con- stitute a separate aldermanic district. New Utrecht, as u LAWS OF NEW YORK. designated in section four hundred and twenty-five of this act, being the seventh assembly district of the county of Kings, and known as a portion of the eighth, thirtieth and thirty-first wards of the borough of Brooklyn, is hereby divided into two aldermanic districts as follows: That por- tion of said New Utrecht which is known as a portion of the eighth ward of the borough of Brooklyn, which lies within the seventh assembly district of the county of Kings, shall constitute a separate aldermanic district, and that portion of said New Utrecht which is known as the thirtieth and thirty- first wards of the borough of Brooklyn which lies within the seventh assembly district of the county of Kings shall constitute a separate aldermanic district. Newtown, as designated in section four hundred and twenty- five of this act, being the first assembly district of the county of Queens, is hereby divided into two aldermanic dis- tricts as follows! That portion of said Newtown which was heretofore known as Long Island City, being the first ward of the borough of Queens, shall constitute a separate alder- manic district, and that portion of the said Newtown which was heretofore known as the town of Newtown, being the second ward of said borough of Queens, shall constitute a separate aldermanic district. Jamaica, as designated in sec- tion four hundred and twenty-five of this act, being the second assembly district of the county of Queens, and so much of the third assembly district of said county as lies within the city of New York is hereby divided into two aldermanic districts as follows: That portion of said Jamaica which was heretofore known as the town of Flushing, being the third ward of the borough of Queens, shall constitute a separate aldermanic district, and that portion of said Jamaica which was heretofore known as the town of Jamaica, being the fourth ward of said borough of Queens, together with that portion of said Jamaica which comprises that portion of the third assembly district of the county of Queens as lies within The City of New York, and which was heretofore known as part of the town of Hempstead, being the fifth ward of said borough of Queens, shall constitute a separate alder- manic district. Staten Island, as designated in section four hundred and twenty-five of this act, being the county of Richmond, is hereby divided into three aldermanic districts as follows: That portion of said Staten Island which was heretofore known as the town of Castleton, being the first ward of the borough of Richmond, shall constitute a separate CHARTER OF NEW YORK CITY. 15 aldermanic district, and those portions of said Staten Island which were heretofore known as the towns of Middletown and Southfield, being the second and fourth wards of said borough of Richmond, shall together constitute ii separate aldermanic district, and those portions of said Staten Island which were heretofore known as the towns of Northfield and Westfield, being the third and fifth wards of said borough of Richmond, shall together constitute a separate aldermanic district. In case the board of elections or any jawful au- thority shall hereafter alter the boundaries of any of the election districts into which The City of New York is divided at the time of the passage of this act, such alterations shall be so made that no election district shall contain portions of any two aldermanic districts. The board of elections of The City of New York shall within thirty days after the passage of this act cause to be filed in the ofiice of the clerks of the counties of New York, Kings, Queens and Richmond, a de- scription of each of said aldermanic districts, specifying the number of each district. The said board of elections shall also whenever necessary complete the description of the boundaries of any aldermanic district, but such aldermanic districts shall not be affected by any change in the assembly district lines. Qualification of members of the board of aldermen, § 20. Any citizen of the United States who is a resident of The City of New York shall be eligible for election to the board of aldermen in any one of the aldermanic districts. Time of meeting of board of aldermen. § 22. The first meeting of the board of aldermen in each year shall be held on the first Monday of January, at noon. When president of board of aldermen to act as mayor; powers; tem- porary chairman of board of aldermen. § 23. Whenever there shall be a vacancy in the office of mayor, or whenever, by reason of sickness or absence from the city, the mayor shall be prevented from attending to the duties of his office, the president of the board of aldermen shall act as mayor, and possess all the rights and powers. of mayor during such disability or absence. In case of a vacancy he shall so act until noon of the first day of January succeed- ing the election at which the mayor's successor shall be 16 LAWS OF NEW YORK. chosen. It shall not be lawful for the president of the board of aldermen, when acting as mayor in consequence of the sickness or absence from the city of the mayor, to exercise any power of appointment to or removal from office, unless such sickness or absence of the mayor shall have continued thirty days; or to sign, approve, or disapprove any ordinance or resolution unless such sickness or absence shall have con- tinued at least nine days. The board of aldermen, shall elect a vice-chairman to preside over its meetings, who shall pos- sess the powers and perform the duties of the president of the board of aldermen, when the president is sick, absent or under suspension, or while the president of the board of aldermen is acting as mayor, or when a vacancy occurs in said office, and who shall, during such time, be a member of every board of which the president of said board of aldermen is a member by virtue of his office. Heads of departments; seats in board of aldermen; when required to attend. § 25. Each head of an administrative department of the city shall be entitled to a seat in the board of aldermen and shall whenever required by it attend its meetings. He shall answer all questions put to him by any member relating to the affairs of his department, provided he shall have received forty-eight hours written notice thereof, and of the questions to be put. He shall have the right to participate in the discussions of said board, but shall not have the right to vote. If an adminis- trative department is composed of more than one member, the president or presiding officer of such department shall be entitled to such seat. Board of aldermen; sergeant=at==arms; rules; journal; sittings; ex- pulsion of members. § 27. The board of aldermen may elect a sergeant-at-arms and such assistants as are needful to the orderly conduct of its meetings, provided, however, that no expenditures for salaries for such sergeant-at-arms and such assistants shall exceed the amount appropriated therefor in the annual bud- get. The board of aldermen shall determine the rules of its own proceedings; shall be the judge of the election returns and qualifications of its own members, subject, however, to review by certiorari of any court of competent jurisdiction; shall keep a journal of its proceedings; shall sit with open doors; shall have authority to compel the attendance of absent CHARTER OF NEW YORK CITY. IT members and to punish its members for disorderly behavior, and to expel any member with the concurrence of two-thirds of all the members elected to the board of aldermen. Every member so expelled shall thereby forfeit all his rights and powers, subject, however, to judicial review on certiorari. City clerk; appointment; term; duties; papers certified by him; how far admissible in evidence; fees for certification. § 28. The board of aldermen shall, whenever a vacancy occurs in the office of city clerk, 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 the clerk of the board of aldermen, and shall hold his office for six years, and until his successor shall be appointed and has qualified, unless removed for cause. The city clerk shall have charge of all the papers and documents of the city, except such as are by law committed to the keeping of the several departments or of other officers, and except as provided in section one hun- dred and thirty-six of this act as amended. He shall keep the record of the proceedings of the board of aldermen. He shall also keep a separate record of all the ordinances of the board of aldermen in a book to be provided for that purpose, with proper indices, which book shall be deemed a public record of such ordinances, and each ordinance shall be at- tested by said clerk. Copies of all papers duly filed in his office, and transcripts thereof, and of the records of proceed- ings of the board of aldermen, and copies of the laws and ordi- nances of said city, certified by him under the corporate seal, shall be admissible in evidence in all courts and places in the same manner and for the same purposes as papers or docu- ments similarly authenticated by the clerk of a county. Said city clerk may be removed on charges by a two-thirds vote of all the members of the board of aldermen, subject, however, to judicial review on certiorari. He shall collect the fol- lowing fees: For a copy of any book, account, record or other paper filed in his office, five cents for each folio; for a certification of any book, account, record or other paper filed in his office, twenty-five cents, and five cents in addition for each folio in excess of five; for each bond filed in his office, twelve cents ; for filing all other papers, required by law to be filed in his office, six cents ; for a certificate of appointment o-f a commissioner of deeds, twenty-five cents. 18 LAWS OF NEW YORK. City clerk; proceedings of board of aldermen. § 29. Immediately after the adjournment of each meeting of the board of aldermen, it shall be the duty of the city clerk to prepare a brief extract, omitting all technical and formal details, of all resolutions and ordi- nances introduced or passed, and of all recommendations of committees, and of all final proceedings, as well as full copies of all messages from the mayor and all reports of departments or officers. He shall at once transmit the same to the person appointed to supervise the publication of the City Record to be published therein. Certain ordinances and resolutions, how passed and approved; ayes and noes published. § 30. No ordinance or resolution providing for or contem- plating the alienation or disposition of any property of the city, the granting of a franchise, terminating the lease of any property or franchise belonging to the city, or the making of any specific improvement, or the appropriation or expenditure of public moneys, or authorizing the incurring of any expense, or the taxing or assessing of property in the city, shall, unless by unanimous consent, be finally passed or adopted by the board of aldermen until at least five days after such abstract of its provisions shall have been pubHshed, as provided in section twenty-nine. No such ordinance or resolution shall be approved by the mayor until three days after such abstract shall have been so published after its passage ; but if an abstract of any resolution or ordinance shall have been once published after its introduction, it shall not thereafter be necessary to publish the same again, but only to refer to the date and page of the former publication in the City Record, and to state the amendments, if any, made thereto. In all cases the ayes and noes upon the final passage of such resolution or ordinance shall be taken, recorded and published. Records open for inspection; other duties of clerk; sickness. § 31. It shall be the duty of the city clerk to keep open for inspection at all reasonable times, the records and minutes of the proceedings of the board of aldermen. He shall keep the seal of the city, and his signature shall be necessary to all leases by the city of its property, and to all grants and other documents, as under existing laws. In the absence of said clerk by sickness or otherwise, his first CHARTER OF InEVv YORK CITY. 19 deputy shall be vested with and possessed of all the rights and powers, and be charged with all the duties by this section or by law or ordinance imposed upon said clerk. Id.; records and papers delivered to and kept by the city clerk; clerks in boroughs. § 32. All the muniments, records, patents, deeds, minutes, writings and papers belonging to the mayor, aldermen and commonalty of the city of New York, which were in the custody of the clerk of the board of aldermen thereof on the thirty-first day of December, eighteen hundred and ninety- seven, shall be delivered to and kept by the city clerk. The city clerk shall, except as otherwise expressly provided in this act, be the custodian of all like muniments, records, patents, deeds, minutes, writings and other papers belonging to any of the municipal and public corporations by this act united and con- solidated into The City of New York, and shall have power to appoint a clerk in each of the boroughs constituted by this act, who shall have charge of the same, subject to the direction and control of said city clerk or of the board of aldermen. Id.; salary and deputies. § 33. The salary of the city clerk shall be seven thousand dollars a year, and he may appoint such deputies or clerks as are necessary to the discharge of his duties. Licenses to auctioneers. § 34. The city clerk shall have authority to grant licenses to any person engaged in and carrying on the business and occupation of auctioneer, or desiring to be so engaged, on such person filing a bond, approved by him, with two good sureties in the penal sum of two thousand dollars. The president of the board of aldermen on complaint of any person having been defrauded by any auctioneer, or by the clerk, agent or assignee of such auctioneer, doing business in said city, is authorized and directed to take testimony under oath relating thereto; and if the charge shall, in his opinion, be sustained, he shall revoke the license granted to such auc- tioneer, and direct his bonds to be forfeited. Board of aldermen; journal; ayes and noes, § 35. The board of aldermen shall keep a journal of its proceedings, and the ayes and noes of the 20 LAWS OF NEW YORK. members on any question shall, at the desire of any two mem- bers, be taken and entered therein. The ayes and noes shall be called and recorded on the final passage of any ordinance. Id.; no member eligible to any city office. § 36. No member of the board of aldermen shall, during the term for which he is elected, be eligible or be appointed to any other ofifice under the city, nor shall any member of said board of aldermen, while such, be a contractor with or an employee of the city or of the board of aldermen in any capac- ity whatever. fd.; meetings. § 37. The stated and occasional meetings of the board of eldermen and its proceedings and business shall be regulated by its own resolutions and rules, provided, however, that at least one stated meeting shall be held each month, except in its discretion in August and September. The mayor may at any time call a special meeting of the board of aldermen. He shall call such meeting when a requisition for that pur- pose, signed by fifteen members has been presented to him. Three days before any special meeting of the board of alder- men is held, notice of the time of the intended meeting and of the business proposed to be transacted, signed by the mayor, shall be published in the City Record, and at the same time the city clerk shall cause a copy of such notice to be left at or sent by post to the usual place of abode or of business of each member of the board of aldermen; but want of service of a notice upon any member shall not affect the validity of a meeting. No business shall be transacted at a special meeting other than that specified in the notice relating thereto. Id.; style of ordinances. § 38. The style of ordinances shall be : " Be It ordained by the board of aldermen of The City of New York, as follows: Id.; vote required to pass ordinances and resolutions. § 39. Every legislative act of the board of aldermen shall be by ordinance or resolution. No ordinance or resolu- tion shall be passed except by a vote of a majority of all the members of the board of aldermen. No money shall be ex- pended for any celebration, procession, funeral ceremony, re- CHARTER OF NEW YORK CITY. 21 ception, or entertainment of any kind or on any occasion, unless by the votes of four-fifths of all the members of the board of aldermen. No additional allowance beyond the legal claim which shall exist under any contract with the corporation, or with any department or officer thereof, or for any services on its account or in its employment, shall ever be passed by the board of aldermen, except by a unani- mous vote; and in all cases the provisions of any such contract shall determine the amount of any claim thereunder or in con- nection therewith, against the said corporation, or the value of any such services. Mayor's veto. § 40. Every ordinance or resolution shall, before It takes efYect, be presented, duly certified, to the mayor for his ap- proval. The mayor shall return such ordinance or resolution to the board of aldermen, within ten days after receiving it, or at the next meeting of the board of aldermen after the expiration of said ten days, unless such ordinance or resolu- tion be one of those mentioned in section thirty of this act, in which case the mayor shall return said ordinance or reso- lution within ten days after the abstract of its provi- sions or a reference thereto shall have been published in the City Record as provided in said section thirty, or at the next meeting of the board of aldermen after the expiration of said ten days. If he approve it, he shall sign it. If he disapprove it, he shall specify his objection thereto in writing. If he do not return it with such disapproval within the time above specified, it shall take effect as if he had approved it. In case of disapproval, the objections of the mayor shall be entered at large on the journal of the board of aldermen and the board of aldermen shall, after ten days, and within fifteen days after such ordinance or resolution shall have been returned to it, proceed to reconsider and vote upon the same. If the same shall, on reconsideration, be again passed by the votes of at least two-thirds of all the members of the board of aldermen, it shall take effect; provided that in case the ordi- nance or resolution involves the expenditure of money, the creation of a debt, or the laying of an assessment, it shall require a vote of three-fourths of all the members of the board of aldermen to pass it over the mayor's veto; and if it involves the grant of a franchise,, the mayor's veto shall be final. If the ordinance or resolution shall fail to receive upon the first vote upon such reconsideration such number of affirmative 22 LAWS OF NEW YORK. votes, it shall be deemed finally lost. In all cases the vote shall be taken by ayes and noes, and the names of the persons vot- ing for or against its passage on such reconsideration shall be entered in the journal of the house. In case an ordinance or resolution shall embrace more than one distinct subject, the mayor may approve the provisions relating to one or more subjects, and disapprove the others. In such case those he shall approve shall become effective, and those he shall not approve shall be reconsidered by the board of aldermen, and shall only become effective if again passed, as above provided. Ordinances to remain in force. § 41. The ordinances which on December thirty-first, eighteen hundred and ninety-seven, were in force re- spectively in The City of New York, the city of Brooklyn, Long Island City, and the other municipal and public corpora- tions and parts thereof consolidated with The City of New York, except so far as the same have since been modi- fied, amended, or repealed by the municipal assembly of The City of New York, and all ordinances which on January first, nineteen hundred and two, are in force in The City of New York, are, so far as the same are not inconsistent with this act, hereby continued in full force and effect within the former limits of said respective cities and municipal and public corpo- rations, or parts thereof, subject to modification, amendment or repeal by the board of aldermen of The City of New York. Such ordinances may be enforced by and in the name of " The City of New York." Board of aldermen; powers and duties of former boards. § 42. Except as otherwise provided in this act, all the powers and duties which on December thirty-first, eighteen hundred and ninety-seven, were conferred or charged upon the common council or the mayor, aldermen and commonalty of the city of New York, or the board of aldermen thereof, or upon the common council of the city of Brooklyn or of Long Island City, or upon any board, body or officer of any of the municipal and public corporations or parts thereof, consolidated with The City of New York, as here- tofore known and bounded, and all the powers and duties which on January first, nineteen hundred and two, are con- ferred or charged upon the municipal assembly of The City of New York shall be exercised and performed by the board of CHARTER OF NEW YORK CITY. 23 aldermen of The City of New York, as hereby constituted, subject, nevertheless, to the power of approval or disapproval by the mayor of said city, as provided in this act. Id.; police, health, park, fire and building regulations. § 43. The board of aldermen shall have power to make, estabHsh, alter, modify, amend and repeal all ordinances, rules, and police, health, park, fire and building regulations, not contrary to the laws of the state, or the United States, as they may deem necessary to carry into effect the powers conferred upon The City of New York by this act, or by any other law of the state, or by grant; and such 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, ex- cept so far as power is conferred by this act upon presi- dents of boroughs, the police, health, park, and fire depart- ments respectively to make rules for the government of the persons employed in and by said departments. Nothing in this section contained shall be construed to impair the powers conferred by this act upon the department of edu- cation; and except so far as the legislative power respecting the health, police, park, fire and building departments shall be conferred upon said departments respectively by the pro- visions of this act, and except that any modification of the existing rules, regulations and ordinances affecting any of the departments and all ordinances to be passed to govern the board of public improvements or any of the departments thereof, must originate with the department concerned, or with said board, and must be adopted or rejected by the board of aldermen without amendment. Id.; enumeration of powers not restrictive; general power, § 44. No enumeration of powers in this act shall be held to limit the legislative power of the board of aldermen, which, in addition to all enumerated powers, may exercise all of the powers vested in The City of New York by this act, or otherwise, by proper ordinances, rules, regulations and by- laws not inconsistent with the provisions of this act, or with the constitution or laws of the United States or of this state: and, subject to such limitations, may from time to time ordain and pass all such ordinances, rules, regulations and by-laws, 24 LAWS OF NEW YORK. applicable throughout the whole of said city or applicable only to specified portions thereof, as to the said board of aldermen may seem meet for the good rule and government of the city, and to carry out the purposes and provisions of this act or of other laws relating to the said city, and may provide for the enforcement of the same by such fines, penalties, forfeitures and imprisonment as may by ordinance or by law be prescribed. Franchises for street railways. § 45. The board of aldermen is authorized to grant from time to time to any corporation thereunto duly authorized the franchise or right to construct and operate railways in, upon, over, under and along streets, ave- nues, waters, rivers, public places, parkways or highways of the city, but no such grant shall be made except upon the limi- tations and conditions of this act elsewhere provided in respect of the grant by the t)oard of aldermen of franchises and rights in or under the streets, avenues, waters, rivers, public places, parkways and highways of the city. The board of al- dermen may pass appropriate ordinances not inconsistent with law or with this act, or with the vested rights of existing com- panies or corporations, to enforce the provisions of this section and to carry out its purposes. Nothing in this act contained shall repeal or afifect in any manner the provisions of the rapid transit acts applicable to the corporation heretofore known as the mayor, aldermen and commonalty of the city of New York, or any municipality united therewith or territory em- braced therein, or to repeal or affect the existing general laws of the state in respect to street surface railroads. The con- sent or approval of the board of aldermen to or for the issue of corporate stock of The City of New York, as provided by section one hundred and sixty-nine shall not be necessary to authorize the comptroller to issue such stock for the pur- poses prescribed in chapter four of the laws of eighteen hun- dred and ninety-one as amended. The board of estimate and apportionment and the comptroller of The City of New York shall, anything herein contained to the contrary notwithstand- ing, be subject to all the duties and obligations prescribed in said chapter four of the laws of eighteen hundred and ninety- one as amended for the board of estimate and apportionment and comptroller therein mentioned. Upon the execution of any contract made pursuant to chapter four of the laws of CHARTER OF NEW YORK CITY. 25 eighteen hundred and ninety-one as amended, the board of rapid transit railroad commissioners may, in its discretion, make request upon the board of estimate and apportionment for the authorization of such corporate stock, either for such amounts from time to time as they shall deem the progress of the work to require, or for the full amount sufficient to pay the entire estimated expense of executing such contract. In case they shall make requisition for the entire amount, the comptroller shall endorse on the contract his certificate that funds are available for the entire contract whenever such stock shall have been authorized to be issued by said board of esti- mate and apportionment; and in such case such stock may be issued from time to time thereafter in such amounts as may be necessary to meet the requirements of such contract. The certificate of the comptroller, mentioned in section one hundred and forty-nine of this act, shall not be necessary to make such contract binding on The City of New York. Power to acquire additional water=works. § 46. The board of aldermen is authorized, in ac- cordance with the provisions of this act, to construct, establish and maintain, or to acquire by purchase or condemnation and maintain in all parts of the city, additional water-works to supply the city or any part thereof and its in- habitants with water, and to provide for the distribution and sale to the inhabitants of the city of such water, and fix the terms thereof, and acquire and hold property, real and per- sonal, within and beyond the limits of the city for said pur- poses. The board of aldermen may pass appropriate ordi- nances, not inconsistent with law, with this act or with any vested rights of existing companies or corporations, to en- force the provisions of this section and to carry out its pur- poses. Further powers; bonds for specified public improvements, § 47. The board of aldermen shall have power to provide by ordinance for the acquisition, construction, or establishment of markets; for the acquisition and construction of parks, parkways, boulevards and driveways; for the building of bridges over, and of tunnels under any stream or waterway within or adjoining the limits of the city ; for the building of docks, wharves, or piers, and for acquiring land by purchase or condemnation for said purposes; for acquiring, or con- 2G LAWS OF NEW YORK. structing public buildings, including school-houses and sites therefor for the use of the city; for the repaying of streets; and for any of the foregoing purposes, may create loans and authorize the issue of bonds, or other evidences of indebted- ness, to pay for the same, payable at such times, and in such manner, and at such rates of interest as it may by ordinance prescribe; but no bonds or other evidences of indebtedness shall be issued under the authority of this section, unless the proposition for creating such debt, shall first be approved by a majority vote of the whole board of estimate and apportion- ment, entered on the minutes of record of such board. Board of aldermen, to act within limited time on bond issues and grants of franchises. § 48. After any proposition for creating a debt by the issue of bonds for any of the purposes specified in section forty- seven of this act as amended, or after any proposed frafichise or right to use the streets, avenues, waters, parkways or highways of the city, has been approved by a resolution or vote of the board of estimate and apportionment, it shall be the duty of the board of aldermen upon receiving a copy of such resolution or vote to appoint a day not less than one week nor more than two weeks after receipt thereof for the consideration of the subject matter. The board of aldermen shall, on the day so fixed, proceed with the consideration thereof, and may continue and adjourn such consideration from time to time until a final vote shall be taken thereon as hereinafter provided. Within six weeks after the copy of such resolution or vote of the board of estimate and appor- tionment shall have been first received by the board of alder- men, a final vote shall be taken thereon by ayes and noes. If a majority of all the members of the board of aldermen shall vote against such proposition or franchise it shall be deemed to be rejected. If a majority of all the members of the board of aldermen shall not vote against such proposition or franchise within the six weeks above limited, then it shall be deemed at the expiration of said period to have been passed by the requisite vote of the board of aldermen. The action of the board of aldermen in passing any such proposition or franchise, whether by an affirmative vote, or by a failure of a majority of all the members of the board of aldermen to vote against the same, shall be subject to the approval of the mayor and to the action of the board of aldermen in case of a veto, as provided in this act. CHARTER OF NEW YORK CITY. 27 Id.; ordinances and regulations for certain purposes. § 49. The board of aldermen shall have power to make, amend and repeal ordinances, rules, regulations and by-laws not inconsistent with this act, or with the constitution and laws of the United States or of this state, for the following purposes : 1. In relation to the inspection and sealing of weights and measures, and the keeping in use of proper weights and measures by vendors. 2. In relation to the inspection, weighing and measuring of firewood, coal, hay and straw and the cartage of the same. 3. In relation to, street vagrants, beggars and mendicants. 4. In relation to the use of guns, pistols, fire-arms, fire- crackers, fire-works and detonating works of all descriptions. 5. In relation to intoxication, fighting and quarreling in the streets, the breaking or extinguishing of street lamps, and the wilful breaking or defacing of windows, porches, knockers or other fixtures. 6. In relation to places of public amusement. 7. In relation to the construction, repair and use of vaults, cisterns, areas, hydrants, sewers and pumps. 8. In relation to partition fences and walls. 9. In relation to the construction, repair, care and use of markets. 10. For the preservation and protection of all or any of the works connected with the supplying of The City of New Y^'ork with pure and wholesome water. 11. To regulate the fees for searches and certificates to be charged by the collector of assessments and arrears. 12. To regulate swimming and bathing in the waters of and bounding the city, to establish and maintain such public baths and public comfort stations as they may deem necessary, and to establish suitable rules and regulations for the management of the same. 13. To prohibit and suppress all gaming-houses and places for gaming in the said city. 14. To provide for the more effectual suppression of vice or immorality, and the preserving of peace and good order in said city. 15. To enlarge or extend from time to time the limits of the fire districts of the city, and to establish additional fire districts, and from time to time to extend the same. 28 LAWS OF NEW YORK. 1 6. To regulate the use of every building now used or hereafter to be used as a hotel, in so far as the use thereof may involve the safety of the inmates in case of fire. 17. And the board of aldermen shall also fix the annual license fee, not exceeding the sum of twenty dollars, for each street or horse car daily operated or used in that portion of the city heretofore known as the city of Brooklyn. Every rail- road company operating or using such cars shall, on or before the first day of June in each year, certify to the city clerk the average number of cars daily operated and used by said com- pany, which certificate shall be verified by the oath of one of the managing officers of said company, and^ every such railroad company shall, on or before the first day of July in each year, pay to the chamberlain of The City of New York the license fee so established for the average number of cars so operated and used by said company. The said license fees shall be taken in full satisfaction for the use of the streets or avenues, but the same shall not release said company from any obligations required by law to keep such streets and avenues, or any part thereof, in repair, which said obligations and the contracts, laws or ordinances, creating and enforcing the same, are hereby continued in full force and operation. But nothing in this subdivision contained shall be construed to release any railroad company in The City of New York, as constituted by this act, from any duty or obligation existing at the time this act takes effect by virtue of any law, ordinance or contract. Ordinances in relation to the matters mentioned in this section may provide for the enforcement thereof in the manner specified in section forty-four of this act as amended. Id.; to regulate the use of streets, processions, etc. § 50. Subject to the constitution and laws of the state, the board of aldermen shall have power to regulate the use of streets and sidewalks by foot passengers, animals or vehicles; to regulate the speed at which horses shall be driven or ridden and at which vehicles shall be propelled in the streets; to regulate processions or parades occupying or marching upon any street ; to prevent encroachments upon and obstructions to the streets and to authorize and require their removal by the proper officers; to regulate the opening of street surfaces for purposes authorized by law; to regulate the numbering of houses and lots in the streets and the naming of streets, except that it shall not be lawful to number or renumber any houses CHARTER OF NEW YORK CITY. 29 or to change the name of any street save between the first day of December in any year and the first day of May next ensu- ing; to regulate and prevent the throwing or depositing of ashes, garbage or other filth or rubbish of any kind upon the streets; to regulate the use of the streets for signs, sign posts, awnings, awning posts, horse-troughs, urinals, posts for tele- graph or other electric wires, and other purposes; to regulate street pavements, cross-walks, curbstones, gutter-stones and sidewalks; to provide for regulating, grading, flagging, curb- ing, guttering and lighting the streets ; to regulate public cries, advertising noises, steam whistles, and ringing bells in the streets ; to regulate the exhibiting of banners, placards or flags in or across the streets or from houses or other buildings ; to regulate the exhibition of advertisements or handbills along the streets; and to make all such regulations in reference to the running of stages, omnibuses, trucks and cars as may be necessary for the convenient use and the accommodation of the streets, piers, wharves or stations. Whenever the word street " or the plural thereof occurs in this section it shall be deemed to include all that is included by the terms " street, avenue, road, alley, lane, highway, boulevard, concourse, pub- lic square and public place," or the plurals thereof respectively. Wherever the word " vehicle " or the plural thereof occurs in this section it shall be deemed to include wagons, trucks, carts, cabs, carriages, stages, omnibuses, motors, automobiles, loco- mobiles, locomotives, bicycles, tricycles, sleighs or other con- veyances for persons or property. The board of aldermen shall not have power to authorize the placing or continuing of any encroachment or obstruction upon any street or side- walk, except the- temporary occupation thereof during the erec- tion or repairing of a building on a lot opposite the same, nor shall they permit the erection of booths and stands within stoop lines, except for the sale of newspapers, periodicals, fruits and soda-water, and with the consent in such cases of the owner of the premises. The board of aldermen shall not pass any special ordinance in relation to any of the matters mentioned in this section. All ordinances in relation thereto shall be general ordinances which may either apply throughout the whole city or throughout specified portions thereof, and shall provide for the enforcement thereof as specified in section forty-four of this act as amended. Nothing herein contained shall be construed to prevent the board of aldermen from pro- viding by special ordinance for the erection or maintenance on the streets or waters within The City of New York of foun- 30 LAAYS OF NEW YOKK. tains, public comfort stations, urinals, public baths, or other like structures maintained by the public authorities; for the establishment of which the said board is hereby empowered to provide. All general ordinances relating to authorized structures, encroachments or obstructions in or upon the streets or sidewalks by persons other than the authorities of The City of New York, or other public authorities, shall fix a definite license fee for every such authorized structure, encroachment or obstruction, according to the character, extent and duration thereof, and shall provide for the issuing of revocable licenses therefor, which shall be according to an established form and shall be regularly numbered and duly registered as shall be pre- scribed by the board of aldermen. Id.; licensing and regulating certain trades or business; dog licenses^ etc. § 51. Subject to the constitution and the laws of the state, the board of aldermen shall have power to provide for the licensing and otherwise regulating the business of dirt carts, public cartmen, truckmen, hackmen, cabmen, express- men, car drivers and boatmen; of boot-blacks; of pawnbrokers, junk-dealers, keepers of intelligence offices, dealers in second hand articles, hawkers, peddlers, vendors and scalpers in coal freights; of menageries, circuses and common shows; of bone boiling, fat rendering and other noxious businesses ; and shall have power to regulate or forbid the keeping of dogs. The board of aldermen shall also have power to regulate the rates of fare to be taken by owners or drivers of hackney coaches, carriages, motors, automobiles or other vehicles, and to compel the owners thereof to pay annual license fees. All ordinances in relation to any of the matters mentioned in this section shall be general, shall provide for the enforcement thereof in the manner specified in section forty-four of this act as amended, and shall fix the license fees to be paid, if any. All licenses shall be according to an established form, and shall be regu- larly numbered and duly registered as shall be prescribed by the board of aldermen. Rules and regulations as to navigable waters within the city limits. § 52. The board of aldermen shall have power to estabhsh by general ordinances proper rules and regulations for the safety of passengers on excursion steamers, yachts, and all crafts taking part in regattas or races, whether as ob- OHAKiTEB OF NEW YORK CITY. servers or participants, in the navigable waters embraced within the corporate limits of the city and for pre- serving the public peace and preventing undue inter- ference with, or interruption of such regattas and races. Such rules and regulations when so adopted shall be duly published in the public newspapers and any wilful violation of the same by any person shall subject the offender to the penalties of a misdemeanor and if the holder of a license from the city to a forfeiture thereof. Id.; to see to the faithful execution of the laws, etc. § 54. The board of aldermen shall have power and it shall be its duty to see to the faithful execution of the 'laws and ordinances of the city; and it may appoint from time to time a special committee to inquire whether the laws and ordinances of the city relating to any subject or to any department of the city government are being faithfully ob- served, and the duties of the officers of such department or of any officer of the city are being faithfully discharged, also to examine and report whether there are any unnecessary, ineffi- cient or unfit employes, any excessive salaries or compensa- tions paid, and generally in respect of any and all matters which will conduce to the orderly and economical administra- tion of the affairs of the city government or any department thereof. Such committee shall have access to the books and records of the city or of any department or officer thereof. Id.; security to be required from certain officers. § 55. It shall be the duty of the board of alder- men where no provision has been made by law in respect thereto, to provide for the accountability of all officers and other persons, save as herein otherwise provided, to whom the receipt or expenditure of the funds of the city shall be entrusted, by requiring from them sufficient security for the performance of their duties of trust, which security shall be annually renewed ; but the security first taken shall remain in force until new security shall be given. In the event of a failure of the board of aldermen to fix any such bond, the heads of the respective departments and the presidents of the several boroughs shall have power to fix such bond subject to modifi- cation by the board of aldermen. 32 LAWS OF NEW YORK. (DivisJon) Salaries of officers. § 56. The salaries of all officers whose offices may be created by the board of aldermen for the purpose of giving effect to the provisions of this act, shall, subject to the other provisions of this act, be prescribed by ordinance or resolution. It shall be the duty of the board of aldermen, upon the recommendation of the board of estimate and apportion- ment, to fix the salary of every officer or person whose compensation is paid out of the city treasury other than day laborers, and teachers, examiners and members of the supervising staff of the department of education, irre- spective of the amount fixed by this act, except that no change shall be made in the salary of an elected officer or head of a department during his tenure of office. Salaries need not be uniform throughout the several boroughs, but may, in the discretion of the board of estimate and apportionment, be made to consist of two ele- ments: First, remuneration for work done, which shall be the same throughout all the boroughs for positions of like character; Second, an additional sum based upon an estimate of the prevailing rentals and expenses of living in the borough where the services rendered are performed, and which may vary in the several boroughs. The board of aldermen may re- duce, but may not increase, any salary recommended by the board of estimate and apportionment; but the action of the board of aldermen on reducing any salary so recommended shall be subject to the veto power of the mayor, as provided in section forty of this act. In case the board of aldermen shall vote to reduce more than one salary, the mayor may approve the reduction of one or more salaries, and may disapprove the reduction of others. In such case the reductions he shall approve shall become effective; and as to those which he shall not approve, the recommendations of the board of estimate and apportionment shall become effective unless the reductions be again passed by a three-fourths vote of the board of alder- men in the manner provided in section forty of this act. All salaries as fixed on the first day of January, nineteen hundred and two, shall continue in force until fixed by the board of aldermen as in this section provided. Id.; publication of ordinances; codification. § 57. The ordinances in force in The City of New York shall, as far as practicable be reduced to a code and published. The board of aldermen shall annually ap- OHABTEE OF NEW YORK CITY, 33 point a committee whose duty it shall be to com- pile the general ordinances in force on January first, nine- teen hundred and two, so far as the same remain in force, together with all general ordinances thereafter adopted; and the board of aldermen shall cause such general ordinances so compiled to be annually published. Id.; commissioners of deeds; appointment; oath; term; clerk there- for. § 58. The board of aldermen is hereby authorized and is empowered to appoint commissioners of deeds from time to time, who shall hold their offices for two years from the date of their appointment; such appointment shall not require the approval of the mayor, and hereafter, at the time of subscribing or filing the oath of office, the city clerk shall collect from each person ap- pointed a commissioner of deeds the sum of five dollars, and he shall not administer or file said oath unless said fee has been paid. All fees collected by the city clerk under and by virtue of this act, except as hereinafter provided,* shall be accounted for and paid over monthly into the treasury of the city. The city clerk shall appoint an officer, to be known as commissioner of deeds clerk, whose duties shall be to enter the names of commissioners of deeds appointed, in a book kept for that purpose, make out certificates of appoint- ment and to discharge such other duties as the city clerk may designate. Said commissioner of deeds clerk shall receive a salary at the rate of twelve hundred dollars per annum, payable monthly. Any person hereafter appointed to the office of com- missioner of deeds in and for The City of New York by the board of aldermen, before entering upon the discharge of the duties of said office and within thirty days after such appoint- ment, shall take and subscribe before the commissioner of deeds clerk, in the office of the city clerk, the following oath of office : That the applicant is a citizen of the United States and of the state of New York, and a resident of The City of New York ; that he will support the constitution of the United States and the constitution of the state of New York, and faithfully dis- charge the duties of the office of commissioner of deeds. Any commissioner of deeds who may remove from The City of New York during his term of office is hereby required to no- tify the city clerk of such removal. Any person appointed to the ofHce of commissioner of deeds under the provision of this 34 LAWS OF NEW YORK. section upon qualifying as above provided may take acknowl- edgments and administer oaths in any part of The City of New York, without filing a certificate of his appointment in the office of the clerk of the county in which he resides or in which the borough in which the acknowledgment is taken or the oath administered is situated, and all papers so acknowl- edged or verified shall be recorded or read in evidence without any further proof in all the boroughs of The City of New York. The city clerk upon the request of any commissioner appointed under the provisions of this act must make and deliver to such commissioner a certificate under his hand and official seal, showing the appointment and term of office of such commissioner, which certificates may be filed in the office of the clerk of the counties of New York, Kings, Queens and Richmond upon payment of six cents in each office for filing. The clerks of the counties of New York, Kings, Queens and Richmond shall each keep a book in which shall be registered the signatures of the commissioners so filing such certificate, and said clerks of the counties of New York, Kings, Queens and Richmond shall upon demand and upon payment of the sum of twenty-five cents, authenticate a certificate of acknowledgment or proof or oath taken before such a com- missioner of deeds, by subjoining or attaching to the original certificate of acknowledgment or proof or oath, a certificate under his hand and official seal specifying that at the time of taking the acknowledgment of proof, the officer taking it was duly authorized to take the same; that the authenticating officer is acquainted with the former's handwriting, or has compared the signature to the original certificate with that deposited in his office by such officer, and that he verily believes the signature to the original certificate is genuine, and if the original certificate is required to be under seal, he must also certify that he has compared the impression of the seal affixed thereto with the impression of the seal of the officer who took the acknowledgment or proof deposited in his office, and that he verily believes the impression of the seal upon the original certificate to be genuine, without regard to the county in which said acknowledgment was taken or oath administered, provided that said county be wholly within The City of New York, or if it be partly within The City of New York, that the acknowledgment was taken or oath adminis- tered in that portion of said county which is included within the boundaries of The City of New York. Any instrument OHABTER OF NEW YORK CITY. aS or paper acknowledged before a commissioner within The City of New York and certified by the clerk of the county of New York, Kings, Queens or Richmond, as hereinbefore provided, shall be recorded and read in evidence in any county of this state without further proof. The term of office of every com- missioner of deeds who, on the first day of May, eighteen hundred and ninety-eight, shall be holding over after a term of two years, shall then cease. Board of aldermen; trustees of public property. § 59. The board of aldermen and the several members thereof and all officers and employes of the city are hereby declared trustees of the property, funds and effects of said city respectively, so far as such property, funds and effects are or may be committed to their manage- ment or control, and every person residing in said city, when authorized to pay taxes therein, and who shall pay taxes therein is hereby declared to be a cestui que trust in respect to the said property, funds and eft'ects, respectively; and any co-trustees, or any cestui que trust, shall be entitled, as against said trustees, and in regard to said property, funds and effects, to all the rights and privileges provided by law for any co-trustee or cestui que trust to prosecute and main- tain any action to prevent waste and injury to any property, funds and estate held in trust. Such trustees are hereby made subject to all the duties and responsibilities imposed by law on trustees, and such duties and responsibilities may be enforced by the city or by any co-trustee or cestui que trust aforesaid. Board of aldermen; violations of law by members of. § 60. Any member of the board of aldermen who shall knowingly and wilfully disregard any provision of law applicable to the members of said board of aldermen, or who shall vote for any contract in viola- tion of law or any appropriation unauthorized by law or in excess of the amount authorized by law, or for any illegal or injurious disposition of corporate property, rights or fran- chises, shall be guilty of a misdemeanor and liable to the pun- ishment and penalties prescribed therefor; and every member voting in favor thereof shall be individually liable to refund the amount to the city at the suit of any citizen and taxpayer. 36 LAWS OF NEW YORK. Board of aldermen; further power. § 6i. The board of aldermen is authorized and empowered, on the application, in writing, of the head of the fire depart- ment, to grant tlie said department location for apparatus houses for said department on any of the public property, streets or slips; provided that the said houses are so located and constructed that in the judgment of said board they will not disfigure or mar the appearance of the public property, streets or slips, nor interfere with the purpose of travel or public recreation, and which if placed upon any street, avenue or slip, shall not reduce the width of the same between the curbs for the purpose of travel at the place of such location to less than thirty feet on each side of said building. CHAPTER TIL Franchises and Grants of Land under Water. Title I. Franchises. Title 2. Grants of land under water. TITLE I. Franchises. Inalienable rights of the city to its properties. § 71. The rights of the city in and to its water front, ferries, wharf property, land under water, public landings, wharves, docks, streets, avenues, parks, and all other public places are hereby declared to be inalienable. Franchises to be granted by ordinance. § 72. Every grant of or relating to a franchise of any char- acter to any person or corporation must, unless otherwise pro- vided in this act, be by ordinance. Limitations and conditions to grants of franchises. § 73. After the approval of this act no franchise or right to use the streets, avenues, waters, rivers, parkways or highways of the city, shall be granted by the board of aldermen to any person or corporation for a longer period than twenty-five years, except as hereinafter provided, but such grant may at the option of the city pro- OHABTER OF NEW YORK CITY. 37 vide for giving to the grantee the right on a fair revaluation or revahiations to renewals not exceeding in the aggregate twenty-five years. Nothing in the foregoing provisions of this section contained shall apply to consents granted to tunnel railroad corporations, and the board of aldermen is hereby authorized in its discretion to grant a fran- chise or right to any railroad corporation to use any of said streets, avenues, waters, rivers, parkways or highways in The City of New York for the construction and operation of a tunnel railroad underneath the surface thereof for any period not exceeding fifty years, and any such grant may at the option of the city provide for giving to the grantee the rights on a fair revaluation or revaluations, to renewals not exceeding in the aggregate twenty-five years, provided, how- ever, that any grant to construct a tunnel railroad or renewal thereof, shall only be made after an agreement has been entered into by such a tunnel corporation to pay to The City of New York at least three per centum, of the net profits derived from the use of any tunnel which it shall construct, after there shall have first been retained by such company from such net profits a sum equal to five per centum upon the sum expended to construct such tunnel. At the termination of any franchise or right granted by the board of aldermen all the rights or property of the grantee in the streets, avenues, waters, rivers, parkways and highways shall cease without compensa- tion. Every such grant of a franchise and every contract made by the city in pursuance thereof may provide that upon the termination of the franchise or right granted by the board of aldermen the plant of the grantee with its appurtenances, shall thereupon be and become the property of the city with- out further or other compensation to the grantee; or such grant and contract may provide that upon such termination there shall be a fair valuation of the plant which shall be and become the property of the city on the termination of the contract on paying the grantee such valuation. If by virtue of the grant or contract the plant is to become the city's without money payment therefor, the city shall have the option either to take and operate the said property on its own account, or to lease the same for a term not exceeding twenty years. If the original grant shall provide that the city shall make payment for the plant and property, such payment shall be at a fair valuation of the same as property, excluding any value derived from the franchise; as • LAWS OF NEW YORK. and if the city shall make payment for such plant, it shall in that event have the option either to operate the plant and property on its own account or to lease the said plant and property and the right to the use of streets and public places in connection therewith for limited periods, in the same or similar manner as it leases the ferries and docks. Every grant shall make ade- quate provision by way of forfeiture of the grant, or otherwise, to secure efficiency of public service at reasonable rates and the maintenance of the property in good condition throughout the full term of the grant. The grant or contract shall also specify the mode of determining the valuation and revaluations therein provided for. Proceedings prior to grant of franchise. § 74. Before any grant of the franchise or right to use any street, avenue, waterway, parkway or highway shall be made, the proposed specific grant embodied in the form of an ordi- nance with all of the terms and conditions, including the pro- visions as to rates, fares and charges, shall be published at least twenty days in the City Record and at least twice in two daily newspapers published in the city to be designated by the mayor at the expense of the proposed grantee. Such ordinance shall on its introduction and first reading be referred by the board of aldermen to the board of estimate and apportion- ment, who shall make inquiry as to the money value of the franchise or right proposed to be granted and the adequacy of the compensation proposed to be paid therefor, and no grant thereof by the board of aldermen shall be made except on terms approved by vote or resolution of the board of esti- mate and apportionment, entered on the minutes or record of such board, and every ordinance containing or making such grant shall require the concurrence of three-fourths of all the members of the board of aldermen as shown by the ayes and noes there recorded and the approval of the mayor, and thirty days at least shall intervene between the introduc- tion and final passage of any such ordinance. It shall require a vote of three-fourths of all the members elected to each branch of the board of aldermen to pass such ordinance over the mayor's veto. This act shall apply to any renewal or extension of the grant or leasing of the property to the same grantee or to others. OHARTEll OF NEW YORK CITY. 39 Board of aldermen to pass ordinances. § 75. The board of aldermen may from time to time pass appropriate ordinances^ not inconsistent with the constitution and laws of the state, to carry the provi- sions of this title into effect, but shall not part with the right and duty at all times to exercise in the interest of the public, full municipal superintendence, regulation and control in respect of all matters connected with such grant, and not incon- sistent with the terms thereof. City may dispose of buildings not required for public use. § 76. Nothing in this title contained shall prevent the city from disposing of any building or parcel of land no longer needed for public use, provided such disposition shall be ap- proved by the sinking fund commissioners, and shall be at public sale, and be provided for by ordinance. Acts not applicable to grants under this title. § 77. Section ninety-three of chapter five hundred and sixty- five of the laws of eighteen hundred and ninety and any acts amendatory thereof or supplemental thereto, shall have no application to grants made under and pursuant to this title. TITLE 2. Grants of Lands under Water. Grants of lands and franchises to city in aid of commerce, § 83. To the end that The City of New York, as herein con- stituted, may be enabled to make needful provisions for the navigation, intercourse and commerce of the city and ade- quately to develop and secure the same now and in the future, the said city shall have the control as herein and in this act provided, of the water front of the entire city, subject, however, to the rights of private owners of property, and also power to establish, construct, acquire, own, maintain and enjoy all fer- ries, public wharves, docks, piers, bulkheads, basins, slips, streets, approaches and spaces, and all other public structures, adjuncts and facilities necessary or proper for the navigation, intercourse and commerce, foreign and domestic, of the city. To these ends, in addition to all other grants, there is hereby 40 LAWS OF NEW YORK. granted in fee to the said city of New York, as herein consti- tuted, in all the public streams, rivers, sounds, bays and waters of all descriptions at any and all places within said city or adjoining the limits of said city as herein constituted, all and singular the property, estate, right, title and interest of the people of the state of New York, in, to, of, and concernin^^ such lands and soil covered by water, as are embraced within the projected boundary lines of any street intersecting the shore line, and which street is in public use or which may be hereafter opened for public use, extending from high-water mark out into said streams, rivers, sounds, bays and waters so far (any limits in existing grants to the contrary) as the said city shall now or at any time hereafter in the opinion of its board of aldermen or department of docks and ferries require the same for ferries, public wharves, docks, piers, bulkheads, basins, slips, or other public structures, adjuncts and facilities for navigation and commerce, including the right for such purposes to reclaim such lands from said waters, and including also all riparian rights, and all rents, issues and profits of the premises herein granted. The com- missioners of the land office shall from time to time, convey or patent the lands herein granted to the city for said purposes as and whenever required by the board of docks. Property and franchises inalienable. § 84. The property, franchises and rights hereby granted and the works and structures hereby authorized are not the subject of sale but shall be held by the city in perpetuity. But this shall not prevent the city from leasing the same for limited periods of time, in the same manner as it leases other like prop erty. Private rights protected. § 85. This grant shall not impair or afTect any existing valid private rights, or the existing riparian rights of owners of pri- vate property, or the lawful rights of private owners of docks, piers and other structures in the said city or any part thereof. Patenting of lands under water by commissioners of the land office. § 86. After the approval of this act no patent of soil or land under water within The City of New York, as herein consti- tuted, shall be made except fo The City of New York or to CHARTER OF NEW YORK CITY. the riparian proprietor. If the board of docks with the approval of the commissioners of the sinking fund, shall pro- ject a plan or plans for the construction of docks between street intersections as aforesaid, and desire a grant of land under .water for that purpose, they shall make application therefor to the commissioners of the land office, who thereupon shall give notice to the riparian proprietor before taking action in the matter and shall make such grant to the city for the purposes specified in section eighty-three. Such grant, however, shall be subject to all the rights of the riparian proprietor, and before the city shall construct such public wharves or other structures in front of the land of such riparian proprietor, the city shall make just compensation to such proprietor for the value of all the riparian rights. If the commissioners shall make a grant to the riparian proprietor it shall be confined to soil or land under water in front of the land of such riparian proprietor. If application be made to the commissioners of the land office by the riparian proprietor for a grant of soil or land under water within The City of New York, as herein constituted, such commissioners shall give notice thereof to the board of docks of the city, which shall examine into such application and certify to the said commissioners whether in the opinion of the said board the granting of the same will conflict with the rights of the city under this act or be other- wise injurious to the public interests of the said city. The said commissioners may in their discretion insert such terms and conditions in the grant as are recommended by the board of docks and as will protect the public interests of the city in respect to navigation and commerce. The validity of any such grant or patent may be judicially determined in an action brought by and in the name of the city.. Power of board of aldermen. § 87. The board of aldermen may from time to time pass appropriate ordinances to carry the provisions hereof into effect, not inconsistent with law or this act. Repealing provision. § 88. All acts and parts of acts, so far as the same are incon- sistent with this chapter are hereby repealed. 42 LAWS OF NEW YORK. CHAPTER IV. The Executive. Mayor; executive power in and election of; salary. § 94. The executive power of The City of New York, as constituted by this act, shall be vested in the mayor, the presi- dents of the several boroughs and the officers of the several departments. The mayor shall be the chief executive officer of the city; he shall be elected at the general election in the year nineteen hundred and one, and every two years there- after, and shall hold his office for the term of two years com- mencing at noon on the first day of January after his election. The salary of the mayor shall be fifteen thousand dollars a year. Mayor's power of removal. § 95. The mayor, may, whenever in his judgment the pub- lic interests shall so require, remove from office any public officer holding office by appointment from a mayor of The City of New York, except members of the board of educa- tion, and aqueduct commissioners, trustees of the Col- lege of The City of New York, and trustees of Belle- vue and allied hospitals, and except also judicial officers for whose removal other provision is made by the con- stitution. No public officer shall nold his office for any specific term, except as in this act is otherwise ex- pressly provided. Administrative departments. § 96. There shall be the following administrative depart- ments in said city: Department of finance. Law department. Police department. V Department of water supply, gas and electricityy Department of street cleaning, v Department of bridges. Department of parks. Department of public charities. Department of correction. Fire department ClHAEa?EiRi OF NEW YORK CITY. 43 Department of docks and ferries. Department of taxes and assessments. Department of education. Department of health. Tenement house department. Department of finance; comptroller. § 97. The head of the department of finance shall be called the comptroller of The City of New York. He shall be elected at the general election in the year nineteen hundred and one, and every two years thereafter, and shall hold his office for the term of two years, commencing at noon on the first day of January, after his election. The comptroller may be removed from office by the governor in the same manner as sheriffs, except that the governor may direct the inquiry required by law, to be conducted by the attorney-general, and after charges have been received by the governor, he may, pending the investigation, suspend the comptroller for a period not exceeding thirty days. In case of a vacancy in the office of comptroller, it shall be filled by the mayor, and the person appointed to fill such vacancy shall hold office until noon of the first day of January succeeding the election at which a suc- cessor shall be elected. At the next general election at which municipal officers shall be elected, which shall take place more than thirty days after the occurrence of a vacancy in the office of comptroller, a successor shall be chosen who shall hold office for the remainder of the unexpired term. Law department; corporation counsel. § 98. The head of the law department shall be called the corporation counsel. Police department; police commissioner. § 99. The head of the police department shall be called the police commissioner. Departments of water supply, gas and electricity, street cleaning and bridges. § 100. I. The head of the department of water supply, gas and electricity shall be called the commissioner of water supply, gas and electricity. 2. The head of the department of street cleaning shall be called the commissioner of street cleaning. LAWS OF NEW YORK. 3. The head of the department of bridges shall be called the commissioner of bridges. ' Department of parks; park board. § loi. The head of the department of parks shall be called the park board. Said board shall consist of three members who shall be known as commissioners of parks. Department of public charities; commissioner of public charities. § 103. The head of the department of public charities shall be called the commissioner of public charities. jDepartment of correction; commissioner of. § 104. The head of the department of correction shall be called the commissioner of correction. Fire department; the fire commissioner. § 105. The head of the fire department shall be called the fire commissioner. Department of docks and ferries; board of docks. § 106. The head of the department of docks and ferries shall be called the commissioner of docks. Department of taxes and assessments; board of taxes and assessments. § 107. The head of the department of taxes and assess- ments shall be called the board of taxes and assessments. Said board shall consist of a president, who shall be so desig- nated in his appointment, and four other members, one of whom at least shall be a person learned in the law, who shall be called commissioner of taxes and assessments. Department of education. § 108. The head of the department of education shall be called the board of education ana shall consist of forty-six members as hereinafter provided. Department of health; board of health. § 109. The head of the department of health shall be called the board of health. Said board shall consist of the commissioner ,of health, the police commissioner and the health officer of the port. OHARTEE OF NEW YORK CITY. 45 Tenement house department. § no. The head of the tenement house department shall l)e called the tenement house commissioner. He shall be ap- pointed by the mayor, and shall, unless sooner removed, hold his office for six years, and until his successor shall be ap- pointed and has qualified. Heads of departments and borough presidents; power to purchase supplies. § III. Each head of a department and each president of a borough shall have cognizance and control of the purchase of fuel, furniture, utensils, books and other articles needed for the public offices within his department or jurisdiction. Sup- plies shall be furnished to heads of bureaus and all subordi- nate officials only upon the receipt of a written requisition signed by the head of the office in which the same are required. Schedules of salaries to be presented when requested. § 112. It shall be the duty of each borough president and the head of each department to present new schedules of sal- aries for his office or department to the board of estimate and apportionment, whenever requested by said board so to do. CHAPTER V. The Mayor. Mayor; duties of. § 115. It shall be the duty of the mayor: 1. To communicate to the board of aldermen, at least once in each year, a general statement of the finances, government and improvements of the city. 2. To recommend to the board of aldermen all such meas- ures as he shall deem expedient. 3. To keep himself informed of the doings of the several departments. 4. To be vigilant and active in causing the ordinances of the city, and laws of the state to be executed and enforced, and for that purpose he may call together for consultation and co-operation any or all of the heads of departments. 5. And generally to perform all such duties as may be prescribed for him by this act, the city ordinances and the laws of the state. 46 LAWS OF NEW YORK. Id.; a magistrate. § 1 16. The mayor is a magistrate. Id.; may appoint clerks, etc. § 117. The mayor may appoint such clerks and subor- dinates as he may require to aid him in the discharge of his official duties, and shall render to the board of aldermen every three months, an account of the expenses and receipts of his office, and therein shall state, in de- tail, the amounts paid and agreed to be paid by him, for salaries to such clerks and subordinates respectively, and the general nature of their duties, which account and report shall be published in the City Record. The aggregate expenses incurred by him for such purposes shall not exceed, in any one year, the sum appropriated therefor. Id.; to appoint heads of departments. § 118. The mayor shall appoint the heads of departments and all commissioners, except as otherwise provided in this act. He shall also appoint all members of any board or com- mission authorized to superintend the erection or repair of any building belonging to or to be paid for by the city, whether named in any law or appointed by any local authority, and also a commissioner of jurors for the boroughs of Man- hattan and the Bronx, inspectors of weights and measures, and as many sealers of weights and measures as may by ordi- nance be prescribed, and also the members of any other local board and all other officers not elected by the people, whose appointment is not excepted or otherwise provided for. Every head of department and person in this section named shall, subject to the power of removal herein provided, hold his office for such term as is provided by this act, or other- wise, and in each case until a person is duly appointed, and has qualified, in his place. Id.; to appoint commissioners of accounts. § 119. The mayor shall appoint and remove at pleasure two persons who shall be commissioners of accounts, one of whom shall be a certified public accountant. It shall be their duty, once in three months, to make an examination of the receipts and disbursements in the offices of the comptroller and cham- berlain, in connection with those of all the departments and officers making returns thereto, and report to the mayor a OHARTETR OF NEW YORK CITY. 47 detailed and classified statement of the financial condition of the city as shown by such examinations. They shall also make such special examinations of the accounts and methods of the departments and offices of the city and of the counties of New York, Richmond, Queens and Kings, as the mayor may from time to time direct, and such other examinations as the said commissioners may deem for the best interests of the city, and report to the mayor and the board of aldermen the results thereof. For the purpose of ascertaining facts in connection with these examinations they shall have full power to compel the attendance of witnesses, to administer oaths and to examine such persons as they may deem necessary. Such commissioners shall each be paid the sum of five thousand dollars a year. The board of estimate and apportionment and the board of aldermen shall annually appropriate a sum sufficient to pay the salaries of said commissioners, and in the discretion of said board and the board of aldermen a sum sufficient to enable them to employ the necessary assistance to carry out the provisions of this section. Id.; proclamation as to holding court in case of pestilence, etc. § 120. The mayor, or, in case of his absence, or other dis- ability, the president of the board of aldermen, by proclamation, may direct that the next ensuing term of any court, other than the court of appeals, appointed to be held in the city shall be held in any building within The City of New York, other than the building where the same is regularly to be held, if, in his opinion, war, pestilence, or other public calamity, or the danger thereof, or the destruction or injury of the building, or the want of suitable accommodation, renders it necessary that some other place be selected. The proclamation must be published in two or more daily news- papers, published in The City of New York, Id.; police power as to pawnbrokers. § 121. The mayor shall possess the power conferred upon the chief, deputy chiefs, inspectors and captains of police by section three hundred and seventeen of this act. Id.; removal by governor. § 122. The mayor may be removed from office by the gov- ernor in the same manner as sherifTs, except that the governor may direct the inquiry provided by law to be conducted by the 48 LAWS OF NEW YORK. attorney-general; and after the charges have been received by the governor, he may, pending the investigation, suspend the mayor for a period not exceeding thirty days. Municipal civil service; mayor to appoint commissioners. § 123. The mayor shall appoint three or more suitable per- sons, not more than two-thirds of whom shall be members ol the same political party, who shall, in the manner defined by chapter three of the general laws, commonly known as the civil service law, and subject to and in pursuance of the pro- visions of that law and of such amendments as may from time to time be made to it, prescfibe, amend and enforce rules for the classification of the offices, places and employments in the public service of the city, and for appointments and promo- tions therein, and examinations therefor, and for the registra- tion and selection of laborers for employment therein. Such persons shall constitute the municipal civil service com- mission, and, within the amount appropriated therefor, they shall have authority to appoint a secretary, exam- iners, and such other subordinates as may be necessary. Proper provision shall be made in the annual budget for all the expenses of the municipal civil service commission. Regulations of municipal civil service. § 124. All appointments, promotions and changes of status of persons in the public service of The City of New York shall be made in the manner prescribed by the constitution of the state and in accordance with the provisions of chapter three of the general laws, commonly known as the civil service law, and such amendments as may be made thereto, and the pro- visions of this act. Authority and duty of commissioners of municipal civil service. § 125. The municipal civil service commission shall have the power to make investigations concerning all matters touching the enforcement and effect of the provisions of the civil service law, in so far as it applies to The City of New York, and the rules and regulations prescribed thereunder, or concerning the action of any examiner or subordinate of the commission, or of any person in the classified municipal ser- vice, in respect to the execution of that act, and in the course of such investigations each commissioner and the secretary shall have the power to administer oaths. The municipal CHARTER OF NEW YORK CITY. 49 civil service commission shall have the further power to subpoena and require the attendance of witnesses, and the production thereby of books and papers pertinent to the investigations and inquiries hereby authorized, and to examine them, and such public records as it shall require in relation to any matter which it is required to investigate. For this purpose the commission shall possess all the powers conferred by the code of civil procedure upon a board or committee, and may invoke the power of any court of record in the state to compel the attendance and testifying of witnesses or the production thereby of books and papers as afore- said. Warrants for payment of salary of person whose appointment has not been made under civil service law, prohibited. § 126. Any officer of said city whose duty it is to sign or countersign warrants, shall not draw, sign or issue, or authorize the drawing, signing or issuing of any warrant on the cham- berlain or other disbursing officer of the city for the payment of salary to any person in its service whose appointment or retention has not been in accordance with the civil service law and its amendments and of the valid rules in force there- under. Veterans in municipal service. § 127. All veterans either of the army or navy or the volun- teer fire departments, now in the service of either of the municipal and public corporations hereby consolidated, who are now entitled by law to serve during good behavior, or who can not under existing law be removed except for cause, shall be retained in like positions and under the same conditions by the corporation constituted by this act, to serve under such titles and in such way as the head of the appropriate depart- ment or the mayor may direct. CHAPTER VI. Department of Finance. Title I. The comptroller. Title 2. The bonds and obligations of the city. Title 3. The chamberlain. Title 4. The sinking funds. Title 5. Appropriations and the board of estimate and appor- tionment. Title 6. Levying taxes. 50 LAWS OF KEVV YORK. TITLE I, The Comptroller. General duties; settlement of claims; assent to certain contracts required; election; salary. § 149. The department of finance shall have control of the fiscal concerns of the corporation. All accounts rendered to or kept in the other departments shall be subject to the inspection and revision of the officers of this department. It shall prescribe the forms of keeping and rendering all city accounts, and, except as herein otherwise provided, the manner in v^hich all salaries shall be drawn, and the mode by which all creditors, officers and employees of the corporation shall be paid. All payments by or on behalf of the corporation, except as otherwise specially provided, shall be made through the proper disbursing of!icer of the department of finance, on vouchers to be filed in said department, by means of warrants drawn on the chamberlain by the comptroller, and counter- signed by the mayor. The comptroller may require any person presenting for settlement an account or claim for any cause whatever, against the corporation, to be sworn before him touching such account or claim, and when so sworn, to answer orally as to any facts relative to the justness of such account or claim. Willful false swearing before him is per- jury, and punishable as such. He shall settle and adjust all claims in favor of or against the corporation, and all accounts in which the corporation is concerned as debtor or creditor; but in adjusting and settling such claims, he shall, as far as practicable, be governed by the rules of law and principles of equity which prevail in courts of justice. No claim against the city or against any of the counties contained within its territorial limits, or payable in the first instance from moneys in the city treasury for services rendered or work done or materials or supplies furnished except (i) claims reduced to judgment, or (2) awards, costs, charges and expenses duly taxed or ordered paid in judicial proceedings, or (3) claims arising under the provisions of contracts made at public letting in the rrianner provided by' section four hundred and nineteen of this act, or (4) claims settled and adjusted by the comp- troller, pursuant to the authority of this section, shall be paid unless an auditor of accounts shall certify that the charges therefor are just and reasonable; and, except as hereinabove otherwise provided, all contracts with the city or any of such counties or with any public officer acting in its or their behalf, CHARTER OF NEW YORK CITY. 51 shall be subject to such audit and revision by the department of finance. The power hereby given to settle and adjust such claims shall not be construed to authorize the comptroller to dispute the amount of any salary established by or under the authority of any officer or depart- ment authorized to establish the same, nor to question the due performance of his duties by such officer, except when neces- sary to prevent fraud. If in any action at law against The City of New York to recover upon a claim not embraced within the exceptions hereinabove numerically specified, the amount claimed by the plaintiff is in excess of the amount as audited and settled by the department of finance, the plaintiff must establish his claim by competent evidence of value, and no testimony shall be admitted to show a promise or agreement by any officer or employe of the city or of any of the counties contained within its territorial limits, to pay any larger sum than the amount so audited or allowed by the department of finance. The comptroller shall not reduce the rate of interest upon any taxes or assessments below the amount fixed by law. No contract hereafter made, the expense of the execu- tion of which is not by law or ordinance, in whole or in part, to be paid by assessments upon the property benefited, shall be binding or of any force, unless the comptroller shall indorse thereon his certificate that there remains unexpended and unapplied, as herein provided, a balance of the appro- priation or fund applicable thereto, sufficient to pay the esti- mated expense of executing such contract, as certified by the officer making the same. But this provision shall not apply to work done, or supplies furnished, not involving the expendi- ture of more than one thousand dollars, unless the same is required by law to be done by contract at public letting. It shall be the duty of the comptroller to make such indorse- ment upon every such contract so presented to him, if there remains unapplied and unexpended such amount so specified by the officer making the contract, and to thereafter hold and retain such sum to pay the expense incurred until the said contract shall be fully performed. And such indorsement shall be sufficient evidence of such appropriation or fund in any action. The comptroller shall furnish to each head of department, monthly, a statement of the unexpended balances of the appropriation for his department. Wages and salaries, except as otherwise provided in this act, may be paid upon pay-rolls, upon which each person named thereon shall separately receipt for the amount paid to such 52 LAjWS op new YORK. person, and in every case of payment upon a pay-roll the war- rant for the aggregate amount of wages and salaries included therein may be made payable to the supermtendent, foreman or other officer designated for the purpose. The comptroller shall enter into, upon behalf of The City of New York, any lease authorized by the commissioners of the sinking fund of property leased to the city. The assent of the comptroller shall be necessary to all agreements hereafter entered into by any city officer, board, commission or department for the acqui- sition by purchase of any real estate or easement therein, when such an agreement involves an obligation to pay or an expendi- ture of any money on behalf of the city, and in any proceedings that may hereafter be had to acquire real estate or heredita ments for or on behalf of the corporation of The City of New York, before an award shall be confirmed, imposing an obliga- tion upon the city to pay any moneys, the comptroller shall have thirty days' notice in writing, stating before whom and at what time such proceeding will take place; but nothing hereinbefore contained shall affect the board of rapid transit railroad commissioners existing under chapter four of the laws of eighteen hundred and ninety-one as amended. The comp- troller of The City of New York shall be elected and hold office as provided in this act, and shall receive an annual salary of fifteen thousand dollars, and shall account to and pay into the city treasury all fees and emolu- ments to which he may be entitled under the general tax law of the state of New York and all other statutes, whether gen- eral or special. Comptroller to appoint two deputy comptrollers. § 150. The comptroller shall appoint, and for cause to be stated in the City Record, at pleasure remove, two deputy comptrollers. The said deputy comptrollers shall, in addition to their other powers, possess any or every power and perform any or every duty belonging to the office of comptroller, when- ever the said comptroller shall, by due written authority and during a period of time not extending beyond three months, nor beyond his term of office, and to be specified in such authority, designate and authorize the said deputy comptrollers or either of them to possess such powers and perform such duties, and such designation and authority shall be duly filed in and remain of record in the department of finance and in the mayor's office. The said deputy comptrollers shall possess the like authority in case of the disability of the comptroller, OHAK^TEB OF NEW YORK CITY. 53 upon the like designation of the mayor, which shall be filed and remain of record as aforesaid; but such authority, derived from a designation from the comptroller or the mayor, may at any time be terminated in the same manner as it wa? created. Bureaus of the department of finance. § 151. There shall be five bureaus in this department: 1. A bureau for the collection of revenue accruing from rents and interests on bonds and mortgages, and revenue aris- ing from the use or sale of property belonging to or managed by the city, and the management of the markets, the stalls or stands in v^hich shall be rented on permits, to be issued by the comptroller, all of such permits heretofore or to be hereafter issued to be revocable by the comptroller for good and suffi- cient cause, and not otherv^ise, v^hich shall be known as the bureau for the collection of city revenue and of markets. The chief officer of such bureau shall be called the collector of city revenue and the superintendent of markets. It shall be lawful for such bureau, under the direction of the comptroller, to col- lect rental for the temporary use and occupation of property acquired by the city for public purposes between the time of the acquisition thereof and the time when the same can be actually utilized for the purposes for which it was acquired, and of property which, having been originally acquired for public purposes, has ceased to be used for such purposes. 2. A bureau for the collection of taxes, the chief officer of which shall be called, the receiver of taxes. He shall receive a salary at the rate of five thousand dollars per annum. 3. A bureau for the collection of assessments, and of such taxes, assessments and water rents as are in arrears, the chief officer of which shall be called the collector of assessments and arrears. He shall receive a salary at the rate of four thousand dollars per annum. 4. An auditing bureau, which under the supervision of the comptroller shall audit, revise and settle all accounts in which the city is concerned, as debtor or creditor, and the chief offi- cers whereof shall be called auditors of accounts, to be ap- pointed or removed, as shall be also deputy auditors, at the pleasure of the comptroller. During the absence of either or any or all of said • auditors of accounts, from illness or other cause, said deputy auditors or any or either of them shall, when and to the extent he or they may be authorized so to do in writing by the comptroller, per- form the duties and exercise the powers of either or of any or 54 LAWS OF NEW YORK. of all of the said auditors of accounts. The said auditing bureau shall keep an account of each claim for and against the corporation, and of the sums allowed upon each, and certify the same to the comptroller, with the reasons for the allow- ance. The comptroller may detail any of such auditors and deputy auditors as he may deem proper to the borough hall of the borough of Brooklyn, to the borough hall of the bor- ough of The Bronx, to the borough hall of the borough of Queens and to the borough hall of the borough of Richmond, in addition to such as may be in the chief office of the comp- troller in the borough of Manhattan. All such accounts aris- ing from local improvements within the borough of Brooklyn may be audited, revised and settled by the auditor or the auditors of accounts so detailed as aforesaid by the comptroller in the borough hall of the borough of Brooklyn. All such accounts arising from local improvements within the borough of Queens may be audited, revised and settled by the auditor or auditors of accounts so detailed as aforesaid by the comp- troller in the borough hall of the borough of Queens. All such accounts arising from local improvements within the borough of Richmond may be audited, revised and settled by the auditor or auditors of accounts so detailed as aforesaid by the comptroller in the borough hall of the borough of Rich- mond. And all such accounts arising from local improve- ments within the boroughs of Manhattan and The Bronx may be audited, revised and settled by any of the auditors of accounts in the chief office of the comptroller in the borough of Manhattan, or, so far as the borough of The Bronx is con- cerned, in the office to be located in the borough hall of the borough of The Bronx, and the auditors of accounts may have such clerks and assistants, examiners, engineers, inspectors and employes as the comptroller may deem necessary and proper, to be appointed by the comptroller. 5. A bureau for the reception and safe keeping of all moneys paid into the treasury of the city, and for the payment of money on warrants drawn by the comptroller and counter- signed by the mayor, the chief officer of which shall be called the chamberlain. Appointment and bond of receiver of taxes and collector of assess- ments and arrears. § 152. The comptroller shall appoint the receiver of taxes and the collector of assessments and arrears. The receiver of taxes and the collector of assessments and arrears, before CHARTER OF NEW YORK CITY. 55 entering upon the duties of their offices, shall each enter into a bond to The City of New York, to be approved by the chamber- lain and comptroller in the penal sum of twenty-five thousand dollars, which bond shall be conditioned for the faithful per- formance of the duties of the office by the officer giving such bond. Every such bond shall be a lien on all the real estate held jointly and severally by the said receiver or the * said collector executing the same, as the case may be, or any surety thereto, within any of the counties embraced in The City of New York at the time of the filing thereof, unless there be named and described in or on any such bond, real estate in one or more of such counties equal in value to the amount of said bond and owned by a surety, in which case the said bond shall be a lien on such real estate so described and upon all the real estate of the said receiver or collector, as the case may be, and no other, and shall continue to be such lien until the condition, together with all costs and charges which may accrue by the prosecution thereof shall be fully satisfied, not to exceed, however, the period of ten years after the time when the officer who has given such bond shall have ceased to hold his office, unless an action thereon has been commenced and shall then be pending. Renewal of bond. § 153. If at any time during the continuance in office of the said receiver of taxes or of any of the deputy receivers of taxes or of the collector of assessments and arrears or of any of the deputy collectors of assessments and arrears the comptroller shall deem any surety of them or either of them to be insuffi- cient, he may require the said receiver or any deputy receiver, or collector or any deputy collector to enter into a new bond to be approved in like manner as herein prescribed, within such time as said comptroller may direct, not being less than ten days after requiring such new bond to be given; and in case of the neglect or refusal of any such officer to furnish such bond within the time so directed, the comptroller may declare his office vacant. Accounts of receiver and collector and their deputies to be examined. § 154- Whenever a receiver of taxes or any deputy re- ceiver or a collector of assessments and arrears or any deputy collector shall cease to hold office, and within one year thereafter, it shall be the duty of the comptroller to examine 56 LAW8 OF NEW YOKK. the accounts of such receiver or collector or deputy, and if found correct to cause a certificate to that effect to be filed with the bond of such officer, and such certificate so filed shall be a full discharge and satisfaction of the conditions of such bond and the lien or liens thereby created. And if at any time dur- ing his continuance in office any such receiver, collector, or deputy receiver, or deputy collector shall execute and file with the comptroller a new bond in the same form and penalty and • approved as provided in section one hundred and fifty-two, it shall be the duty of the comptroller to examine and adjust the accounts of such receiver or collector or deputy, to the date of such filing, and, if found correct, to cause a certificate to that effect to be filed with the bond or bonds previously filed by such officer, and such certificate so filed shall be the full discharge and satisfaction of the condition of such prior bond or bonds and of the lien or liens thereby created. Receiver of taxes and collector of assessments and arrears; where to keep offices. § 155. The receiver of taxes and the collector of assess- ments and arrears shall each have his chief office in the borough of Manhattan at such places as shall be, from time to time, by ordinance of the board of aldermen designated for that pur- pose. Each of them shall also have an office in the borough of Brooklyn, in the borough of The Bronx, in the borough of Queens and in the borough of Richmond, at such places in said boroughs as shall be designated by the comptroller. Receiver of taxes and collector of assessments and arrears may appoint deputies. § 156. The receiver of taxes and the collector of assessments and arrears may each appoint the requisite number of deputy tax receivers and of deputy collectors of assessments and arrears respectively. Each of them shall take from each deputy so appointed by him a bond, in such penal sum and with such sureties as may be approved by him and by the comptroller and chamberlain, which bond shall run to the receiver or the collector, as the case may be, The City of New York and to whom it may concern, and shall be conditioned for the faithful performance of the duties of such deputy. The receiver of taxes, and his sureties, shall be liable for the acts and defaults of the deputy receivers so appointed and the collector of assess- ments and arrears, and his sureties, shall be liable for the acts CHAEiTER OF NEW YOEK CITY. 57 and defaults of the deputy collectors. Each bond taken in pursuance of the provisions of this section shall be filed with the comptroller. Each deputy receiver of taxes shall have all the powers and be subject to all the duties of the receiver of taxes in respect to the collection and receipt of taxes, and each deputy collector of assessments and arrears shall have all the powers and be subject to all the duties of the collector of assessments and arrears in respect to the collection of assess- ments and arrears. Where taxes, assessments and arrears are due and payable. § 157. Taxes, assessments and arrears due upon property within the borough of Manhattan, shall be payable and receiv- able at the main offices of the receiver of taxes and of the collector of assessments and arrears, respectively, in said bor- ough. Taxes, assessments and arrears due upon property situated in every other borough shall be payable at the offices of said receiver of taxes or collector of assessments and arrears, respectively, in the borough in which said property is situated. Bond of receiver and collector to be filed. § 158. The bonds given by the receiver of taxes and the collector of assessments and arrears as hereinbefore provided shall be filed and remain in the office of the comptroller, and true copies thereof, certified by the comptroller, shall be filed in the office of the clerk of each of the counties embraced within The City of New York and shall be public records. In case a certificate of the adjustment of the accounts of any receiver or collector be made as hereinbefore provided, a true copy thereof, certified by the comptroller, shall be filed in each of the offices in which a copy of the bond of said receiver or collector shall have been filed. Assessment lists to be filed. § 159. There shall be kept in the office of the collector of assessments and arrears a full and complete record, in detail, of all lists of assessments confirmed, whether by the supreme court or the board of revision or the board of assessors, with the date of confirmation and the date of entry under such record, which record shall be open to inspection during office hours, and the same shall be received as presumptive evidence of the facts therein contained. An assessment shall become a lien upon the real 58 LAWS OF NEW YORK. estate affected thereby ten days after its entry in the said record. If any such assessment Hst affects property situated in any borough, other than the borough of Manhattan, a copy of such hst shall forthwith be transmitted to and filed in the office of the collector of assessments and arrears in the borough in which is situated the property so affected. Comptroller to appoint clerks and assistants. § 1 60. The comptroller shall appoint as many clerks and assistants to the receiver of taxes and the collector of assess- ments and arrears as may be necessary, and shall designate the boroughs in which they shall respectively perform their duties. Publication of financial statement. § 161. It shall be the duty of the comptroller to publish in the City Record within two months after the close of each calendar year, a full and detailed state- ment of the receipts and the expenditures of the corporation during the preceding year and the cash balance or surplus; and in every such statement the different sources of city revenue, and the amount received from each, the several appropriations made, the objects for which the same were made, and the amount of moneys expended under each, the money borrowed on the credit of the corporation, the authority under which each loan was made, and the terms on which the same was obtained, shall be clearly and particu- larly specified. Application of certain moneys. § 162. It shall be lawful for the comptroller to apply the moneys accruing for interest on the sales of lands in said city for unpaid taxes, assessments and water rents, or so much thereof as shall be required, to the account or fund designated " lands purchased for taxes and assessments," such moneys to be used for purchases by the corporation at such sales. Dedication of certain lands for markets. § 163. The lands in the ninth ward of that part of the corporation heretofore known as the mayor, aldermen and commonalty of the city of New York, bounded on the north by Bloomfield street, on the south by Gansevoort street, on the CHARTER OF NEW YORK CJTY. 59 east by West street and Tenth avenue, and on the west by Thirteenth avenue, being a portion of the lands heretofore set apart by law for use as a market place, are hereby dedicated to market purposes, and shall be used and occupied as such in the manner that may be designated and prescribed by the commissioners of the sinking fund, who shall have full power and authority in respect thereto. Said commissioners of the sinking fund may, in their discretion lease said lands to be used for public market purposes for such term of years, with such covenants, and for such annual rentals, as in their judgment shall be for the best interests of -the city, or may prepare the same for use as a public market. The block of ground in said ward bounded on the north by Little Twelfth street, on the south by Gansevoort street, on the east by Washington street, and on the west by West street and Tenth avenue, is hereby declared to be a public market place, and subject to the provi- sions of section two hundred and five of this act, shall be kept for the exclusive use of farmers and market gardeners. Any farmer or market gardener, or dealer in farm or garden produce, desiring to use such market, or the market in the borough of Brooklyn known as the Wallabout farmers* market, may present to the department of finance an affidavit, stating his name, residence, occupation and a general description of the commodities which he desires to sell in any such market, together with a request that a license be issued to him to use the same. On the filing of such affidavit and the payment of a nominal fee sufficient to defray the cost of issuing said license the department of finance, if satisfied that such applicant is a proper person, shall issue to him a license to use such market for a period not to exceed one year. Such licenses shall be numbered, and registered in the department of finance, and the department of finance shall issue to such licensee a metallic tag or plate, with the number of such license thereon. Such tag or plate shall be of convenient form and suitable design, approved by the department of finance. No person shall be permitted to use any such market except he be a holder of one of said licenses, and while using such roarket shall at all times cause to be conspicuously displayed the tag or plate containing the number of his license. The department of finance shall have sole charge and control of any such public market place and of the wagons employed in the business of selling farm and garden produce in said city, and shall have power to make suitable regulations concerning fees, the hours during which the said business shall be conducted, and the general management of the same. 60 LAWS OP NEW YORK. Comptroller's powers in Wallabout market. § 164. The department of finance of The City of New York shall have sole charge and control of the Wallabout market lands in the borough of Brooklyn and of the wagons employed in the business of selling farm and garden produce in and about said Wallabout market, and shall have power to make suitable regulations concerning fees, the hours during which the said business shall be conducted and the general management of the same. The portion of the said market commonly known as " farmers' square " shall be kept for the exclusive use of farmers and market gardeners. The comp- troller shall have and be vested with all the powers exercised by the commissioner of city works of the former city of Brooklyn, and shall have the sole power to lease any portion of the said market lands and renew existing leases on such terms and at such rentals as may be agreed upon between him and the lessees or holders, subject to the following provisions as to the rate of rent: In case the amount of rent for any renewal term of any lease be not agreed upon as aforesaid by the first day of January preceding the expiration of the previ- ous term, the same shall, if either the comptroller or the lessee or holder shall so elect, be fixed as now provided by law except that the rent may, in the discretion of the comptroller, be reduced. The rents for such renewal terms, whether agreed upon as above provided, or fixed as now provided by law, shall not be less than an amount equal to two-thirds of the rent of the preceding term, nor exceed an amount equal to the rent of the preceding term and one-third thereof in addition thereto. The comptroller may at any time, with the consent of the lessee or holder, vary or modify any of the provisions of any lease of such lands. The comptroller may also adjust and settle any claims and controversies in regard to rents and other matters that appertain to any lease both those which have here- tofore arisen and any which may hereafter arise during either the original term or any renewal or extension thereof as in his opinion justice may require. Renewals of existing leases shall be made according to the provisions thereof, unless, within thirty days after the passage of this amendment, written notice be given to the said comptroller by the lessee or holder of his election that the said lease and renewals thereof be subject to the provisions of this section. The comptroller may in his discretion allow such notice to be given after the expiration of such thirty days, but nothing herein contained shall inter- fere with the jurisdiction of the department of docks and fcr- OHARTEB OF NEW YORK OITY. 61 ries of The City of New York over the piers, bulkheads and water front in and around said Wallabout market lands, nor with the jurisdiction of the president of the borough of Brook- lyn over said Wallabout market lands, so far as concerns his powers over highways. TITLE 2. The Bonds and Obligations of the City. Corporate stock of The City of New York; how issued; provisions as to bonded indebtedness. § 169. All bonds issued by The City of New York on and after January first, eighteen hundred and ninety-eight, in pursu- ance of laws already passed or which may hereafter be passed, or in pursuance of the provisions of this act, except- ing assessment bonds and revenue bonds, shall be known as " corporate stock of The City of New York." For the redemption and payment of said corporate stock and the interest thereon, the faith and credit of The City of New York shall be and is hereby pledged. Such corporate stock shall be in such form as may be designated by the comp- troller, and shall be signed by the said comptroller and the mayor of The City of New York, and sealed with the common seal of The City of New York, and attested by the city clerk. Such corporate stock shall be in coupon form in sums not less than five hundred dollars each share, or shall be registered, and shall be conditioned to be paid in gold coin, or in the legal currency of the United States, at the option of the commis- sioners of the sinking fund and shall be made redeemable at a period of not less than ten, nor more than fifty years from the date thereof. Such corporate stock and all assess- ment bonds and revenue bonds, as well as all bonds hereafter to be issued by The City of New York by virtue of this act or of any other act, whether general or special, shall be free and exempt from all taxation, except for state .purposes. The interest on such corporate stock and on all other bonds of the corporation, except revenue bonds, shall not exceed four per centum per annum, and shall be made pay- able quarterly, or semi-annually, in The City of New York, or at such other place as may be fixed by the said comptroller at the time of issue of said stock or bonds; provided, however, that the interest on revenue bonds, issued in anticipation of the collection of taxes may be made payable at the date of the 62 LA.WS OF NEW YORK. maturity thereof. Such corporate stock may be authorized to be issued by the board of estimate and apportionment without the concurrence or approval of any other board or pubHc body for the following purposes and within the following limitations: i. For the purposes specified in section one hundred and seventy of this act; 2. For the purposes specified in section one hundred and seventy-four of this act; 3. For the purposes specified in section one hundred and seventy-six of this act; 4. For the purposes specified in sec- tion one hundred and eighty-four of this act; 5. For the pur- poses specified in section two hundred and thirty-five of thi'^ act; 6. For the purposes specified in section four hundred and twenty-two of this act; 7. For the purposes specified in section one hundred and seventy-eight of this act, to an amount not exceeding two million dollars in any one calen- dar year; 8. To pay the awards, costs, charges and expenses of acquiring title to lands required for public purposes and which have been or may hereafter be authorized by or pur- suant to law; 9. For constructing and equipping school buildings and acquiring sites therefor to an amount not exceeding three million five hundred thousand dollars in any one calendar year; 10. For the repaving of streets to an amount not exceeding tv/o million dollars in any one calendar year; 11. For the improvement of parks, parkways and drives to an amount not exceeding five hundred thousand dollars in any one calendar year. Corporate stock to be issued for purposes ether than those hereinbefore in this section specifically enumerated, or for such purposes in excess of the amounts therein specified, shall be authorized by the board of aldermen with the approval of the board of estimate and apportionment as provided by section forty-seven of this act ; provided, however, that wherever by existing provisions of law, the commissioners of the sinking fund may be specifically authorized to provide for the issue of stocks or bonds, said authorization of the comptroller shall be made by said commissioners instead of said board of esti- mate and apportionment; and that nothing in this section con- tained shall afifect the provisions of sections one hundred and eighty and two hundred and thirteen of this act. OHARiTER OF NEW YORK CITY. 63 Issue of stock or bonds by The City of New York to take the place of bonds authorized to be issued by laws enacted prior to January i, 1898. § 170. Whenever, and to the extent to which, It may be lawful for the municipal or public corporations or parts thereof, including the counties of Kings and Richmond, which by this act are made part of the corporation of The City of New York, to issue for public purposes bonds pur- suant to laws enacted prior to January first, eighteen hundred and ninety-eight, it shall be lawful for The City of New York, as hereby constituted, to issue corporate stock as herein provided for the same purposes; provided, however, that the amount so to be issued shall not in any one case exceed the balance remaining unissued of the amount Hmited to be issued pursuant to the authority of said laws. In simi- lar instances assessment bonds and revenue bonds of The City of New York, as hereby constituted, may likewise be so issued, subject to the same limitations as to the amount thereof. Bonds to be issued in sums of ten dollars or any multiple thereof. § 171. Whenever it shall be lawful to issue any bonds of The City of New York, as constituted by this act, the same, when issued in registered form, may be issued in denomina- tions of ten dollars or any multiple thereof. Preference shall, as far as practicable, and without pecuniary disadvantage to the said city of New York, be given to applicants for the smallest amounts and smallest denominations of said bonds in issuing the same. Registration of stocks and bonds. § 172. All stocks and bonds heretofore lawfully issued by any of the municipal or public corporations or parts thereof, which have heretofore been annexed to or consolidated with the corporation known as the mayor, aldermen and common- alty of the city of New York, or which by this act are made part of the corporation of The City of New York, as hereby constituted, including the counties of Kings and Richmond, for the payment of the principal and interest of which The City of New York is liable, may be registered and must be recorded by the owners thereof in the comptroller's office in said city, and shall be transferable at the pleasure of the holder, either in person or by attorney, only upon the books of the 64 LAWS OF KEW YORK. corporation in said office, and subject to such reasonable rules and regulations as the comptroller may prescribe ; such registry and transfer to be indorsed thereon by the comptroller. When- ever such stocks or bonds have been issued in coupon form, and whenever hereafter corporate stock of The City of New York may be so issued, it shall be the privilege of the holders thereof at any time, subject to such rules and regulations to convert the same into registered stock or bonds, and the comp- troller is hereby authorized to issue registered stock or bonds therefor ir the manner and form in which the same would have been conditioned if originally issued in registered form. The interest on all such stocks and bonds when so registered shall, as the same shall become due and payable, be paid in like manner as upon other registered stocks and bonds of The City of New York; and whenever any such stocks or bonds have coupons attached, the comptroller shall, upon registration thereof, have authority to detach all coupons therefrom, and shall thereupon indorse the fact of such registration, with a reference to this section. Fund for street and park openings. § 173. The fund heretofore established and accumulated in the treasury of the corporation known as the mayor, aldermen and commonalty of the city of New York, entitled the " fund for street and park openings," shall be continued in the cor- poration of The City of New York, as hereby constituted. The said fund for street and park openings shall consist of : 1. Whatever cash balance in said fund may upon January first, eighteen hundred and ninety-eight, be on deposit in the treasury of the corporation known as the mayor, aldermen and commonalty of the city of New York. 2. Whatever cash balances there may be on January first, eighteen hundred and ninety-eight, in the treasuries or stand- ing to the credit of the several municipal or public corpora- tions or parts thereof which by this act are made part of the corporation of The City of New York, and which said cash balances may be applicable to the payment of damages awarded by the commissioners of estimate and assessment in reports heretofore confirmed or hereafter to be confirmed in proceed- ings taken to open any street, road, avenue, boulevard, public square or place, park or parkway, or to acquire title to land required for any bridge, tunnel or approach thereto, and all the costs and expenses of such proceedings heretofore or here- after taxed. CHARTER OF NEW YORK CITY. 65 3. Such sums as may be raised by taxation in The City of New York, and the proceeds of such bonds as may be issued as by this act provided to meet the expense, in whole or in part, of any of the objects and purposes in the preceding sub- division of this section specified. 4. All moneys hereafter collected by The City of New York, as hereby constituted, for or on account of assessments made and confirmed and hereafter to be made and confirmed for opening any street, road, avenue, boulevard, public square or place, park or parkway, or for acquiring title to land required for any bridge, tunnel or approach thereto, wholly or partly within the limits of the several municipal or public corpora- tions or parts thereof, which by this act, are made part of the corporation of The City of New York, Damages, etc., to be paid from said fund. § 174. From the said fund for street and park openings, and not otherwise, shall be paid all damages awarded by the commissioners of estimate and assessment in reports hereafter or heretofore confirmed in proceedings taken to open any street, road, avenue, boulevard, public square or place, park or parkway, or to acquire title to land required for any bridge, tunnel, or approach thereto in The City of New York, as hereby constituted, and all the costs and expenses of such proceed- ings heretofore or hereafter taxed. The person or persons to whom awards shall be made in such proceedings, wherein reports are or have been confirmed, and the person or persons in whose favor f osts and expenses may be or have been taxed, shall not have an action at law against The City of New York for such awards, costs or expenses, but may require the offi- cers of said city to raise, as hereafter provided, the money necessary to enable the comptroller to pay such awards, costs and expenses from the said fund, and thereafter compel the payment of such damages, costs and expenses from such fund. Whenever the amount of the damages awarded in any report, together with the costs of the commissioners and the charges and expenses, shall exceed the balance remaining in said fund after deducting all outstanding claims against said balance, the comptroller is authorized to raise by the issue and sale of revenue bonds such amounts as shall be necessary to pay such damages, costs and expenses ; provided, however, that in each and every case in which by virtue of any existing statute or any statute hereafter enacted, or by virtue of any act or GG LAWS OF NEW YORK. resolution heretofore or hereafter adopted by any board or body pursuant to any statute, the whole or any portion of the awards made in any proceeding, and of the costs and expenses thereof, are payable out of the fund for street and park open- ings and are not to be assessed upon the property benefited, but are to be borne and paid by The City of New York, the board of estimate and apportionment may, in its discretion, direct that the amount so to be borne and paid by said city of New York shall be raised by the issue and sale of corporate stock of The City of New York, and the comptroller shall thereupon issue and sell said stock at such times and in such amounts as may be necessary, and shall pay the proceeds thereof into said fund for street and park open- ings. Replenishment of said fund. § 175. The corporation counsel shall furnish to the board of estimate and apportionment in each year, at the time of making the estimate for the ensuing year, a Hst of all reports confirmed for the twelve preceding months with a statement of the amount of awards and costs taxed in each proceeding. The comptroller shall at the same time furnish to the said board, statements of the amount of such awards and costs already paid, and of the amounts due for awards and costs payable- from the said fund and still unpaid, and of the amounts of revenue bonds then outstanding, issued in pur- suance of the last preceding section, and of the bal- ance in the treasury to the credit of the said fund. The board of aldermen and the said board shall there- upon include in the annual budget for the ensuing year a sum sufficient, with such balance, to pay all claims for the awards and costs in all proceedings in which reports shall have been prior to that time confirmed, and which awards shall not then have been paid, and also a sum sufficient to pay and discharge the revenue bonds then outstanding and issued in pursuance of the last preceding section. Payment of assessments imposed upon The City of New York. § 176. It shall be the duty of and lawful for the comptroller when thereto authorized by the board of estimate and apportionment to issue such amounts of the corporate stock of The City of New York as shall be necessary to provide the funds to enable said comp- CHARTER OF NEW YORK CITY. 67 troller to pay any and all assessments and expenses imposed, or that may hereafter be imposed directly or indirectly upon The City of New York, by reason of the laying out, opening, regulating and grading or improving any and all streets, roads, avenues, public parks, squares or places, or the construction of sewers, and out of the proceeds of said stock to pay such assessments and expenses. Disposition of moneys received from certain assessments. § 177. The moneys collected upon the assessments laid by the commissioners of estimate and assessment, appointed in pursuance of sections six hundred and seventy to six hun- dred and seventy-eight inclusive of chapter four hundred and ten of the laws of eighteen hundred and eighty-two, as amended, shall be applied toward the payment of the fund or stock authorized by section one hundred and forty of chapter four hundred and ten of the laws of eighteen hundred and eighty-two, or to the payment of said awards and ex- penses, if received before the issue of said fund or stock. Expenses relating to the water supply; how to be met. § 178. It shall be the duty of the comptroller, and he is hereby authorized and directed when thereto authorized by the board of estimate and apportionment, or when the amount to be issued in any one year exceeds the sum of two miUion dollars when thereunto authorized by the board of aldermen and the board of estimate and apportionment, on requisition of the commissioner of water supply, to raise, from time to time, on the issue of corporate stock of The City of New York, amounts of money sufficient to pay the sums which may be necessary from time to time to be paid for the acquisition of any real estate, or for the extinguishment of any right, title or interest therein to be acquired or extin- guished under the provisions of the laws relating to the supply of water to the city, together with all expenses necessarily incurred in surveying, locating and acquiring title to such real estate, or extinguishing claims, for damages thereto ; and also all such sums as, from time to time, may be found necessary for the construction of aqueducts, reservoirs, dams, sluices, canals and appurtenances and for the distribution of water by mains, pipes or other conduits; and all such payments shall be made by the comptroller on the certificate of the commissioner of water supply, gas and electricity. 68 LAWS OF NEW YORK. Bonds for drains. § 179. It shall be the duty of the comptraller, when thereto authorized by the board of estimate and apportionment, to issue assessment bonds in behalf of The City of New York, to an amount sufficient to raise the sum necessary to pay any damages that may from time to time be awarded to the owners of lands for the right of way required for drains and for the expense of plans and surveys and the fees of commis- sioners. The proceeds of such bonds shall be paid into the street improvement fund, from which fund payments as aforesaid shall be made, and assessments collected on account thereof shall be paid into said street improvement * Expenses of the department of docks and ferries; how met. § 180. The comptroller shall, from time to time, when authorized by the board of estimate and apportionment on the recommendation of the commissioners of the sink- ing fund, issue corporate stock of The City of New York in such amounts as they may deem the public interests to demand, but not exceeding five million dol- lars in any one calendar year for the purpose of raising the money necessary to carry out the provisions of title one of chapter sixteen of this act, relating to the department of docks and ferries, its powers and duties. In case the public interests demand the issue of such bonds to an amount exceed- ing the sum of five million dollars in any one calendar year, the approval and authority of the board of aldermen shall be obtained therefor in the manner provided for by sections forty-seven and forty-eight of this act. The moneys received from sales of such stocks shall be deposited in the treasury of the city and shall be drawn out and paid by the comptroller of said city for the several objects and purposes provided in said title, relating to the said department, its powers and duties, upon the requisition of the board of dockj; provided, however, that the commissioners of the sinking fund may specify from time to time in such detail as may seem to them proper the purposes to which the proceeds of the sale of such stock shall be applied, and it shall thereupon be unlawful for the board of docks to incur any liability or expense in excess of any appropriation thus made. The expenses and compensation of said board, its rents, the com- pensation of its appointees, the purchase money and damages awarded upon the acquisition of private property, the pay- * Ho in tbo ori;;iiial. CHARTER OF NEW YORK CITY. 69 ments under the contracts authorized in said title and for work performed under the same, and all other expenses and disbursements necessarily incurred in carrying out the said provisions of said title in keeping, maintaining, repairing, building and rebuilding the wharves belonging to the said corporation, in dredging and cleaning slips, shall be paid out of said moneys in the manner above provided. Assessment bonds. § i8i. It shall be lawful for the comptroller, when authorized by the board of estimate and apportionment to issue assessment bonds, at not less than par, for such periods as said comptroller may determine, not exceeding ten years, and bear- ing interest at a rate not exceeding four per centum per annum, to provide the means necessary to pay all expenses incurred or to be incurred on account of regulating and paving streets, building sewers, and all other work ordered to be done by con- tract, by virtue of ordinances which may be hereafter passed by the board of aldermen of The City of New York, the expense whereof is to be collected by assess- ment from the property benefited by said work or works, or on account of any local improvement or other public work heretofore made or performed, or that shall hereafter be made or performed under and by virtue of the authority of any law in all cases in which the said expense is to be paid in whole or in part by assessment upon the property benefited. No moneys shall be paid out of the proceeds of said bonds on account of any contract hereinbefore referred to, until a copy of said contract has been filed with the comptroller of said city by the president of a borough, the head of the department or board having such work in charge, and also a certificate in - writing from the president of a borough, head of such depart- ment or board, stating that a payment is due and the amount of such payment. On work contracted for subsequent to May seventh, eighteen hundred and seventy-two, or hereafter con- tracted for, no interest shall be charged on the monthly or other intermediate payments to any contractor, and thirty per centum, and no more, shall be reserved from the amount or value of work specified and certified from time to time to the comptroller of said city, by the proper officer, to have been done by any contractor; and such reserved thirty per centurh shall be paid to such contractor on or before the expiration of thirty days from the completion and acceptance of the work. 70 LAWS OF NEW YORK. The fund heretofore created by the corporation known as the mayor, aldermen and commonalty of the city of New York, known as the " street improvement fund," shall be continued, and into such fund shall be paid the proceeds of the sale of assessment bonds as by this section authorized, and of such bonds as may by other provisions of law be authorized to be issued for similar purposes within the territory of The City of New York, as hereby constituted, and for the payment of the expense of which the said city may, in the first instance, become liable, as well as the cash balances of assessments already collected, or to be hereafter collected, on account of similar contracts duly entered into by the proper authorities of the several municipal or public corporations, or parts thereof, which by this act are consolidated with the corporation known as the mayor, aldermen and commonalty of the city of New York. Proposals for bonds and stock hereafter issued or purchased. g 182. Whenever any bonds or stock shall be hereafter issued, other than revenue bonds, or such bonds and stocks. as may be purchased for investment by the commissioners of the sinking fund, the com.ptroller shall mvite proposals therefor by public advertisement, for not less than ten days, and shall award the same to the highest bidder or bidders therefor; provided, that no proposals for bonds or stocks shall be accepted for less than the par value of the same; and said proposals shrill only be publicly opened by the comptroller, in the presence of the com- missioners of the sinking fund, or such of them as shall attend. It shall be a condition of sale of such bonds and stocks, and the advertisement calling for proposals therefor shall so declare, that every bidder may be required to accept a portion of the whole amount thereof bid for by him at the same rate or pro- portional price as may be specified in his bid; and any bid which conflicts with this condition shall be rejected. Every bidder, as a condition precedent to the reception or considera- tion of his proposal, shall deposit with the comptroller a certi- fied check, drawn to the order of said comptroller upon one of the state or national banks of the said city, or a sum of money; such check or money to accompany the proposal to an amount to be fixed by the comptroller not exceeding two and one-half per centum of the amount of the proposal. Within three days after the decision as to who is or are the highest bidder or bidders, the comptroller shall return all deposits made to the CHARTER OF NEAV YORK CITY. 71 persons making the same, except the deposit made by the highest bidder or bidders, and if the said highest bidder or bidders shall refuse or neglect, within five days after service of written notice of the award to him or them, to pay to the city chamberlain the amount of the stocks or bonds awarded to him or them at their par value, together with the premium thereon, less the amount deposited by him or them, the amount or amounts of deposit thus made shall be forfeited to and retained by said city as liquidated damages for such neglect or refusal, and shall thereafter be paid into the sinking fund of The City of New York for the redemption of the city debt. Expenses of restoring street pavements; how met. § 183. The moneys which the comptroller is authorized to pay pursuant to the provisions of section three hundred and ninety-one of this act shall be obtained by him from time to time as may be necessary, by the sale of assessment bonds as provided by section one hundred and eighty-one of this act. The money collected pursuant to the provisions of said sec- tion three hundred and ninety-one shall be set apart, when collected, as a trust fund, and applied to the redemption of the principal and interest of said bonds. Redemption of certain bonds payable from collection of assessments. § 184. If at any time hereafter the amount in the treasury of the city derived from collections of assessments shall be in- sufficient to meet and pay, when they become due and payable, any bonds issued by The City of New York, as hereby consti- tuted, or any bonds heretofore issued by any of the municipal or public corporations or parts thereof hereby consolidated into The City of New York, for expenditures incurred on public im- provements, payable in whole or in part from assessments, then it shall be lawful for the comptroller, when thereto authorized bv the board of estimate and apportionment, to issue corporate stock of The City of New York for an amount sufficient to pay the bonds so falling due as aforesaid; or the comptroller may in his discretion, for such purpose, issue assessment bonds in the manner provided by section one hundred and eighty-one of this act. Deficiencies in collections of arrears of assessments; how met. § 185. The comptroller is hereby authorized to issue from time to time assessment bonds in the manner provided by sec- 72 LAWS OF NEW YORK. tion one hundred and eighty-one of this act, to provide such amounts as may be required to meet the deficiencies caused by delay in collecting arrears of assessments; the aggregate amount so issued not to exceed at any time the aggregate amount of said arrears then outstanding. Bonds for state taxes. § 1 86. For the purpose of enabling The City of New York to make payment of the quota of state taxes which may be im- posed upon, and chargeable to the said city and the counties wholly comprised therein, at the same time or times that other counties of this state are or may be re- quired to make payment by law, the comptroller is hereby authorized and required, unless the money for the payment of the same shall have been otherwise provided, to issue revenue bonds for such amounts as may from time to time become necessary to meet such quota of the state taxes, and from the proceeds thereof to pay to the state treasurer the amount of taxes which the comptroller of the state shall have apportioned according to law, and which may be required to be paid in pursuance of such apportionment to the state by The City of New York and said counties at such times. ' Revenue bonds of city; special funds. § 187. The comptroller is authorized to borrow, from time to time, on the credit of the corporation, in anticipation of its revenues, and not to exceed in amount the amount of such revenues, such sums as may be necessary to meet expenditures under the appi-opriations for each current year, including such amounts as are to be raised by The City of New York for county purposes. Such amounts shall be obtained by the issue of revenue bonds, which shall be re- deemed out of the proceeds of the tax levy in anticipation of the collection of which such bonds were issued. Whenever the comptroller may be authorized by the provisions of this act, or by laws heretofore or hereafter enacted, to issue reve- nue bonds for purposes other than to meet expenditures under the appropriations for each current year, such revenue bonds shall be redeemed out of the tax levy for the year next succeeding the year of their issue, and the necessary appropriation therefor shall be made by the board of aldermen and the board of estimate and apportion- ment in the budget for such year. Such last mentioned bonds CHARTER OF NEW YORK CITY. 73 may be designated and known as ''Special revenue bonds."" Cash balances of special funds in the treasuries or to the credit of the several municipal or public corporations or parts thereof, including the counties of Kings, Queens and Rich- mond, hereby consolidated with the mayor, aldermen and commonalty of The City of New York shall be transferred by the comptroller to like special funds of The City of New Y'ork, where such exist; and such special funds shall there- upon be liable for payments which would otherwise have been made out of the funds so transferred. Where no similar funds exist in the treasury or to the credit of The City of New York, such special fund shall be, so far as practicable, admin- istered in the same manner as they would have been admin- istered if this act had not been passed. Whenever it shall appear that the charges and liabilities of any such special fund exceed the available assets thereof, it shall be lawful for the board of estimate and apportionment, upon the written request of the comptroller, to authorize the issue of revenue bonds or assessment bonds or corporate stock of The City of New York, for the purpose of supplying such deficiency. Special revenue bonds. § 1 88. The comptroller is authorized to issue special rev- enue bonds to provide the means necessary to make payments for the following purposes : 1. The expenses necessarily incurred in condemning unsafe buildings as provided by section five hundred and eleven of chapter four hundred and ten of the laws of eighteen hundred and eighty-two. 2. Amounts audited by the board of estimate and apportion- ment pursuant to section two hundred and thirty-one of this act. 3. Such amounts as may be necessary to pay judgments recovered against the corporation; provided, however, that when such judgments shall have been recovered for county charges or liabilities of any of the counties included within the territorial limits of The City of New York, separate accounts shall be kept thereof. The corporation counsel shall, in all such cases, advise the comptroller as to the amount of such county liability and the county incurring the same, and it shall, thereupon, be the duty of the comptroller in making the certificate to the board of aldermen, required by section nine hundred and two of this act in respect to county charges, to include in the amounts chargeable against each of such counties the 74 LAWS OF NEW YORK. amounts of such judgments respectively paid on account thereof during the preceding calendar year. It shall also be the duty of the comptroller in estimating the revenues of the general fund for the reduction of taxation as required by section nine hundred of this act, to include the amounts which shall be respectively chargeable against each of such counties. 4. The amount appropriated in pursuance of section two hun- dred and thirty-six of this act in those cases in which the appro- priations are made after the final passage of the annual appro- priation and the certification to the board of aldermen of the amount to be raised. 5. The amount necessary to defray the expense of supplying water meters as authorized by section four hundred and seventy- five of this act. 6. To provide for deficiencies in the fund for street and park openings as provided in section one hundred and seventy- four of this act. 7. To provide for the payment of claims, charges, expenses and appropriations which have been or may be lawfully pay- able by The City of New York, as hereby constituted, and th i several counties wholly included within its limits, and for which no other provision for payment has been made. Sepa- rate accounts shall be kept of the bonds issued and payments made on account of county charges and expenses, and the comptroller shall similarly certify the amounts thereof to be raised by tax in the respective counties and to be included in the general fund for the reduction of taxation as provided by subdivision three of this section in the case of judgments. 8. To provide for the payment of expenses authorized by the concurrent vote of all the members of the board of estimate and apportionment upon a resolution requesting such au- thorization, adopted by the affirmative vote of three-fourths of all the members of the board of aldermen; provided, how- ever, that the amount thus issued shall not in any one year exceed one million dollars. 9. To meet and pay the expenses incurred pursuant to the provisions of sections eleven hundred and seventy-seven and eleven hundred and seventy-eight of this act. CHARTEli OF NEW YORK CITY. 75 TITLE 3. TJie Chamberlain, How appointed; bond. § 194. The chamberlain shall be appointed in the same manner as heads of departments. He shall, within ten days after receiving notice of his appointment and before he enters upon his office, give a bond to the people of the state of New York in the sum of three hun- dred thousand dollars, with not less than four sufficient sure- ties to be approved by the comptroller, conditioned that he will faithfully discharge the duties of his office and all trusts imposed on him by law in virtue of his office. Such bond shall be deemed to extend to the faithful execution of the duties of the office until a new appointment shall be made and confirmed, and the person so appointed enters upon the performance of his duties. In case of any official miscon- duct or default on the part of such chamberlain, or his sub- ordinates, an action upon such bond may be begun and pros- ecuted to judgment by the attorney-general, or by the city, which shall, after first paying therefrom the expenses of the litigation, cause the proceeds of such judgment to be distrib- uted as shall be lawful and equitable among the persons and objects injured or defrauded by such official misconduct or default of said chamberlain, or any of his subordinates. Duties: accounts of to be examined by commissioners of accounts. § 195. Said chamberlain shall exhibit to the board of aldermen, at its first meeting in the month succeeding that in which he enters upon the execution of his office, an exact statement of the balance in the treasury to the credit of the city, with a summary of the receipts and payments of the treasury during the preceding year, and since the last preceding report required by law, if more than a year shall have elapsed since such report. He shall receive all moneys which shall from time to time be paid into the treasury of the city. He shall deposit all moneys which shall come into his hands on account of the city on the day of the receipt thereof, or on the business day next succeeding, in such banks and trust companies as shall have been designated as deposit banks in pursuance of the next section; but no amount shall be on deposit at any one time in any one bank or trust company exceeding one-half of the amount of the capital and net- surplus of such bank or trust 76 LAWS OF NEW YORK. company. The money so deposited shall be placed to the account of the chamberlain, and he shall keep a bank book, in which shall be entered his accounts of deposit in, and moneys drawn from the banks and trust companies in which the deposits shall be made. The said banks and trust companies shall, respectively, transmit to the comptroller a weekly state- ment of the moneys which shall be received and paid by them on account of the city treasury. The chamberlain shall pay all warrants drawn on the treasury by the comptroller and countersigned by the mayor, or the chief clerk of the mayor when empowered by the mayor in writing so to do, and no moneys shall be paid out of the treasury except on the warrant of the comptroller so countersigned. No such warrant shall be signed by the comptroller or countersigned by the mayor, except upon vouchers for the expenditure of the amount named therein, examined and allowed by an auditor of accounts, approved by the comptroller and filed in the department of finance, except in the case of judgments, in which case a tran- script thereof shall be filed, nor except such warrant shall be authorized by law or by ordinance, and shall refer to the law or ordinance, and to the appropriation under and from which it is drawn. The chamberlain shall not draw any moneys of the city treasury from said banks or trust companies unless by checks subjoined and attached to such warrants and sub- scribed by him as chamberlain, and no moneys shall be paid by either of the said banks or ti-ust companies on account of the treasury except upon such checks ; provided, however, thai this provision shall not apply to transfer checks transferring funds from one city depository to another. The chamberlain shall exhibit his bank book to the comptroller on the first Tues- day of every month, and oftener when required. The accounts of the cliamberlain shall be annually closed on the last day of December and shall be examined in the month of January in each year by the commissioners of accounts. Such com- missioners shall examine the accounts and vouchers of all moneys received into and paid out of the city treasury during the 3^ear ending on the last day of December next preceding such examination, and shall certify and report to the mayor and board of aldermen in the following month of February the amount of moneys received into the treasury during such year, the amount of moneys paid out during the same period by virtue of warrants drawn on the treasury by the comptroller, the amount -of moneys received by the chamberlain who shall be in office at the time of CHARTER OF NEW YORK CITY. 77 such examination, if he entered upon the execution of his duties since the last preceding report, the balance in the treasury on the last day of December preceding such examination, the amount of moneys borrowed for or on the credit of the city during such year and the amount of the bonds of the city issued during such year, with the purposes for which and the authority under which such bonds were issued. Such commissioners shall also compare the warrants drawn by the comptroller on the treasury during the year end- ing on the last day of December preceding such exam- ination, with the several laws and ordinances under which the same shall purport to have been drawn, and shall in like manner certify and report whether the comptroller had power to draw such warrants; and if any shall be found which, in their opinion, he had no power to draw, they shall specify the same in their report, with their reasons for such opinion. Public moneys; where to be deposited; salary of chamberlain. § 196. The said chamberlain and mayor and comptroller shall, by a majority vote, by written notice to the comptroller, designate the banks or trust companies in which all moneys of The City of New York shall be deposited, and may, by like notice in writing, from time to time change the banks and trust companies thus designated ; but no such bank or trust company shall be designated unless its officers shall agree to pay into the city treasury interest on the daily balances at a rate to be fixed by the mayor and chamberlain and the said comptroller of The City of New York, by a majority vote, which rate shall be so fixed quarterly, on the first days of February, May, August and November in each year, according to the current rate of interest upon like balances deposited in banks and trust companies in The City of New York by private persons and corporations. The said chamberlain shall keep books showing the receipts of moneys from all sources, and designating the sources of the same, and also showing the amounts paid from time to time on account of the several appropriations, and no warrants shall be paid on account of any appropriation after the amount authorized to be raised for that specific purpose shall have been expended. The said chamberlain shall once in each week report in writing to the mayor and to the comptroller all moneys received by him, the amount of all warrants paid by him since his last report, and the amount remaining to the credit of the city. The chamberlain shall receive the sum of twelve thousand dollars annually, and no more, for his services 78 LAWS OF NEW YORK. as chamberlain of said city, and as county treasurer of the county of New York, in Heu of all salary and of all interest, fees, commissions and emoluments; and all such interest, fees, commissions and emoluments shall be accounted for and paid over by him to the city treasury, except that the commissions or compensation provided by law, and received by him for receiving and paying over the state taxes, and all interest which accrue on deposits shall be paid by him to the commissioners of the sinking fund. He may appoint and remove at pleasure, deputy chamberlains, and such clerks and assistants as may be necessary, whose salaries, together with all the expenses of his office, shall be paid by The City of New York when fixed by the board of aldermen on the recommendation of the board of estimate and apportionment. Certain sections of code of civil procedure respecting moneys paid into court applicable. § 197. Each provision of title three of chapter eight of the code of civil procedure, relating to a county treasurer, appHes to the chamberlain, with respect to money paid into court, in an action triable in The City of New York, as hereby constituted, or with respect to money, or a bond, mortgage, or other security, or public stock, representing money paid into court, except where special provision, with respect to the same, is otherwise made by law, and the chamberlain shall perform all the duties prescribed by said provision of law in the counties of New York, Kings, Queens and Richmond. Fees. § 198. The chamberlain is entitled, for the services specified in this section, to collect for, and on behalf of the city the following fees : For receiving money paid into the court, one- half of one per centum upon the sum so received. For paying out the same, one-half of one per centum upon the sum so paid out. For investing money, pursuant to the direction of the court, one-half of one per centum upon the sum invested, not exceeding two hundred dollars, and one-quarter of one per centum upon the excess over two hundred dollars. For receiv- ing the interest upon an investment, and paying the same to the person entitled thereto, one-half of one per centum upon the interest so received and paid. All of said fees when col- lected by said chamberlain shall be paid by him into the city treasury, as provided in section one hundred and ninety-six of this act. CHARTER OF NEW YORK CITY. 79 TITLE 4. The Sinking Fund, Commissioners of the sinking fund; how constituted. § 204. There shall be a board of commissioners of the sink- ing fund composed of the mayor, comptroller, chamberlain, president of the board of aldermen and chairman of the finance committee of the board of aldermen, with all the powers and duties now assigned, designated and reposed by law or ordinance in the commissioners of the sinking fund of The City of New York, as heretofore constituted, of the city of Brooklyn and of Long Island City, or the officers entrusted with similar powers and duties in any of the municipal or public corporations or parts thereof, including the counties of Kings and Richmond, hereby consolidated with the mayor, aldermen and commonalty of the city of New York, except as otherwise provided by this act. The said board shall admin- ister each of the said several sinking funds, and perform, carry out and exercise the several trusts, powers, obligations and duties relating thereto, in the same manner as the same would have been administered, performed, carried out and exercised if this act had not been passed, except as otherwise provided in this act. The assets and accounts of each of said sinking funds shall, except as hereinafter otherwise provided, be kept separate and distinct, and the same shall in all respects be administered as independent trusts, subject to and governed by the several provisions of law or ordinance heretofore relat- ing thereto, with the intent and purpose of preserving inviolate the rights of holders of bonds and stocks heretofore issued by any of the municipal and public corporations or parts thereof hereby made of The City of New York, including the counties of Kings and Richmond. Powers. § 205. The said board shall, except as in this act other- wise specifically provided, have power to sell or lease for the highest marketable price or rental at public auction or by sealed bids, and always after public advertisement for a period of at least fifteen days in the City Record, and after appraisal under the direction of said board made within three months of the date of sale, any city property except parks, wharves and piers and land under water, but no such lease shall run for a term longer than ten years nor a renewal for a longer period than 80 LAWS OiF NEW YORK. ten years. If such property be market property it shall be sold only pursuant to a resolution adopted by an unanniious vote of the commissioners of the sinking fund, concurred in by the board of aldermen. The commissioners of the sinking fund shall have power to assign to use for any public purposes any city property, for whatsoever purpose originally acquired, which may be found by the depart- ment having control thereof to be no longer required for such purpose. The proceeds of said sale or leasing shall on receipt thereof, after paying necessary charges, be im- mediately paid to the credit of the sinking fund for the redemption of the city debt. Said commission- ers of the sinking fund shall have power, by unanim- ous vote, to settle and adjust by mutual conveyances or otherwise, and upon such terms and conditions as may seem to them proper, disputes existing between the city and private owners of property, in respect to boundary lines, and to release such interests of the city in real estate as the corporation counsel shall certify in writing to be mere clouds upon titles of private owners, in such manner and upon such terms and conditions as in their judgment shall seem proper. The provisions of existing laws or ordinances relative to the investment of moneys and assets of the several sinking funds hereby made subject to the control of the commissioners of the sinking fund, as hereby constituted, in bonds, stocks or obligations of the municipal or public corporations or parts thereof hereby consolidated into The City of New York, including the counties of Kings and Richmond, shall here- after apply to investment thereof in the bonds and stock of the corporation of The City of New York, issued on and after January first, eighteen hundred and ninety-eight, pro- vided, however, that such bonds or stocks shall not there- upon or thereafter be cancelled, except as herein otherwise specifically provided, but the same shall upon their matu- rity be paid off, hquidated or discharged in the same manner as they would be if held by private creditors. It shall be lawful for the commissioners of the sinking fund in their discretion, and they are hereby empowered in such discretion, to cancel from time to time, but not before maturity, bonds and stocks of any of the municipal and public corpora- tions or parts thereof forming part of the corporation of The City of New York, as hereby constituted, and of the counties of Kings and Richmond, which may be held by any of said sinking funds on December thirty-first, eighteen hundred and OHAHTER OF NEW YORK CITY. 81 ninety-seven, providing said bonds and stocks are by law redeemable from the sinking funds in which the same are held. It shall also be lawful for the commissioners of the sinking fund in their discretion, and they are hereby empowered in such discretion, to cancel from time to time, but not before maturity, any portion of the indebted- ness of The City of New York, as hereby constituted, incurred on or after January first, eighteen hundred and ninety-eight, which may be held by them in the ''sinking fund of The City of New York,'* as hereinafter constituted, and which may by law be redeemable from said sinking fund as herein or elsewhere provided, and all such similar indebtedness in- curred to provide for the supply of water, which may be held by them and redeemable from "the water sinking fund of The City of New York" as hereinafter constituted. The funds to be known as the ''sinking fund of The City of New York" and the "water sinking fund of The City of New York," as hereinafter constituted, shall be administered by the commissioners of the sinking fund, in like manner as provided by the ordinance of the mayor, aldermen and commonalty of the city of New York, approved by the mayor, February twenty-second, eighteen hundred and forty-four, so far as the same may be applicable; provided, however, that nothing contained in said ordinance shall affect or alter the composition of the board of commissioners of the sinking fund, as by this act constituted. The commissioners of the sinking fund may by resolution assign the places where the several municipal courts shall be held within their respective districts and may assign such place in said city as may to it seem most conducive to the public convenience, for the holding of the courts of general and special sessions, and, upon the application of the board of city magistrates, may designate additional places for the holding of magistrates' or police courts and jail delivery to be held in and for the city; notice of any change of the places of holding such courts shall, before the same takes effect, be published in the City Record and the corporation newspapers, for a period of not less than two weeks. Said publication shall be made under the direction of the comptroller. The commissioners of the sinking fund may by resokition designate from time to time any building or buildings within the city to be the common jails of said city or of any of the counties contained within its territorial limits for all the purposes for which common jails may by law be used, and such building or buildings so designated shall be such 82 LAWS OF NEW YORK. common jails until changed by a like resolution of the commis- sioners of the sinking fund. The sinking fund commis- sioners of The City of New York shall not have the power in any event to compromise or release any existing liability or obligation to The City of New York or to the mayor, aldermen and commonalty of the city of New York, or to any of the municipalities or parts of municipalities consolidated with the former city of New York, under the provisions of chapter six hundred and forty-two of the laws of eighteen hundred and eighty-six or under chapter four hundred and thirty-four of the laws of eighteen hundred and ninety-three; but such lia- bilities and obligations shall be and remain inviolable. The sinking fund of The City of New York. § 206. There shall be created a fund to be known as the ''sinking fund of The City of New York," which shall have for its purposes the liquidation of the principal of the debt of the corporation of The City of New York incurred on or after January first, eighteen hundred and ninety-eight, as to which no provision for the payment thereof otherwise than from tax- ation is made, and excepting revenue bonds and bonds issued to provide for the supply of water. For the redemption of such debt out of said sinking fund there shall be annually included in the budget and paid into the sinking fund of The City of New York herein created, an amount to be esti- mated and certified by the comptroller, and to be by the board of aldermen and the board of estimate and apportionment inserted in the budget for each year, which with the accumulations of interest thereon shall be sufificient to meet and discharge such bonds or stocks by the time the same shall be payable ; provided, however, that there shall be deducted from said amount, the amounts annually re- ceived from the operation of any rapid transit railroad or railroads for the construction of which bonds shall have been issued pursuant to the provisions of the rapid transit act applicable to The City of New York or any munic- ipal corporation or territory embraced therein. When- ever the bonds and stocks outstanding on December thirty- first, eighteen hundred and ninety-seven, and being charges or liens on any of the sinking funds hereby made subject to the control of the commissioners of the sinking fund, shall in respect to any such sinking fund be wholly discharged, liqui- dated or canceled, it shall thereupon be lawful for the commis- sioners of the sinking fund to cancel such bonds of the corpora- CHARTER OF NEW YORK CITY. 83 tion of The City of New York issued on or after January first, eighteen hundred and ninety-eight, as may be held by such sink- ing fund, and the revenues of such sinking fund when thus re- heved of such Hens or charges shall thereupon and thereafter be paid into the sinking fund of The City of New York, as herein created. Whenever such payments shall be made, the comptroller in making the certificate to the board of estimate and appor- tionment by this section required shall take into account the amount thereof, and deduct the same from the estimated amount to be included in each year's budget as herein provided. Sinking funds for redemption purposes to be continued. § 207. The fund known as ''the sinking fund of The City of New York for the redemption of the city debt," and the fund known as the sinking fund of the city of Brooklyn," and the like funds of each and every of the municipal or public corpo- rations or parts thereof by this act consoUdated with the corporation known as '* the mayor, aldermen and common- alty of the city of New York," including the counties of Kings and Richmond, shall be continued, and the funds, moneys, revenues and assets heretofore pledged and appro- priated to each of said funds shall continue to be and the same are hereby pledged and appropriated thereto severally and respectively in the same manner as though this act had not been passed, until such time as the bonds, stocks and obligations outstanding on December thirty-first, eighteen hundred and ninety-seven, and redeemable therefrom, shall have been respectively canceled, liquidated, discharged and redeemed. Wherever, by existing laws or ordinances, the duty is imposed upon boards or officers of the several munici- pal or public corporations or parts thereof hereby consoli- dated with the mayor, aldermen and commonalty of the city of New York, including the counties of Kings and Rich- mond, to raise by taxation, annually or otherwise, amounts of money for sinking fund purposes, or for the redemption of or payment of interest on bonded indebtedness, for which The City of New York as hereby constituted, is by this act made liable, it shall be the duty of the proper officers of the said The City of New York in like manner to raise such amounts by taxation upon the estates, real and personal, sub- ject to taxation in said city. 84 LAWS OF NEW YORK. Sinking funds created pursuant to constitutional requirements; water sinking fund of The City of New York. § 208. There shall be created a fund to be known as the "water sinking fund of The City of New York," which shall have for its purpose the liquidation of the principal of the debt incurred by The City of New York, as hereby constituted, on and after January first, eighteen hundred and ninety-eight, for the supply of water. The funds known as the " sinking fund number two of The City of New York," the " water sinking fund of the city of Brooklyn," and the sinking funds of each and^every municipal and public cor- poration or part thereof hereby made part of the corporation of The City of New York, including the counties of Kings and Richmond, created pursuant to the requirements of the con- stitutional amendment adopted November fourth, eighteen hun- dred and eighty-four, or of section ten of article eight of the constitution of the state of New York, shall be continued, and the funds, moneys, revenues and assets heretofore pledged and appropriated to each of said funds shall, except as herein otherwise specifically provided, con- tinue to be severally and respectively so pledged and appropri- ated. It shall, however, be the duty of the comptroller of The City of New York, as soon as practicable after the passage of this act, to cause an examination to be made as to the condition of said funds, and if it appears to him, and he shall so certify to the commissioners of the sinking fund, that said funds or any of them have been managed, invested and admin- istered in the manner required by the provisions of the consti- tution of the state of New York as aforesaid, it shall be lawful for the said commissioners of the sinking fund, by concurrent vote, to authorize and direct the amalgamation of said fund or funds with the water sinking fund of The City of New York, as hereby constituted. Sinking funds for the payment of interest. § 209. The fund known as the ''sinking fund of The City of New York for the payment of the interest accruing and to accrue upon the stocks of said city until the same be fully and finally redeemed," shall be continued, and after providing for the interest on the bonds and stocks now payable therefrom as provided by law, shall form a fund which shall be transferred to the "sinking fund of The City of New York for the redemp- tion of the city debt ; provided, however, that nothing herein CHARTER OF NEW YORK CITY. 85 contained shall authorize the payment from said fund of any interest which may accrue on bonds to be issued by the corpo- ration of The City of New York, as hereby constituted, after January first, eighteen hundred and ninety-eight. Like funds in any of the municipal or public corporations or parts thereof which by this act are made part of the corporation of The City of New York, as hereby constituted, including the coun- ties of Kings and Richmond, shall likewise be continued, and any surplus that may remain therein after fully satisfying all claims, liens or charges that may exist against such funds pur- suant to law or ordinance shall, unless otherwise provided by law, be transferred to the " sinking fund of The City of New York," as herein constituted. Disposition of certain moneys received for local improvements. § 210. All moneys now in the treasury of the corporation known as the mayor, aldermen and commonalty of the city of New York heretofore collected and received in payment or on account of assessments made and confirmed for local improve- ments in said city, and all moneys which shall hereafter be collected and received in payment or on account of assessments made and confirmed, or which may be made and confirmed, for local improvements in said city completed prior to June third, eighteen hundred and seventy-eight, shall be paid into the sinking fund for the redemption of the city debt, and the same is hereby, in addition to the revenues and moneys afore- said, pledged and appropriated to said sinking fund for the payment of the bonds and stocks of said city, to be paid and redeemed therefrom as herein provided. Funds and revenues pledged to redemption of city debt. §211. Between the city and its creditors, holders of its bonds and stocks as aforesaid, including the bonds and stocks of the municipal or public corporations or parts thereof con- solidated with the corporation known as the mayor, aldermen and commonalty of the city of New York, as well as those of the latter corporation and of the counties of Kings and Rich- mond, there shall be and there is hereby declared to be a con- tract that the funds and revenues of the city, including all the corporations last stated and said counties of Kings and Rich- mond, and the funds to be collected from assessments pursuant to any law by this chapter pledged to the sinking fund for the redemption of the city debt, shall be accumulated and applied 86 LAWS OF NEW YORK. only to the purposes of the said several sinking funds as pre- scribed by law, until all of said debt redeemable therefrom is fully redeemed and paid as herein provided. Sinking fund for the redemption of the city debt not to be alienated or impaired. § 212. Nothing in this chapter contained shall be held to require or authorize the commissioners of the sinking fund to use or apply any part or portion of the accumulations in said sinking fund for the redemption of the city debt or the rev- enues of said fund in any manner whatever, whereby the security of said fund for the payment of the bonds and stocks of the corporation known as the mayor, aldermen and com- monalty of the city of New York, for which said fund is now pledged by law, and which are a charge on said fund, shall be alienated or impaired, and the said bonds and stocks so secured by law are hereby declared to constitute a preferred charge on said sinking fund until the same are fully and finally paid and redeemed. Commissioners may call in bonded debt; consolidated stock of The City of New York; lien of, on sinking fund for the redemption of the city debt. § 213. The commissioners of the sinking fund are hereby authorized and empowered to call in, pay, and redeem any por- tion of the bonded debt constituting a charge upon the treasury of The City of New York, as constituted by this act, other than revenue bonds, issued in anticipation of the collection of taxes, when they may deem it to be advantageous for the inter- est of the city so to do, and for this purpose the said commissioners of the sinking fund, are hereby em- powered by a concurrent vote, and subject to the approval of the board of estimate and apportionment, to authorize and direct the comptroller to issue and sell or exchange therefor at not less than par, corporate stock of said city, in the manner herein provided ; and upon the payment and redemption of any portion of said bonded debt, the certificates thereof shall be canceled by said commissioners of the sinking fund. The " consolidated stock " of the mayor, aldermen and com- monalty of the city of New York, issued pursuant to the provisions of section one hundred and seventy-six of chapter four hundred and ten, of the laws of eighteen hundred and eighty-two, after fully providing for the CHAKTER OF NEW YORK CITY. 87 preferred bonds and stocks of said city, as in the preceding section specified, shall form a charge upon the said " sinking fund for the redemption of the city debt," and any part of the bonded debt of said corporation falling due and not exchanged for or redeemed from the proceeds of said consolidated stock as in said section provided, may be paid from said sinking fund for the redemption of the said city debt, provided such payment shall not in any way impair the preferred claims thereon as in the preceding section specified, and provided also, the commis- sioners of the sinking fund shall deem it to be for the best interests of the city that such payment shall be so made. Preferred bonds and stocks to be paid from the sinking fund for the redemption of the city debt. § 214. From the said sinking fund for the redemption of the city debt shall be paid and redeemed all preferred bonds and stocks of the mayor, aldermen and commonalty of the city of New York, as by this title authorized. Disposition of certain assessments for local improvements. § 215. The assessments made for local improvements prior to the ninth day of June, eighteen hundred and eighty, by the corporation known as the mayor, aldermen and com- monalty of the city of New York, including assessments for improvements contracted for or authorized by said corpora- tion, prior to said date, shall, when collected, be paid over to the commissioners of the sinking fund, and applied by them in accordance with law. Alteration of rates prohibited: the general fund. § 216. It shall not be lawful for The Gity of New York to make or cause to be made, any alteration of rates or charges affecting any item or source of the revenues of any of the sinking funds of said city, or of the general fund which may tend to a diminution of the receipts from such source of rev- enue, or either of them, except that it shall be lawful for The City of New York to exempt places of public worship from the payment of any fee for the construction of vaults under the sidewalk or in front thereof, and all the revenues of said corporation not by law otherwise specifically appro- priated, shall, when received into the city treasury, be credited to the general fund; except such proceeds of policies of in- surance as shall be authorized by the board of estimate and 88 LAWS OF NEW YORK. apportionment to be applied to repair, replace or reconstruct any public property injured or destroyed and covered by such .insurance. Applications for leases for public purposes; statement by comptroller. § 217. All applications to lease any real estate for the purposes of The City of New York, or any of the counties contained within its territorial hmits, including the premises required in accordance with law, for armories and drill rooms and places of deposit for the safe keeping of arms, uniforms, equipments, accoutrements and camp equipage of the national guard, must be presented to and passed upon by the commis- sioners of the sinking fund of said city. It shall be the duty of the comptroller, after due inquiry to be made by him, to present to the said commissioners a statement, in writing, of the facts relating to any real estate proposed to be leased, the purposes for which such lease is required by the city, with his opinion, and the reasons therefor, as to the fair and reasonable rent of said premises. The said commissioners upon such report, and upon such further inquiry as they, in their discre- tion, may make, may auth<5rize a lease of such premises as shall be specified in their resolution, at the rent therein set forth, for a period not exceeding five years, except that a lease for an entire building intended to provide accommodations for more than one department of the city, may be made for a period not to exceed twenty-one years ; but such lease shall not be authorized except at a fair and reasonable rent, and unless the commissioners are satisfied, and shall so express, that it would be for the interests of the city that a lease of the prem- ises for the purposes specified should be made. Without the consent of the said commissioners, the premises leased shall not be used during the period of the lease for purposes other than specified in said resolution. If the city shall, prior to the making of the lease, have entered upon the possession of the property, the lease may be made to commence as of the date when the occupation commenced. Cession of certain lands to federal governn»;ent to improve Harlem river. § 218. The commissioners of the sinking fund, or the board of aldermen, are authorized to cede, grant and convey to the United States, upon such terms, and for such considera- tion as may be agreed upon by and between said commission- CHARTER OF NEW YORK CITY. 89 ers of the sinking fund, or said board of aldermen and the United States, all the estate, right, title and interest of The City of New York in and to any part of the land required for the channel to connect the waters of the Harlem river with the Hudson river, in accordance with the plans for the improvement of the Harlem river, prepared under the direction of the secretary of war. Whenever any part of said land shall have been ceded by said commissioners of the sinking fund, or said board of aldermen, pursuant to the authority hereby given, it shall be the duty of said commissioners of the sinking fund, or a majority of them, to give a certificate under their hands, that the same has been ceded, pursuant to the provisions of this section ; and upon the production of such certificate, and upon proof of due compliance, on the part of the United States, with the terms of cession, it shall be the duty of the mayor and the city clerk, in the name and on behalf of The City of New York, to execute a proper conveyance of such lands under their hands and the seal of said city. Certain duties of commissioners relative to docks, piers, etc. § 219. The commissioners of the sinking fund shall per- form the duties and possess the powers with reference to docks, piers and slips, stated in chapter sixteen of this act. Sale of public lands at auction. § 220. The commissioners of the sinking fund are author- ized, upon the application of the board of education duly authorized and certified, to sell at public auction at such times and on such terms as they may deem most advanta- geous for the public interest, any land or lands and the build- ings thereon, owned by The City of New York, occupied or reserved for school purposes, and no longer required there- for, provided, however, that no property shall be disposed of for a less sum than the same may be appraised by the commissioners of the sinking fund, or a majority of them, at a meeting to be held and on an appraisement made within two months prior to the date of the sale; and at least thirty days' notice of such sale, including a description of the prop- erty to be sold, shall be published in the City Record. The money received in payment for the said lands and buildings shall be paid into the sinking fund for the redemption of the city debt, if the property thus sold was acquired prior to 90 LAWS OF NEW YORK. January first, eighteen hundred and ninety-eight, and if acquired subsequent thereto, into the sinking fund of The City of New York. Sales of city's interest in tax sale certificates acquired by the former city of Brooklyn, etc. § 221. The commissioners of the sinking fund are author- ized, upon the written apphcation of the comptroller .of The City of New York, to sell at public auction at such times and on such terms as they may deem most advantageous for the public interest, but after due appraisement, all the city's right, title and interest in certain tax sale certificates of lands and premises purchased by the former city of Brooklyn at sales for arrears of taxes held under and pursuant to an act entitled " An act concerning the settlement and collection of arrearages of unpaid taxes, assessments and water rates of the city of Brooklyn, and imposing and levying a tax, assessment and lien in lieu and instead of such arrearages and to enforce the pay- ment thereof," passed March sixteenth, eighteen hundred and eighty-three, and the several acts amendatory thereof. Notice of such sale shall be published in the City Record for at least thirty days prior to the date of sale, and said notice shall designate the number of the certificate, the ward in which said lands are situated, the block and lot number by which the same are designated or known on the assessment m.ap of such ward. Upon the payment of the amount bid at such sale the commissioners of the sinking fund shall authorize the comptroller to execute an assignment of said certificate, but no assignment of any certificate given under the provisions of this section shall become operative or have any efTect until the same shall have been presented by the purchaser or his representative to the deputy collector of assess- ments and arrears in the borough of Brooklyn, and a memoran- dum thereof entered on the record of sales, and a minute of such entry indorsed on such assignment, and every such assign- ment shall have priority according to the date such entry and minute are made and indorsed. The proceeds of said sale shall, on receipt thereof, after paying necessary charges, be immediately paid into the city treasury to the credit of the general fund. CHARiTER OF NEW YORK CITY. 91 TITLE 5 'Appropriations and the Board of Estimate and Apportionment. How constituted; duties; the annual budget. § 226. The mayor, comptroller, president of the board of aldermen, and the presidents of the boroughs of Manhattan, Brooklyn, The Bronx, Queens and Rich- mond shall constitute the board of esfimate and ap- portionment. Except as otherwise specifically provided, every act of the board of estimate and apportionment shall be by resolution adopted by a majority of the whole number of votes authorized by this section to be cast by said board. The mayor, comptroller and the president of the board of aldermen shall each be entitled to cast three votes; the presidents of the boroughs of Manhattan and Brooklyn shall each be entitled to cast two votes; and the presidents of the boroughs of The Bronx, Queens and Richmond shall each be entitled to cast one vote. A quorum of said board shall consist of a sufficient number of the members thereof to cast nine votes, of whom at least two of the members hereby authorized to cast three votes each shall be present. No resolution or amendment of any resolution shall be passed at the same meeting at which it is originally presented unless twelve votes shall be cast for its adoption. The first meeting of said board in every year shall be called by notice from the mayor, personally served upon the members of said board. Subsequent meetings shall be called as the said board shall direct, and at such meetings the mayor shall preside. The said board shall annually, between the first day of October and the first day of November meet, and make a budget of the amounts estimated to be required to pay the expenses of conducting the pub- lic business of The City of New York, as consti- tuted by" this act and of the counties of New York, Kings. Queens and Richmond for the then next ensuing year. Such budget shall be prepared in such detail as to the titles of appro- priations, the terms and conditions, not inconsistent with law, under which the same may be expended, the aggregate sum and the items thereof allowed to each department, bureau, office, board or commission, as the said board of estimate and apportionment shall deem advisable. In order to enable said board to make such budget, the presidents of the several bor- oughs, the heads of departments, bureaus, offices, boards and commissioners shall, not later than September tenth, 92 LAWS OF NEW YORK. send to the board of estimate and apportionment an estimate in writing, herein called a departmental estimate, of the amount of expenditure, specifying in detail the objects thereof, required in their respective departments, bureaus, offices, boards, and commissions, including a statement of each of the salaries of their officers, clerks, employes and subordinates. Duplicates of these departmental estimates and statements shall be sent at the same time to the board of aldermen. Be- fore finally determining upon the budget the board of estimate and apportionment shall fix such sufficient time or times as may be necessary to allow the taxpayers of said city to be heard in regard thereto, and the said board shall attend at the time or times so appointed for such hearing. After such budget is made by the board of estimate and apportion- ment, it shall be submitted by said board within five days to the board of aldermen, whereupon a special meeting of the board of aldermen shall be called by the mayor to con- sider such budget, and the same shall simultaneously be pub- lished in the City Record. The consideration of such budget by the board of aldermen shall continue from day to day until final action is taken thereon, but such consideration shall not continue beyond twenty days, and in the event of said board of aldermen taking no action thereon within such period of time, the said budget shall be deemed to be finally adopted as submitted by the board of estimate and apportionment. The board of aldermen may reduce the said several amounts fixed by the board of estimate and appor- tionment, except such amounts as are now or may hereafter be fixed by law, and except such amounts as may be inserted by the said board of estimate and apportionment for the pay- ment of state taxes and payment of interest and principal of the city debt, but the board of aldermen may not increase such amounts nor vary the terms and conditions thereof, nor insert any new items. Such action of the board of aldermen on reducing any item or amount fixed by the board of estimate and apportionment shall be subject to the veto power of the mayor as elsewhere provided in this act, and unless such veto is overridden by a three-fourths vote of the board of aldermen, the item or amount as fixed by the board of estimate and apportionment shall stand as part of the bud- get. Prior to December twenty-fifth in each year the budget, as finally adopted pursuant to the provisions of this section, shall be certified by the mayor, comptroller and city clerk,whereupon the said several sums shall be and become appropriated to the CHAEiTER OF NEW YORK CITY. 93 several purposes therein named. On or before December thirty-first in each year the said budget shall be filed in the office of the comptroller and published in the City Record. Payment of city's obligations to be provided for, § 227. It shall be the duty of the board of estimate and apportionment, from time to time, to provide for the payment of the interest and principal of the bonds and other obligations of the city, or for which the city is liable, and also to provide for the payment to the commissioners of the sinking fund of any sums directed by special laws to be paid to said commis- sioners on account of such bonds or obligations and in anticipa- tion of their maturity, and to provide for the raising of the money therefor, in accordance with such special laws and the laws under which such bonds and obligations were issued or created. Duties when accumulations in sinking fund are insufficient. § 228. Whenever and as often as the commissioners of the sinking fund shall certify to the board of estimate and appor- tionment that the accumulations in any sinking fund will not be sufficient to meet the payment of any bonds or stocks falling due in the next following calendar year redeemable therefrom, it shall be the duty of the said board of estimate and appor- tionment, and it is hereby required to include in the annual budget for such year, to be raised by tax on the estates, real and personal, in the city, subject to taxation, such an amount to be applied to the payment of said bonds or stocks as shall be certified by said commissioners, and the amount so included in said estimate shall be paid into said sinking fund and applied as in this section specified. Certain city bonds and stocks; annual provisions to meet payment of. § 229. For the payment of all bonds and stocks of the mayor, aldermen and commonalty of the city of New York issued after June third, eighteen hundred and seventy-eight, and for the payment of all the bonds and stocks hereafter issued by The City of New Y'ork, as hereby constituted, and for which no provision for the payment thereof, otherwise than from taxation is made, except revenue bonds issued in anticipation of the collection of taxes there shall annually be set apart or paid over to the commissioners of the sinking fund, as herein- after directed, and invested by them in the manner provided 94 LAWS OF NEW YORK. by law, a sum sufficient, with the accumulation of interest thereon to meet and discharge the amount of said bonds or stocks by the time the same shall be payable, as the same shall be estimated and certified by the comptroller. The said annual sum so to be set apart or paid over and invested, except so far as it relates to bonds and stocks issued on or after January first, eighteen hundred and ninety- eight, and bonds issued to provide for the supply of water, shall, until other provisions therefor may be hereafter made by law, be set apart out of the surplus income, revenues and accumulations of the sinking fund for the redemption of the city debt as now established by law, after fully providing for the payment of the stocks and bonds of said city now out- standing, and which, by sections two hundred and twelve and two hundred and thirteen of this act, are declared to be and are made preferred claims upon said sinking fund, and also for the payment of such other bonds and stocks of said city as by said section two hundred and thirteen of this act are authorized to be paid from said sinking fund. Wb.encver, and as often as the commissioners of the sinking fund shall certify to the board of estimate and apportionment that the said sur- plus revenues of said sinking fund will, in the opinion of said commissioners, be less than the amount by this section required to be set apart or paid over to said commissioners for the pur- poses aforesaid, and certifying the amount of such deficiency, it shall be the duty of said board of estimate and apportion- ment, and the board of aldermen to include in the annual budget for the year next ensuing to be raised by tax on the estates, real and personal, in said city subject to taxation, the amount of the deficiency certified as aforesaid, and this amount so raised by tax shall be paid to the commissioners of the sinking fund on the first day of November of the year in which the same shall be levied. Items to be included in annual estimate. § 230. The board of estimate and apportionment shall, in addition to such other amounts as it may in its discretion provide for public purpose? in The City of New York and the several counties wholly contained within its territorial limits, annually include in its final estimate the following sums, which shall annually be raised and appropriated : First — A sum not exceeding eight thousand dollars to be paid to the trustees of the Seventh regiment armory build- ing, as an equivalent and in lieu of the rental of an armory for CHARTER OF NEW YORK CITY. 95 said regiment, to be applied to the preservation, maintenance and improvement of said armory buildmg, as provided in chapter five hundred and eighteen of the laws of eighteen hundred and ninety-three, said sum to be paid in the month of January in each year. Second — The amount necessary for the maintenance of the buildings, instruments and equipments of: 1. The meteorological and astronomical observatory. 2. The American Museum of Natural History, not ex- ceeding one hundred and thirty-five thousand dollars. 3. The Metropolitan Museum of Art, not exceeding ninety-five thousand dollars. 4. The Brooklyn Institute of Arts and Sciences, not exceeding ninety-five thousand dollars. Third — Such sum, not exceeding seventy-five thousand dollars, as is included in the departmental estimates submitted to it by the department of public charities, to be applied to the relief of poor adult blind persons. Fourth — Such sum as is necessary to pay the expenses of the registration and revision of registration required by law, and of all elections held in said city during the year. Fifth — Such sum as may be necessary to pay the compen- sation due according to law to justices of the supreme court from judicial departments, other than the first and second judicial districts, who hold court in the first judicial depart- ment, or who hold court within the second judicial depart- ment within the said city of New York as hereby constituted. Sixth — Such sum as may be necessary to pay the sal- aries of county officers within the counties of New York, Kings, Queens and Richmond, and likewise all other ex- penses within said counties and each of them which are county as distinguished from city charges and expenses. Seventh — Such sum as is necessary for defraying the expenses incurred in carrying out the provisions of sections ten hundred and ninety-three, ten hundred and ninety-four and ten hundred and ninety-five of chapter four hundred and ten of the laws of eighteen hundred and eighty- two. Eighth — Such sum as may be necessary to provide for the compilation and publication of the registry of voters. Ninth — The sums necessary, in the discretion of said board, to make the following described payments, namely: I. To the American Female Guardian society for the main- tenance of each girl under the age of fourteen and each boy 96 LAWS OF NEW YORK. under the age of ten years, committed to such society by any magistrate in The City of New York, the sum of two dollars per week for each and every week until such child is discharged or removed from the institution of such society. And also the sum of twenty-five thousand dollars, to be applied to the support of the industrial schools and other charitable work of the said society. 2. To the New York Society for the Prevention of Cruelty to Children the sum of thirty thousand dollars for the uses and purposes of said society. 3. To the New York Society for the Relief of the Ruptured and Crippled, the sum of one hundred and fifty dollars for the support of every crippled child received and retained in their hospital for one year, and a proportionate sum for a shorter period. 4. To the New York Infirmary for Women and Children, twenty-five dollars for each homeless or needy mother who re- ceived care and attendance in lying-in wards of the New York Infirmary for Women and Children, for such care and obstetric attendance, and the further sum of eighteen dollars per month, and proportionr.tely for any fraction of a month, for each mother thus domiciled and attended at the birth of her child, and for each homeless and needy mother with a nursing infant who resides at said infirmary iat the request of or by permission of its ofiicers, and wet nurses her own infant, provided such residence shall exceed the period of two months, but the said monthly allowance of eighteen dollars shall not be paid for a longer period than one year for any mother so remaining continuously. And to the New York Medical College and Hospital for Women, twenty-five dollars for each needy mother who has received care and obstetric attendance at her home or in the lying-in wards of the said hospital, for such care and obstetric attendance, and the further sum of eighteen dollars per month and proportionately for each fraction of a month for each mother attended at the birth of her child and domiciled at such hospital, but not for a longer period than one year, and also for each homeless or needy mother with a nursing infant who re- sides at said hospital at the request of or by permission of its officers and wet nurses her own infant, provided such residence shall exceed the period of two months. But such sums to the New York Medical College and Hospital for Women shall not exceed eight thousand dollars in the aggregate in any one year. 5. To the Children's Fold of the city of New York, the sum of two dollars per week for each and every orphan, half orphan OHABTEB OF NEW YOKK CITY. and destitute child received and supported by said institution, the expense of whose support is not paid by private parties. 6. To the New York Institution for the BHnd, fifty dollars for each state pupil sent to and received in said institution from said city, whose parents or guardians shall, in the opinion of the superintendent of public instruction, be unable to furnish them with suitable clothing, to be by it applied to furnishing such pupils with suitable clothing while in said institution. 7. To the Children's Aid Society, the sum of ten thousand dollars for the uses and purposes of said society. And also the sum of thirty thousand dollars to be applied to the care and education in the industrial schools of said city, of destitute chil- dren not attending the common schools in The City of New York. And also the sum of thirty thousand dollars to be applied to the support of the boys' and girls' lodging houses of the said society. To St. John's Guild, of the city of New York, the sum of thirty thousand dollars, to be applied to the maintenance and operation of its hospitals, to the support of its other chari- table work and to the general uses and purposes of said society, and to the Sanitarium for Hebrew Children in the city of New York, the sum of five thousand dollars to be applied to the support of its charitable work. 8. To the Foundling Asylum of the Sisters of Charity and to the Babies' Hospital of the city of New York, respectively, at the rate of thirty-eight cents per day for each and every foundling or infant received and maintained by them. And also for each and every homeless and needy mother with a nursing infant, who shall reside at the asylum, or at said hospital, by request of its officers, and nurses her own infant, the sum of eighteen dollars per month. To the babies' wards of the Post-Graduate Hospital in the city of New York, at the rate of thirty-eight cents per day for each and every infant received and cared for therein. 9. To the Nursery and Child's Hospital, the sum of five dollars per week for every destitute woman admitted into its lying-in wards, according to the time of the said woman's con- tinuing under the care of the said institution, and the further sum of ten dollars per month for each and every child born in the institution or supported and maintained by said institution, whenever it may be necessary or expedient to place said child in the country, or for want of room in the institution to find accommodation for it elsewhere ; and also the sum of ten dollars per month for all children received and retained in the Nursery and Child's Hospital, in the city of New York, and in like pro- 98 LAWS OF NEW YORK. portion for any fraction of a year for each and every destitute child which may be supported and maintained in said mstitution. To the New York Polychnic Medical School and Hospital, for board, nursing and medical or surgical aid and attendance, one dollar per day for each needy and charity patient who occupies a bed in said hospital and who receives such care, support and maintenance; such payments not to exceed in the aggregate thirty thousand dollars per annum. To the New York Homeo- pathic College and Hospital, for board, nursing and medical oi surgical aid and attendance, one dollar per day for each need} and charity patient who occupies a bed in the Flower Surgical Hospital, belonging to said New York Homeopathic College and Hospital, and who receives such care, support and maintenance ; such payment not to exceed in the aggregate twelve thousand dollars per annum. 10. To the New York Infant Asylum, a sum of money at the rate of thirty-eight cents per day, in monthly payments, for each and every child received and maintained by said asylum; a further sum of twenty-five dollars for each homeless or needy mother who receives care and attendance in the lying-in wards of the asylum; the further sum of eighteen dollars per month, and proportionately for any fraction of a month, for each home- less or needy mother who is domiciled in the asylum and attended at the birth of her child, and resides at the asylum by the request of its officers, and wet nurses her own infant; and for each other homeless or needy mother with a nursing infant who resides at the asylum by the request of its officers and wet nurses her own infant; provided, however, that in each case such residence must exceed the period of two months, and that said monthly allowance shall not be paid for a longer period than for one year for any mother so remaining. 11. To the Shepherd's Fold of the Protestant Episcopal church in the state of New York, the sum of five thousand dollars, to be applied to the purposes and objects of said corpo- ration. 12. To the New York Catholic Protectory, yearly, the sxwv of one hundred and ten dollars per capita, on the average number of persons annually maintained in its institutions ; the averasfe number of persons thus maintained shall be ascertained by the examination and testimony, under oath, of the president ot secretary of said society. 13. To the Hebrew Benevolent Society of the city of New York, one hundred and ten dollars per annum and proportion- ately for any fraction of a year, and to the Hebrew Sheltering OHAKriEB OF NEfW YOKK OITY. 99 Guardian Society of New York one hundred and foiir dollars per annum and proportionately for any fraction of a year tor each orphan, half orphan and indigent child committed or en- trusted to its care in pursuance of the provisions of law. 14. To the New York Juvenile Asylum, one hundred and ten dollars per annum, and proportionately for any fraction of a year, for each child, which, by virtue and in pursuance of the provisions of chapter three hundred and thirty-two of the laws of eighteen hundred and fifty-one, as amended by laws of eighteen hundred and fifty-eight, chapter forty-three, laws of eighteen hundred and sixty-three, chapter ninety- four, and laws of eighteen hundred and sixty-six, chapter two hundred and forty-five, shall be entrusted or committed to the said asylum and shall be supported and instructed therein. 15. To the Roman Catholic House of the Good Shepherd, monthly payments at the rate of one hundred and ten dollars per annum for each female, between the ages of fourteen and twenty-one, committed to it by any magistrate in accordance with chapter four hundred and nine of the laws of eighteen hundred and sixty-seven. 16. To the Magdalen Female Benevolent Asylum and Home for Fallen Women, monthly payments at the rate of one hundred and ten dollars per annum for each female, between the ages of fourteen and twenty-one years, committed to it by any magis- trate, in accordance with said last mentioned law. 17. To the Protestant Episcopal House of Mercy, monthly payments at the rate of one hundred and ten dollars per annum for each female between the ages of fourteen and twenty-one years, committed to it by any magistrate in accordance with said last mentioned law. 18. To the Five Points House of Industry, the sum of fifty- two dollars per year for each and every orphan, half orphan and destitute child, not exceeding two hundred children in any one year, received and supported by said institution for each year, the expense of whose support is not paid by private parties, and in the same proportion for the part of a year. 19. To the Association for Befriending Children and Young Girls, a per capita allowance of one dollar a week for each female by it rescued, supported, instructed and trained to useful employment. 20. To the Peabody Home for Aged and Indigent Women, the sum of one hundred and fifty dollars per annum for each and every woman therein over sixty-five years of age received and supported by said institution, not exceeding, however, the sum 100 LAWS OP NEW YORK. of live thousand dollars in any one year, and to the Sloan Mater- inty Hospital in the city of Mew iork, the sum of hve dollars per week tor every destitute woman admitted into its lyiiig-iu ward, according to the time of the said woman continuing under the care of the said institution, and the further sum oi ten dollars per month for each and every child born in the insti- tution or supported and maintained by said institution, but such sums shall not exceed eight thousand dollars in any one year. And to the New York Female Asylum for lymg-in women, Lwenty-five dollars for each homeless and needy mother who iias received care and attention in the lying-in ward of the asylum, for such care and obstetric attendance, but such sums shall not exceed eight thousand dollars in any one year. 21. To the Mothers' and Babies' Hospital, fifteen dollars for each homeless and needy mother who has received care and attention in the lying-in ward of the hospital, for such care and obstetric attendance, not to exceed three hundred patients in any one year. 22. Such other sum or sums as are, or may be by law directed or authorize'd to be raised and paid for charitable purposes or to private or incorporated societies, associations, asylums, hospitals, corporations, institutions, protectories, home or schools. 23. The board of estimate and apportionment are hereby authorized in their discretion to include in their annual state- ments and estimates the following specified sums of money for the respective purposes herein stated, namely : Four thousand dollars to be paid to the Brooklyn Hospital (formerly City Hospital) ; four thousand dollars to be paid to the Long Island College Hospital ; four thousand dollars to be paid to the Brook- lyn Homeopathic Hospital; fifteen hundred dollars to be paid to the Brooklyn Central Dispensary ; fifteen hundred dollars to be paid to the Brooklyn City Dispensary; fifteen hundred dollars to be paid to the Brooklyn Eclectic Dispensary ; fifteen hundred dollars to be paid to the Brooklyn Homeopathic Dispensary; five thousand dollars to be paid to the Brooklyn Eastern District Dispensary and Hospital ( formerly the Williamsburgh Dispen- sary) ; fifteen hundred dollars to be paid to the Long Island College Dispensary; fifteen hundred dollars to be paid to the Gates Avenue Homeopathic^ Dispensary ; four thousand dollars to be paid to the Brooklyn Nursery and Infants' Hospital ; fifteen luindred dollars to be paid to the Brooklyn Eastern District Homeopathic Dispensary (formerly the Williamsburgh Home- opathic Dispensary) ; twenty-five hundred dollars to be paid to OHARTEiR OF NEW YORK CITY. 101 the Brooklyn Maternity ( formerly Brooklyn Lying-in Asylum) ; twenty-five hundred dollars to be paid to the Eye and Ear Hos- pital of the city of Brooklyn; one thousand dollars to be paid to the Southern Dispensary and Hospital; fifteen hundred dollars to be paid to the Orthopedic Dispensary ; four thousand dollars to be paid to the Saint Peter's Hospital ; fifteen hundred dollars to be paid to the Saint Peter's Dispensary ; two thousand dollars to be paid to the Atlantic avenue Dispensary ; one thousand dollars to be paid to the Saint Mary's Dispensary ; two thousand dollars to be paid to the Brooklyn Diet Dispensary; fifteen hundred dollars to be paid to the Saint Catherine's Dispensary; four thousand dollars to be paid to the Saint Catherine's Hospital ; one thousand dollars to be paid to the Helping Hand Society of Brooklyn; one thousand dollars to be paid to the Sheltering Arms Nursery of Brooklyn ; four thousand dollars to be paid to the Brooklyn Home for Consumptives; four thousand dollars to be paid to the Memorial Hospital for Women and Children ; four thousand dollars to be paid to the Saint Mary's General Hospital of the city of Brooklyn; fifteen hundred dollars to be paid to the Central Homeopathic Dispensary; fifteen hundred dollars to be paid to the Memorial Dispensary ; fifteen hundred dollars to be paid to the Bushwick and East Brooklyn Dis- pensary; fifteen hundred dollars to be paid to the Dispensary of the College of Physicians and Surgeons of Saint Mary's Hospital of the city of Brooklyn ; four thousand dollars to be paid to the Methodist Episcopal Hospital of the city of Brooklyn; two thousand dollars to be paid to the Saint Mary's Female Hospital ; fifteen hundred dollars to be paid to the Lutheran Hos- pital Association of the city of New York and vicinity; four thousand dollars to be paid to the Brooklyn Throat Hospital ; two thousand dollars to be paid to the Bedford Dispensary and Hospital ; four thousand dollars to be paid to the St. Martha's Sanitarium and Dispensary ; three thousand dollars to be paid to the Central Throat Hospital and Polyclinic Dispensary ; three thousand dollars to be paid to the Long Island Throat Hospital and Eye Infirmary (formerly the Long Island Throat and Lung Hospital and People's Dispensary Association) ; four thousand dollars to be paid to the Norwegian Lutheran Deaconesses' Home and Hospital ; two thousand and five hundred dollars to be paid to the Brooklyn Home for Aged Colored People ; three thousand dollars to be paid to the St. ^Mary's Maternity and Infant's Home ; two thousand dollars to be paid to the Memorial Train- ing School for Nurses; four thousand dollars to be paid to the Church Charity Foundation of Long Island for its hospital; 102 LAWS OF NEW YORK. twenty-five hundred dollars to be paid to the Home of St. Giles the Cripple ; three thousand dollars to be paid to the Bushwick Hospital; four thousand dollars to be paid to tlie Brooklyn Society for the Prevention of Cruelty to Children ; two thousand dollars to be paid to the Brooklyn Training School and Home for Young Girls; fifteen hundred dollars to be paid to the dis- pensary of the Methodist Episcopal Hospital ; twenty-five hun- dred dollars to be paid to the Low Maternity ; fifteen hundred dollars to be paid to the Brooklyn Hospital dispensary ; two thousand dollars to be paid to the Society for the Aid of Friend- less Women and Children; two thousand dollars to be paid to the Stone Maternity of Brooklyn ; fifteen hundred dollars to be paid to St. Phebe's mission; fifteen hundred dollars to be paid to the Orphan Asylum Society of the city of Brooklyn; two thousand five hundred dollars to be paid to the Industrial Home for the Blind; fifteen hundred dollars to be paid to the Brook- lyn Industrial School Association and Home for Destitute Children; fifteen hundred dollars to be paid to the Industrial Home School Association of Brooklyn, eastern district; twenty-five hundred dollars to be paid to the Maternity of the Long Island College Hospital; fifteen hundred dollars to be paid to the Twenty-sixth Ward Homeopathic Dispensary ; such several sums of money to be paid to the several institutions in consideration of their contracting to render and rendering medical and surgical aid and treatment to the poor of the county of Kings who may apply to them therefor; such contract to be in writing, executed on behalf of the city by the mayor and comptroller and also by the executive officers of said associa- tions respectively, and to be approved by the counsel to the corporation of the city, to be filed annually on or before the thirty-first day of May, in the office of the city clerk. 24. Any other sum or sums which may heretofore have been duly authorized by law to be paid within The City of New York, or any part thereof, as constituted by this act, for the education and support of the blind, the deaf and dumb and juvenile delinquents, and for the care, support, maintenance and secular education of inmates of orphan asylums, protectories, homes for dependent children or correctional institutions, or to charitable, eleemosynary, correctional and reformatory insti- tutions, wholly or partly under private control for care, support and maintenance, as in such law specified. The board of esti- mate and apportionment may also, in its discretion, appropriate and allow moneys raised by taxation or received from any other source and properly applicable thereto, to any charitable, elee- OHARTEK OiF NEW YORK OITY. 103 mosynary, correctional or reformatory institution wholly or partly under private control for the care, support and main- tenance of its inmates; such payments to be made only for such inmates as are received and retained therein pursuant to rules established by the state board of charities. The board of esti- mate and apportionment may in any year, and from time to time, increase or diminish, the sum authorized to be paid to any institution, association, corporation or society included in the tenth paragraph of this section. The final estimate shall specify each institution by its corporate name and the sum to be paid thereto, with a reference to the laws authorizing the appropriation, and the comptroller is author- ized to pay the sum to such institution upon its appearing to his satisfaction in such manner as he shall prescribe that the expenditure thereof by the institution is lawful and proper. No appropriation shall be made under this section to any cor- poration unless the mayor of the city, or the president of the borough in which the chief office of such corporation is situ- ated, be notified of all meetings of its board of management, and be empowered to attend the same or designate in writing some person to do so in his behalf ; but this shall not be con- strued as impairing any existing powers of visitation vested in the supreme court or the state board of charities, or any provisions of law requiring statements by such corporations as to their affairs. Board of estimate and apportionment to audit charges against city for costs, etc. § 231. The board of estimate and apportionment is hereby authorized to audit and allow, as charges against the city, the reasonable costs, counsel fees and expenses paid or incurred, or which shall hereafter be paid or incurred by any commis- sioner, city magistrate or police justice who shall have been a successful party, in any proceedings or trial to remove him from office, or who shall bring or defend any action or pro- ceeding, in which the question as to his title to office is in any way presented, or involved, or in which it is sought to con- vict him, or to review or prohibit any such removal or to obtain possession of his office, or by any commissioner for the proper presentation and justification of his official con- duct before any body or tribunal lawfully investigating the same, and not officially recommending his removal from office. The board of estimate and apportionment and the board of aldermen are hereby authorized and directed 104 LAWS OF NEW YORK. to cause to be included in the budget for the year following such audit, an amount sufficient to pay the revenue bonds directed to be issued by the said comptrol- ler pursuant to section one hundred and eighty-eight of this act, with all interest due or to become due thereon. Deficiencies; how provided for. § 232. The amount raised by assessment, pursuant to the provisions of chapter one hundred and ninety-one, of the laws of eighteen hundred and eighty, shall be collected and paid into the city treasury, and applied toward the payment of revenue bonds issued under said chapter. If any defi- ciency shall arise from any cause, and a sufficient amount shall not be realized from such assessment to pay fifty thou- sand dollars of the revenue bonds issued pursuant to said chapter, with the interest thereon, such deficiency shall be provided for by the board of estimate and apportionment and the board of aldermen, by including the same in the an- nual appropriation first made, after the amount of such de- ficiency, if any, shall be ascertained. Issue of certain stock and bonds authorized; transfers of appropri- ations. § 235. The board of estimate and apportionment may at any time, as occasion may require, authorize the issue of any stocks or bonds for the purpose of withdrawing, or taking up at maturity any stocks or bonds outstanding; but the said bonds or their pro- ceeds shall be applied exclusively to the payment, purchase, and extinction of such maturing bonds in such manner that the aggregate of the stocks or bonds of said city outstanding shall not be increased thereby for a longer period than is neces- sary in effecting said change. Appropriation for prevention of contagious diseases. § 236. For the prevention of dangers from contagious or infectious diseases found to exist in any part of the city, or for the care of persons exposed to danger from contagious or infectious diseases, the board of aldermen and the board of estimate and apportionment may appropriate to the use of the health department money in ex- cess of the annual estimate and appropriation for any year to the amount that shall be declared necessary for such pur- OHARTEiR OF NEW YORK CITY. 105 pose by resolution of the board of health ; not, however, to exceed, in the aggregate, the sum of eighty thousand dollars in excess of such annual appropriation, and if any sum or sums of money shall be so appropriated by said board of aldermen and said board of estimate and apportionment in any year prior to the date of the certificate of the comptroller to the board of aldermen of the aggregate amount of the bud- get for such year, the amount thereof shall be added to such final estimate, and included in the tax levy in such year. Board of estimate may transfer excess of appropriations, § 237. The board of estimate and apportionment shall have the power at any time to transfer any appropriation for any year which may be found, by the president of a borough, the head of a department or. other ofBcer having control of such appropriation, to be in excess of the amount re- quired or deemed to be necessary for the purposes or objects thereof, to such other purposes or objects for which the appropriations in such year are insufficient, or such as may require the same. But nothing in the power thus con- ferred shall authorize the transfer by said board of an appro- priation made for any object or purpose, in one year, to any purpose or object, whether an appropriation has been made therefor or otherwise, in any subsequent year. And any bal- ance of appropriations remaining unexpended at the close of any fiscal year, after allowing sufficient to satisfy all claims payable therefrom, and also any balance to the credit of any account of moneys which have been or may hereafter be paid into the treasury of the city, under existing laws, appropriated or authorized to be expended for any specific purpose, and which the said board of estimate and apportionment may deter- mine not to be necessary, or to be in excess of the amount required therefor, may, at any time, but not less than sixty days after the expiration of the year for which such appropria- tions are made, or sixty days after the expiration of the year during which the moneys aforesaid were paid inte the treasury of the city, after allowing sufficient to satisfy all claims payable from such appropriations, or which the comptroller shall cer- tify should be paid from said moneys paid into the treasury, as aforesaid, be transferred by the comptroller, with the approval of the said board of estimate and apportionment, to the general fund of the city, and applied to the reduction of taxation. The approval by the board of estimate and apportionment of the 106 LAWS OF NEW YORK. certificate of the comptroller, as aforesaid, shall be an appro- priation of the amounts therein stated to the object or purposes in said certificate specified. Appropriations out of excise moneys to home for girls. § 238. There may be paid annually, out of the excise moneys of The City of New York, to the Home for Fallen and Friend- less Girls, in said city, the sum of one hundred and fifty dollars, for the support of every fallen and friendless girl received and supported by said corporation in their Home for Fallen and Friendless Girls for the year for which such payment shall be made, and a proportional sum for a shorter period in the same year. Excise moneys; how appropriated. § 240. Said board of estimate and apportionment is author- ized, from time to time, in sums according to its discretion, by resolution of said board, to appropriate from excise moneys obtained from either local or state boards or officers, for taxes or licenses for the sale of intoxicating liquors, to such benevo- lent or charitable institutions in said city which shall gratui- tously aid, support or assist the poor thereof, as may seem to said board deserving or proper; and the comptroller shall draw his warrants in favor of such institutions respectively mentioned in such resolutions, according to the tenor thereof, and the chamberlain shall pay such warrants out of the said moneys received for licenses. The term " poor,'* as used in this section, shall only include persons who would otherwise become a charge upon said city, as foundlings, orphans, or such prostituted or fallen women or juvenile delinquents as may be committed to or cared for gratuitously, in or by any reformatory institution, protectory or juvenile asylum, and persons who are supported, relieved, or cared for gratuitously, in or by any charitable institution for the care or relief of the ruptured or crippled, the cure of hip or spinal diseases, the sick, or the destitute, friendless, or infirm, including children of volunteers who died in the late civil war, and the care and instruction of idiots, the deaf and dumb, the blind and the insane. No payments shall be made, in pursuance of this section, except as a per capita allowance for the poor and destitute persons actually supported, treated, cared for, or educated in the institutions referred to in this section, except in the case of the American Female CHARTER OF NEW YORK CITY. 107 Guardian Society and Home for the Friendless, the Children's Aid Society, and the Shepherd's Fold of the Protestant Epis- copal Church, which shall severally receive only the same amounts as provided by other provisions of law. The said board of estimate and apportionment is also authorized, from time to time, and in sums according to its discretion, to appro- priate, by resolution of said board, all moneys derived from penalties and fines, recovered, pursuant to sections fourteen hundred and seventy-three, fourteen hundred and eighty-one and fourteen hundred and eighty-two of this act, and all mon- eys from licenses for amusements to whatever benevolent or charitable institutions may seem to such board deserving or proper; but no such resolution shall be valid unless adopted by vote of a majority of said board; and the comptroller of said city is hereby authorized and directed to draw his war- rants in favor of the corporations, societies, or charitable insti- tutions, respectively mentioned in such resolution according to the tenor thereof; and the chamberlain of said city shall pay such warrants out of the said moneys received for such penalties, fines and licenses. Appropriations for contesting office to be made for prevailing party only. § 241. No appropriation or payment for the con- testing of the office of mayor, or any seat in the board of aldermen, or office in any department, or the office of any officer whose salary is paid from the city treasury, shall be made to any but the prevailing party. Nor shall any such appropriations or payment be made to such prevailing party except upon -the written certificate of the chief officer of the law department, and of the presiding justice of the appellate division of the first department of the supreme court certifying who is such prevailing party, and the value of the services rendered in the case. In case an officer or clerk is ordered to be examined, in pursuance of law, the corporation counsel shall assign some one from his depart- ment as counsel for the officer or clerk making an application therefor. Board of estimate and apportionment; powers with respect to certain subjects. § 242. The board of estimate and apportionment shall have power over the following subjects: i 108 LAWS OF NEW YORK, (i.) To appropriate, from time to time, for the mainte- nance, improvement and extension of the system of water sup- ply of the borough of Brooklyn, the moneys received from water rents in the said borough, subject, however, to the charges now imposed by law upon said revenues. (2.) To appropriate, from time to time, for the mainte- nance of the New York and Brooklyn Bridge the moneys received from the revenues of said bridge. Board of estimate and apportionment; general powers. § 243. The said board of estimate and apportionment shall exercise such powers and perform such duties with resi)ect to the whole territory embraced within The City of New York, as constituted by this act, as were heretofore vested in the board of street opening and improvements of the corpora- tion known as the mayor, aldermen and commonalty of the city of New York, with respect to the territory included within that municipality, except so far as the same have been other- wise specifically and expressly conferred by this act. All the maps, records and proceedings of the board of public improve- ments relating to the subjects as to which jurisdiction is con- ferred by this section upon the board of estimate and appor- tionment shall be transferred to, kept and maintained in the office of the board of estimate and apportionment. And the board of estimate and apportionment shall exercise such other powers and perform such other duties are are vested in or cast upon it by any of the provisions of this act, or that may in accordance with the law be devolved upon it by the board of aldermen. All acts or proceedings heretofore performed or taken by the board of public improvements of The City of New York in respect to the powers hereby con- ferred and the duties hereby imposed upon the board of esti- mate and apportionment shall continue to be valid and of full force and effect unless modified, repealed or abrogated in the manner provided by law. TITLE 6. Levying Taxes. Deficiencies; limits of; levies for, § 248. It shall be the duty of the board of aldermen to include, in any and every ordinance or resolution passed by them, imposing and levying taxes for any purpose or pur- CHAKTER OF NEW YORK CITY. 100 poses authorized by law, such sum, in addition to the aggre- gate amount required for such purposes, as they shall deem necessary, not exceeding three per centum of said aggregate amount, to provide for deficiencies in the actual product of the amount imposed and levied therefor. Aggregate amount apportioned to be certified to board of aldermen and raised. § 249. The aggregate amount estimated by the board of aldermen and the board of estimate and apportionm.ent, in the annual budget, shall be certified by the comptroller to the board of aldermen; and it shall be the duty of said board of aldermen and they are hereby empowered and directed annually to cause to be raised, according to law, and col- lected by tax upon the estates, real and personal, subject to taxation within The City of New York, the amount so cer- tified, as aforesaid. CHAPTER VII. Law Department. Corporation counsel to be the head of the law department; duties; salary. § 255. There shall be a law department of The City of New York, the head whereof shall be called the corporation counsel, who shall be the attorney and counsel for The City of New York, the mayor, the board of aldermen and each and every officer, board and department of said city, ex- cept as otherwise herein provided. The salary of the corporation counsel shall be fifteen thousand dollars a year. The corporation counsel shall have charge and conduct of all the law business of the corporation and its departments and boards, and of all law business in which The City of New York is interested, except as otherwise herein provided. He shall have charge and conduct of the legal proceedings neces- sary in opening, widening, altering and closing streets, and in acquiring real estate or interests therein for the city by condemnation proceedings, and the preparation of all leases, deeds, contracts, bonds and other legal papers of the city, or of, or connected with, any department, board or officer thereof, and he shall approve as to form all such contracts, leases, deeds, bonds and other legal papers; provided, however, that he shall not institute any pro- 110 LAWS OF NEW YOKK. cceding for acquiring title to real estate by condemnation pro- ceedings, except for opening streets, unless the same shall have been approved by the board of estimate and apportionment upon a statement to be furnished said board of the valuation of such real estate as assessed for purposes of taxation; and provided, further, that the board of estimate and apportion- ment shall have power by a majority vote to direct such changes to be made in the forms of contracts and specifica- tions as may seem to promote the interests of the city. He shall be the legal adviser of the mayor, the board of aldermen, the presidents of the boroughs and the various departments, boards and officers, except as otherwise herein provided, and it shall be his duty to furnish to the mayor, the board of aldermen, the presidents of the boroughs and to every department, board and officer of the city all such advice and legal assistance as counsel and attorney in or out of court as may be required by them or either of them, and for that purpose the corporation counsel may assign an assistant or assistants to any department that he shall deem to need the same. No ofificer, board, or depart- ment of the city, unless it be herein otherwise especially provided, shall have or employ any attorney or counsel, except where a judgment or order in an action or proceeding may affect him or them individually or may be followed by a mo- tion to commit for contempt of court, in which case he or they may employ and be represented by attorney or counsel at his or their own expense. The corporation counsel, except as otherwise herein provided, shall have the right to institute actions in law or equity, and any proceedings provided by the code of civil procedure or by law in any court, local, state or national, to maintain, defend and establish the rights, interests, revenues, property, privileges, franchises or demands of the city or of any part or portion thereof, or of the people thereof, or to collect any money, debts, fines or penalties or to enforce the laws and ordinance^. He shall not be empowered to compromise, settle or adjust any rights, claims, demands or causes of action in favor of or against The City of New York; provided, however, that this inhibition shall not operate to limit or bridge the dis- cretion of the corporation counsel in regard to the proper conduct of the trial of any proceeding or action at law, or to deprive said corporation counsel of the powers or privileges ordinarily exercised in the course of litigation by attorneys- at-law when acting for private clients. He shall not permit, OmRTER OF NEW YORK OITY. ill offer or confess judgment against the city, of accept any offer of judgment in favor of the city without the previous written approval of the comptroller; and in case of any claim for a money judgment exceeding ten thousand dollars, or for relief other than in the nature of a money judgment, the previous written approval of the mayor shall be also neces- sary. Corporation counsePs power of appointment. § 256. The corporation counsel may appoint, and at pleasure remove, as many assistants to the corporation counsel as are necessary to the discharge of the duties of the law department, and he may appoint and at pleasure remove such clerks, assist- ants, and subordinates as are requisite to the discharge of the business of the department, giving to his appointees such titles or designations as he may deem appropriate to their services, respectively. Any assistant corporation counsel shall, in addition to his other powers, possess every power and perform all and every duty belonging to the ofhce of the corporation counsel, or so much of such duties as the corporation counsel shall deem it necessary to delegate when- ever so empowered by said corporation counsel by written authority, designating therein a period of time, not extending beyond three months, nor beyond the term of office of said corporation counsel, during which such power and authority may be exercised ; such designation and authority must be duly filed and remain on record in the law department, and may be revoked at any time. Neither the corporation counsel, nor any of his assistants, shall appear as attorney or counsel in any action or litigation except in the discharge of his official duties, nor accept an appointment as referee or receiver in any action or proceeding. Branch offices. § 257. In addition to the main office of the corporation counsel, which shall be located in the borough of Manhattan, he shall have an offfce in the borough of Brooklyn and, in his discretion, may maintain an office in the borough of The Bronx, the borough of Queens and the borough of Richmond, or either of them. 112 LAWM OF NEW YORK. Cureaus. § 258. The corporation counsel may establish such bu- reaus for divisions of service m the law department as he may judge most conducive to the efficient discharge of duty. There shall be a bureau in the law department to be known as the bureau of street openings." It shall have charge under the direction of the corporation counsel of such legal proceedings to open, widen, alter or close streets and parks, and to acquire title to or extinguish interests in real estate therefor, and of all such other proceedings involving awards for damages or assessments for benefit to lands, tenements and hereditaments as may be assigned to it by the corporation counsel. The corporation counsel shall appoint and remove, at will, the head of said bureau and all other employes thereof, and shall regulate their salaries and compensation. The assistants to the corporation counsel assigned to such bureau, shall conduct in his behalf, and subject to his direc- tion and control, all legal proceedings so assigned, and shall also act as clerks to the commissioners of estimate or the commissioners of estimate and assessment in all such proceedings without compensation therefor other than their salaries. Such bureau shall furnish to the commissioners of estimate or the commissioners of estimate and assessment in each proceeding, suitable offices and all the assistants which they may require in preparing their preliminary abstracts of estimate or of estimate and assessment, and their final re- ports for presentation to the supreme court for confirma- tion. The compensation of the head of said bureau and of all other employes thereof, and all the legal costs, charges, expenses and disbtirsements incurred by said bureau on ac- count of such proceedings, shall be divided proportionately, as nearly as practicable, to the services rendered or expense incurred in each of the said proceedings, and shall be in- cluded in the assessment for benefit to be imposed by the commissioners of estimate or the commissioners of estimate and assessment in each proceeding as part of the costs, charges and expenses thereof, after the same shall have been taxed by the court in the manner now provided by law for the taxation of such costs, charges, expenses and disburse- ments; but the compensation of the employes of said bureau and the necessary charges, expenses and disbursements thereof, shall be chargeable to and shall be paid monthly, in the first instance by the comptroller of The City of New York, out of the fund known as " the fund for street and park CHARTER OF NEW YORK CITY. 113 openings," created by chapter one hundred and seventy- three of the laws of eighteen hundred and eighty-five, and the acts amendatory thereof and supplemental thereto, upon pay- rolls and vouchers duly certified by the corporation counsel. The assistant clerks or other appointees, of this bureau, en- gaged in the transaction of business or duties pertaining to the borough of Brooklyn, may have their office in the bor- ough hall or public building of the borough of Brooklyn and if. in the judgment of the corporation counsel it be con- venient and advisable, such of the assistants, clerks or other appointees of this bureau as may be engaged in the transac- tion of business pertaining to the borough of The Bronx, the borough of Richmond or the borough of Queens, may like- wise have an office in either of said boroughs. Bureau for recovery of penalties. § 259. There shall be a bureau In the law department for the recovery of penalties for the violation of any law or mu- nicipal ordinance, to be called the " bureau for the recovery of penalties." All actions for such recovery shall be brought in the name of The City of New York, and not in that of any department, except w^here otherwise provided by this act. The assistant corporation counsel assigned to this bureau in the main office, or in the branch office located in any borough, shall not receive for his own use any fees or emoluments in addition to his salary, and he shall pay into the city treasury all costs and commissions received by him from any source whatever; such payments shall be made monthly, and shall be accompanied by a sworn statement in such form as the comptroller shall prescribe. A statement of the costs, com- missions, fines and penalties collected, shall be published in the City Record monthly. All fines or moneys, from what- soever source, received by the head of this bureau, shall be paid into the treasury of the city, except as otherwise speci- fically provided by law. The assistant corporation ccunsel assigned to this bureau in the main office, or in the branch office located in any borough, subject only to the approval of the corporation counsel, may settle, compromise, adjust, or discontinue, any action brought to recover a penalty in the name of The City of New York or any department, board, bureau, or officer thereof, provided that the penalty sued for does not exceed the sum of one hundred dollars. LAWS OF ]SrEW YORK:. Bureau for collection of arrears of personal taxes. § 260. There shall be a bureau in the law department for the collection of arrears of personal taxes to be called the " bureau for the collection of arrears of personal taxes." The assistant corporation counsel assigned to this bureau shall give a bond to The Cit}^ of New York, with one or more sureties, to be approved by comptroller and corporation counsel, in the penal sum of ten thousand dollars, conditioned for the faithful performance of the duties of the office and the payment over of all taxes collected by him, which shall be filed in the comptroller's office, and he and his bondsman or bondsmen shall be responsible to the corporation therefor. Presentation of claims to be pleaded. § 261. No action or special proceeding, for any cause what- ever, shall be prosecuted or maintained against The City of New York, unless it shall appear by and as an allegation in the complaint or necessary moving papers that at least thirty days have elapsed since the demand, claim or claims upon which such action or special proceeding is founded were pre- sented to the comptroller of said city for adjustment, and that he has neglected or refused to make an adjustment or payment thereof for thirty days after such presentment. Jurisdiction of actions against the city. § 262. All actions wherein The City of New York Is made a party defendant shall be tried in that county within The City of New York in which the cause of action arose, or in the county of New York, subject to the power of the court to change the place of trial in the cases provided by law. Service of process. § 263. All process and papers for the commencement of actions and legal proceedings against The City of New York shall be served either upon the mayor, the comptroller or the corporation counsel. Issuance of execution. § 264. No execution shall be issued upon any Judgment recovered against The City of New York until after ten days' notice, in writing, of the recovery of such judgment shall have been given to the comptroller. CHARTER OF NEW YORK CITY. 115 Bills of costs in condemnation proceedings. § 265. No bills of costs for fees of commissioners of esti- mate, or for other expenses in and about special proceedings instituted for the acquisition of the title to lands required by The City of New York for pubhc purposes, shall, unless the same be payable by law from the fund for street and park ' openings, be taxed by the supreme court prior to the con- firmation of the report of the commissioners of estimate ap- pointed in such proceedings. CHAPTER VIII. Police Department. Police commissioner; salary; deputies; salaries, etc. § 270. The head of the police department shall be called the police commissioner, who shall be appointed by the mayor, and shall, unless sooner removed,, hold office for the term of five years, and until his successor shall be appointed and has qualified. The said commissioner may, whenever, in the judgment of the mayor of said city or the governor, the public interests shall so require, be removed from office by either, and shall be ineligible for reappointment thereto. The successors in office of the said commissioner shall also be ap- pointed by the mayor of the city within ten days after any vacancy shall occur, and shall be removed by either the mayor or governor whenever the public interests so require. The salary of said police commissioner shall be seventy-five hundred dollars a year. The said commissioner shall have the power to appoint, from the citizens of the United States and residents of the said city, and at pleasure remove, two deputies, to be known as first deputy commissioner and second deputy commissioner. The first deputy commissioner shall, during the absence or disability of the commissioner, possess all the powers and perform all the duties of the com- missioner except the power of making- appointments and transfers. In the absence or disability of both the commis- sioner and the first deputy commissioner, the second deputy commissioner shall possess all the powers and perform all the duties of the commissioner except the power of making ap- pointments and transfers. The commissioner shall define the duties of the deputy commissioners, and may delegate to either of them any of his powers except the power of making appointments and transfers. The salary of each of such 116 LAWS OF NEW YORK. deputy commissioners shall be four thousand dollars a year. Police commissioner; authority. § 271. The said police commissioner shall have cognizance and control of the government, administration, disposition and discipline of the said police department, and of the police force of said department. Id.; to make and enforce rules and regulations. § 272. The said police commissioner shall make, adopt and enforce such rules, orders and regulations, and do all such other acts as may be reasonably necessary to effect a prompt and efficient exercise of all powers conferred by law, and the performance of all duties imposed by law upon the said commissioner or the said department, or upon any part of or person in said department. But said commis- sioner shall do no act which is contrary to or inconsistent with this act. Boards and officers abolished and forces consolidated. § 273. Except as herein otherwise expressly provided, the police department, the board of police and the offices of the police commissioners of The City of New York, provided for by the New York city consolidation act of eighteen hundred and eighty-two, and the acts amendatory thereof, the office of commissioner of police and excise of the city of Brooklyn, the board of police commissioners for Long Island City and the board of commissioners of police for the county of Rich- mond are hereby abolished. The respective police forces and departments heretofore existing in the said cities and the said county, including the park police of the mayor, alder- men and commonalty of the city of New York, and the park police of the city of Brooklyn, and the police force of the New York and Brooklyn bridge are hereby consoHdated into one department and force to be constituted, controlled and administered as provided in this chapter. Police department; powers and authority transferred to. § 274. All the rights, powers, authority, duties and obli- gations, immediately heretofore by law vested in or imposed upon the police departments, or either of the boards or com- missioners mentioned in the last above section, shall forth- CHAKTEW OF NEW YORK CITY, 117 with by force of and as an efifect of this chapter be transferred to and continue in the police department created by this act except in so far as the same shall be contrary to or incon- sistent with the provisions of this chapter. All the rights, powers, authority, duties and obligations relative to, or con- nected with the appointment, control or cognizance of any police force immediately heretofore by law vested in or im- posed upon the commissioners of public parks in The City of IS ew York, the department of parks of the city of Brooklyn, and the board of trustees of the New York and Brooklyn bridge, shall forthwith, by force of, and as an effect of this chapter be transferred to and continued in the police depart- ment created by this act, except in so far as the same shall be contrary to or inconsistent with the provisions of this chapter. Property to vest in The City of New York and be managed by police department. § 275. All money, funds and prooerty, and all rights and title to and interest in, and possession of and control over and all rights to the use and possession of any moneys, funds or property, which when this act takes effect, shall be vested in, held or exercised by the department, or either of the boards or commissioners, mentioned in section two hundred and seventy-three of this act, or which shall then be applicable to, or used for the purpose of, or in the maintenance of, or in connection with the functions or duties of either of the re- spective police forces appointed by the commissioners of public parks in The City of New York, the department of parks of the city of Brooklyn, or the said trustees of the New York and Brooklyn bridge, shall forthwith by force of and as an effect of this chapter, be and become vested in The City of New York, and the same shall be held, exercised, man- aged, controlled, used and applied by, and under the direc- tion of the police department created by this act until it is otherwise lawfully provided. No such money, funds or prop- erty shall, however, be used for or applied to any purpose different in kind from that for or to which the same might theretofore have been lawfully used or applied, until such different use or application shall first have been lawfully authorized. 118 LAWS OF NEW YORK. Police force; composition. § 276. Until otherwise provided by the board of aldermen, upon the recommendation of the mayor and the poHce commissioner, the police force in the police department created by this chapter, shall consist of the following mem- bers, to wit: Fifteen inspectors of poHce; captains of police, not exceeding in number one to each fifty of the total number of patrolmen, except in the rural portion of the city; sergeants of police, not exceeding four in number to each fifty of the total number of patrol- men; roundsmen not exceeding four in number to each fifty patrolmen; detective sergeants to the num- ber authorized by law; the members of the telegraph force as specified in section two hundred and seventy- seven of this act; the superintendent and inspectors of boilers as specified in section three hundred and forty-two of this act; doormen of police, not exceeding two in number to each fifty of the total number of patrolmen; surgeons of police, not exceeding forty in number, one of whom shall be chief surgeon, and patrolmen to the number of six thousand three hundred and eighty-two. The deputy chiefs of police who shall have been in said ofifice prior to the time when this act shall take efifect shall become inspectors of police, with the salaries of deputy chiefs, and the rights granted to deputy chiefs in respect to the relief pension fund. Id.; members of former forces in New York city transferred. § 277. The members of the police force of The City of New York, and the members of the police force appointed by the commissioners of public parks in said city, as said forces are provided for by sections two hundred and sixty-five and six hundred and ninety of the New York city consolidation act of eighteen hundred and eighty-two, and by the statutes amendatory of and supplementary to said sections, who shall be such members of said forces respectively when this act takes effect, shall be members of the police force specified in section two hundred and seventy-six of this act. The em- ployes of the telegraph force of the police department, of the mayor, aldermen and commonalty of the city of New York who are in office when this act takes effect, shall take the same rank in the police force specified in section two hundred and seventy-six of this act, as the telegraph force of the police department of the dty of Brooklyn has under existing laws; CHARTER OF NEW YORK CITY. 119 provided, however, that until otherwise ordered by the police commissioner, the superintendent of telegraph of the police force of the mayor^ aldermen and commonalty of the City of New York shall be superintendent of telegraph for the police force specified in said section two hundred and seventy- six of this act; and the deputy superintendent of telegraph of the police force of said, the mayor, aldermen and commonalty of the City of New York, shall be deputy superintendent of telegraph in the central office in the borough of Manhattan; and the superintendent of telegraph of the police force of the city of Brooklyn shall be superintendent of police telegraph for the borough of Brooklyn. Id.; members of former forces in Brooklyn transferred. § 278. The superintendent and deputy superintendent of police, and each inspector, captain, sergeant, detective-sergeant, roundsman, patrolman, doorman, bridge-keeper, police sur- geon, superintendent of telegraph, and telegraph operator, who is, when this act takes effect in, of, or attached to the police force of the city of Brooklyn, or the police force appointed by the department of parks of said city, or the police force appointed by the board of trustees of the New York and Brooklyn bridge, pursuant to section eight of chapter three hundred of the laws of eighteen hundred and seventy-five, and the acts amendatory thereof, or supplementary thereto, shall be members of the police force specified in section two hundred and seventy-six of this act Id.; members of former force in Long Island City transferred. § 279. The lawfully appointed captain, sergeant and patrol- men of the police force of Long Island City, who shall be such when this chapter takes effect, shall be members of the police force, specified in section two hundred and seventy-six of this act Id.; members of former force in Richmond county transferred. § 280. The captain and each sergeant, roundsman and patrolman of the police force of the county of Richmond, or of any town or village in that part of the county of Queens included in The City of New York, as hereby constituted, shall be members of the police force specified in section two hundred and seventy-six of this act 120 LAWS OF NEW YORK:. Police commissioner; authority over members transferred by pre- ceding sections; rank of transferred members. § 281. The police commissioner created by this act shall have the same powers, control and authority over the members of the police force, transferred thereto by sections two hundred and seventy-seven, two hundred and seventy- eight, two hundred and seventy-nine and two hundred and eighty of this act, and over their tenure of such membership and removal therefrom, as the said commissioner shall have over the members of said force, appointed thereto by him, and especially, except as otherwise provided by this chapter, to fix and assign the rank, title, duties, powers and place of service of said transferred members. Until by said commis- sioner otherwise provided the rank, title, duties, powers and place of service of said transferred members shall be the same as they were in the police force to which they belonged before this act took effect. Id.; authority over employes of former boards; duties and salaries of such emploj'es. § 282. All clerks, matrons, secretaries, and other subordi- nates, assistants and employes attached to, or in the service of the department or either of the boards or commissioners speci- fied in section two hundred and seventy-three of this act, until it shall be otherwise provided by the police commissioner created by this act, shall perform like services and duties and receive therefor the same salaries or compensation as they performed and received respectively prior to this act taking efYect. But such clerks, matrons, secretaries, and other subor- dinates, assistants and employes, their services, duties, salaries or compensation, tenure of and removal from their positions or employment shall in all respects be subject to the control and authority of the police commissioner created by this act. Id.; power to appoint and remove members and employes; salaries and lines. § 283. Subject to the powers by this act conferred on the board of estimate and apportionment and the board of aldermen of The City of New York, and to such other provi- sions of this act as may limit their power in the premises, the police commissioner created by this act CHAKTEK OP NEW YOKK CITY. 121 shall have power to appoint and remove as hereinafter provided the members of the police force specified in section two hundred and seventy-six of this act, and also such clerks, police matrons, secretaries, and other subordinates, assistants and employes as may be reasonably necessary to the proper performance of the duties and execution of the powers and functions of the police department created by this act, or of any of the component parts thereof, and to prescribe their respective ranks and duties. The salary or compensation of members of the poHce force shall be subject to all fines, penalties, forfeitures and deductions lawfully imposed for cause. Police force; qualifications of members; publishing names and resi=> dence of applicants and appointees. § 284. No person shall be appointed or reappointed to membership in the police force or continue to hold member- ship therein, who is not a citizen of the United States, or who has ever been convicted of felony, or who cannot read and write understandingly the EngUsh language, or who shall not have resided within the state one year next preceding his appointment, but skilled officers of experience may be ap- pointed for detective duty who have not resided as herein required. No person shall be appointed patrolman who shall be at the date of appointment over thirty years of age; and no person who shall have been a member of the force and shall have been dismissed therefrom, shall be reappointed. The name, residence and occupation of each applicant for ap- pointment or reappointment to any position in the police department, as well as the name, residence and occupation of each person appointed to any position, shall be published, and such publication shall, in every instance, be made, on the Saturday next succeeding such application, or appointment, in the City Record. Id.; warrant of appointment; oath. § 285. Every member of the police force shall have Issued to him, by the police department, a proper warrant of appoint- ment, signed by the police commissioner and chief clerk or first deputy clerk of said department or of the poUce commis- sioner, which warrant shall contain the date of appointment and rank. Each member of the poHce force shall, before en- tering upon the duties of his office, take an oath of office and subscribe the same before any officer of the police department who is empowered to administer an oath. 122 LAWS OF NEW YORK. Id.; promotions. § 288. Promotions of officers and members of the police force shall be made by the police commissioner, as provided in section one hundred and twenty-four of this act, on the basis of seniority, meritorious police service and superior capacity^ as shown by competitive examination. Individual acts of personal bravery may be treated as an element of meritorious service in such examination, the relative rating therefor to be fixed by the municipal civil service commis- sion. The police commissioner shall transmit to the munici- pal civil service commission in advance of such examina- tion the complete record of each candidate for promotion. Roundsmen shall be selected from among patrolmen of the first grade, but roundsmen may be reduced to the grade of patrolmen at any time by the police commis- sioner after due trial upon charges, the determination of which may be reviewed by writ of certiorari. Sergeants of police shall be selected from among roundsmen who shall have served at least two years continuously as such. Captains shall be selected from among sergeants who shall have served at least three years as such. Inspectors shall be selected from among captains who shall have served at least two years as such. Id.; increase of. § 289. The police commissioner is authorized to in- crease the police force by adding to the number of patrolmen from time to time, provided the board of estimate and appor- tionment and the board of aldermen shall have previously made an appropriation for that express purpose, such in- crease not to exceed one hundred and fifty in any one year. The board of estimate and apportionment and the board of aldermen may include in the annual budget from year to year, and the comptroller shall certify, as required by law, to the board of aldermen and the board of aldermen shall in- clude in the annual tax levy an amount sufificient to provide for the compensation of the additional patrolmen authorized to be appointed pursuant to the provisions of this section. Id.; central office bureau of detectives. § 290. The police commissioner shall maintain a bureau which shall be called the central office bureau of de- tectives, and shall select and appoint to perform detective duty therein from the patrolmen or roundsmen as many de- CHARTER OF NEW YORK CITY. 123 tectives as the said commissioner may from time to time de- termine necessary to make that bureau efficient. The patrol- men or roundsmen so selected and appointed, and the patrol- men or roundsmen heretofore selected, appointed or assigned to perform detective duty in the detective bureau, or in what is known as the headquarters squad, and who were acting in said bureau or squad on the first day of April, nineteen hun- dred and one, shall be known as detective sergeants, shall act as such in said bureau, and shall hold the same rank and shall be eligible for promotion in the entire police force in the city under the same rules and conditions applicable to the promo- tion of all other sergeants of police in said city, and shall not be reduced in rank or salary except in the manner provided by law for sergeants and other officers of the police force. These patrolmen or roundsmen known as detective sergeants on the first day of April, nineteen hundred and one, as afore- said in the detective bureau shall have the power to draw and be paid the same pay as other sergeants of police. Nothing in this section shall be construed to authorize the police commissioner to appoint any additional patrolmen in place of said detective sergeants. The head- quarters of the said central office bureau of detectives shall be at the police headquarters in the borough of Manhattan, and a branch office thereof shall be maintained at the police headquarters in the borough of Brooklyn, and other branch offices thereof may be maintained at the police headquarters in each of the other boroughs into which The City of New York is divided by this act. No member of department to be interested in other office. § 291. Any police commissioner, or any member of the police force, who shall, after qualifying in office, accept any additional place of public trust, or civil emolument, or who shall during his term of office be publicly nominated for any office elective by the people, and shall not, within ten days succeeding the same, publicly decline the said nomination, shall be in either case deemed thereby to have resigned his commis- sion and to have vacated his office, and all votes cast at any election for any person holding the office of police commis- sioner, or within thirty days after he shall have resigned such office, shall be void. 124 LAWS OF NEW YORK. Police commissioner; duties and powers. § 292. The police commissioner shall be the chief executive officer of the police force. He shall be charge- able with and responsible for the execution of al laws and the rules and regulations of the depart- ment. He shall assi-gn to duty the officers and mem- bers of the police force, and shall have power to change such assignments from time to time, whenever, in his judg- ment, the exigencies of the service may require such change. He shall have power to suspend without pay, pending the trial of charges, any member of the police force. If any mem- ber of the police force so suspended shall not be convicted by the police commissioner of the charges so preferred, he shall be entitled to full pay from the date of suspension, not- withstanding such charges and suspension. Said police com- missioner may grant leaves of absence to members of the force for a period not exceeding five days. Police surgeons; duties and districts. § 294. The duties of the police surgeons, and the extent and bounds of their districts, shall be assigned, from time to time, by the rules and regulations of the pohce commissioner. The police commissioner may, if requested by the depart- ment of health, designate pohce surgeons to aid the sanitary inspectors in the discharge of their duties, under such regula- tions and orders as the pohce commissioner may make and issue. Payment of salaries and obligations of department. § 297. The comptroller shall pay all salaries and wages to officers and members of the poHce department and force, as established by and in pursuance of law, and all bills, claims and obligations lawfully incurred by or by authority of said police depart- ment in the same manner as salaries and wages and bills, claims and obligations of other departments are paid. But the comptroller shall pay over and advance from time to time to the poHce commissioner such portions of the appropriation made to the police department for contingent expenses, not ex ceeding ten thousand dollars at any one time, for which requisition may be made by said police commissioner. The pohce commissioner shall transmit to the department of finance the original vouchers for the payment of all sums of CHARTER OF NEW YORK CITY. 125 money disbursed by him on account of such contingent ex- penses, and no greater sum than ten thousand dollars in ex- cess of the amount duly accounted for by said vouchers shall be advanced to said police commissioner at any one time. The police commissioner shall give a bond of ten thousand dollars, with two sufficient sureties, to be approved by the comptroller, for the faithful performance of the duties im- posed and privileges conferred upon him by this section. The police commissioner shall procure and pay for all print- ing, books, blanks, paper, and other articles of stationery re- quired for the administration and business of the department and each bureau thereof. Id.; copy of minutes when evidence. § 298. A copy of the minutes of the police commissioner or of any part of said minutes, or of any order or resolution of said commissioner, or of the rules and regulations established by said commissioner, when certified by the police commissioner or the chief clerk, or first deputy clerk of said police department, may be given in evidence upon any trial, investigation, hearing or proceeding in any court, or before any tribunal, commissioner or commission- ers^ or board, with the same force and effect as the original. Salaries of officers and members of the force. § 299. The annual salaries and compensation of the officers and members of the police force shall be as follows, to wit: Of each inspector of police who was heretofore a deputy chief of police, as provided in section two hundred and seventy-six of this act, five thousand dollars; of each in- spector of police, three thousand five hundred dollars; of each captain of police, two thousand seven hundred and fifty dollars; of each poHce surgeon, three thou- sand dollars; of each sergeant of police, including detective sergeants, two thousand dollars; of each doorman, one thousand dollars; of each roundsman, one thousand five hundred dollars; and the grade and pay or com- pensation of patrolmen or policemen shall be as follows, to wit: All such members who are patrolmen and who shall have served five years or upwards on said force, shall be mem- bers of the first grade. All such members who shall have served on such force for less than five years and more than four years and six months, shall be members of the second 126 LAWS OF NEW YORK. grade. All such members who sliall have served on such force for less than four years and six months, and more than foiir years, shall be members of the third grade. All such mem- bers who shall have served on such force for less than four years and more than three years, shall be members of the fourth grade. All such members who shall have served on such force for less than three years and more than two years, shall be members of the fifth grade. All such members who shall have served on such force for less than two years and more than one year, shall be members of the sixth grade. And all persons appointed patrolmen on or after the first day of January, eighteen hundred and ninety-eight, shall be members of the seventh grade. Whenever any mem- ber of the seventh grade shall have done service therein for one year, he shall be advanced to the sixth grade. Whenever any member of the sixth grade shall have done service therein for one year, he shall be advanced to the fifth grade. Whenever any member of the fifth grade shall have done service therein for one year, he shall be advanced to the fourth grade. Whenever any member of the fourth grade shall have done service therein for one year, he shall be ad- vanced to the third grade. Whenever any member of the third grade shall have done service therein for six months, he shall be advanced to the second grade. And any member of said force who shall have served six months in the second grade, shall become a member of the first grade. But no such patrol- man shall be so advanced as aforesaid, except after examina- tion and approval by the poHce commissioner of his record, efficiency, and conduct. The annual pay or compen- sation of the members of the police force who are patrolmen, as aforesaid, shall be as follows: For members of the first grade, at the rate of not less than one thousand four hundred dollars each; for members of the second grade, at the rate of not less than one thousand three hundred and fifty dollars each; for members of the third grade, at the rate of not less than one thousand two hundred and fifty dollars each; for members of the fourth grade, at the rate of not less than one thousand one hundred and fifty dollars each; for members of the fifth grade, at the rate of not less than one thousand dol- lars each; for members of the sixth grade, at the rate of not less than nine hundred dollars each; for members of the seventh grade, at the rate of not less than eight hundred dollars each. The pay or compensation aforesaid shall be paid monthly to each person entitled thereto, subject to such deduc- CHiARTEB OF KEW YORK CITY. 127 tions for or on account of lost time, sickness, disability, ab- sence, tines, or forfeitures, as the police department may, by rules and regulations, from time to time prescribe or adopt. Nothing in this section contained shall be construed to change in any way the salaries or grading, present or prospective, oi the patrolmen or policemen who are or become members of the New York police force prior to January first, eighteen hundred and ninety-eight. All other patrolmen or policemen of the various police forces consolidated into a single force by the provisions of this act, shall belong, so far as pay or compensation is concerned, to the grade indicated by the pay or compensation which they are respectively receiving on Jan- uary first, eighteen hundred and ninety-eight. But nothing in this section contained shall be construed to affect in any other way the rights and privileges secured under the provi- sions of this act to the members of the various police forces consolidated into a single force by this act. The date for the eligibility of any member of the forces transferred to the con- solidated force by sections two hundred and seventy-seven, two hundred and seventy-eight, two hundred and seventy-nine and two hundred and eighty of this act for advancement to the next grade, shall be the day of the year on which he was originally appointed to the force from which he was trans- ferred; and any member of the forces so transferred not a member of the New York police force prior to January first, eighteen hundred and ninety-eight, whose salary falls between two grades, shall receive the salary of and be assigned to the grade next above the salary he is receiving at the time of transfer. Salaries of all officers in the forces so transferred, other than officers in the New York police prior to January first, eighteen hundred and ninety-eight, shall be equalized on the same basis. If the difference in pay is not more than fifty dollars, the pay shall be equalized at once. If the difTerence is more than fifty dollars, the pay shall be made uniform with- in three years by equal annual additions. Police commissioner; rules, etc., for government and discipline of police department and police force; trials, dismissals. § 300. The poHce commissioner is authorized and empowered to make, adopt and enforce rules, orders and regu- lations for the government, discipline, administration and disposition of the police department and police force and the members thereof. He shall have power and is author- ized to adopt rules and regulations for the examination, hear- LAWS OF NEW YOEK. ing, investigation and determination of charges made or pre ferred against any member or members of the said poHce force, but no member or members of the poHce force ex- cept as otherwise provided in this chapter shall be fined, reprimanded, removed, suspended or dismissed from the police force until written charges shall have been made or preferred against him or them, nor until such charges have been examined, heard and investigated before the police com missioner or one of his deputies, upon such reasonable notice to the member or members charged, and in such manner of procedure, practice, examination and investigation as the said commissioner may, by rules and regulations, from time to time prescribe. The trial of any member of the police force upon charges shall be held in the borough within which the accused member was serving at the time the charge was pre- ferred. Any member of the police force who may here- after become insane or of unsound mind, so as to be unable or unfit to perform full police service or duty, may be removed and dismissed from the police force by the commissioner. Police commissioner, etc., may issue subpoenas; who may administer oaths. § 301. The police commissioner and his deputies shall have power to issue subpoenas, attested in the name of the police commissioner, and to exact and compel obedience to any order, subpoena or mandate issued by them, and to thai end may institute and prosecute any proceedings or action authorized by law in such cases. He or either of his deputies may in proper cases issue subpoenas duces tecum. Such police commissioner may devise, make and issue process and forms of proceedings to carry into effect any powers or juris- diction possessed by him. The police commissioner, each of his deputies, each deputy chief of police, the chief clerk and first deputy clerk of said police department are hereby authorized and empowered to administer oaths and affirmations in the usual or appropriate forms, to any person in any matter or proceedings authorized as aforesaid, and in all matters pertaining to the police depart- ment, or the duties of any officer or other person in matters of or connected with said department and to administer oaths of office which may be taken or required in the administration or affairs of said department, and to take and administer oaths and affirmations, in the usual or appropriate forms, in takin^; CHARTER OF NEW YORK CITY. 120 any affidavit or deposition which may be necessary or required by law or by any order, rule, or regulation of the police com- missioner for or in connection with the official pur- poses, affairs, powers, duties or proceedings of said police department, or of said police commissioner, or mem- ber of the police force, or any official purpose law- fully authorized by said commissioner. Any person making a complaint that a felony or misdemeanor has been committed may be required to make oath or affirmation thereto, and for this purpose the police commissioner, each of his deputies, the deputy chiefs of police, the chief clerk, or deputy clerks of the police department, the inspec- tors, captains and sergeants of police shall have power to administer oaths and affirmations. Police commissioner; punishments by; limitations of suits for re^ instatements, etc. § 302. The police commissioner shall have power, in his discretion, on conviction by him or by any court or officer of competent jurisdiction, of a mem- ber of the force of any criminal offense, or neglect of duty, violation of rules, or neglect or disobedience of orders, or absence without leave, or any conduct injurious to the public peace or welfare, or immoral conduct or conduct unbecom- ing an officer, or any breach of discipline, to punish the of- fending party by reprimand, forfeiting and withholding pay for a specified time, suspension, without pay during such suspension, or by dismissal from the force ; but no more than thirty days' pay or salary shall be forfeited or deducted for any offense. All such forfeitures shall be paid forthwith to the treasurer of the department to the account of the police pension fund. The police commissioner is also au- thorized and empowered, in his discretion, to deduct and withhold pay, salary or compensation from any member or members of the police force, for or on account of absence for any cause without leave, lost time, sickness or other disa- bility, physical or mental; provided, however, that the pay, salary or compensation so deducted and withheld shall not, except in case of absence without leave, exceed one-half thereof for the period of such absence, any act or law to the contrary notwithstanding; and said police commissioner is authorized and empowered from time to time to make and prescribe rules and regulations to carry into effect and enforce the provisions of this section. No action, suit 130 LAWS OF NEW YOKK. or proceeding, either at law or in equity, shall be commenced or maintained against the police department, or any member thereof, or against the poHce commissioner, or against the mayor, or against The City of New York by any member or officer, or former member or oft'icer of or belonging to the police force or department of said city to recover or compel the payment of any salary, pay, money or compensation for or on account of any service or duty, or to recover any salary, compensa- tion or moneys, or any part thereof forfeited, deducted or withheld for any cause, unless such action, suit or proceedings shall be commenced within two years after the cause of action shall have accrued; pro- vided that causes of action or proceedings which shall have heretofore accrued may be begun or brought within six years after the same shall have accrued and within two years after the passage of this act ; but nothing in this section con- tained shall be construed or held to extend the time in which causes of action or proceedings which shall have heretofore accrued must be brought, and no proceeding shall be brought to procure the restoration or reinstatement to said police force or department of any member or officer thereof, unless said proceeding shall be instituted within four months after the decision or order sought to be reviewed. Said proceed- ing when so brought shall be placed upon the calendar by the party instituting the same, for hearing, for a term of the court not later than the second term after the filing of the answer or return in said proceeding, and of service of notice of said filing upon the party instituting said proceeding. And in the event of the failure of the party instituting the said proceeding to place the said proceeding upon the said calendar, then the said proceeding shall be dismissed for want of prosecution upon application to that effect by the corpora- tion counsel, unless the court for good and sufficient cause shall otherwise order. Police force; resignations and absences on leave. § 303. No member of the police force, under penalty of forfeiting the salary or pay which may be due him. shall with- draw or resign, except by permission of the police commis- sioner. Absence, without leave, of any member of the police force for five consecutive days shall be deemed and held to be a resignation, and the member so absent shall, at the expiration of said period cease to be a member of the CHARTER OF NEW YORK CITY. 131 police force and be dismissed tlierefiom without notice. No leave of absence exceeding twenty days in any one year shall hereafter be granted or allowed to any member of the police force, except upon the condition that such member shall waive and release not less than one-half of all salary, pay or compensation and claim thereto during such absence. Police commissioner; rewards to informers. § 305. The poHce commissioner shall have authority to offer rewards to induce all classes of persons to give information which shall lead to the detection, arrest and conviction of persons guilty of homicide, arson, or receiv- ing stolen goods, knowing them to be stolen : and to pay such rewards to such persons as shall give such information. But no such reward shall be offered unless there be an amex- pended appropriation therefor made by the board of estimate and apportionment, which shall make the necessary appro- priation for such purpose. Police force; gratuities and political contributions forbidden; may be permitted to obtain rewards. § 306. No member of the poHce force or employe of the police department shall, under any pretense whatsoever, share in, for his own benefit, any present, fee, gift or emolu- ment for police services, or for services of the police depart- ment or any member thereof, additional to his regular sal- ary,, pay or compensation. The police commissioner for meritorious and extraordinary services rendered by any member of the police force in due discharge of his- duty, may permit such member of the poHce force to retain for his own benefit any reward or present, or some part thereof, ten- dered him therefor ; and it shall be cause for removal irom the police force for any member thereof to receive any such reward or present without notice thereof to the police com- missioner. Upon receiving said notice, the police commissioner may either order the said member to retain the same, or shall dispose of it for the benefit of the police pension fund. No person in the police force shall be permitted to contribute any moneys, directly or indirectly, to any political fund, or to join or be or become a member of any political club or association or any club or association intended to affect legislation for or on behalf of the police department or any member thereof, or to con- tribute any funds for such purpose. LAWS OF NEW YORK. Id.; detail of policemen at polls. § 307. It shall be the duty of the police commis- sioner to detail, or to cause to be detailed on election day, at least two patrolmen at each election poll. It shall be the duty of the poHce force, or any member thereof, to prevent any booth, or box, or structure for the distribution of tickets at any election from being erected or maintained within one hundred and fifty feet of any polling place within the city, and summarily to remove any such booth, box or structure, or to close and prevent the use thereof. Id.; special patrolmen; when may be appointed; military assistance. § 308. The police commissioner may, upon an emerg- ency or apprehension of riot, tumult, mob, insurrection, pestilence or invasion, appoint as many special patrolmen without pay from among the citizens as he may deem desirable. The mayor, or, in case of his failure so to do, the governor may demand the assistance of the militia of the state within the city, or of any brigade, regiment or company thereof, by order in writing served upon the commanding officer of any brigade and such commanding officer shall obey such order. Special patrolmen, appointed in pursuance of law, may be dismissed by order of the police commis- sioner; and while acting as such special patrolmen shall possess the powers, perform the duties, and be subject to the orders, rules and regulations of the police department in the same manner as regular patrolmen. Every such special patrol- man shall wear a badge, to be prescribed and furnished by the police commissioner. No transfer, detail or assign- ment to special duty of any member of the police force, except in cases authorized or required by law, shall hereafter be made or continued, except for police reasons and in the interests of police service; provided, however, that the police commissioner may, whenever the exigencies of the case require it, make detail to special duty for a period not exceeding three days, at the expiration of which the member or members so detailed shall report for duty to the officer of the command from which the detail was made. The police commissioner, when- ever expedient, may on the application of any person or per- sons, corporation or corporations, showing the necessity there- for, appoint and swear any number of special patrolmen to do special duty at any place in The City of New York upon the CHARTER OF NEW YORK CITY. 133 person or persons, corporation or corporations by whom the appHcation shall be made, paying, in advance such special patrolmen for their services, and upon such special patrolmen, in consideration of their appointment, sign- ing an agreement in writing releasing and waiving all claim whatever against the police department and The City of New York for pay, salary or compensation for their services and for all expenses connected therewith; but the special patrol- men so appointed shall be subject to the orders of the chief of police and shall obey the rules and regulations of the poHce department and conform to its general discipline and to such special regulations as may be made and shall during the term of their holding appointment possess all the powers and discharge all the duties of the police force, applicable to regular patrolmen. The special patrolmen so appointed may be removed at any time by the police commissioner without assigning cause therefor, and nothing in this section contained shall be construed to constitute such special patrol- men members of the police force, or to entitle them to the privilege of the regular members of the force, or to receive any salary, pay, compensation or moneys whatever from the said police department or The City of New York, or to share in the police pension fund. Police commissioner; detail persons to attend courts. § 309. It shall be the duty of the police commissioner to cause some intelligent and experienced person con- nected with the police force to attend at the courts of the city in cases where there is need of such assistance, who shall, to such extent as the rules of the board of magistrates may reasonably require, aid in bringing the facts before the magis- trates in proceedings pending in such police courts. Police department to co=operate with department of health. §310. It shall be the duty of the police department (and of its officers and men, as said police commissioner shall direct) to promptly advise the department of health of all threatened danger to human life and health, and of all matters thought to demand its attention, and to regularly report to said department of health all violations of its rules and ordinances, and of the health laws, and all useful sanitary information. Said department shall, so far as practicable and appropriate, co-operate for the promotion of the public 184 LAWS OF NEW YORK. health and the safety of human Hfe in said city. It shall be the duty of said police department, by and through its proper officers, agents and men, to faithfully and at the proper time enforce and execute the sanitary rules and regulations, and the orders of said department of health (made pursuant to the power of said department of health), upon the same being received in writing and duly authenticated as said department of health may direct. Said police department is authorized to employ and use the appropriate persons and means, and to make the necessary expenditures for the execution and en- forcement of said rules, orders, and regulations, and such expenditures, so far as the same may not be refunded or com- pensated by the means herein elsewhere provided, shall be paid as the other expenses of said department of health are paid. In and about the execution of any order of the department of health, or of the police department made pursuant thereto, police officers and policemen shall have as ample power and authority as when obeying any order of or law applicable to the police department; but for their conduct they shall be responsible to the police department and not to the department of health. The department of health may, with the consent of the police department, impose any portion of the duties of subordinates in said department upon subordi- nates in the police department. Police force; arrests for violation of health laws. § 311. Any member of the police force may arrest without warrant any person who shall, in view of such member, violate, or do, or be engaged in doing or committing in said city, any act or thing forbidden by chapter nineteen of this act, or by any law or by any ordinance the authority to enact which is given by this act or any other statute or who shall, in such presence, resist or be engaged in resisting the lawful enforcement of any such law or ordinance or any official order made pursuant to any statute of this state. And any person so arrested shall thereafter be treated, disposed of and punished as any other person duly arrested for a misdemeanor unless other provision is made for the case by law. Id.; detail of officers and men to assist department of health. § 312. The police commissioner, upon the requi- sition of the board of health, shall detail to the service of the said department of health for the purpose of the enforcement CHARTER OF NEW YORK CITY. 135 of the provisions of the sanitary code, and of the acts relating to tenement and lodging houses, not less than fifty nor more than one hundred suitable officers and men of experience of at least five years' service in the police force. At least thirty of the officers and men so detailed shall be em- ployed exclusively in the enforcement of the laws relating to tenement and lodging houses. These officers and men shall belong to the sanitary company of police, and shall report to the board of health. The board of health may report back to the police department for punishment any member of said com- pany guilty of any breach of order or discipline, or of neglect- ing his duty, and thereupon the police commissioner shall detail another officer or man in his place, and the disci- pline of the said members of the sanitary company shall be in the jurisdiction of the police department, but at any time the board of health may object to any member of said sanitary company on the ground of inefficiency, and thereupon another officer or man shall be detailed in his place. Id.; detail of officers and men to assist the department of public parks. §313. The police commissioner, upon the requisition of the park board, shall from time to time detail to the service of the department of parks, for the enforcement of the park ordinances and for the maintenance of good order in the parks, so many suitable officers and men as in the judgment of the police commissioner are necessary. Such officers and men shall continue to be in all respects an integral part of the police force of the city and shall be paid out of the funds appro- priated for the support of the police department. These offi- cers and men shall constitute the park police so long as their detail lasts, and shall report to the park commissioner in charge of the parks in which they serve. Each commissioner of parks may report back to the police department for punishment any member of said park police force guilty of any breach of orders or discipline, or of neglecting his duty, and thereupon the police commissioner may detail another officer or man in his place; and the discipline of the said members of the park police shall be in the jurisdiction of the police department, but at any time either commissioner of parks may object to the inefficiency of any member of said park police serving in any park under his charge and thereupon another officer or man may be detailed in his place. 136 LAWS OF NEW YORK. Id.; detail of officers and men to assist the department of bridges. §314. The police commissioner, upon the requisition of the commissioner of bridges shall from time to time detail to the service of the department of bridges for the enforcement of the ordinances regulating travel over any of the bridges and for the maintenance of good order thereon, so many suitable officers and men as in the judgment of the police commissioner are necessary. Such officers and men shall continue to be in all respects an integral part of the police force of the city and shall be paid out of the funds appropriated for the support of the police department. These officers and men shall constitute the bridge police so long as their detail lasts, and shall report to the commissioner of bridges. The commissioner of bridges may report back to the police commissioner for punishment any member of said bridge police force guilty of any breach of orders or discipline, or of neglecting his duty, and thereupon the police commissioner may detail another officer or man in his place; and the discipline of the said members of the bridge police shall be in the jurisdiction .of the police department, but at any time the commissioner of bridges may object to the in- efficiency of any member of said bridge police and thereupon another officer or man may be detailed in his place. Id.; duties of. § 315. It is hereby made the duty of the police department and force, at all times of day and night, and the members of such force are hereby thereunto empowered, to especially pre- serve the public peace, prevent crime, detect and arrest offenders, suppress riots, mobs and insurrections, disperse unlawful or dangerous assemblages, and assemblages which obstruct the free passage of public streets, sidewalks, parks and places; protect the rights of persons and property, guard the public health, preserve order at elections and all public meetings and assemblages; regulate the movement of teams and vehicles in streets, bridges, squares, parks and public places, and remove all nuisances in the public streets, parks and highways; arrest all street mendicants and beggars; pro- vide proper police attendance at fires ; assist, advise, and protect emigrants, strangers and travelers in public streets, at steam- boat and ship landings, and at railroad stations; carefully observe and inspect all places of public amusement, all places of business having excise or other licenses to carry on any CHARTER OF NEW YORK CITY. 137 business; all houses of ill-fame or prostitution, and houses where common prostitutes resort or reside; all lottery offices, policy shops, and places where lottery tickets or lottery poli- cies are sold or offered for sale ; all gambling-houses, cock-pits, rat-pits, and public common dance-houses, and to repress and restrain all unlawful and disorderly conduct or practices there- in; enforce and prevent the violation of all laws and ordi- nances in force in said city ; and for these purposes, to arrest all persons guilty of violating any law or ordinance for the sup- pression or punishment of crimes or offenses. Id.; general powers over certain trades. § 316. The police commissioner and each of his deputies and each deputy chief of poHce, and each inspector in his district, and each captain of poHce within his precinct shall possess powers of general police su- pervision and inspection over all licensed or unlicensed pawn- brokers, venders, junkshop keepers, junk-boatinen, cart- men, dealers in second-hand merchandise, intelligence-office keepers, and auctioneers, within the said city ; and in the ex- ercise of said supervision, may from time to time empower members of the police force to fulfill such special duties in the aforesaid premises as may be from time to time ordained by the police board. Thu said police com- missioner and each of his deputies and each deputy chief of police, and each inspector in his district and each captain within his precinct, may, by authority in writing, em- power any member of the poHce force, whenever such mem- ber shall be in search of property feloniously obtained, or in search of suspected offenders, or evidence to convict any per- son charged with crime, to examine the books of any pawn- broker, or his business premises, or the business premises of any licensed vender, or licensed junk-shop keeper, or dealer in second-hand merchandise, or intelligence-office keeper, or auctioneer, or boat of any junk-boatman, and to examine prop- erty alleged to be pawned, pledged, deposited, lost or stolen, in whosesoever possession said property may be; but no such property shall be taken from the possessor thereof without due process or authority of law. Id.; may examine pawnbrokers' books. § 317. The police commissioner, each of his deputies, the inspectors of police, and captains of police and persons acting 138 LAWS OF NEW YOKK. by their, or by either of their orders, shall have power to ex- amine the books of any pawnbroker, his clerk or clerks, if they deem it necessary, when in search of stolen property, and any person having in his possession a pawnbroker's ticket shall, when accompanied by a policeman, or by an order from the police commissioner or either of his deputies, or an in- spector of police, or a captain of police, be allowed to examine the property purporting to be pawned by said ticket; but no property shall be removed from the pos- session of any pawnbroker without the process of law re- quired by the existing laws of this state, or the laws and ordi- nances of the city regulating pawnbrokers. A refusal or neglect to comply in any respect with the provisions of this section, on the part of any pawnbroker, his clerk or clerks, shall be deemed a misdemeanor, and punishable as such. Id.; suppression of gaming and other houses. § 318. If any two or more householders shall report in writing, under their signature, to the police commissioner or to a deputy police commissioner, that there are good grounds (and stating the same) for believing any house, room or premises within the said city to be kept or used as a common gambHng-house com- mon gaming-room, or common gaming premises, for therein playing for wagers of money at any game of chance, or to be kept or used for lewd and obscene purposes or amusements, or the deposit or sale of lottery tickets or lottery policies, it shall be lawful for the police commissioner or either of his deputies or a deputy chief of po'ice to authorize, in writing, any member or members of the police force to enter the same, who may forthwith arrest all persons there found offending against law, but none others; and seize all implements of gaming, or lottery tickets, or lottery policies, and convey any person so arrested before a magistrate, and bring the articles so seized to the office of the property clerk. It shall be the duty of the said police commissioner or deputy police commissioner or deputy chief of police to cause such arrested person to be rigorously prosecuted, and such articles seized to be destroyed, as the orders, rules and regulations of the police commissioner shall direct. CHARTER OF NEW YOKK CITY. 139 Police commissioner; to furnish station houses, etc., and fix boun- daries of precincts; headquarters. § 320. The police commissioner shall from time to time with the authority of the commissioners of the sinking fund, establish, provide and furnish stations and station houses, or sub-stations and sub-station houses, at least one to each precinct, for the accommodation thereat of members of the police force, and as places of tem- porary detention for persons arrested and property taken within the precinct; and shall also provide and furnish such business accommodations, apparatus and articles, and pro- vide for the care thereof, as shall be necessary for the depart- ment of police and the transaction of the business of the de- partment. The said police commissioner is hereby authorized and empowered to furnish horses and wagons, to be known as patrol wagons, which said horses and wagons shall be under the custody, control and care of said police de- partment, for the exclusive use thereof. The board of esti- mate and apportionment and the board of aldermen are directed to appropriate a sufficient sum money in each and every year, for the purpose of fur- nishing such horses, wagons and apparatus connected there- with, and the maintenance thereof, and for the other pur- poses authorized by this section. The number and bounda- ries of the precincts shall be fixed by the police commis- sioner. There may be one headquarters or central station, established and located by said police commissioner in any borough into which The City of New York is divided by this act. The said police commissioner shall apply to and use for the purposes mentioned in this section, the property and premises which shall come into his possession, or under his control, by virtue of section two hundred and seventy-five of this act, so far as suitable for the purpose in his judgment, and available therefor. Id.; to provide accommodations for detention of witnesses. § 321. The police commissioner shall, where not othenvise provided by law, and as authorized by the board aldermen, provide suitable accommodations and sup- plies for the detention of witnesses who are unable to furnish security for their appearance in criminal proceedings, other than children actually or apparently under the age of sixteen years, to be called the house for the deten- tion of witnesses; and such accommodation shall be in prem- 140 LAWS OF NEW YORK, ises other than those employed for the confinement of persons charged with crime, fraud or disorderly conduct. And it shall be the duty of all magistrates, when committing witnesses in -default of bail, to commit them to such house for detention of witnesses. The board of estimate and apportionment and the board of aldermen shall in each and every year appropri- ate a sufificient sum of money to defray the expenses author- ized by this section. And said police commissioner shall ap- ply to and use for such purposes the property and premises which shall come into his possession or under his control by section two hundred and seventy-five of this act, so far as the same may be available, and, in his judgment, suitable therefor. Id.; may maintain and operate telegraph and telephone lines, and use same in assisting department of health. § 323. The police commissioner shall have power to erect, operate, supply and maintain, under the general laws of the state relating to telegraphs, all such lines of telegraph and telephone to and between such places in the city as for the pur- poses and business of the police the commissioner shall deem necessary. The police commissioner may procure all instru- ments, fixtures, property and materials for the purpose above mentioned, and control the same, but the cost thereof shall be chargeable to general expenses of police. The police com- missioner is hereby permitted to use the said telegraph and telephone lines to aid him in facilitating the operations of the department of health, and when so used, the expense thereof shall be charged to the said department of health. Id.; may use boats; establish mounted patrol, sell old property, etc. § 324. In the performance of police service in any precinct or precincts, comprising waters of the harbor, the police com- missioner may procure and use and employ such rowboats, steamboats, and boats propelled by other power as shall be deemed necessary and proper. In rural or sparsely inhab- ited precincts he may establish a mounted patrol and pro- cure and use and employ so many horses and equip- ments as shall be requisite for the purpose; and he shall procure and cause to be used teams and vehicles to transport prisoners, supplies and property, whenever the use of teams and vehicles for such purposes shall be proper and tend to preserve the public peace and decency. The police commis- sioner may sell and dispose of, in accordance with law, any CHARTER OF NEW YORK CITY. 141 personal property owned or used in the department, when- ever such property shall have become old and unfit and shall not be required for service, and he shall have authority to detail and employ patrolmen in any duty or service, other than patrol duty, which may be necessary and proper to enable the department to exercise the powers and perform the duties and business imposed and required by law. Stolen property; property clerk; employment of and duties. § 331. The police commissioner shall employ some per- son as clerk, who shall be designated property clerk, to take charge of all property alleged to be stolen or embezzled, and which may be brought into the police office, and all prop- erty taken from the person of a prisoner, and all property or money alleged or supposed to have been feloniously obtained, or which shall be lost or abandoned, and which shall be taken into the custody of any member of the police force or criminal court in The City of New York, or which shall come into the custody of any magistrate or officer, shall be, by such member or magistrate, or by order of said court, given into the custody of and kept by the said property clerk. All such property and money shall be described and registered by said property clerk in a book kept for that purpose, which shall contain the name of the owner or claimant if ascertained, the place where found, the name of the person from whom taken, with the general circumstances, the date of its receipt, the name of the officer recovering the same,' a description thereof, the names of all claimants thereto, and any final disposition of such property or money. The said police commissioner may prescribe reg- ulations in regard to the duties of the clerk so desig- nated, and require and take security for the faithful perform- ance of the duties imposed by this section, but all animals strayed, lost or stolen, which shall come into the possession of the said property clerk shall by him be transferred and sent to the public pound, in said city, anything herein contained to the contrary notwithstanding. Id.; return of property to person accused. § 332. Whenever property or money taken from any person arrested shall be alleged to have been feloniously obtained, or to be the proceeds of crime, and brought, with all ascertained claimants thereof, and the person arrested, before some magis- trate for adjudication, and the magistrate shall be then and 142 LAWS OF NEW YORK. there satisfied from evidence that the person arrested is inno- cent of the offense alleged^ and that the property rightfully belongs to him, then said magistrate may thereupon, in writ- ing, order such property or money to be returned, and the property clerk, if he have it, to deliver such property or money to the accused person himself, and not to any attorney, agent, or clerk of said accused person. Id.; claim to by another person. § 333. If any claim to the ownership of such property or money shall be made on oath before the magistrate, by or in behalf of any other persons than the person arrested, and the said accused person shall be held for trial or examination, such property or money shall remain in the custody of the property clerk until the discharge or conviction of the person accused and until lawfully disposed of. Unclaimed, lost, stolen, etc., property, to be registered and advertised. § 334. All property or money taken on suspicion of having been feloniously obtained, or of being the proceeds of crime, and for which there is no other claimant than the person from whom such property was taken, and all lost property coming into the possession of any member of the said police force, and all property and money taken from pawnbrokers as the pro- ceeds of crime, or by any such member from persons supposed to be insane, intoxicated or otherwise incapable of taking care of themselves, shall be transmitted, as ^oon as practicable, to the property clerk, to be registered and advertised in the City Record for the benefit of all persons interested, and for the information of the public, as to the amount and disposition of the property so taken into custody by the police. Id.; to be sold if unclaimed. § 335. If the property stolen or embezzled be not claimed by the owner, before the expiration of six months from the con- viction of a person for stealing or embezzling it, the officer having it in his custody must, on payment of the necessary expenses incurred in its preservation, deliver the same to the property clerk. The property so delivered to said property clerk, and all such other property, securities, moneys, things, or choses in action, that shall remain in the custody of the property clerk for the period of six months without any lawful claimant thereto, after having been advertised in the City CHARTER OF NEW YORK CITY. 143 Record for the period of ten days, may be sold at public auction in a suitable room to be designated for such purpose, and the proceeds of such sale shall be paid into the police pension fund. No property shall be delivered to the property clerk or at the central office of the police department, except as provided by law. Stolen property desired as evidence in criminal court. § 336. If any property or money placed in the custody of the property clerk shall be desired as evidence in any police or other criminal court, such property shall be delivered to any officer who shall present an order to that effect from such court. Such property, however, shall not be retained in said court, but shall be returned to such property clerk to be dis- posed of according to the previous provisions of this chapter. Police force; arrests without warrant. § 337. The several members of the police force shall have power and authority to immediately arrest, without warrant, and to take into custody, any person who shall commit, or threaten, or attempt to commit, in the presence of such mem- ber, or within his view, any breach of the peace or offense directly prohibited by act of the legislature, or by any ordi- nance made by lawful authority. The members of the police force shall possess in The City of New York and in every part of this state, all the common law and statutory powers of con- stables, except for the service of civil process, and any warrant for search or arrest, issued by any magistrate of this state, may be executed, in any part thereof, b}^ any member of the police force, and all the provisions of sections seven, eight and nine of chapter two, title two, part four of the revised statutes, in relation to the giving and taking of bail, shall apply to this chapter. Id.; returns of arrests; accused to be taken before magistrate. § 338. In every case of arrest by any member of the police force, the same shall be made known immediately to the superior on duty in the precinct wherein the arrest was made, by the person making the same ; and it shall be the duty of the said superior, within twenty-four hours after such notice, to make written return thereof, according to the rules and regu- lations of the police department, with the name of the party arrested, the alleged offense, the time and place of arrest, and 144 LAWS OF NEW YORK. the place of detention. Each member of the police force, under the penalty of ten days' fine, or dismissal from the force, at the discretion of the police commissioner shall, im- mediately upon an arrest, convey in person the offender before the nearest sitting magistrate, that he may be dealt with according to law. If the arrest is made during the hours that the magistrate does not regularly hold court, or if the magistrate is not holding .court, such offender may be detained in a precinct or station-house thereof, until the next regular public sitting of the magistrate, and no longer, and shall then be conveyed without delay before the magistrate, to be dealt with according to law. And it shall be the duty of the said police commissioner, from time to time, to provide suitable" rules and regulations to prevent the undue detention of persons arrested, which rules and regulations shall be as operative and binding as if herein specially enacted, subject, however, to the order of the court committing the person arrested. Penalty for personating policeman, and for willful neglect of police. § 339- It shall be a misdemeanor, punishable by imprison- ment in the penitentiary for not less than one year, nor exceed- ing two years, or by a fine of not less than two hundred and fifty dollars, or the forfeiture of his position, for any member of the police force to wilfully neglect to make any arrest for an offense against the law of the state, or any ordinance in force in The City of New York, and it shall be a misde- meanor, punishable in like manner, for any person not a mem- ber of the police force to falsely represent himself as being such a member, with a fraudulent design upon persons or property, or upon any day or time to have, use, wear or dis- play, without specific authority from the police department, any uniform, shield, buttons, wreaths, numbers or other insignia or emblems in any wise resembling such as are worn by members of the police force ; and the said police department is hereby authorized and directed, from time to time, to pre- scribe the uniform, shields, emblems, insignia and weapons to be worn, displayed and used, and to regulate the wearing, dis- play and use thereof, by any and all persons, excepting mar- shals and the sheriff, his under sheriff and deputies authorized under the laws of this state, to make arrests for any cause in The City of New York. CHARTER OF NEW YORK CITY. 145 Misdemeanor for persons not members of police force to serve criminal process. § 340. It shall be a misdemeanor for any person not being a regular member of the police established in any city of this state, or a member of the police force of The City of New York, or a constable of this state, or a police constable, or assistant police constable, or United States marshal, or other peace officer of this state, or a sheriff, or one of the usual gen- eral deputies of any sheriff of this state, to serve any criminal process within the said city. Exemption from military and jury duty, and civil process. § 341. No person holding office under this department shall be liable to military or jury duty, and no officer or pa- trolman while actually on duty shall be liable to arrest on civil process, or to service of subpoena from civil courts. Steam boilers; inspection of; not to be operated without certificate. § 342. Every owner, agent or lessee of a steam boiler or boilers in use in The City of New York shall annually, and at such convenient times and in such manner and in such form as may, by rules and regulations to be made there- for by the police commissioner be provided, report to the said department the location of each steam boiler or boilers, and thereupon, and as soon thereafter as practicable, the sanitary company or such member or members thereof as may be competent for the duty herein described, and may be detailed for such duty by the poHce commissioner shall proceed to inspect such steam boilers, and all apparatus and appliances connected therewith; but no person shall be detailed for such duty except he be a practical engineer, and the strength and security of each boiler shall be tested by atmospheric and hydrostatic pressure and the strength and security of each boiler or boilers so tested shall have, under the control of said sanitary company, such attachments, ap- paratus and appliances as may be necessary for the limitation of pressure, locked and secured in like manner as may be from time to time adopted by the United States inspectors of steam boilers or the secretary of the treasury, according to act of congress, passed July twenty-fifth, eighteen hundred and sixty-six ; and they shall limit the pressure of steam to be applied to or upon such boiler, certifying each inspection and such limit of pressure to the owner of the boiler inspected, 146 LAWS OF NEW YORK. and also to the engineer in charge of same, and no greater amount of steam or pressure than that certified in the case of any boiler shall be applied thereto. In limiting the amount of pressure, wherever the boiler under test will bear the same, the limit desired by the owner of the boiler shall be the one certified. Every owner, agent or lessee of a steam boiler or boilers in use in The City of New York shall, for the inspection and testing of such or each of such boilers, as provided for in this act, and upon receiving from the police department a certificate setting forth the location of the boiler inspected, the date of such inspection, the persons by whom the inspection was made, and the limit of steam pres- sure which shall be applied to or upon such boiler or each of such boilers, pay annually to the police commissioner for each boiler, for the use of the police pension fund, the sum of two dollars, such certificate to continue in force for one year from the granting thereof when it shall expire, unless sooner revoked or sus- pended. Such certificate may be renewed upon the payment of a like sum and like conditions, to be applied to a like pur- pose. It shall not be lawful for any person or persons, cor- poration or corporations, to have used or operated within The City of New York any steam boiler or boilers except for heating purposes and for railway locomotives, without having first had such boiler or boilers inspected or tested and procured for such boiler or each of such boilers so used or operated the certificate herein provided for. The superin- tendent and inspectors of boilers, in the employ of the police department, in the city of Brooklyn, and the boiler inspect- ors in Long Island City, shall continue to discharge the du- ties heretofore devolved upon them, subject, however, to re- moval for cause, or when they are no longer needed. Id.; no person to use, or act as engineer for, without certificate. § 343. It shall not be lawful for any person or persons to operate or use any steam boiler to generate steam except for railway locomotive engines, and for heating purposes in pri- vate dwellings, and boilers carrying not over ten pounds of steam and not over ten horse-power, or to act as engineer for such purposes in The City of New York without having a certificate of qualification therefor from practical engineers detailed as such by the police department, such certificate to be countersigned by the officer in command of the sani- tary company of the police department of The City of New CHARTER OF NEW YORK CITY. 147 York and to continue in force one year, unless sooner re- voked or suspended. Such certificate may be revoked or suspended at any time by the police commissioner upon the report of any two practical engineers, detailed as provided in this section, stating the grounds upon v^hich such certificate should be revoked or suspended. Where such certificate shall have been revoked, as provided in this sec- tion, a Hke certificate shall not in any case be issued to the same person within six months from the date of the revoca- tion of the former certificate held by such person. Id.; record of inspections to be kept. § 344. A correct record in proper form shall be kept and preserved of all inspections of steam boilers made under the direction of the police board, and of the amount of steam or pressure allowed in each case, and in cases where any steam boiler or the apparatus or appliances connected therewith shall be deemed by the department, after inspection, to be insecure or dangerous, the department may prescribe such changes and alterations as may render such boilers, apparatus and appli- ances secure and devoid of danger. And in the mean time, and until such changes and alterations are made and such appliances attached, such boiler, apparatus and appliances may be taken under the control of the police departrrient and all persons prevented from using the same, and in cases deemed necessary, the appliances, apparatus or attachment for the limitation of pressure may be taken under the control of the said police department. Id.; over=pressure forbidden; owner neglecting to report boiler. § 345. It shall not be lawful for any person or persons to apply or cause to be applied to any steam boiler a higher pres- sure of steam than that limited for the same in accordance with the provisions of this chapter and any person violating the provisions of the last preceding section shall be guilty of a misdemeanor. In case any owner of any steam boiler in the said city shall fail or omit to have the same reported for inspection, as provided by law, such boiler may be taken under the control of the police department and all persons prevented from using the same until it can be satisfactorily tested, as hereinbefore provided for, and the owner shall, in such case, be charged with the expense of so testing it. 148 LAWvS OF NEW YORK. Special patrolmen for district telegraph companies. § 350. The police commissioner is hereby authorized, in addition to the poUce force now authorized by law, to appoint a number of persons, not exceeding three hundred, who may be designated by any company which may be operating a system of signaHng by telegraph to a central office for police assistance, to act as special patrolmen in con- nection with such telegraphic system. And the persons so appointed shall, in and about such service, have all the powers possessed by the members of the regular force, except as this may be limited by the regulations of the police commissioner, and they shall be subject to the supervision and control of the police department. No person shall be appointed as such special patrolman who does not possess the qualifica- tions which may be required by the police commissioner for such special service; and the persons so appointed shall be subject, in case of emergency, to do duty as a part of the regular police force. The police commissioner shall have power to revoke any such appointment or appoint- ments at any time, and every person so appointed shall wear a badge and uniform, to be furnished by such company and approved by the police department. Such uniform shall be designated at the time of the first appointment under this sec- tion, and shall be the permanent uniform to be worn by said special police. The pay of such special patrolmen and all ex- penses connected with their service shall be wholly paid by such company or companies, and no expense or liability shall at any time be incurred or paid by the police department for, or by reason of, the services of the persons so as aforesaid appointed. Police pension fund; police commissioner trustee of; powers over. § 351. The police commissioner shall be the trustee of the police pension fund hereinafter mentioned, and shall be treas- urer of the pension fund. He shall, before entering upon his duties as treasurer thereof, execute and deliver to the comp- troller of The City of New York, a bond in the penal sum of one hundred thousand dollars, to be approved by the comp- troller of The City of New York, and conditioned for the faithful discharge of his duties, and that he shall pay over and account for all moneys and property which shall come into his hands of such treasurer. Such trustee shall have charge of and administer said funds, and from time to time invest the same, or any part thereof, as he shall deem most bene- CHARTER OF NEW YORK CITY. 149 ficial to said fund, and he is empowered to make all necessary contracts and take all necessary and proper actions and proceedings in the premises, and to make pay- ments from such fund of pensions granted in pursuance of this act, and also pensions now charged on said fund or any part thereof by or under existing laws, and said trustee shall be the legal successor of the trustee or trustees of the police life insurance fund, and of any police j^ension fund heretofore existing within the limits of The City of New York as consti- tuted by this act, including the pension fund of the park police of the mayor, aldermen and commonalty of the city of New York, and the pension fund of the park police of the city of Brooklyn. The said trustee may, and he is authorized and empowered, from time to time to establish such rules and regulations for the disposition, investment, preservation and administration of the police pension fund as he may deem best. He shall report in detail to the board of aMermen of The City of New York, annually, in the month of January, the condition of the police pension fund and the items of re- ceipts and disbursements on account of the same. No pay- ments whatever shall be allowed or made by said trustee from said fund as reward, gratuity or compensation to any person for salary or services rendered to or for said trustee. On or before the first day of Febru- ary of each year, the trustee shall make a verified report to the mayor of his proceedings as such trustee, containing a statement of all receipts and disbursements on account of said fund, together with the names and residences of each bene- ficiary and the amounts paid to such beneficiary for or on account of said fund. There shall be an auditing committee consisting of three members, to be appointed by the mayor, as follows : two members to be selected from among the officers and members of the uniformed force of the police department and one member to be selected from the retired members of the police department. It shall be the duty of this committee on or before the first day of March in each year to examine the condition of said relief fund and to audit the account of the said trustee. Id.; funds to be paid trustees; exemption from execution and process; false swearing in pension claims. § 352. The said police pension funds existing in said city of New York as constituted by this act, or in any part thereof when this act takes effect, and all moneys, bonds, investments, 150 LAWS OF NEW YORK. securities, revenues and incomes thereof, or belonging thereto, in whose hands soever or wherever the same may be, shall be paid over and delivered on demand to the police commissioner. The moneys, securities and effects of the police pension fund, and all pensions granted and payable from said fund shall be and are exempt from execution and from all process and pro- ceedings to enjoin and recover the same by or on behalf of any creditor or person having or asserting any claims against, or debt or liability of, any pensioner of said fund. Every person who knowingly or wilfully in any wise procures the making or presentation of any false or fraudulent affidavit or affirma- tion concerning any claim for pension or payment thereof shall in every such case forfeit a sum not exceeding two hundred and fifty dollars, to be sued for and recovered by and in the name of the said trustees, and, when recovered, to be paid over to and thereupon become a part of the said police pension fund. Any person who shall wilfully swear falsely in any oath or affirmation in obtaining or procuring any pension or payment thereof, under the provisions of this chapter, shall be guilty of perjury. Id.; of what it consists. § 353- The said police pension fund shall consist of: 1. The capital, interest, income, dividends, cash, deposits, securities and credits formerly belonging to the police life insurance fund, and any police pension fund, existing as afore- said with the addition thereto, from time to time, of 2. All forfeitures imposed by the police department from time to time, upon or against any member or members of the police force; and of 3. All rewards, fees, gifts, testimonials and emoluments that may be presented, paid or given to any member of the police force on account of police services, except such as have been or shall be allowed by the police commissioner to be retained by the said members, and also all gifts or bequests which may be made to the said pension fund, or to the said pohce com- missioner as trustee thereof. 4. All lost, abandoned, unclaimed, or stolen money remain- ing in the possession of the property clerk of the police depart- ment for the space of one year, and for which there shall be no lawful claimant, and all moneys arising from the sale by said property clerk of unclaimed, abandoned, lost or stolen property, and all moneys realized, derived or received from the CHARTER OF NEW YORK CITY. 151 sale of any condemned, unfit or unserviceable property belong- ing to or in the possession or under the control of the police department; and of 5. All moneys, pay, compensation or salary, or any part thereof forfeited, deducted or withheld from any member or members of the police force on account of absence for any cause, lost time, sickness or other disability, physical or mental, to be paid monthly by the comptroller to the police pension fund. 6. Any sum out of or share of excise moneys derived from the granting of licenses or permission to sell strong or spirituous liquors, ale, wine or beer, or out of or of any moneys paid for taxes upon the business of trafficking in or selling or dealing in strong or spirituous liquors, ale, v^ine or beer, which by law was, at the time of the taking effect of this act, applicable, to or appropriated to any police pension fund then existing within the limits of The City of New York, as consti- tuted by this act, and such sum or share shall be paid in equal quarterly installments by the comptroller of The City of New York, or other person or officer having the legal custody there- of, to the police commissioner without any action or au- thority of or from any other official body or officer. 7. All moneys received or derived from the granting or issuing of permits to carry pistols in said city, and no permit shall be granted or issued to any person except upon the payment of two dollars and fifty cents in advance to the police commissioner, nor shall any such permit con- tinue in force for more than one year, when another may be issued from year to year, upon the payment of a like sum. The chief of police is authorized to grant and issue permits for such purpose in proper cases, upon the payment of the sum aforesaid, and all such moneys shall be paid into the police pension fund. 8. All moneys derived or received from the granting or issuing the permits, or the giving of permission to give masked balls, entertainments or parties, or either of them, in The City of New York. No masquerade or fancy dress ball, or other entertainment, shall be held, given or permitted in The City of New York, except upon condition that a license fee therefor of not less than five dollars nor more than one hundred dollars shall first be paid to the police department who are authorized to demand and receive the same for the benefit of the police pension fund. 152 LAWS OF NEW YORK. 9. A sum of money equal to but not greater than two per centum of the monthly pay, salary or compensation of each member of the police force, which sum shall be deducted monthly by the comptroller from the pay, salary, or compen- sation of each and every member of the police force and the said comptroller is hereby authorized, empowered and directed to deduct the said sum of money as aforesaid and forthwith to pay the same to the treasurer of the trustees of the police pension fund. 10. Any and all other moneys and funds which, but for the passage of this act, would have been part of or appli- cable to any police pension fund at the time this act takes ef¥ect or thereafter within the limits of The City of New York as constituted by this act. 11. And any and all unexpended balances of appro- priation or amounts estimated, levied, raised or appropriated for the payment of salaries or compensation of members of the police force within said city of New York remaining unex- pended or unapplied after allowing all claims payable there- from; provided, however, that whenever, at the end of any fiscal year, the surplus in the police pension fund shall exceed the sum of two hundred and fifty thousand dollars, over and above all charges then existing against the same, such unex- pended balances, or so much thereof as shall not be required to bring the surplus up to the sum of two hundred and fifty thousand dollars, shall be transferred to the general fund for the reduction of taxation. And the comptroller is hereby authorized to pay over to the police pension fund such un- expended balances or any part thereof, at any time after the expiration of the year for which the same were made and appropriated, and after allowing sufficient to satisfy all claims payable therefrom as aforesaid. 12. In case the amount derived from the different sources mentioned and included in this section shall not be sufficient at any time to enable the police commissioner to pay in full the pensions which have been or which may hereafter be granted, it shall be the duty of the police commissioner each year at the time of mak- ing up the departmental estimate, to prepare a full and detailed statement of the assets of said police pension fund and the amount which is required to pay in full all such pen- sions and to present the same to the board of estimate and apportionment together with a statement of the amount of money required to enable the said commissioner to CHARTER OF NEW YORK CITY. 153 pay the said pensions in full. It shall be the duty of said board of estimate and apportionment and the board of alder- men to make an appropriation sufficient to provide for such deficiency and the amount so appropriated shall be included in the tax levy, and the comptroller shall pay over the money to the police commissioner. 13. And the said poHce commissioner is hereby authorized and empowered to take and hold, as trustee of such fund, any and all gifts or bequests which may be made to such fund. Id.; pensions classified. § 354. The police commissioner shall have power, in his discretion, to retire and dismiss from member- ship in the said police force, and thereupon to grant pensions to, as hereinafter provided, any member of the poHce force of said city who shall have become disabled, physically or mentally, or superannuated by age so as to be unfit for po- Hce duty, and to widows and orphans of such members to be paid from the police pension fund as follows: I. To the widow of any member of any police force within the Hmits of said city, who shall have been killed while in the actual performance of duty, or shall have died from the effects of any injury received whilst in the actual discharge of such duty, or who has died, or who shall hereafter die after ten years of service in any pohce force within the limits of The City of New York, as constituted by this act, or who shall have been retired upon a pension, if there be no child or children under eighteen years of age of any such member, the sum of not exceeding three hundred dollars per annum; but if there be any such child or children of such member under the age aforesaid, then the said sum may be divided between such widow, child or children in such proportions and in such manner as the said trustee may direct; provided, however, that the foregoing provision shall not be applicable to the widow, child, or children of any member of any police force within the limits of said city who shall have been killed or died prior to the taking effect of this act, unless such widow, child or children would have been entitled to a pen- sion under the laws in force at that time ; and provided fur- ther that in no event shall such widow, child or children re- ceive a greater pension than she, it or they would have been entitled to under the laws in force immediately prior to the taking effect of this act. 154 LAWS OF NEW YORK. 2. Subject to the like limitations, to any child or children under eighteen years of age of such member killed or dying as aforesaid or pensioner as aforesaid, but leaving no widow, or, if a widow, then after her death to such child or children being yet under eighteen years of age, a sum not exceeding three hundred dollars per annum. 3. Subject to the like Hmitations, to any such member of any such police force who, whilst in the actual performance of duty and by reason of the performance of such duty, and without fault or misconduct on his part, shall have become permanently disabled, physically or mentally so as to be un- fitted to perform full police duty, a sum not to exceed one- half nor less than one-fourth of his rate of compensation per annum. 4. To any such member of the said police force who shall, after ten years, and less than twenty-five years' membership in any such police force, become superannuated by age, per- manently insane or mentally incapacitated, or disabled physi- cally or mentally, so as to be unfitted or unable to perform full police duty by reason of such disability or disease contracted without misconduct on his part, a sum not to exceed one- half nor less than one-fourth of his rate of compensation per annum. Id.; when members of force entitled to pension; amount and duration. § 355. Any member of the police force being of the age of fifty-five years who has or shall have performed duty on such poHce force as aforesaid for a period of twenty years or up- wards, upon his own application in writing, may, or upon a certificate of so many of the police surgeons as the police commissioner may require, showing a member of whatever age who has served twenty years is permanently disabled, physically or mentally so as to be unfit for duty, shall, by order of the poHce commissioner, be re- lieved and dismissed from said force and service and placed on the roll of the police pension fund, and awarded and granted, to be paid from said pension fund, an annual pen- sion during his Hfetime of a sum not less than one-half of the full salary or compensation of such member so retired; and any member of the police force who has, or shall have per- formed duty on any such force aforesaid, for a period of twenty-five years or upwards, being of the age of fifty-five years, or any member of any such police force who is an honorably discharged soldier or sailor from the army and CHARTER OF NEW YORK CITY. 155 navy of the United States in the late civil war, who shall have reached the age of sixty years, or any such soldier or sailor who has performed duty on any such force for a period of twenty years, upon his own application in writing, provided * there are no charges against him pending, must be relieved and dismissed from said force and service by the department and placed on the roil of the police pension fund and awarded and granted, to be paid from said pension fund, an annual pension during his lifetime of the sum not less than one-half of the full salary or compensation of such member so retired; and the said commissioner may in like manner re- Heve and dismiss from the service and place on the roll of the police pension fund, and grant and award a pension to any member of said force other than an honorably dis- charged soldier or sailor of the Mexican or late civil war who shall have reached the age of sixty years. The said poHce commissioner shall award and grant pensions to the chief of police of three thousand dollars; to each dep- uty chief of police, twenty-five hundred dollars; to each in- spector, seventeen hundred and fifty dollars ; to each captain of the police, thirteen hundred and seventy-five dollars, and to each sergeant and detective sergeant of police hereafter relieved and dismissed from said force and service and placed on the roll of the pension fund, as hereinbefore provided, the sum of one thousand dollars per annum hereafter, and to each captain of poHce heretofore relieved and dismissed from said force and placed on the roll of the police pension fund, as hereinbefore provided, who, at the time when he was so relieved and dismissed and at the time when he was so placed on the roll of said pension fund, was receiving an an- nual salary of twenty-seven hundred and fifty dollars, the sum of thirteen hundred and seventy-five dollars per annum hereafter. Pensions granted under this section shall be for the natural life of the pensioner, and shall not be revoked, re- pealed or diminished. In case any member shall have vol- untarily left any such police force, and entered into the United States service, and served in the war of the rebellion, in the army or navy, and received an honorable discharge, and afterwards shall have been reinstated or reappointed in the police force, the time of his service in the army or navy shall be considered as continuous service in the poHce force. Pensions may, in the discretion of the said poHce commis- sioner, be continued and paid to the widows and children, or, if no widow, to the child or children while 156 LAWS OF NEW YORK. under the age of eighteen years of any member of the police force to whom pensions shall have been granted, provided, however, that such pension to such widows or children, as the case may be, shall, in no instance, exceed six hundred dollars per annum, and the same may, in the discretion of the said commissioner, be, from time to time, and at any time diminished, modified or revoked ; provided, how- ever, that no member of either of the poHce forces by this act consolidated, having a right to retire upon a pension at the time this act takes effect, shall be deprived of such right by reason of his remaining upon the police force, t)r of any- thing in this act contained. In determining the terms of ser- vice of any member of the police force, service in the munici- pal and metropolitan force, and subsequently in the police force of The City of New York, as heretofore constituted, or in any police force within the limits of The City of New York as hereby constituted, and thereafter in the police force cre- ated by this act, shall be counted and held to be service in the police force of The City of New York for all the purposes of this chapter. Id.; when certain pensions terminate; equalizing existing pensions. § 356. Pensions to widows shall terminate when the widow shall re-marry, and pensions to children shall terminate when- ever the children shall respectively marry or arrive at the age of eighteen years. The police commissioner may, in his discretion, order any pension granted, or any part thereof, to cease, or be diminished, except those pen- sions as to which it is otherwise provided in this act, and as therein provided; but in all such cases the said poHce com- missioner shall file with the papers of the police pension fund a written statement of the causes which determined him in ordering any pension so to cease or to be diminished; and nothing herein, or in any other act contained, shall render the granting of any pension obligatory on the police commissioner or chargeable as a matter of right upon said police pension fund, except as herein provided. All existing pensions law- fully granted, payable out of the police life insurance fund, or any police pension fund of which the poHce commissioner is made trustee by this chapter, and not lawfully revoked, are continued and shall be paid out of the police pension fund in pursuance of the limitations and provisions of this chapter. CHARTER OF NEW YORK OITY. 157 Id.; certificate of disability; department may malce rules. § 357- member of the police force shall be granted, awarded or paid a pension on account of physical or mental disabiHty or disease, unless a certificate of so many of the pohce surgeons as the police board may require, which shall set forth the cause, nature and extent of the disability, disease or injury of such member, shall be filed in the depart- ment. And no member shall be retired upon pension or be pensioned, nor shall any pension be awarded, granted or paid except as provided in this chapter, any other law to the con- trary notwithstanding. The said police department is author- ized and empowered to make and adopt all such rules, orders and regulations as are or may be necessary to carry out and enforce the provisions of this act as to pensions. Neither the police commissioner nor either deputy police commissioner shall be members of the police force within the meaning of the provisions of this act relating to pensions, nor be entitled to any pension, nor share in the relief pension fund of the police department. Designation of station houses for confinement of women. § 359. The police commissioner shall designate one or more station houses for the detention and confinement of women under arrest in The City of New York. Such commissioner may at any time designate for such pur- poses any additional station house or houses, or may revoke the designation of any station house or houses theretofore designated, provided that at least one such station house shall at all times be so designated for such purpose in such city. In every station house to which police matrons are appointed toilet accommodations shall be provided for such matrons, which accommodations shall be wholly separate and apart from the toilet accommodations provided for prisoners, or for the other officers attached to such station house. Appointment of police matrons. § 3^0- The police commissioner shall appoint fo"* each station house designated in the last section, not more than two respectable women, who shall be known as police matrons, in the same manner and under restrictions governing the appointment of patrolmen so far as the same may be applicable, except that any rule or regulation as to 158 LAWS OF NEW YORK. the age of a person appointed patrolman shall not apply to matrons appointed under this act. No woman shall be ap- pointed a police matron, unless suitable for the position and recommended therefor in writing by at least twenty women of good standing, residents of The City of New York. Po- lice matrons shall be appointed to station houses to which poHce courts are attached and to station houses which are in close proximity to a police court. In case there is no po- lice court in close proximity to a station house in said city, then police matrons may be appointed to any station house therein. Police matrons to be members of uniformed force. § 360a. Such police matrons shall be regular mem- bers of the uniformed police force, and shall have the same standing in the police department and be subject to the same fines, discipHne and benefits as patrolmen. They shall be pro- vided with a suitable shield or badge, or badge of ofifice, and shall, while on duty wear a uniform similar in color to that worn by other members of the uniformed police force. No police matron who shall become a member of the uniformed police force shall", under any pretence whatever, share in for her own benefit, any present, fee, gift, emolument for police services, or for services of the police department or any mem- ber thereof, additional to her regular salary; and it shall be cause for removal from the police force for any matron thereof to receive any such reward or present or to receive compensation for any privilege whatever which she may grant to the women prisoners under her charge. Terms of office, removal, salary. §361. PoHce matrons shall, upon appointment, hold office until removal, and they may be removed at any time, by the authority appointing them, under the regula- tions prescribed for the removal of patrolmen. Immediately upon the death, resignation or removal of a police matron, her successor shall be appointed in the manner hereinbefore provided. A police matron shall receive the same salary as the doorman in the station house to which she may be ap- pointed. Duties of Police Matrons. § 362. When only one police matron 5s attached to a police station, she shall reside there, or within a reasonable CHARTER OF NEW YORK OITY. 159 distance therefrom, and shall hold herself in readiness to respond to any call therefrom at any hour, day or night, and each matron shall, during such hours as may be fixed by the police commissioner, remain in such station and hold herself in readiness to respond to any call therefrom. So long as any woman is detained or held under arrest in a police station to which a matron is attached, it shall be the duty of such matron to remain constantly thereat ready for service; or, if there be more than one matron attached to such station then one of them shall be constantly ready for service. A police matron shall, subject to the officer in charge of such station house, have the immediate care and charge of all women held under arrest in the station to which she is attached, and she may at any time call upon the officer in command of such station for assistance. She shall be subject to the authority of the police commissioner and to the rules and regulations prescribed by such authority; but at the station where she may be appointed on duty she shall be subject only to the authority of the officer in command thereof. Police commissioner to provide accommodations for women. § 363. It shall be the duty of the police commissioner to provide sufficient accommodations for women held under arrest to keep them separate and apart from the cells, corridors and apartments provided for males under arrest, and to so arrange each station house that no communi- cation can be had between the men and women therein con- fined, except with the consent of the matron or officer in command of said station-house. No officer, other than the matron, shall be admitted to the corridor or cells of the women prisoners without the consent of the officer in command of said station house. Proceedings where woman is arrested. § 364. Whenever a woman is arrested and taken to a police station, to which a matron is attached, it shall be the duty of the officer in command of the station to cause such matron to be summoned forthwith, and whenever a female is arrested in any precinct to which no matron is attached she shall be taken directly to the station house designated to re- ceive the women prisoners of the precinct in which the arrest is made. No such separate confinement nor any such removal of any woman, shall operate to take from any court any juris- 160 LAWS OP NEW YORK. diction which it would have had. The term " woman " used in sections three hundred and fifty-nine to three hundred and sixty-six, inclusive, shall not include any female either actu- ally or apparently under the age of sixteen years whose care is assumed by any society referred to in section two hundred and ninety-three of the penal code ; but every such female shall be tairovements which may be made, or erected upon the same by The City of New York, over and above all the rents, issues, and profits which may be received by The City of New York for or on account of the rents, issues and profits of any such premises; provided always, that The City of New York shall not be entitled to demand any sum of money for any such improvements, unless it shall have caused to be published, in the City Record and the cor- poration newspapers for at least three months previous to the making of such improvements, a notification to the owners of the said lots, to appear and take possession of their said premises ; and, further, that in no case shall the owners of the said premises be compelled to pay for any such im- provements a sum exceeding two-thirds of the value of their said lots of land. The city shall account for and pay over to the rightful owner of any such lots of land all the rents, issues, and profits which The City of New York may receive on account of such premises over and above the amount of all taxes and assessments due for or on account of the said premises, and over and above the value of all such improve- ments thereon as shall be made after the notification men- tioned in this section, and as shall not exceed two-thirds of the value of said lots of land. 442 LAWS OF NEW YORK. Mortgagees to be notified of sale before the time to redeem expires. § 1036. In cases of sales of real estate for the non-payment of taxes or assessments, it shall be the duty of the collector of assessments and arrears, sixty days before the time limited by law for the redemption of any real estate from the effects of such sales, to cause notice to be given to all mortgagees of the real estate so sold, their assignees or personal representatives, and to all owners, lessees, or persons otherwise interested, or their legal representatives, who shall at any time, at least one month jDcfore the time for the giving of such notice, have filed in the office of the comptroller a memorandum of such mortgage and of such real estate, containing a brief abstract, designating the property, with the street number, if there be any, or such definite description or diagram as will enable the said collector of assessments and arrears to designate the said premises upon the city maps, and the name and resi- dence of such mortgagee, assignee, or personal representative, and such owner, lessee, or person represented. How such notice shall be given. § 1037. Such notice shall be given by putting into the post- office in The City of New York, directed to such mortgagees, assignees, or personal representatives, at their places of resi- dence, if known to the collector of assessments and arrears, and such owners, lessees, or persons otherwise interested, a printed list describing all the property sold for taxes and re- maining unredeemed. Such description shall name the street or avenue on which the property may be situate, the side of the street or avenue, and between what streets or avenues, with the map or street numbers of the property, and in whose name assessed, together with the term of 3^ear3 and amount for which the same shall have been sold, and the day or days on which the time limited for the redemption of the property will expire with a notice that unless the property shall be redeemed on or by such days, by the payment of the sums for which the same were sold, with all interest and expenses allowed by law, that leases will be given to the purchasers, in accordance with the statute in such case made and provided. Affidavit of service. § 1038. An affidavit of the service of such notice as is re-, quired in the two preceding sections, before any officer authorized to take affidavits to be read in a court of record, CHARTER OF NEW YORK CITY. 443 and filed in the office of the said comptroller or a certified copy thereof under the signature of said comptroller shall be evidence of the fact of such notice. Comptroller to record memoranda. § 1039. It shall be the duty of the comptroller to keep in his office a book, alphabetically arranged^ for the registering of all such memoranda as aforesaid, which book shall be open to the inspection of any person desiring to examine the same, without charge. The comptroller shall be entitled to receive twenty-five cents for registering the memorandum of each mortgage, as above provided. Mortgagee's right to redeem. § 1040. Such mortgagees or their assignees or personal representatives, and such owners, lessees, or persons otherwise interested, or their legal representatives, shall be entitled to redeem the property sold from the effect of such sale, at any time within two years from the date of such sale, and such mortgagees, assignees, or personal representatives shall have a lien on the property for the amount paid, with the interest which may thereafter accrue thereon, at the rate of seven per centum per annum, in like manner as if the same had been included in such mortgage. Notice of expiration of time to redeem to be published; lease to be executed to purchaser on default to redeem. § 1 04 1. The collector of assessments and arrears, under direction of the comptroller of the city, shall cause an adver- tisement to be published at least twice in each week, for six weeks successively in the City Record and the corporation newspapers, in such form as he shall deem best calculated to give notice of such sale, that unless the lands and tenements sold be redeemed by a certain day, they will be conveyed to the purchaser. . If the person or persons claiming title to the said lands and tenements, or some other persons, shall not, within two years from the date of the before mentioned cer- tificate pay to the said collector, for the use of the purchaser or purchasers, his, her, or their heirs, executors, administrators, or assigns, the sum mentioned in such certificate, together with the interest thereon, at the rate of fourteen per centum per an- num, from the date of such certificate, the said comptroller, in the name of The City of New York, at the expiration of the said 444 LAWS OF NEW YORK. two years, shall execute to the purchaser or purchasers, his, her, or their heirs, executors, administrators, or assigns, a lease, under the common seal of the city, of the lands and tene- ments so sold for such term of years as the same shall have been sold, and the execution thereof shall be witnessed by the said collector. At the time of receiving the lease the purchaser shall pay the sum of two dollars and fifty cents to the said collector for the expense of drawing said lease, and also the expense of advertising the notice to redeem; and all such leases executed by the said comptroller and witnessed by the said collector shaU be presumptive evidence that the sale and all procecdnigs prior thereto, from and including the assessments on said lands and tenements, for taxes or assessments or water rents, and all notices required by law to be given previous to the expiration of the two years allowed to redeem, were regu- lar and according to the provisions of the statute in such cases made and provided ; and such purchaser or purchasers, his, her, or their heirs, executors, administrators, or assigns, shall, in virtue thereof and of this title, lawfully hold and enjoy the said lands and tenements in said lease mentioned for his, her, or their own proper use against the owner or owners thereof, and all claiming under him, her, or them, until such purchaser's term therein shall be fully complete and ended; and the said purchaser or purchasers, his, her, or their heirs, executors, administrators or assigns, shall be at liberty to remove all the buildings or materials which he, she, or they shall erect or place thereon during the said term, within one month after the expiration of the said term, but leaving the lands and tene- ments, with the streets fronting the same, in the order required by the ordinances of the board of aldermen; provided that such lease shall not be executed and delivered until the expi- ration of six months after the publication of the notice last herein above mentioned. Redeeming a portion of lands sold. § 1042. In all cases where pieces or parcels of land shall have been sold for taxes, assessments or water rents, and any person shall claim to redeem any portion of the same within the time limited for redemption, he shall be permitted to do so on paying the apportionment of the tax, assessment or water rents for which the property was sold, together with the inter- est on the same, and an equitable proportion of the expense, the apportionment to be made by the comptroller. CHARTER OF NEW YORK CITY. 445 Sale of lands actually occupied; notice to be served. § 1043. Whenever any lands or tenements sold for taxes, assessments, or water rents, and conveyed, as in this title pro- vided, shall, at the tniie of conveyance, be in the actual occu- pancy of any person, the grantee to whom the same shall have been conveyed, or the person claiming under him, shall serve a written notice on the person occupying such lands or tene- ments, and in all cases on the person owning the property so conveyed, whether the property be in occupancy or not, pro- vided such owner resides in The City of New York, or in any adjoining county; in case the owner does not reside in The City of New York, or in an adjoining county, said notice shall be sent to his or her post-office address by mail. All such notices shall state in substance the sale and conveyance, the person to whom made, and the amount of consideration money mentioned in the conveyance, with the addition of forty-two per centum on such amount as the said lands or tenements were struck off for at the time of the sale, and the further addition of the sum paid for the lease and advertisement ; and stating, also, that unless such consideration money, and the said forty- two per centum, together with the stim paid for the lease and advertisements, shall be paid to said collector of assessments and arrears, for the benefit of the grantees, within six months after the service of such notice, the said conveyance will become absolute, and the owner, occupant, and all others inter- ested in the lands or tenements be barred from all right and title thereto during the term of years for which such lands or tenements shall have been conveyed. And no conveyance made in pursuance of this title shall be recorded until the expiration of such notice, and the evidence of the service of such notice shall be recorded with such conveyance. Id.; mode of service. § 1044. Such notice shall be served personally or by leaving the same at the dwelling-house of the occupant and of the person owning the property conveyed, with any person of suitable age and discretion belonging to his or her family, and the name of the person on whom served shall be stated in the affidavit of service hereinafter mentioned if the same can be ascertained, and if served by mail, shall state the time when ♦"he same was mailed. 446 LAWS OF NEW YORK. « Id.; affidavit thereof. § 1045. In every such case the grantee, or the person claim- • ing under him, in order to complete his title to the land con- veyed, shall file with the said collector of assessments and arrears an affidavit of some person residing in The City of New York, who shall be certified as credible by the officer before whom such affidavit shall be taken, that such notice was duly served, specifying the time of service, the mode and manner of service and a copy of such notice shall be attached thereto. Certificate of the comptroller; effect thereof. § 1046. If the said comptroller shall be satisfied by such affidavit that the notice has been duly served, and if the moneys required to be paid for the redemption of such lands or tenements shall not have been paid as hereinbefore pro- vided, he shall, under his hand and seal, certify to the fact, and the conveyance shall thereupon become absolute, and the owner and all others interested in the lands or tenements shall be barred of all right thereto during the term of years for which the same shall have been conveyed. Owner or occupant; when may redeem. § 1047. The owner, occupant, or any other person may, at any time within the six months named in such notice, redeem the said lands and tenements by paying such purchase money, with the addirtion of forty-two per centum thereon, and the amount that shall have been paid for the lease, and every such redemption shall be as effectual as if made before the convey- ance of the lands or tenements sold. Rate of interest; how to be calculated. § 1048. The rate of interest allowed by law to the purchaser at the time of redemption on the amount of the purchase money shall be reduced to fourteen per centum per annum; but no interest shall be calculated on a less portion of time than one-quarter of a year, and in all cases where the property shall be redeemed during any fractional part of a year, the interest shall be calculated so as to include the quarter in which such redemption shall be made, the time to be computed from the day of sale. CHARTER OF NEW YORK CITY. 447 Certificate of redemption to be furnished. § 1049. Upon such redemption, as provided for in the two preceding sections, the said collector of assessments and arrears shall give to the person redeeming, a certificate under his hand and seal, stating the payment, the year in which the sale was made, and showing what land such payment is intended to redeem, and such certificate shall be evidence of such redemption. Lost certificate; delivery of lease in case of. § 1050. Whenever any certificate given by the collector of assessments and arrears, as in this title provided, of lands sold shall be lost, the said comptroller may receive evidence of such loss, and on satisfactory proof of the fact may execute and deliver a lease to such person or persons who shall ap- pear entitled thereto of the lands and tenements described in the certificate, and may also, in his discretion, require a bond of indemnity to The City of New York. Each certifi- cate shall be registered in the record of sales to be kept in the bureau of said collector of assessments and arrears, and no transfer of such certificate shall be valid until registered in said book. Bills of arrears of taxes and assessments to be furnished when re- quested. § 105 1. The collector of assessments and arrears, upon the requisition of any person, shall furnish a bill of all arrears of taxes, and of taxes with the " water rents " added on any lot or lots due prior to the first of June, then last past, and of assessments which are due and payable, including the amount necessary to redeem it or them, if it or they have been sold for any arrears of assess- ments, taxes or water rents and be yet redeemable; and upon the payment of the said bill (which shall be called a *'bill of arrears of assessments, taxes and water rents and for redemp- tion"), his receipt thereon, countersigned by the comptroller, shall be conclusive evidence of such payment. The comptroller shall cause to be kept a duplicate account of amounts so collected, and the certificate of the collector of assessments and arrears, countersigned by the comptroller, that there are no such liens on said lot or lots, shall forever free the said lot or lots trom all liens of taxes, or for taxes with water rates added, or for 448 LAWS OF NEW YORK. rents of water added to the taxes prior to the first of June then last passed, and for all assessments due and payable prior to the date of the said rjeceipt or certificate, and from all liens in consequence of sales for as- sessments, taxes, or water rents, or for all of them, when the time allowed by law for redemption had not expired at the date or time of said payment or certificate. Id.; fees for searches. § 1052. Fees for the searches to be paid into the city treasury shall be included in the bills mentioned in the preceding section, and also charges for certificates, which shall be given by said collector of assessments and arrears, respecting lots on which there may be no arrears when searches are required; the said fees to be regulated by ordinance of the board of aldermen. Complete record of sales to be kept. § 1053. There shall be kept in the office of the collector of assessments and arrears a record of all sales made for taxes, assessments and water rents, which record shall show the amount of the tax, the assessment and the water rents, a description of the premises sold, the date of the sale, the name of the person to whom sold, the term of years for which such property was sold, time of the delivery of the lease, to whom delivered, and when the same shall expire. Affidavits of publication of necessary notices to be preserved. § 1054. It shall be the duty of the collector of assessments and arrears to procure, preserve and register in his office, affidavits of the publication of all the notices by this title re- quired to be published, and such affidavits shall be presump- tive proof of such publication in all the courts of this state. CHAPTER XVIII. Department of Education. Title I. The public schools and their management. Title 2. The college of The City of New York. Title 3. The normal college. Title 4. General provisions. CHARTER OF NEW YORK CITY. 449 TITLE I. The Public Schools and Their Management. Board of education; property under its care and control; in what name suits brought. § 1055. The title to all property, real and personal, now or that may hereafter be acquired for school or educational pur- poses, except the State Normal School at Jamaica, and also the title to all property, real and personal, purchased for school or educational purposes with any school moneys, whether derived from the issue of bonds or raised by taxation in The City of New York, shall be vested in The City of New York, as constituted by this act, but shall be under the care and con- trol of the board of education as provided in this act, for the purposes of public education, recreation and other public uses. Suits in relation to such property shall be brought in the name of the said board of education. The said city of New York shall have power to take and hold any property, real or per- sonal, devised or bequeathed or transmitted to it for the purposes of education in said city; but such property shall be under the care and control of the board of education as pro- vided by this act, for the purposes of public education, recre- ation and other public uses in said city. School age of children. § 1056. The schools of the said city under the management and control of the board of education shall be free to all persons over four and under twenty-one years of age residing in said city, but under such regulations not in conflict with the general school law of the state, as the board of education shall prescribe, provided, however, that no child under six years of age shall be received in said schools ex- cept in kindergarten classes. Board of education; succeeds to trusts of public school society. § 1057. All the trusts held by or vested in the public school society of The City of New York, as heretofore organized and existing in compliance with the provisions of an act enti- tled, "An act relative to common schools in the city of New York," passed the fourth day of June, one thousand eight hundred and fifty-three, which have not been conveyed by the said society, and all the rights, powers and duties of said 450 LAWS OF NEW YORK. society, which yet remained therein, shall continue and be vested in the board of education of The City of New York, which board is, and shall be held to be the lawful successors of said society in the execution of every trust. Board of education succeeds to duties and powers of former boards, etc. § 1058. Subject to the provisions of this act, and so far as is consistent therewith, the board of education of The City of New York, as created by the terms and provisions of this act, shall be subject to all the duties, possess all the rights and exercise all the powers respectively held by the board of education, the school boards of the several boroughs and the inspectors of common schools on the day when this act takes effect, excepting such duties^ rights and powers as shall devolve upon the local school boards as provided in this act. The powers, duties and functions of all the school boards in the several boroughs within The City of New York, as they have heretofore been constituted, shall cease and determine, and their offices shall be abolished, on the first Monday of February, nineteen hun- dred and two, and the board of education, as constituted by this act, shall thereupon succeed to such powers, and become subject to such functions and duties as provided by this act. Money to conduct schools to be raised by taxation. § 1059. The board of estimate and apportionment and the board of aldermen of The City of New York may raise and collect by tax, on the estates, real and personal, liable to tax- ation in said city, such sum of money as may be necessary to provide for the conduct of the schools as called for by the budget adopted by the said board of estimate and apportion- ment and the said board of aldermen pursuant to the provis- ions of this act. Special and general school funds; all moneys to be administered by board of education. § 1060. All moneys raised for educational purposes in The City of New York shall be raised in two funds, to be known as the special school fund and the general school fund, respec- tively. The general school fund shall consist of all moneys raised for the payment of salaries of the city super- intendent, associate city superintendents and district superintendents, members of the board of examiners^ CHARTER OF NEW YORK CITY. 451 attendance officers, lecturers and all members of the supervising and teaching staff, throughout all boroughs, in conformity with section ten hundred and ninety-one of this act. The special school fund shall contain and embrace all moneys raised for educational purposes not comprised in the general school fund. It shall be the duty of the board of esti- mate and apportionment and of the board of aldermen to indicate in the budget in raising the special school fund the respective amounts thereof which shall be available for use in the several boroughs. The general school fund shall be raised in bulk, and for the city at large. The board of educa- tion shall have power to administer and shall administer all moneys appropriated or available for educational purposes in the city of New York. Board of education; how constituted; president; vacancies; members to serve without pay. § 1061. There shall be in The City of New York as constituted by this act, a board of education, which shall have the management and control of the public schools and of the public school system of the city, subject only to the general statutes of the state relating to public schools and public school instruction, and to the provisions of this act. The board of education of The City of New York shall con- sist of forty-six members, twenty-two being residents of the borough of Manhattan; four of the borough of The Bronx; fourteen of the borough of Brooklyn; four of the borough of Queens, and two of the borough of Richmond. The mem- bers of the board of education shall be appointed by the mayor and hold office for the term of five years. On the first Monday of February, in the year nineteen hundred and two, and in every year thereafter, the said board of education shall organize by electing one of its members as president of the board, who shall preside at its meetings, and shall have the same power to vote thereat as any other member, but who shall not have the power of veto. Any vacancy in the office of members of the board of education, caused by death, resignation, or otherwise, shall be filled by appointment by the mayor for the unexpired term, subject to the provisions as to the residence of such members hereinbefore set forth. On the third Monday of January, nineteen hundred and two, the mayor shall appoint members of the board of education to serve until the dates hereinafter specified, namely : In the borough of Manhattan, five members 452 LAWS OF NEW YORK. until January first, nineteen hundred and three; five members until January first, nineteen hundred and four; four members until January first, nineteen hundred and five; four members until January first, nineteen hundred and six; and four mem- bers until January first, nineteen hundred and seven. In the borough of Brooklyn, three members until January first, nine- teen hundred and three; three members until January first, nineteen hundred and four ; three members until January first, nineteen hundred and five; three members until January first, nineteen hundred and six; and two members until January first, nineteen hundred and seven. In the borough of The Bronx, one member until January first, nineteen hundred and three; one member until January first, nineteen hundred and five; one member until January first, nineteen hundred and six ; and one member until January first, nineteen hundred and seven. In the borough of Queens, one member until January first, nineteen hundred and three; one member until January first, nineteen hundred and five; one member until January first, nineteen hundred and six ; and one member until January first, nineteen hundred and seven. In the borough of Rich- mond, one member until January first, nineteen hundred and four; and one member until January first, nineteen hundred and seven. In the month of November prior to the expiration of the respective terms of office of the members of the board of education, appointed as aforesaid, the mayor shall appoint their successors to serve for the full term of five years from the first day of January following. The terms for which such appointments are made shall be designated in the certificates of appointment of such members. A change of residence by a member of the board of education from the borough from which he was appointed shall vacate his office. Members of the board of education shall serve without pay, and shall hold no office of emolument under the county, state or municipal government, except the offices of notary public or commis- sioner of deeds or offices in the national guard. Id.; to possess powers and privileges of a corporation. § 1062. For the purposes of this chapter, the board of education of The City of New York shall possess the powers and privileges of a corporation. Id.: to appoint an executive committee; powers of committee. § 1063. It shall be the duty of the board of education in the month of February, nineteen hundred and two, and in each year thereafter in the month of July to appoint a standing com- CHAKTER OF NEW YORK CITY. 453 mittee of fifteen members of the board, who shall, subject to the approval of the board, constitute an executive committee for the care, government and management of the public school system of the city, subject to the by-lav^s of the board of educa- tion. At least one member of such committee shall be selected from each borough. The said board of education may by its by-laws confer upon said committee power to per- form any of the administrative powers of the board. It shall be the duty of said executive committee to perform such duties as the board of education may by by-law prescribe. The board of education may, at any regular meeting thereof, by a majority of all the members of the board, remove any or all the members of the said committee, and appoint other members of the board to the vacancies thus created. Said executive committee shall meet at least once in each month. All reports of committees of the board appointed under its by-laws shall be presented to the executive committee for its consideration and action before being presented to the board, unless otherwise ordered by the board. The president of the board shall be ex officio the chairman of the executive committee. Id.; to be representative of school system; to submit estimate for entire school system. § 1064. The board of education shall represent the schools and the school system of The City of New York before the board of estimate and apportionment, and before the board of aldermen, in all matters of appropriations in the budget of the city for educational purposes, and in all other matters, and shall in general, be the repre- sentative of the school system of the city in its entirety. On or before the fifteenth of September in each year it shall submit an estimate in detail of the moneys needed for the entire school system of the city, during the next succeeding calendar year, to the board of estimate and apportionment for its action. The board of estimate and apportionment shall appropriate for the general school fund for the year nineteen hundred and two and, annually, for each year thereafter, an amount equivalent to not less than four mills on every dollar of assessed valuation of the real and personal estate in The City of New York, liable to taxation. In case the amount so appropriated for the general school fund exceeds the expenditures and ascertained liabilities chargeable to such fund during any one year, the amount by which the said gen- 454 LAWS OF NEW YORK. eral school fund exceeds said expenditures and liabilities shall become part of the general school fund for the next succeed- ing year, and the amount to be raised by tax for said fund shall be diminished by the amount of said excess. The board of education shall administer all moneys appropriated or avail- able for educational purposes in The City of New York, sub- ject to the general provisions of this act relating to the audit and payment of salaries and other claims by the department of finance. Id.; to use and control certain premise;.. § 1065. The board of education shall have power to use and to control the premises known as the hall of the board of education, at the corner of Park avenue and Fifty-ninth street in the borough of Manhattan, and any other buildings to be occupied for like purposes in The City of New York, and to make all the repairs, alterations and additions in and to the said building or buildings which the board of educa- tion may authorize and deem advisable. It shall provide such offices and rooms, as it may deem advisable within the boroughs of The City of New York, for the administration of the powers and duties conferred by this chapter upon the board of education, the board of superintendents, and the city superintendent. Id.; to dispose of personal property; disposition of proceeds; to lease property and make contracts. § 1066. The board of education shall have power, in the name of The City of New York and for said city, to dispose of such personal property used in the schools or other buildings under the charge of said board as shall no longer be required for use therein, and all moneys realized by the sale thereof shall be paid into the city treasury and shall at once be appropriated by the board of estimate and appor- tionment, to the special school fund of the board of education for use in the borough in which the property sold was situated. Said board shall have power to lease property required for the purpose of furnishing school accommodations, and to prepare and execute leases therefor. Board of education; to appoint certain ofRcers, clerks, etc., and fix their salaries. § 1067. The said board of education shall have power to appoint a secretary of the board; a superintendent of school buildings, who shall be an architect of experience CHAKTER OF NEW YORK CITY. 455 and good standing, and whose term of office shall be for six years ; a superintendent of school supplies whose term of office shall be for six years ; a city superintendent of schools for the term of six years; a supervisor of lectures for the term of six years; and one or more auditors. The . said board may appoint a chief clerk and such other officers, clerks^ or subordinates as it may deem necessary for its ad- ministrative duties, and as are provided for by the proper ap- propriation. The city superintendent of schools, any associate city superintendent, any district superintendent, the super- visor of lectures, any member of the board of examiners, the secretary of the board of education, the superintendent of school buildings, the superintendent of school supplies, the auditor or auditors, and any other officers, clerks or sub- ordinates of the board, may, any or either of them, be re- moved for cause at any time by a vote of three- fourths of all the members of the board of edu- cation, and may be suspended by the board of edu- cation pending the trial of charges. The said board shall fix and regulate within the proper appropriation the salaries or compensation of the city superintendent of schools, of the associate citysuperintendents and the district superintendents, and of members of the board of examiners. Id.; power to enact by=laws, rules and regulations. § 1068. The board of education shall have power, subject to the provisions of law and of this act, to enact by- laws, rules and regulations for the proper execution of all duties devolved upon the board, its members and committees and upon the several local school boards; for the transaction of all business pertaining to the same; for defining the duties of the city superintendent of schools, the superintendent of school buildings, the superintendent of school supplies, of its auditor or auditors, its clerks and subordinates ; for regulating the manner of making disbursements from any of the funds apportioned to any borough for school purposes, fo.r the proper execution of all powers vested in it by law, and for the pro- motion of the welfare and best interests of the public schools and public school system of the city in the matters committed to its care. Until the board of education shall act under the provisions of this section the by-laws, rules and regulations of the board of education and of the several borough school boards in force on the first day of January, nineteen hundred 456 LAWS OF NEW YORK. and two, shall remain in full force and effect so far as they are not inconsistent with the provisions of this act and are appli- cable. Board of education succeeds to specific powers heretofore exercised by borough boards. § 1069. The board of education shall, in addition to the other powers herein expressly conferred, have power : 1. To establish and conduct elementary schools, kinder- gartens, manual training schools, trade schools, truant schools, evening schools and vacation schools. 2. To maintain free lectures and courses of instruction for the people of The City of New York. 3. To provide special classes, whose sessions shall be held at such times in the day or evening as said board may deter- mine, for the purpose of giving instruction in the EngHsh language to persons who cannot use that language readily, and whose vocations are such as to prevent their attending the elementary or other schools in the school system. 4. To provide one or more high schools and training schools or classes for teachers, as it may from time to time determine, and as the appropriations may permit. The said training schools or classes shall be under the control of the board of education and of the city superintendent of schools to the ex- tent that may be necessary to secure compliance with chapter one thousand and thirty-one of the laws of eighteen hundred and ninety-five. 5. To establish and conduct play grounds in connection with the public schools. 6. To establish new schools and discontinue or consolidate any of the schools of the system. Id.; secretary; duties; secretary and chief clerk may administer oaths. § 1070. The secretary of the board of education shall have charge of the rooms, books, papers and documents of the board, and shall, in addition to his duties as secretary of the board, perform such other duties as may be required bv its members or committees. The secretary and the chief clerk of said board are authorized to administer oaths and take aflPi- davits in all matters appertaining to the schools in The City of New York, and for that purpose shall possess all the power*: of a commissioner of deeds, but shall not be entitled to any of the fees or emoluments thereof. CHARTER OF NEW YORK CITY. 457 Id.; provide for branches, etc., in boroughs. § 1071. The board of education shall make provision for the organization in the various boroughs of such branches as they may deem necessary in the bureaus of the superinten- dents of school buildings and of school supplies, and shall make such provisions by its by-laws as v^ill secure prompt and efficient service for the selection and acquisition of sites, the planning and erection of new buildings for school pur- poses, and for the alteration and repair of existing buildings, and for the regulation of the purchase and distribution of school books and supplies, and for the execution and carrying into effect of all matters and things, authority for which shall have been granted by the board, and for the preservation of all school records. Subject to such by-laws, the superintend- ent of school buildings shall be the executive officer of the board in respect to all matters relating to the bureau of build- ings, or in respect to which he is charged with duties under the provisions of this act. He shall advertise for bids for the erection, alteration or repair of any building to be used for educational purposes in The City of New York which has been authorized by the board of education. Superintendent of school buildings; oath and security by; subject to regulations of board; vacancy in office. § 1072. The superintendent of school buildings shall take and subscribe before the secretary or the chief clerk of the board of education, the oath prescribed by the constitu- tion of this state, and give such security for the faithful performance of the duties of his office as the board of education may direct; and the bureau under his charge shall be subject to such rules and regulations as the board may establish, one of which shall prohibit the performance by him of any work, on any other account, similar to that performed under the regulations so established, except for the normal college of The City of New York, and like institutions in the depart- ment of education. Any vacancy in the said office of super- intendent of school buildings shall be filled by appointment for the unexpired term. Id.; deputy in each borough; plans for school buildings. '§ 1073. The superintendent of school buildings may appoint a deputy superintendent for each of the boroughs, who shall be an architect or engineer of good standing, and, With the authority of the board of education, he may empower 458 LAWS OF NEW YORK. a deputy superintendent in his place and stead to execute all the duties of superintendent and such other duties as the board of education may, by regulation, prescribe. All plans for new school buildings, for additions to school buildings, and for structural changes in old buildings, shall be passed upon, and must be approved by the superintendent of school build- ings, who shall submit such plans to the board of education, whose action thereon shall be final. Id.; appointment of janitors. § 1074. Janitors shall be appointed by the board of edu- cation. Board of education; purchase of, and regulations regarding supplies. § 1075. The board of education shall provide for the purchase of all books, apparatus, stationery and other things necessary and expedient to enable the schools of the city to be properly and successfully conducted. It shall cause to be furnished all necessary supplies, and shall make regula- tions for the furnishing thereof to the schools in the several boroughs. The board of education shall have power to enact by-laws and resolutions for the government of the superintendent of supplies, which by-laws and resolutions shall provide that all supplies, as far as possible, shall be obtained by contract, made at public letting in the manner provided by section four hundred and nineteen of this act. Superintendent of supplies; oath and security by; subject to regulations of board; vacancy; deputy superintendents and sub- ordinates; depots of supplies. § 1076. The superintendent of school suppHes shall take and subscribe before the secretary or the clerk of the board of education the oath prescribed by the constitution of this state, and shall give such security for the faithful performance of the duties of his office as the board of education may direct; and the bureau under his charge shall be subject to such rules and regulations as the board may establish. Any vacancy in the said office of superintendent of school supplies shall be filled by appointment for the unexpired term. The superintendent of school supplies may appoint such deputy superintendents and such other subordinates as the by-laws of the board of education may authorize, and he may, with the authority of said board, empower a deputy superintendent in CHARTER OF NEW YORK CITY. 459 his place and stead to execute all the duties of the superin- tendent, and such other duties as the board of education may by regulation prescribe. He shall establish such depots of supplies in any of the boroughs as may be authorized by the board of education. The superintendent of school supplies shall be the executive officer of the board in respect of the purchase, storing and distribution of all supplies for the use of the schools, the board of education, the officers and em- ployes thereof, the several local school boards and the office of the city superintendent ; the printing for the board and any of its officers, employes or departments, and the local school boards; transportation of school children; and such other matters as may be assigned to him as such execu- tive officer by the by-laws of the board. He shall advertise for bids for supplies and equipments, for the use of the schools, the board of education or any of the bureaus thereof and the several local school boards, which have been authorized by the board of education, and when such advertisement is re- quired by law or the by-laws of the board. City superintendent of schools; rights and duties. § 1077. The city superintendent of schools shall have the right of visitation and inquiry in all of the schools of The City of New York as constituted under this act, and he shall report to the board of education on the educational system of the city, and upon the condition of any and all of the schools thereof. He shall have a seat in the board of educa- tion, and the right to speak on all matters before the board, but not to vote. Id.; further duties; annual report; clerks of main office. § 1078. The city superintendent of schools, so often as he can consistently with his other duties, shall visit the schools of the city as he shall see fit, and inquire into all matters relating to the government, courses of instruction, methods of teaching, management and discipline of such schools, and the condition of the school-houses and of the schools generally; and shall advise and encourage the pupils and teachers and officers thereof ; subject to the by-laws of the board of education, he shall prescribe suitable registers, blanks, forms and regulations for the making of all reports, and for conducting all necessary business connected with the school system and he shall cause the same, with such in- formation and instructions as he shall deem con- 460 LAWS OF NEW YORK. ducive to the proper organization and government of the schools, and the due execution of their duties by school officers, to be transmitted to the officers or persons entrusted with the execution of the same. He shall submit to the board of education an annual report containing a statement of the condition of the schools of the city, and all such matters relating to his office, and such plans and sugges- tions for the improvement of the schools and the school system, and for the advancement of public instruction in The City of New York as he shall deem expedient, and as the by- laws of the board of education may direct. He shall enforce the compulsory education law, and shall nominate attendance officers to the board of education and shall direct such officers in their duties. He may appoint such clerks as he may deem necessary, and as are authorized by the board of education. He shall assign his clerks to their various duties, and may suspend or discharge them for cause, but in such case, the clerks shall have a right of appeal to the board of education. He shall report as often as the board of education shall direct upon any matter or matters, entrusted to his charge, in such detail as shall be required of him. He shall maintain his main office in the borough of Manhattan, and in such building as the board of education shall direct. He shall have power, at any time, to call together any or all of the associate city superintendents and district su- perintendents for consultation, and shall assign to them, subject to the by-laws of the board of education, such duties as in his judgment will be conducive to the wel- fare of the public schools of The City of New York. Twenty- three of the district superintendents shall be assigned by the city superintendent to the work of supervision in the local school board districts, to be constituted as hereinafter pro- vided, in such manner that one district superintendent shall be assigned to such duty in two of such districts for the period of one school year. At the end of such period the city superintendent shall have power to change such assign- ments as he may deem best for the interests of the school sys- tem, but only in the manner above provided. District super- intendents when not so assigned to such duty in said districts shall be assigned by the city superintendent to such other professional duties as the welfare of the school system may require. It shall further be the duty of the city superintendent to report any case of gross misconduct, in- subordination, neglect of duty, or general inefficiency on the CHARTER OF NEW YORK CITY. 461 part of any associate city superintendent or district superin- tendent to the board of education. The city superintendent may empower an associate city superintendent to execute all the duties of the city superintendent during his absence or disability. City superintendent, associate city superintendents, board of super- intendents, district superintendents and directors. § 1079. There shall be eight associate city superintendents, who, with the city superintendent, shall constitute the board of superintendents. They shall be appointed by the board of education by a vote of a majority of its members, and shall serve for the term of six years, provided, however, that the borough superintendents in office on the first day of January, nineteen hundred and two, shall serve out as associate city superintendents the terms for which they were appointed by the respective borough school boards heretofore existing, and upon the expiration of their respective terms of office their successors shall be appointed in the manner and for the term herein provided, and provided also that the other four associate city superintendents shall be appointed from the associate borough superintendents in office on the first day of January, nineteen hundred and two, and when so ap- pointed they shall serve out as associate city superintendents the terms for which they were respectively appointed as such associate borough superintendents. The city superintend- ent shall preside over the board of superintendents, and all communications from the board shall be made in his name unless in any special case he may otherwise elect. The board of education shall have power to pass by-laws regulating the duties of the city superintendent and of the board of super- intendents. There shall be twenty-six district superintend- ents to be appointed by the board of education for the term of six years upon the nomination of the board of superintend- ents, provided, however, that the associate borough super- intendents in office on the first day of January, nineteen hun- dred and two, shall serve out as associate city superintendents or as district superintendents the terms for which they were appointed as such associate borough superintendents by the respective borough school boards heretofore existing; and upon the expiration of their respective terms of office their successors shall be appointed in the manner and for the term above provided. The offices of borough superintendent of schools and associate borough superintendent of schools shall 462 LAWS OF NEW YORK. be abolished on the first Monday of February, nineteen hun- dred and two. Except as herein otherwise provided, no person shall be eligible for election as city superintendent, associate city superintendent, or district superintendent who has not one of the following qualifications: (a) Gradua- tion from a college or university recognized by the University of the State of New York, together with at least five years of successful experience in teaching or supervision since graduation; (b) A principal's certificate for any of the bor- oughs of The City of New York obtained as a result of ex- amination, together with ten years' successful experience in supervision or teaching. Resignations of the city superin- tendent and the associate city superintendents shall be made to the board of education. Resignations of the district superintendents and directors of special branches shall be made to the board of superintendents and shall be reported immediately to the board of education. The board of educa- tion shall have power, upon the nomination of the board of superintendents, to appoint such directors of special branches as it deems necessary, for the term of six years; such directors shall be subject to the supervision and direc- tion of the city superintendent. No person shall be eligible for election as director of a special branch, such as music, drawing, kindergarten, etc., who is not: (a) A graduate of a college or university recognized by the University of the State of New York; and (b) a graduate from a course of pro- fessional training of at least two years in the special branch that he is to supervise or teach; and (c) a teacher of that special branch with at least three years of successful ex- perience. Nothing in this act contained shall prevent the re- election of any superintendent in office at the time of the passage of this act. General duties of district superintendents. § 1080. Under the supervision and direction of the city superintendent, district superintendents shall visit every school in the district to which they are assigned; shall inquire into all matters relating to the government, courses of study, methods of teaching, discipline and conduct of such schools, and the condition of the school-houses and of the schools gen- erally; shall examine classes when necessary; and shall advise, assist and encourage the pupils and teachers thereof. The district superintendents shall report the results of such In- spections and examinations to the city superintendent. CHARTER OF NEW YORK CITY. 463 who shall transmit such parts of said reports as he may consider necessary or proper to the board of education and to the local school boards for the districts for which the same are made respectively. Such reports shall be made at such times, concerning such matters, and in such form as said city superintendent shall require. It shall further be the duty of each district superintendent to report to the local school board within any district to which he is assigned, and through the city superintendent to the board of education, any case of gross misconduct, neglect of duty, or general inefficiency arising in such district on the part of any prin- cipal or teacher or other member of the educational staflf within his jurisdiction. Board of superintendents; lists of principals, etc., to be kept by; where principals report. § 1 08 1. The board of superintendents shall keep a list of all principals and teachers in the service of the board of education in the several boroughs, with a record of the dates of their appointment, the grades and classes taught by them, and of such other matters as the board of superintendents may pre- scribe. Such lists shall be open to the inspection of teachers (as to their own records only), of members of the board of education, of the members of the local school boards, of district superintendents, and of principals. Principals shall report to the city superintendent or to the district superin- tendent within their district at such times, upon such matters, and in such form as the city superintendent or such district superintendent may require. Promotion or transfer of pupils; rules and regulations. § 1082. The board of superintendents shall establish for the schools, subject to the approval of the board of education, rules and regulations for the reception of pupils in the schools of the city, the promotion of pupils from grade to grade, from school to school, for the graduation from all grades of schools, and for the transfer of pupils from one school to another. Recommendations of and requisitions for text books and scholastic supplies. § 1083. The board of education shall, upon the recommen- dation of the board of superintendents, approve text books, apparatus and other scholastic supplies for use in the public 4G4 LAWS OF NEW YORK. schools of the city. Requisitions for such text books, appa- ratus and scholastic supplies shall be made by principals upon the superintendent of supplies under rules to be" established by the board of education, but no requisition for any school shall be honored unless it is approved in writing by the district superintendent of the district where such school is situated. Changing grades of schools and classes; courses of study. § 1084. The board of education shall have power to change the grades of all schools and of all classes of any high school or other school under its charge upon the written recom- mendation of the board of superintendents, and upon the same recommendation to adopt and modify courses of study for all schools under its supervision. Duties of the board of superintendents, city superintendent, district superintendents and supervisors with reference to special branches. § 1085. The board of superintendents, with the advice of the directors of the respective special branches, shall assign to the several school districts such teachers of drawing, music, physical culture, manual training, cooking, sewing or other special branches as the board of education may appoint. The district superintendents shall assign such teachers of special branches to their duties in the schools of the several districts to which they are appointed. The directors of special branches shall act as advisors to the board of superintendents, to the district superintendents, and to principals, with regard to the special branches they supervise; under the direction of the city superintendent they shall examine the work in their several branches, report upon the same, and instruct special teachers and class teachers in the teaching of their several branches. Methods of teaching. Syllabuses of topics. § 1086. Subject to regulations prescribed by the board of superintendents, and under the supervision of the district su- perintendent in charge, the principal of each school shall di- rect the methods of teaching in all classes under his charge. The board of superintendents shall have the power, from time to time, to issue syllabuses of the topics in the various branches taught, which shall be regarded as the minimum amount of work required in such branches. CHARTER OF NEW YORK CITY. 465 Power to create local school board districts; presidents of the bor- oughs to appoint members of the local school boards; terms, organization, etc., of local school boards. § 1087. Prior to the fifteenth day of February, nineteen hundred and two, the board of education shall divide the boroughs under its charge into forty- six local school board districts, of which twenty-two shall be wholly in the borough of Manhattan, fourteen wholly in the borough of Brooklyn, four wholly in the bor- ough of The Bronx, four wholly in the borough of Queens, and two wholly in the borough of Richmond. The districts in each borough must be compact in form, and, as near as may be, of equal school attendance in the public schools therein. Subject to such conditions of equality of school attendance and that the districts shall be compact in form, the board of education shall thereafter have power every five years, again to divide the said boroughs into said number of districts, making such changes in existing districts as it deems proper. Upon the division of the several boroughs into such districts, and upon any redivision thereof as above provided, the board of education shall file maps of the same, duly authenticated by the secretary of the board, in the office of the mayor of The City of New York, and at the same time shall also file in the office of the president of each borough a duplicate, similarly authenticated, of the portion of said maps showing the division or redivision of such borough into such districts. There shall be in each of said districts a local school board consisting of seven members, as follows: Five persons to be appointed by the president of the borough, a member of the board of education designated by the presi- dent of that board, as hereinafter provided, and the district superintendent assigned to duty in such district by the city superintendent, as hereinbefore provided. When the board of education, pursuant to the powers above conferred, shall have divided any borough or boroughs into local school board districts, the presidents of the boroughs in which such districts are located respectively shall, within thirty days thereafter, appoint in and for each of such districts five mem- bers of the local school board to hold office respectively as may be designated in their letters of appointment, for one, two, three, four and five years from the first day of January next following the date of their appointments. Upon the expiration of their respective terms, such presidents shall ap- point their successors for the full term of five years. Where 466 LAWS OF NEW YOKK. boundaries of any of the local school board districts shall be changed by a redivision of a borough or any part thereof, the board of education shall have power, and it shall be its duty, to designate the new districts within which the local school boards appointed for districts affected by such redivision shall thereafter act. Such designation shall be made in such manner that the new district within which any local school board shall thereafter act shall contain a portion of the dis- trict for which such board was originally appointed. Within such new districts respectively the said local school boards shall have the same powers, duties and functions theretofore exercised by them within the districts for which they were originally appointed; and they shall serve out as members of the local school board for such new districts the term of office for which they were appointed respectively. All mem- bers of local school boards shall serve without pay, and shall be residents of the districts in and for which they are ap- pointed, except that where local school boards are designated by the board of education to act in new districts created as aforesaid, it shall not be necessary for the members thereof to be residents of such districts during the remainder of their terms of office respectively. Any vacancy in any local school board caused by death, resignation or otherwise, shall be filled for the unexpired term by the president of the borough where such vacancy may occur. Each local school board shall, within ten days after all the members thereof shall have been appointed, in the year nineteen hun- dred and two, and on the second Monday of Janu- ary • in every year thereafter, organize by the election of two of its members as chairman and secretary. It shall meet as often as may be necessary for the efficient perform- ance of the duties imposed upon it, and not less than once in each month excepting July and August. The president of the board of education shall designate each member of the said board to be an ex officio member of one local school board within the borough where such member shall reside, and he shall serve as a member of such local school board for the term of one year or until the earlier expiration of his term of office as a member of the board of education. When a member of the board of education shall cease for any cause to be a member of the local school board to which he is designated, the president of the board of education shall designate his successor as above provided. A member of the board of education sitting as a member of a local school CHARTER OF NEW YORK CITY. 4G7 board shall have power to vote, but shall not be eligible for election as the chairman or secretary of such board. The district superintendent assigned to any local school board district as herein provided shall have a seat in the local school board district for such district, and the right to speak on all matters before the board. But he* shall not have the right to vote or be eligible for election as chairman or secretary of the board. The powers, duties and functions of the in- spectors of common schools in office on the thirty-first day of December, nineteen hundred and one, shall continue until the fifteenth day of February, nineteen hundred and two, or until the earlier division of the said boroughs into local school board districts as above provided, when they shall cease and determine and the offices of said inspectors shall thereupon be abolished. Duties of local school boards. § 1088. Subject to regulation by the by-laws of the board of education, the duties and powers of the local school boards shall be as follows: (a) In their respective districts, they shall visit, at least once in every quarter, all the schools in the dis- trict, and inspect the same, in respect to punctual and regular attendance of the pupils and teachers, the number and fidelity of the teachers, the studies, progress, order and discipline of the pupils, the cleanliness, safety, warming, ventilation and comfort of school premises, and the observance of the provi- sions of the school laws in respect to the teaching of sectarian doctrines or the use of sectarian books ; and shall call the atten- tion of the board of education, without delay, to every matter requiring official action. They shall also,, on or before the first day of January and June of each year, make a written report to the board of education in respect to the condition of the schools, the efficiency of teachers, and wants of the dis- trict, especially in regard to schools and school premises, (b) They shall report immediately to the board of education whenever additional accommodation is necessary for kinder- garten or elementary school purposes, with a recommendation of the sites within their respective districts which they consider it necessary to acquire for such purposes. They shall also recommend the erection of such buildings on said sites or on any other property owned by The City of New York, and such repairs or alterations of school buildings, as they deem neces- sary or desirable. They shall from time to time when addi- tional school accommodation is necessary report to the board 468 LAWS OF NEW YORK. of education premises which are suitable and may be hired for that purpose, with the terms upon which the same may be obtained; such report shall be accompanied by a certificate from the borough president that the premises so recommended comply with the law and ordinances in relation to buildings to be used for school purposes, (c) They shall report imme- diately to the board of education any dereliction of duty on the part of the superintendent of supplies, superintendent of school buildings, the city superintendent, or any of their depu- ties or assistants or the employes in their respective depart- ments, and they shall present to the board of education all of the facts and circumstances constituting such dereliction of duty, (d) They shall have power to excuse absences of teachers, within their respective districts, subject, however, to the approval of the board of superintendents in cases where teachers are excused with pay, and in accordance with by-laws of the board of education prescribing rules to govern all such cases, (e) They shall try and determine all matters relating to discipline, corporal punishment and other matters affecting the administration of the schools in their respective districts arising upon the complaint of pupils, parents or guardians against teachers or principals, and shall impose such penalties as may be prescribed by the by-laws of the board of education. But they shall not have power to pass upon any such complaint against a teacher until after the matter has been referred to the principal of the school in which such teacher is employed, and he has made a report thereon, (f) They shall have power, and it shall be their duty, to try charges made by a principal, a district superintendent or by any parent or guard- ian of a pupil, residing in the district, against a teacher em- ployed within their respective districts, for gross misconduct, insubordination, neglect of duty or inefficiency. On receiving notice of said charges they shall immediately proceed to try and determine the case and shall fix the penalty or punishment to be imposed for the offense committed, which shall consist of a fine, suspension for a fixed time without pay, or dismissal. Their determination upon such charges and the penalty or punishment imposed therefor shall be reported immediately to the board of education, which may reject, confirm or modify the determinations of the local board, and the penalty or pun- ishment imposed and the decision of the board shall be final except as to matters in relation to which, under the general school laws of the state, an appeal may be taken to the state superintendent of public instruction, (g) They shall present CHARTER OF NEW YORK CITY. 469 charges of any dereliction of duty on the part of janitors in their respective districts and present proof thereof to the board of education, (h) They shall procure the enforcement of the law and the by-laws of the board of education relating to the sanitary condition of the schools and the health of the pupils in their respective districts, (i) They shall have power to transfer teachers from school to school within their respective districts, but only after hearing the principals of the schools affected by such transfers, and subject to the approval of the board of superintendents, provided, however, that such trans- fer shall not involve promotion or increase of salary. ( j ) They shall report to the board of education and to the board of super- intendents all vacancies in the teaching force as soon as such vacancies shall occur, (k) Each local school board shall have power and it shall be its duty to adopt by-laws regulating the exercise of all powers and duties vested in it, which by-laws shall not conflict with the by-laws of the board of education or with the provisions of this chapter. Each local school board shall keep a record of the proceedings of the meetings of the board, which shall be open at all times to inspection by the board of education or any member thereof. The board of education shall from time to time provide for such expenses and furnish such clerical assistance as may be necessary for the proper performance by the local school boards of the city of the duties imposed upon them by this act. The secretary of a local school board shall have charge of the books, papers and documents of the board. He is hereby authorized to administer oaths and take a^^idavits in all matters pertaining to the schools of The City of New York in his district, in which a local school board has power to act, and for that purpose shall possess all the powers of a commissioner of deeds, but shall not be entitled to any fees or emoluments thereof. The board of education shall provide meeting places for the local school boards, which may be in any of the school buildings in their respective districts. Board of examiners; teachers* licenses, etc. § 1089. A board of examiners is hereby constituted whose duty it shall be to examine all applicants who are required to be licensed in and for The City of New York, and to issue to those who pass the required tests of character, scholarship and general fitness, such licenses as they are found entitled to receive. Such board of examiners shall 470 LAWS OF NEW YORK. consist of the city superintendent of schools, together, with four persons appointed by the board of education upon the nomination of the city superintendent. The terms of the first four examiners so appointed shall be one, two, three and four years, respectively, and as their terms respectively expire, their successors shall be appointed for a full term of six years, which shall thereafter be the full and regular term of office of said examiners. They shall be paid such compensation as the board of education shall prescribe. The city superintendent of schools shall have power with the consent of the board of education to employ assistants temporarily at rates to be fixed by the board of education. To be eligible to appointment as an examiner, an applicant must possess some one of the following qualifica- tions, to wit: (a) A degree or diploma of graduation from a college or imiversity recognized by the regents of the university of the state of New York, together with at least five years' successful experience in teaching since graduation, (b) A state certificate obtained as the result of an examination held since eighteen hundred and seventy-five, together with at least ten years' successful experience in teaching, (c) The highest certificate for a principal or su- perintendent in force when this act takes effect in any city included in The City of New York as constituted by this act, together with at least ten years' successful experience in teaching. No associate city superintendent, district super- intendent, principal or teacher in The City of New York shall be allowed to serve on the board of examiners. The board of education on the recommendation of the board of superin- tendents shall designate, subject to the requirements of the state school laws in force when this act takes effect or that may thereafter be enacted, the kinds or grades of licenses to teach which may or shall be used in The City of New York together with the academic and professional qualifications required for each kind or grade of license. The board of education, on the recommendation of the board of superin- tendents, shall also designate, subject to the Uke limitations, the academical and professional qualifications required for -service of principals, branch principals, supervisors, heads of departments, assistants and all other members of the teaching staff. The board of examiners shall hold such examinations as the city superintendent may pre- scribe, and shall prepare all necessary eligible lists, which shall be kept in the office of the city superintendent of schools, and CHARTER OF NEW YORK CITY. 471 be open to inspection by members of the Ijoard of education, associate city superintendents and district superintendents, and local school boards. All license^ shall be issued in the name of the city superintendent of schools. Graduates of colleges and universities recognized Ijy the re-, pursued fcr not less than one year pedagc gical courses, gents of the university of the state of New York, who have s^atisfactory to the city superintendent; graduates of schools and colleges for the training of teachers, approved by the state supernitendent of public instruction; and teachers holding a state certificate issued by the state supcrintendeni of public instruction since the year eighteen hundred and seventy-five, or holding a college graduate's certificate issued by the same authority, or persons who on the first Monday of February, nineteen hundred and two, shall be associate bor- ough superintendents of schools in any borough of The City of New York, may be exempted, in whole or in part, from such examination at the discretion of the city superintendent. All pupils who entered the Normal College of The Cit> of New York on or before February first, eighteen hundred and ninety-eight, shall upon graduation therefrom be exempted from further examination under this section, and shall upon such graduation be entitled to licenses to teach as regular teachers in The City of New York. The names of those to whom licenses have been granted, including those exempted from examination and those duly licensed in the several boroughs prior to the date on which this act takes effect, shall be entered by the city superintendent upon lists to be filed in his office, a separate list being made for each grade or kind of license for which the board of education shall by its by-laws make provision; and such lists shall always be open to the in- spection of the members of the board of education, the mem- l)ers of the local school boards, the associate city superinten- dents, the district superintendents, and the principals of schools. Except as city superintendent or associate city superintendent or district superintendent, as director of a special branch, as principal of or teacher in a training school or as principal of a high school, no person shall be appointed to any educa- tional position whose name does not appear upon the proper eligible list. No person shall teach in any public school in the city who has not such license, except as herein otherwise pro- vided, nor shall any unlicensed teacher have any claim for salary. Licenses to teach shall be issued by the city superin- tendent, of schools for a period of one year, which may be * So in the original. 472 LAWS OF NEW YORK. renewed without examination in case the work of the holder is satisfactory to the city superintendent for two suc- cessive years. At the close of the third year of continuous, successful service, the city superintendent may make the license permanent. Authority to revoke any permanent license for cause shall be vested in the state superintendent of public instruction. Appointment and resignation of principals and teachers. § 1090. Principals, branch principals, heads of departments, teachers, assistants and all other members of the teach- ing staff, shall be appointed by the board of education on the nomination of the board of superintendents. Such nominations and appointments shall be made except in the case of high schools or training schools for teachers, for the several local school board districts respect- ively, and when so made the principals, branch principals, heads of departments, teachers, assistants and all other mem- bers of the teaching staff shall be assigned to duty to such schools, and to such positions in such schools, as the board of superintendents shall determine. Where practicable, teachers shall be appointed for districts in the boroughs where they reside. Teachers and principals may be promoted or transferred from one school to any other school within the city by the board of superintend- ents subject to the approval of the board of education; pro- vided, however, that a teacher shall not be transferred from a school in one borough to a school in another borough with- out his or her consent. For all purposes affecting the ap- pointment, promotion or transfer of the teachers in any school, the district superintendent assigned to the district in which such school is situated, the principal of such school and, in the case of transfer, the district superintendent and the principal of the school to which it is proposed to transfer a teacher, shall have seats in the board of superintendents, with votes on such propositions. The provisions of this sec- tion shall not be held to affect or impair the power of the several local school boards to transfer teachers from school to school within their respective districts, as hereinbefore pro- vided. The nominations provided for above must be made from the list of properly certificated principals and teachers and other persons eligible for service in the positions to be filled, in the regular order of the standing of the candi- dates on said lists, provided, however, that the board of su- CHARTER OF NEW YORK CITY. 473 perintendents may consider for each appointment the three persons whose names are highest on the appropriate ehgible lists. Existing eHgible Hsts in The City of New York and the relative standing of persons whose names are on said lists shall not be affected by the passage of this act. The time within which said board of education shall finally act upon said nominations, either by appoint- ing such principal or teacher or other officer or by re- jecting such nominations, is hereby fixed at forty days from the filing of such recommendation in the office of the secretary of the board. The failure on the part of the board of education to confirm or to reject a nomination within the time prescribed herein shall be held as equivalent to the appointment of the principal or teacher nominated. In case of a failure or of repeated, failures to appoint, other names shall be submitted to the board of education for its consideration within two weeks after each failure, until an appointment is made. In case of the consolidation of schools or of the discontinuance of any school, principals and teachers of good standing, who thereby may be deprived of employment, shall be preferred in appointments to be made in any of the schools of the city. Resignations of principals and teachers, and of all other mem- bers of the teaching staff, shall be made to the city superin- tendent. Board of education; power to fix salaries; method, regulating. § 1091. The board of education shall have power to adopt by-laws fixing the salaries of all members of the supervising and the teaching staff; and the salaries of all principals and teachers shall be regulated by merit, grade of class taught, length of service, experience in teaching, or by a combination of these considerations. Such by-laws shall estabHsh a uni- form schedule of salaries for the supervising and the teaching staff throughout all boroughs which schedule shall provide for an equal annual increment of salary of such an amount, that no kindergartner, or female teacher of girls' class other than those teaching grades of the last two years in the elementary schools shall, after sixteen years of service in said schools, receive less than twelve hundred and forty dollars per annum; and no female teacher of a girls' class of the grades of the last two years in said schools shall, after fifteen years of service in said schools, receive less than thirteen hundred and twenty dollars per annum ; and no female teacher of a girls' graduating class, 474 LAWS OF NEW YOEK. female first assistant, or female vice-principal, shall after ten years of service in said schools, receive less than fourteen hun- dred and forty dollars per annum; and no female teacher of a boys' or a mixed class shall receive less than sixty dollars per annum more than a female teacher of a girls' class of a corresponding grade and of years of service; and no female teacher in said elementary schools shall receive less than six hundred dollars per annum, nor shall the annual increment for any female teacher therein be less than forty dollars; and no male teacher of a class of the grades of the last two years in said schools, shall, after twelve years of service in said schools, receive less than twenty-one hundred and sixty dollars per annum; and no male teacher of a graduating class, male first assistant, or male vice-principal shall, after ten years of service in said schools receive less than twenty-four hundred dollars per annum; and no male teacher in said elementary schools shall receive less than nine hundred dollars per annum, nor shall the annual increment for any male teacher therein be less than one hundred and five dollars; that no female head of department, or female assistant to the principal in said schools shall receive less than sixteen hundred dollars per annum after ten years of service ; and no male head of department or male assistant to the principal in said schools shall receive less than twenty-four hundred dollars per annum after ten years of service ; that in high schools and training schools for teachers, no female junior or substitute teacher, female laboratory or library assistant, or female clerk, shall receive less than seven hundred dollars per annum, nor after six years of service as such, less than one thousand dollars per annum; no female model teacher shall receive less than one thousand dollars per annum, nor after five years of service as such, less than fifteen hundred dollars per annum; no female regular teacher in said schools shall receive less than eleven hundred dollars per annum, nor after ten years of service as such, less than nine- teen hundred dollars per annum; no female head teacher, female assistant to the principal, female first assistant, or female vice-principal in said schools shall receive less than two thousand dollars per annum, nor after five years of service as such, less than twenty-five hundred dollars per annum; no male junior or substitute teacher, male laboratory or library assistant, or male clerk, shall receive less than nine hundred dollars per annum, nor after six years of service as such, less than twelve hundred dollars per annum; no male regular teacher in said schools shall receive less than thirteen hundred CHARTER OF NEW YORK CITY. 475 dollars per annum, nor after ten years of service as such, less than twenty- four hundred dollars per annum; no male head teacher, male assistant to the principal, male first assistant, or male vice-principal in said schools, shall receive less than twenty-five hundred dollars per annum, nor after five years of service as such, less than three thousand dollars per annum; nor shall any of said persons therein receive a salary less than that to which by reason of experience such person would be entitled as a teacher of the aforesaid elementary schools; pro- vided, however, that none of the aforesaid members of the supervising and the teaching staff of any of the elementary schools shall receive a salary greater than that fixed for the seventh year of service unless and until the service of any such member shall have been approved after inspection and investigation as fit and meritorious by a majority of the board of superinten(ifents; that none of the afore- said members of the supervising and the teaching staff of any of the elementary schools shall re- ceive a salary greater than that fixed for the twelfth year of service, unless and until the service of any such mem- ber shall have been approved after inspection and investiga- tion as fit and meritorious by a majority of the board of super- intendents; that none of the aforesaid members of the supervising and the teaching staff* of any of the high or training schools shall receive a salary greater than that fixed for the fourth year of service unless and until the service of any such member shall have been approved after inspection and investigation as fit and meritorious by a majority of the board of superintendents and that none of the aforesaid members of the supervising and the teaching staff of any of the high or training schools shall re- ceive a salary greater than that fixed for the ninth year of service unless and until the service of any such member shall have been approved after inspection and investigation as fit and meritorious by a majority of the board of superintend- ents; and the board of superintendents shall approve or dis- approve the service of the aforesaid members of the supervis- ing and the teaching staff within forty days before the date on which said members shall, respectively, become eligible to the increase of salaries conditioned upon the approval of said service. For the purposes affecting such increases of salaries of said persons in any schools, the district super- intendent assigned to the district in which such school is situated shall have a seat in the board of super- 476 LAWS OF NEW YORK. intendents, with a vote on such fitness and merit; that no female branch principal or female principal of an element- ary school having not less than twelve classes shall receive less than twenty-five hundred dollars per annum after ten years of service as such in said schools; and no male branch principal or male principal of an elementary or a high school having not less than twelve classes shall receive less than thirty-five hundred dollars per annum after ten years of service as such in said schools; and a principal of said schools shall receive an equal annual increment of two hundred and fifty dollars; provided, however, that the service of such principal or branch principal shall have been approved after inspection and inves- tigation as fit and meritorious by a majority of the board of superintendents; and no principal of a high school or train- ing school for teachers having supervision of not less than twenty-five teachers therein shall receive less than five thou- sand dollars per annum. The board of examiners chall issue to a principal or a teacher who has had experience in schools other than the schools of The City of New York, a certificate stating that the experience of such teacher is equiv- alent to a certain number of years of experience in the schools of the said city. The board of examiners shall issue to a principal or teacher who has had experience in schools other than the high and training schools of The City of New York, a certificate stating that the experience of such teacher is equivalent to a certain number of years of experi- ence in the high and training schools of the said city. Such certificates made by the board of examiners shall be final and conclusive on all matters pertaining to experience therein stated, and shall entitle their holders to salaries in accordance with the schedules of salaries established in conformity with this section, in like manner as though the years mentioned in such certificates had been served in those schools of The City of New York that are respectively mentioned in such certifi- cates. No salary now paid to any member of the supervising and the teaching staff of any of the public schools in The City of New York shall be reduced by the operation of this section, and the aforesaid equal annual increment for each class or grade of the supervising and the teaching staff of said public schools shall be uniform throughout each class or grade, and each of said persons shall at once receive all the emolument in accordance with the above schedule of minimum salaries to which said person is entitled by reason of merit, of experi- ence and of grade of class taught. CHARTER OF NEW YORK CITY. 477 Public school teachers' retirement fund, § 1092. The board of education is hereby given the general care and management of the public school teachers'' retirement fund created for the former city of New York by chapter two hundred and ninety-six of the laws of eighteen hundred and ninety-four, and of the public school teachers' retirement fund created for the former city of Brook- lyn by chapter six hundred and fifty-six of the laws of eighteen hundred and ninety-five, and said funds are hereby made parts of the retirement fund of the board of education of The City of New York, created by this act. The comptroller of The City of New York shall hold and invest all money be- longing to said fund, and by the direction of said board of education shall pay out the same. The board of education shall have charge of and administer said retirement fund as it shall deem most beneficial to said fund and shall make payments from said fund of annuities granted in pursuance of this act. Said board shall, from time to time, establish such rules and regula- tions for the administration of said fund as it may deem best; which rules and regulations shall preserve all rights inhering in the teachers of The City of New York and the city of Brooklyn as constituted prior to the passage of this act. And the comptroller of The City of New York shall report in detail to the board of education of The City of New York, annually, in the month of January, the condition of said fund, and the items of the receipts and disbursements on account of the same. The said retirement fund shall consist 'of the following, with the interest and income thereof: (i) All money, pay, compensation or salary, or any part thereof, for- feited, deducted, reserved or withheld from any teacher or teachers in the public schools of The City of New York for any cause in pursuance of rules established or to be established by the board of education. The secretary of the board of education shall certify monthly to the comptroller the amounts so forfeited, deducted, reserved or withheld, from the salaries of teachers during the preceding month. (2) All moneys received from donations, legacies, gifts, bequests or otherwise, for and on account of said fund. (3) Five per centum annually of all excise moneys or license fees belonging to The City of New York and derived or received by any commissioner of excise or public offi- cer, from the granting of licenses or permission to sell strong or spirituous liquors, ale, wine or beer in The LAWS OF NEW YORK. City of New York, under the provisions of any law of this state authorizing the granting of any such licenses or permis- sion. The comptroller of The City of New York shall hold such moneys, together with any other moneys belonging to said fund, and by direction of the said board of education shall have charge of and administer the same as hereinbefore in this section provided. (4) All such other methods of in- crement as may be duly and legally devised for the increase of said fund. On and after the passage of this act the board of education shall, by amending its by-laws relat- ing to the excuse of absence of teachers with pay, so provide that the aggregate of the several sums deducted or forfeited on account of absence from duty shall be fully adequate to meet the demands made upon the public school teachers' re- tirement fund for the payment of annuities as herein pro- vided. On the recommendation of the city superintend- ent, said board of education shall have power, by a two- thirds vote of all its members to retire any member of the teaching or supervising staff, including the members of the board of examiners, who is mentally or physically incapacitated for the performance of duty, and has been engaged in the work of teaching or school supervision for a period aggregating thirty years, twenty of which have been in the public schools of The City of New York. And the board of education may retire from active service any member of the said teaching or supervising staff who shall have attained the age of sixty-five years and shall have been engaged in the work of teaching or school super- vision for a period aggregating thirty years, twenty of which shall have been in the public schools of The City of New York. The said board of education shall also have power by a two-thirds vote of all its members, and after a recom- mendation to that effect shall have been made by the board of trustees of the Normal college stating that the teacher is mentally or physically incapacitated for the performance of duty, to retire the female superintendent and any female tutors of the Normal college and the female superintendent and any female critic teacher of the training department of the Normal college who shall have taught in said Normal col- lege or training department or in the pubHc schools during a period aggregating thirty years. The said board of educa- tion upon the recommendation of the trustees of the Normal college may also, in its discretion, retire any such teacher or teachers upon her or their own application after the like CHARTER OF NEW YORK CITY. 479 period of service. All money, pay, compensation or salary or any part thereof forfeited, deducted or withheld from any female superintendent or superintendents or any female teacher or teachers of the Normal college and training de- partment for and on account of absence from duty for any cause shall be turned into the teachers' retirement fund by the board of trustees of said college. Any teacher, princi- pal or supervising official, including members of the board of examiners, so retired shall thereafter be entitled to receive as an annuity one-half the annual salary paid to said teacher, principal or supervising official at the date of said retirement, not to exceed, however, in the case of a teacher^ the sum of one thousand dollars per annum, in the case of a principal fifteen hundred dollars per annum, and in the case of a supervising official, two thousand dollars per annum. And in no case shall such annuity for any teacher, already retired or hereafter to be retired, be less than six hundred dollars. The said board is hereby given the power to use both the principal and the income of said fund. Charges against principal and teachers and others; proceedings thereon. § 1093. A local school board or any member thereof, the city superintendent, an associate city superintendent or a dis- trict superintendent, may prefer charges to the board of edu- cation against a principal, a branch principal, a director, a head of department, or any other officer exercising supervis- ing powers in the schools under their charge, or against a teacher in any of the schools under their charge, for gross misconduct, insubordination, neglect of duty or general in- efficiency. Pending trial, the board of education may sus- pend said principal or teacher or other officer, with or with- out pay, and appoint a substitute in his place. In accordance with by-laws to be passed by the board of education, a dis- trict superintendent shall have the Hke power to suspend a teacher in a school within his district, and shall forthwith re- port such suspension to the city superintendent, who shall immediately report it to the board of education. Pending action by the board of education, the city superintendent may appoint a substitute in the place of any teacher so sus- pended. The board of education, on receiving notice of such charges, shall immediately proceed to try and determine the case, either in the board or by a committee of its body, and shall fix the penalty or punishment, if any, to be imposed for 480 LAWS OF NEW YORK. the offense, and such penalty or punishment shall consist of a fine, suspension for a fixed time without pay, or dismissal; provided, however, that a vote of a majority of all the members of the board of education shall be neces- sary to impose the penalty of dismissal. The report of any committee holding such trial shall be subject to final ac- tion by the board, which may reject, confirm or modify the conclusions of the committee, and the decision of the board shall be final, except as to matters in relation to which, under the general school laws of the state, an appeal may be taken to the state superintendent of public instruction. In case the principal or other officer or teacher is acquitted, he shall be re- stored to his position with full pay for the period of suspen- sion. In all tiials authorized by this chapter all testimony taken shall be under oath, which the president of the board of education, chairman of a local school board or chairman of the committee conducting the trial is hereby authorized to admin- ister, and the supreme court shall have power, upon the appli- cation of such president or chairman, to compel any witness who may be summoned, to appear and testify before said board of education, local school board or committee. Annual report to state superintendent of public instruction. § 1094. The board of education shall, between the first day of August and the thirtieth day of September in each year, make and transmit to the state supermtendent of pubHc instruction a report in writing for the state school year ending on the next preceding thirty-first day of July, which report shall be in such form and shall state such facts as the state superintendent and the school laws of the state shall require. Annual report to mayor; other reports to mayor. § 1095. The board of education shall, between the first day of August and the thirtieth day of November in each year, make and transmit to the mayor of The City of New York a report in writing, for the year ending on the thirty-first day of July next preceding, stating the whole number of schools under its jurisdiction during the said year, ending on the thirty-first of July; the number of teachers; the total number of pupils on register, and the aver- age attendance at each school ; the number of high schools and training schools for teachers, with the number of teachers and the attendance of pupils at each ; the corporate CHARTER OF NEW YORK CITY. 481 schools or societies from which reports have been made, as elsewhere prescribed in this act, the length of time such schools have been kept open, and the number of teachers and of pupils taught in each such school. The board of edu- cation shall also between the first day of January and the fif- teenth day of February in each year make and transmit to the mayor of The City of New York another report bearing date the thirty-first day of December next preceding, stating the total amount of money expended for the purposes of public education in said city during the year ending on said thirty- first day of December. The board of education shall also make in said reports such suggestions and recommendations relative to the public schools of The City of New York as it may deem proper. Removals by mayor after hearing for neglect or misconduct. § 1096. Any member of the board of education, or of a local school board, may be removed by the mayor of said city, upon proof either of official misconduct in office, or negligence of official duties, or of conduct in any manner con- nected with his official duties, or otherwise, which tends to discredit his office, or the school system, or for mental or physical inability to perform his duties, but before such re- moval of said member he shall receive due and timely notice in writing of the charges and a copy thereof, and shall be en- titled to a hearing on like notice before the mayor, and to the assistance of counsel on said hearing. The board of education to cause accounts and records to be made and kept. § 1097. The board of education shall provide the proper book or books, in form as required by its by-laws, and shall cause the class teachers under the direction and supervision of the principal to enter the names, ages and residences of the scholars attending the school, the name of the parent or guardian of each pupil and the days on which the scholars shall have attended respectively, and the aggregate attendance of each scholar during the year, and also the day upon which the school shall have been visited by the city superintendent or by an associate city superintendent or by the district superintendent, or by members of the board of education, or by members of the local school board, or by any of them, which entry shall be verified by such oath or affirmation of the principal as may be prescribed by the board 482 LAWS OF NEW YORK. of education. These books shall be preserved as the prop- erty of the board of education and, shall at all times be open to inspection by members of the board of education, by mem- bers of the local school boards and by the city superintend- ent, or by any associate city superintendent^ or by the . dis- trict superintendents. School officers not to be interested in contracts; removal of. § 1098. The board of education shall have power to remove from office any school officer who shall have been directly or indirectly interested in the furnishing of any sup- plies or materials, or in the doing of any work or labor, or in the sale or leasing of any real estate, or in any proposal, agree- ment or contract for any of these purposes, in any case in which the price or consideration is to be paid, in whole or in part, directly or indirectly, out of any school moneys, or who shall have received, from any source whatever, any commis- sion or compensation in connection with any of the matters aforesaid; and any school officer who shall violate the preced- ing provisions of this section shall be deemed guilty of a misdemeanor, and upon conviction thereof, shall be punished by a fine not exceeding one thousand dollars or imprisonment in the city prison not exceeding one year, or both, and shall also be ineligible to any school office. The provisions of this section shall not apply to authors of school books used in any of the public schools because of any interest they may have as authors in such books. Contributions to political funds, etc., prohibited. § 1099. Neither the city superintendent of schools, nor any associate or district superintendent of schools, nor any member of the board of examiners, nor any member of the supervising or teaching stafif of the department of education of The City of New York, shall be permitted to contribute any moneys, directly or indirectly, to any fund intended to affect legisla- tion increasing their emoluments. Powers of investigation. §1100. The board of education may investigate, of its own motion or otherwise, either in the board or by a committee of its own body, any subject of which it has cognizance or over which it has legal control, including the conduct of any of its members or employes or those of any local school board ; and for the purpose of such CHARTER OF NEW YORK CITY. 4S3 investigation, such board or its president, or committee and its chairman, shall have and may exercise all the powers which the board of education has or may exercise in the case of a trial under section one thousand and ninety-three of this act. Any action or determination of a com.mittee appointed .uider the provisions of this section shall be subject to approval or reversal by the board which may also modify the deter- mination of the committee in such way as the board shall deem proper and just, and the judgment of the board thereon shall be final. Continuation in office of all employes under the public school system. § iioi. Except as herein otherwise provided, the city superintendent, the members of the board of examiners, the supervisors^ the directors, and all principals, teach- ers and other members of the educational staff in the public school system of any part of The City of New York, and all school ofificers or other employes appointed by the board of education before this act takes effect, including the secretary of the board, the city superintendent of schools, the superin- tendent of school buildings, the superintendent of school sup- plies, the auditors, and all deputies, clerks and other em- ployes in their respective offices, shall continue to hold their respective positions and to be entitled to such compensation as is now provided or may hereafter be provided by the law- ful authority subject to change of title, to reassign- ment or to removal for cause, as may be provided by law, and subject to the right of the said board to abolish unnecessary positions. The secretaries, clerical force and employes of the several borough school boards abolished by this act, including the supervisor of lectures for the bor- oughs of Manhattan and the Bronx, shall be assigned by the board of education, and the clerical force and the employes of the several borough superintendents and boards of bor- ough superintendents also abolished by this act shall be as- signed by the board of superintendents, to positions and duties corresponding as nearly as may be to their respective posi- tions and duties before this act takes effect without preju- dice or advantage, provided, hov/ever, that nothing herein contained shall be construed to repeal, limit, modify or abridge any provisions of law or civil service regulations relative to the removal of subordinates by public officers or heads of departments, or to affect the right of adding to the duties or reducing the salary of any secretary, clerk or employe and 484 LAWS OF ^^EW YORK. abolishing unnecessary positions. All licenses to teach or certificates of qualifications for teaching granted by the su- perintendent of public instruction of the city of Brooklyn, or by authority of the board of education of the said city of Brooklyn, prior to February first, eighteen hundred and ninety- eight, or recognized by the board of education of the said city of Brooklyn or the state superintendent of public instruction as in force at that date in said city, shall unless revoked for cause by the state superintendent of public instruction, be recognized by the city superintendent of schools and the board of examiners of The City of New York, as in full force, and shall entitle the holders to appointment or promotion to any position to which they were respectively eligible by the pos- session of such licenses or certificates. All persons heretofore transferred under the provisions of this chapter as originally enacted to the service of the consolidated city who hold of- fices for definite terms, shall be deemed to have been trans- ferred for the remainder of their respective terms only. School money appropriation by the state to the public schools of the city. § II02. Whenever the city clerk shall receive notice from the state superintendent of public instruction of the amount of moneys apportioned to The City of New York for the support and encouragement of common schools therein, he shall immediately lay the same before the board of alder- men of said city; and the chamberlain of the said city shall apply for and receive the school moneys apportioned to the said city as soon as the same become payable, and place the same in the city treasury, to the credit of the general fund for the reduction of taxation. TITLE 2. The College of The City of New York, To continue as a separate corporation. § 1 127. The College of The City of New York shall con- tinue to be a separate and distinct organization and body corporate, and as such shall have the powers and privileges of a college, pursuant to the revised statutes of this state, and be subject to the provisions of the said statute relative to colleges, and to the visitation of regents of the university, in like manner with the other colleges of the state. CHARTER OF NEW YORK CITY. 485 Trustees of college of city of New York; number, appointment. § 1 1 28. The board of trustees of said college on and after the first day of July, nineteen hundred, shall consist of nine residents of the city to be appointed as hereinafter provided, of the president of the board of education of the city ex officio and of the president of said college ex officio. Pro- vided, however, that after the president of said college now in office vacates the same, his successor shall not be a mem- ber of said board of trustees. Except as herein otherwise provided, the said board shall have and possess the powers conferred upon and be subject to the duties required of the trustees of colleges by the university law. The mayor of The City of New York shall appoint before the first day of June, nineteen hundred, nine persons to serve as such trus- tees, to hold office respectively as shall be designated by the mayor, for one, two, three, four, five, six, seven, eight and nine years from the first day of July, nineteen hundred. On or before the first day of June prior to the expiration of the term of office of any trustee the mayor shall appoint his suc- cessor for a full term of nine years from the first day of July follow^ing. The mayor shall fill any vacancy existing in the office of trustee — other than the president of the board of education — by the appointment of a trustee to hold office for the unexpired term. Each trustee so appointed shall take the oath of office required by the constitution of the state. Any resignation from the office of trustee shall be made to the mayor. No trustee shall be subject to removal under the provisions of section ninety-five of this act, but any trus- tee may be removed by the mayor upon proof either of offi- cial misconduct or negligence of official duties, or of conduct in any manner connected with his official duties or otherwise which tends to discredit his office, or the school system, or for mental or physical inabiHty to perform his duties, but before such removal he shall receive due and timely notice in writing of the charges and a copy thereof, and shall be entitled to a hearing on like notice before the mayor, and to the assistance of counsel on said hearing. The board of trustees shall have power- to prescribe by-laws and regula- tions for the board and for the government of the college, its faculty, instructors and other employes. Such by-laws shall include rules governing the appointment of all officers, members of the faculty, instructors and other employes of the college. A majority of the members of the board ap- pointed by the mayor as aforesaid shall constitute a quorum 486 LAWS OF NEW YORK. for the transaction of business and no resolution or act of the board shall be invalid by reason of any vacancy existing in the board, provided that such act or resolution shall be adopted by a vote of five members of the board. Laws applicable. § 1 1 29. All acts of the legislature which were In force on March thirtieth, eighteen hundred and sixty-six, in regard to the free academy, and to its control, management, support and affairs, not since modified or repealed, and which are not inconsistent with the provisions of this act, and all laws in force at the time this act takes effect relative to the College of the city of New York not inconsistent with this act are hereby declared to be applicable to the said college. Participation in state literature and other funds. § 1 130. The College of The City of New York shall be en- titled to participate in the distribution of the income of the literature and other funds in the same manner and upon the same conditions as the other colleges of the state, and the regents of the University of the State of New York shall pay annually to the comptroller of The City of New York, as trustee for said college, the distributive share of the said funds to which the said college of The City of New York shall, by law, be entitled, and which shall be applied and ex- pended for library books for the said college. Duties of trustees to report. § 1 131. It shall be the duty of the trustees of said college, annually on or before the first day of September, to report to the board of estimate and apportionment such sum, not ex- ceeding one hundred and seventy-five thousand dollars in any one year, as they may require for the payment of the salaries of the professors and officers of said college, for ob- taining and furnishing scientific apparatus, books for the students and all other necessary supplies therefor; for repair- ing and altering the college buildings; and for the support, maintenance and general expenses of said college; and the said board of estimate and apportionment and the board of aldermen of The City of New York are hereby authorized and directed in each and every year to raise and collect by tax on the estate, real and personal, liable to taxation in said city, such sum of money, not exceeding the amount aforesaid, as may be reported Xo them by said CHARTER OF NEW YORK CITY. 487 trustees; the amount so to be raised and collected to be in addition to the sums required for the purposes of common schools in The City of New York under the act entitled "An act to amend, consolidate and reduce to one act the several acts of the state of New York relative to the common schools of The City of New York," passed July third, eighteen hundred and fifty-one, and the several acts amenda- tory thereto. Upon the recommendation of the trustees, the board of estimate and apportionment and the board of alder- men may increase, from time to time, the amount annually to be raised in the tax levy for the maintenance of the College of the City of New York. Instruction to be furnished gratuitously by College of the City of New York; degrees and diplomas. § 1 1 32. The trustees of said college shall continue to fur- nish, through the College of the City of New York, the bene- fit of education, gratuitously, to boys who have been pupils in the common schools of the city, and to all other male stu- dents who are actual residents of said city, and who are quali- fied to pass the required examination for admission to said college. And the trustees, upon the recommendation of the faculty of the said college may grant the usual degrees and diplomas in the arts to such persons as shall have completed a full course of study in the said college. Reports by trustees to be furnished. § 1 133. The trustees of the College of the City of New York shall make and transmit, annually, on or before the first day of February in each year, to the board of aldermen and also to the secretary of the board of regents of the university of the state of New York a report, dated on the thirty-first day of December next pre- ceding, which report shall state the names and ages of all the pupils instructed in such college during the preceding year, and the time that each was so instructed, specifying which of them have completed a full course of study therein, and which have received degrees, medals, and other special testi- monials, a particular statement of the studies pursued by each pupil since the last preceding report, together with the books such student shall have studied, in whole or in part, and if in part, what portion ; an account or estimate of the library, philosophical and chemical apparatus, and mathe- matical or other scientific instruments belon^-ing- to such 48S LAWS OF NEW YORK. college ; the names of the instructors employed in said col- lege, and the compensation paid to each; what amount of money the board of education received during the year for the purposes of such college, and from what sources, specify- ing how much from each, and the particular manner, and the specific purposes for which such moneys have been ex- pended ; and such other information in relation to education in the said college and the measures of the board of trustees in the management thereof, as the board of aldermen or the regents of the university of the state of New York may, from time to time, require, TITLE 3. The Normal College. The Normal College of the City of New York, a corporation and college. § 1 139. The Normal College of the City of New York is hereby declared to be a separate and distinct organization and body corporate, and as such shall have the power and privi- leges of a college pursuant to the revised statutes of this state, and be subject to the provisions of the said statutes relative to colleges, and to the visitation of the regents of the university, in like manner with the other colleges of the state. Trustees, powers and duties of trustees. § 1 140. The members of the board of education of The City of New York, together with the president of the normal col- lege shall be ex officio the trustees of said college, and shall have and possess the powers conferred upon and be subject to the duties required of the trustees of colleges by the revised statutes. The president of the college shall be a member of the executive committee of the said trustees for its care, gov- ernment and management. Laws applicable to; participation in state literature and other funds. § 1 141. All acts of the legislature now in force with regard to the said normal college, its control, management, support and affairs, not inconsistent with the provisions of this act, are hereby declared to be applicable to said college. The Nor- mal College of the City of New York shall be entitled to participate in the distribution of the income of the literature, and other funds of the state in the same manner, and upon the same conditions as the other colleges of the state, and the CHARTER OF NEW YORK CITY. 489 regents of the university of the state of New York shall pay annually to the comptroller of The City of New York, as trustee for said college, the distributive share of the said funds to which the said Normal College of the City of New York shall by law be entitled, and which shall be applied and ex- pended for library books for said college. Trustees to report annually the amount required to pay salaries, etc.; such amount to be raised by taxation; board of aldermen may increase amount named herein. § 1 142. It shall be the duty of the trustees of said college annually on or before the fifteenth day of October to report to the board of estimate and apportionment such sum not exceed- ing one hundred and fifty thousand dollars in any one year, as they may require for the payment of salaries of the pro- fessors and officers of the said college, for obtaining and furnishing scientific apparatus, books for the students and all other necessary supplies therefor, for repairing and altering the college buildings, and for the support, maintenance and general expenses of said college; and the said board of esti- mate and apportionment, and the board of aldermen of The City of New York are hereby authorized and directed, in each and every year to raise and collect by tax on the estate, real and personal, liable to taxation in said city, such sum of money, not exceeding the amount aforesaid, as may be reported to them by said trustees, the amount so to be raised and collected to be in addition to the sums required for the purposes of common schools in The City of New York, under the act entitled " An act to amend, consolidate and re- duce to one act the several acts of the state of New York relative to common schools of The City of New York,*' passed July third, eighteen hundred and fifty-one, and the several acts amendatory thereto. Upon the recommendation of the trustees, the board of estimate and apportioment and the board of aldermen may increase from time to time the amount annually to be raised in the tax levy for the main- tenance of the normal college. Instruction to be furnished gratuitously; degrees and diplomas. § 1 143. The said board of education, as trustees of said college, shall continue to furnish through the Normal College of the City of New York, the benefit of education gratuitously to girls who have been pupils in the common schools of The City of New York as constituted by this act, for a period of 490 LAWS OF NEW YORK. time to be regulated by the board of trustees of said college, and to all other girls who are actual residents of said city, and who are qualified to pass the required examination for admission to said college ; and the board of trustees, upon the recommendation of the faculty of the said college, may grant the usual degrees and diplomas in the arts to such persons as shall have completed a full course of study in the said college. The said board of trustees shall give normal instruction in manual training for the purpose of preparing teachers of manual training- for the common schools. Annual reports of trustees. § 1 144. The trustees of the Normal College of the City of New York shall make and transmit annually, on or before the first day of February in each year, to the board of aldermen and also to the secretary of the board of regents of the university of the state of New York, a report, dated on the last secular day of December next preceding, which report shall state the names and ages of all the pupils instructed in said college during the preceding year, and the time that each was so instructed, specifying which of them have completed a full course of study therein, and which have received degrees, medals and other special testimonials; a particular statement of the studies pursued by each pupil since the last preceding report, together with the books such student shall have studied, in whole or in part, and if in part, what portions; an account or estimate of the library, philosophical and chemical apparatus and mathematical or other scientific instruments belonging to said college; the names of the in- structors employed in said college and the compensation paid to each ; what amount of moneys the board of trustees received during the year for the purposes of said college, and from what source, specifying how much from each, and the par- ticular manner and the specific purposes for which such moneys have been expended, and such other information in relation to education in the said college, and the measures of the board of trustees in the management thereof, as the board of educa- tion or the regents of the university of the state of New York may from time to time require. Money appropriated for, to be expended when required by trustees; contracts by trustees. § 1 145. The moneys apportioned to the board of education of said city of New York by the board of estimate and appor- CHAKTER OF Nf]W YOKK CITY. 491 tionment and board of aldermen, for the payment of the salaries of the professors and officers of said college, for obtaining and furnishing scientific apparatus, books for the students and all other necessary supplies therefor, for repairing and altering the college buildings, and for the support, maintenance and general expenses of said college, shall be expended for said normal college when required by the trustees of the Normal College of the City of New York, with the same right, power and authority as if the said college were under the control of the board of education of The City of New York. All contracts entered into or liabilities incurred by said trustees involving the expenditure of more than one thousand dollars, except agreements for the payment of sala- ries, shall be entered into and incurred in the same manner and subject to the restrictions and limitations provided as tc other expenditures of public moneys as provided for in this act. TITLE 4. General Provisions. Religious sects and dogmatic books excluded; Bible retained. § 1 151. No school shall be entitled to or receive any portion of the school moneys in which the religious doctrines or tenets of any particular Christian or other religious sect shall be taught, inculcated or practiced, or in which any book or books, containing compositions favorable or prejudicial to the par- ticular doctrines or tenets of any particular Christian or other religious sect shall be used, or which shall teach the doctrines or tenets of any other religious sect, or which shall refuse to permit the visits and examinations provided for in this chapter. But nothing herein contained shall authorize the board of education or the school board of any borough to exclude the Holy Scriptures, without note or comment, or any selections therefrom, from any of the schools provided for by this chap- ter; but it shall not be competent for the said board of educa- tion to decide what version, if any, of the Holy Scriptures, without note or comment, shall be used in any of the schools,* provided that nothing herein contained shall be so con strued as to violate the rights of conscience, as secured by the constitu- tion of this state and of the United States, LAWS OF NEW YORK. Certain private schools authorized to participate in common school fund. § 1 1 52. The school established and maintained by the Five Points House of Industry, in The City of New York, the school established and maintained by the Ladies' Home Missionary Society of the Methodist Episcopal Church, at the institu- tion in Park street, near the place usually called the Five Points, in the said city, and the industrial schools established and maintained under the charge of the Children's Aid Society, in The City of New York, or any other private school in the said city in the discretion of the board of education, shall par- ticipate through the board of education in the distribution of the common school fund in the same manner and degree as the common schools in The City of New York, and shall be subject to the same regulations and restrictions as are now by law imposed on the common schools of New York. To report as to moneys and attendance. § 1 153. The board of education shall require from the offi- cers conducting schools by appointment of the board, and from the trustees, managers or directors of the corporate schools entitled to participate in the apportionment of school moneys, a report in all respects similar to that formerly re- quired in The City of New York as constituted prior to the passage of this act from the trustees of each ward. And in making the apportionment among the several schools, no share shall be allotted by the board to any school or society from which no sufficient annual report shall have been received, for the year ending on the last day of June immediately preceding the apportionment. Certain additional private schools authorized to participate in school funds. § 1 1 54. The New York Orphan Asylum School, the Roman Catholic Orphan Asylum School, the schools of the two half orphan asylums, the school of the Society for the Reformation of Juvenile Delinquents, in The City of New York, the school for the Leake and Watts' Orphans' House, the school connected with the almshouse of said city, the school of the Association for the Benefit of Colored Orphans, the schools of the American Female Guardian Society, the school established and maintained by the New York Juvenile Asylum, by the New York Infant Asylum, by the Nursery and Child's Hospital, including the country branch thereof; the orphan asylums and industrial schools as existing in the city of Brooklyn at the time of the CHARTER OF NEW YORK CITY. 493 passage of this act, and the several schools and branches thereof, the schools organized under the act entitled ''An act to extend to the city and county of New York the provisions of the general act in relation to the common schools, passed April eleventh, eighteen hundred and forty-two," or an act to amend the same, passed April eighteenth, eighteen hundred and forty-three, or an act entitled '*An act more effectually to provide for common school education in the city and county of New York, passed May seventh, eighteen hundred and forty-four," or any of the acts amending the same, and such schools as may be organized under the provisions of this chap- ter shall be subject to the general supervision of the board of education, and shall be entitled, through the said board to participate in the apportionment of the school moneys, as provided for in this chapter, but they shall be under the im- mediate direction of their respective trustees, managers and directors, as herein provided. Accidental omission to report. § 1 155. Whenever an apportionment of the public money shall not be made to any school, in consequence of any acci- dental omission to make any report required by law, or to comply with any other regulation or provision of law, the board of education may, in its discretion, direct an apportion- ment to be made to such school, according to the equitable circumstances of the case, to be paid out of the public money on hand, or if the same shall have been distributed out of the public money to be received in a succeeding year. Trustees of such schools may convey to corporation and become merged. § 1 156. The trustees, managers and directors of any of the corporate schools entitled to participate in the apportionment of the school moneys may, at any time, convey their school houses and sites to the corporation of The City of New York, and transfer any of their schools to the board of education, on the terms and in the manner to be agreed upon and prescribed by the board of education, so as either to merge the said schools in the public schools or adopt them as public schools; and the same shall then be public schools, subject to all the niles, duties and liabilities, and enjoy the same rights as if they had been orginally established as public schools. 494 LAWS OF NEW YORK. Nautical school to be established. § 1 157. The board of education is authorized and directed to provide and maintain a nautical school in said city, for the education and training of pupils in the science and practice of navigation; to furnish accommodations for said school, and make all needful rules and regn.^ations therefor, and for the number and compensation of instructors and others employed therein; to prescribe the government and discipline thereof, and the terms and conditions upon which pupils shall be re- ceived and instructed therein, and discharged therefrom, and provide in all things for the good management of said nautical school. And said board shall have power to purchase the books, apparatus, stationery, and other things necessary or expedient to enable said school to be properly and successfully conducted, and may cause the said school or the pupils, or part of the pupils, thereof to go on board vessels in the harbor of New York, and take cruises in or from said harbor for the purpose of obtaining a practical knowledge in navigation and of the duties of mariners. And the said board are hereby authorized to apply to the United States government for the requisite use of vessels and supplies for the purpose above mentioned. Nautical school; management of. § 1 1 58. The said board of education shall appoint annually at least three of their number who shall, subject to the control, supervision and approbation of the board, constitute an execu- tive committee, for the care, government, and management of such nautical school, under rules and regulations so prescribed, and whose duty it shall be, among other things, to recommend the rules and regulations which they deem necessary and proper for such school. Chamber of Commerce to appoint committee to serve as council. § 1 1 59. The chamber of commerce of New York is author- ized to provide for and appoint a committee of its members to serve as a council of the nautical school, whose duty it shall be as far as may be, to advise and co-operate with the board of education in the establishment and management of such school, and from time to time to visit and examine the same, and to communicate in respect thereof, with the board of education, or such executive committee thereof, and to make reports to the chamber of commerce which may transmit to the state superintendent of public instruction such reports, or CHAKTER OF NEW YORK CITY. 495 any thereof, or an abstract of the same, with such recom- mendations as may be deemed advisable. Expenses. § 1160. After the establishment and organization of the said school, the expenses thereof, and of carrying out the provi- sions of this chapter, shall be defrayed from the moneys raised by law for the support of common schools in The City of Kew York. New York Institution for the Blind. § 1 161. The board of education is hereby authorized and required to distribute to the managers of the New Y'ork Insti- tution for the Blind a ratable proportion of the said school fund to every blind pupil in said institution, without regard to age. CHAPTER XIX. Department of Health. Title I. Powers and duties of the department, its officers and administration. Title 2. Marriages, births and deaths. Title 3. Duties of physicians and others. Title 4. Legal proceedings and punishment for disobedience of orders and ordinances. Title 5. Reimbursement of expenses. Title 6. Abatement by suit. Title 7. Lodging houses. Title 8. Pension fund. title I. Organization, ^Administration, Authority., Duties and Powers of Department. The board of health the head of the department of health. § 1 167. The head of the department of health shall be called the board of health. Said board shall consist of one commissioner to be called the commissioner of health, the police commissioner and the health officer of the port. The cpmmissioner of health shall be appointed by the mayor, shall hold office as provided in chapter four of this act, and shall be the president of the board of health. The commis- sioner of health shall be the executive officer of the health 496 LAWS OF NEW YORK. department. The terms of office of the three officers called commissioners of health, except the president of the board of health, appointed pursuant to the provisions of the Greater New York Charter, shall cease and determine on the first day of January, nineteen hundred and two, and the said president shall thereupon become the commissioner of health. Authority, duty and powers of the board of health. § 1 1 68. The authority, duty and powers of the department of health shall extend over The City of New York, and the waters adjacent thereto, within the jurisdiction of said city, and over the waters of the bay within the quarantine limits as established by law, but shall not be held to interfere with the powers and duties of the commissioners of quarantine or the health officer of the port. It shall be the duty of the department of health to make an annual report to the mayor of The City of New York, of all the operations of the de- partment for the previous year. The mayor may at any time call for a fuller report, or for a report upon any portion of the work of said department, whenever he may deem it to be for the public good so to do. All the authority, duty and powers heretofore conferred or enjoined upon the health departments, boards of health, health and sanitary officers in any of the municipal and public corporations or parts thereof, in any of the territory now within or hereafter to become a part of The City of New York, as constituted by this act, and vv^ithin the jurisdiction of said city, by chapter seventy-four of the laws of eighteen hundred and sixty-six, and the several acts amendatory thereof, and by any other subsequent laws of this state, and upon the several officers and members of said boards, by the laws constituting and appointing all such departments, boards of health, and sani- tary officers and members of said boards, by the laws consti- tuting and appointing all such departments, boards of health, and sanitary officers, and giving and granting to them, or any of them, duties and powers not inconsistent with the pro- visions of this act, are hereby conferred upon and vested in and enjoined upon, and shall hereafter be exclusively exer- cised in The City of New York by the department of health, and board of health, created by this act, and by the officers of said board of health and the said department of health, and the same are to be exercised in the manner specified in said chapter seventy-four of the laws of eighteen hundred and sixty-six, and the several acts amendatory thereof, and CHARTER OF NEW YORK CITY. 497 by any other subsequent laws of the state relative to health and sanitary matters, and the prevention of pestilence and disease in said city of New York, or in any part thereof, and in conformity with the provisions of this act. Duty of board as to enforcement of laws; information. § 1 169. It shall be the duty of said board of health to aid the enforcement of, and so far as practicable, to enforce all laws of this state, applicable in said district, to the preserva- tion of human life, or to the care, promotion, or protection of health ; and said board may exercise the authority given by said laws to enable it to discharge the duty hereby imposed; and this section is intended to include all laws relative to clean- liness, and to the use or sale of poisonous, unwholesome, dele- terious, or adulterated drugs, medicines or food, and the necessary sanitary supervision of the purity and wholesome- ness of the water supply and the sources thereof for The City of New York. And said board is authorized to require reports and information at such times and of such facts, and gener- ally of such nature and extent, relative to the safety of life and promotion of health as its by-laws or rules may provide, from all public dispensaries, hospitals, asylums, infirmaries, prisons and schools, and from the managers, principals and officers thereof; and from all other public institutions, their officers and managers, and from the proprietors, mana- gers, lessees, and occupants of all theatres and other places of public resort or amusement in said district ; but such reports and information shall only be required concerning matters, or particulars, in respect of which, it may, in its opinion, need information, for the better discharge of its duties in said city of New York and every part thereof. It is hereby made the duty of the officer^ institutions, and persons so called on, or referred to, to promptly give such information and make such reports verbally or in writing as may be required by said board. The board of health shall use all reasonable means for ascer- taining the existence and cause of disease or peril to life or health, and for averting the same, throughout said city, and shall promptly cause all proper information in possession of said board , to be sent to the local health authorities of any city, village, or town in this state which may request the same, and shall add thereto such useful suggestions as the experience of said board may supply. It shall be the duty of said board, so far as it may be able, without serious expense, to gather and preserve such information and facts relating to death, disease 498 LAWS OF NEW YORK. and health, from other parts of this state, but especially in said city, as may be useful in the discharge of its duties, and con- tribute to the promotion of health, or the security of life in the state of New York. It shall be the duty of said board to give all information that may be reasonably requested con- cerning any threatened danger to the public health, to the health officer of the port of New York, and to the commis- sioners of quarantine of said port; who shall give the like information to said board; and said board, and said officers and quarantine commissioners shall, so far as legal and prac- ticable, co-operate together to prevent the spread of disease, and for the protection of life and the promotion of health, within the sphere of their respective duties. Said board may grant bills of health to masters of vessels certifying to the condition of the city in respect of health. Hospitals* § 1 1 70. Said board may remove or cause to be removed to proper place, to be by it designated, any person sick with any contagious, pestilential, or infectious disease ; shall have exclu- sive charge and control of the hospitals for the treatment of such cases; and shall have power to provide and pay for the use of proper places to which to remove such persons as well as to designate such places. The board of health is authorized and empowered to erect, establish, maintain, and furnish, upon North Brothers island and in such other places within The City of New York as are now used for such purposes, build- ings and hospitals for the care and treatment of persons sick with contagious diseases, and shall have the exclusive charge and control of the said buildings and hospitals. It shall have power to take possession of, and occupy for temporary hos- pitals, any building or buildings in the said city, during the prevalence of an epidemic, if in the judgment of the board the same may be required, and shall pay for private property so taken a just compensation for the same. Said board may cause proper care and attendance to be given to persons sick or removed, when it shall be made to appear to the said board that any such person is so poor as to be unable to procure for himself such care and attendance, or that the public health requires special medical care and attendance. The board of health may send to such place as it may direct, all aliens and other persons in the city, not residents thereof, who shall be sick of any infectious, pestilential, or contagious disease. The expense of the support of such aliens or other persons shall be CHAKTER OF NEW YORK CITY. 499 defrayed by the corporation of The City of New York, unless such aUens or other persons shall be entitled to support from the commissioners of emigration. No person shall remove any person sick with infectious, contagious or pestilential dis- ease from any vessel or other place in said city without a writ- ten permit from the board of health. Repairs of building. § 1 171. The powers of the board of health shall be construed to include the ordering and enforcing in the same manner as other orders are provided to be enforced, the repairs of build- ings, houses, and other structures; the regulation and control of all public markets (so far as relates to the cleanliness, venti- lation and drainage thereof, and to the prevention of the sale, or offering for sale, of improper articles therein) ; the removal of any obstruction, matter or thing in or upon the public streets, sidewalks or places which shall be in its opinion liable to lead to results dangerous to life or health; the prevention of accidents by which life or health may be endangered; and generally the abating of all nuisances. It is hereby expressly declared that the said board of health shall have and possess full and complete power with reference to the ventilation, drainage and cleanliness of the stands or stalls in or around all markets, and ^aid board shall have in said city all common- law rights to abate any nuisance without suit, which can or does in this state belong to any person whatever. Sanitary code. § 1 1 72. The sanitary code which shall be in force in The City of New York the first day of January, nineteen hundred and two, and all existing provisions of law fixing penalties for violations of said code are hereby declared to be binding and in force in The City of New York, and shall continue to be so binding and in force, except as the same may, from time to time, be revised, altered, amended or annulled as herein provided. Provided, however, that so much of this section as declares the sanitary code binding and in force in The City of New York shall not be construed as limiting the storage of fertilizers or the keep- ing and slaughtering of fowls, cattle and other domestic animals upon premises used for farming in unimproved sec- tions of the city, or as forbidding the ordinary use of country roads in driving such fowls, cattle and other domestic animals. Said board of health is hereby authorized and empowered, 500 LAWS OF NEW YORK. from time to time, to add to and to alter, amend or annul any part of the said sanitary code, and may therein publish addi- tional provisions for the security of life and health in The City of New York, and confer additional powers on the de- partment of health, not inconsistent with the constitution or laws of this state, and may provide for the enforcement of the said sanitary code by such fines, penalties, forfeitures, or imprisonment as may by ordinance be prescribed. The board of health may embrace in said sanitary code all matters and subjects to which, and so far as, the power and authority of said department of health extends, not limiting their application to the subject of health only. Any viola- tion of said sanitary code shall be treated and punished as a misdemeanor. Pecuniary penalties for violation of said sanitary code may be recovered in a civil action in the name of the department of health of The City of New York, before any justice or tribunal in said city, having juris- diction of civil actions; and all such justices and tribunals shall take jurisdiction of such action. Copies of the record of the proceedings of said board of health, of its rules, regu- lations, ordinances, by-laws and books and papers constitut- ing part of its archives, and the sanitary code, now or here- after in force in said city, when authenticated by its secretary or secretary pro tempore, shall be presumptive evidence, and the authentication taken as presumptively correct in any court of justice, or judicial proceeding, when they may be relevant to the point or matter in controversy, of the facts, statements, and recitals, therein contained. Judicial notice of seal and presumptions. § 1 1 73. The actions, proceedings, authority, and orders of said board of health shall at all times be regarded as in their nature judicial, and be treated as prima facie just and legal. All meetings of said board shall in every suit and proceeding be taken to have been duly called and regularly held, and all orders and proceedings to have been duly authorized, unless the contrary be proved. All courts shall take judicial notice of the seal of said board and of the signature of its secretary and chief clerk. Seal. § 1 174. The board of health may design and adopt a seal, and use the sam.e in the authentication of its orders and pro- ceedings, commissioning its officers and agents, and other- CHARTER OF NEW YORK CITY. 601 wise, as the rules of the board may provide. Said board may enact such by-laws, rules and regulations as it may deem advisable, in harmony with the provisions and purposes of this chapter, and not inconsistent with the constitution or laws of this state, for the regulation of the action of said board, its officers and agents, in the discharge of its and their duties, and from time to time may alter, annul or amend the same. Publication of reports and statistics. § 1 175. The board of health may establish as It shall deem wise, and to promote the public good and public service, reasonal^le regulations as to the publicity of any of the pa- pers, files, reports, records and proceedings of the depart- ment of health ; and may publish such information as may, in its opinion, be useful, concerning births, deaths, mar- riages, sickness, and the general sanitary conditions of said city^ or any matter, place or thing therein. Proceedings relative to dangerous buildings, vessels, places and things. § 1 176. Whenever any building, erection, excavation, prem- ises, business pursuit, matter or thing, or the sewerage, drain-, age or ventilation thereof, in said city, shall, in the opinion of said board, whether a^ a whole or in any particular, be in a condition or in effect dangerous to life or health, said board may take and file among its .records what it shall regard as sufficient proof to authorize its declaration that the same, to the extent it may specify, is a public nuisance, or dangerous to life or health; and said board may thereupon enter in its records the same as a nuisance, and order the same to be re- moved, abated, suspended, altered, or otherwise improved or purified, as said order shall specify; and if any party served with such order (or intended to be according to this chapter) shall, before its execution is commenced, or within three days after such service or attempted service, apply to said board, or the president thereof, to have said order or its execution stayed or modified, it shall then be the duty of said board to temporarily suspend or modify said order or the execution thereof, save in cases of imminent danger from impending pestilence, when said board may exercise extraordinary pow- ers, as herein elsewhere specified, and to give such party or parties together, as the case in the opinion of the board may require, a reasonable and fair opportunity to be heard before 502 LAWS OF NEW YORK. said board and to present facts and proofs, according to the rules or directions of said board, against said declaration and the execution of said order, or in favor of its modification, according to the regulations of the board; and the board shall enter in its minutes such facts and proofs as it may receive and its proceedings on such hearing, and any other proof it may take; and thereafter may rescind, modify or reaffirm its said declaration and order, and require execution of said orig- inal, or of a new or modified order to be made in such form and effect as it may finally determine. Said board may order or cause any excavation, erection, vehicle, vessel, water craft; room, building, place, sewer, pipe, passage, premises, ground, matter or thing in said city or adjacent waters, regarded by said board as in a condition dangerous or detrimental to life or health, to be purified, cleaned, disinfected, altered or im- proved; and may also order any substance, matter or thing being or left in any street, alley, water, excavation, building, erection, place or grounds (whether such place, where the same may be, is public or private) and which said board may regard as dangerous or detrimental to life or health, to be speedily removed to some proper place; and may designate or provide a place to which the same shall be removed, when no such adequate or proper place, in the judgment of said board, is already provided. If said order is not complied with, or as far complied with as said board of health may regard as reasonable, within five days after such service or attempted service, or within any shorter time, which, in case of pestilence, the board of health may have designated, or is not thereafter speedily and fully executed, then any such order may be exe- cuted as herein elsewhere provided in regard to any of the orders of said board. And if personal service of any afore- said order can not be made under this section by reason of absence from said district, or inability to find one or more of the owners, occupants, lessees or tenants of the subject matter to which said order relates, or one or more of the persons whose duty it was to have done what is therein required to be done, as the case may render just and proper in the opinion of said board; to be shown by the ofiicial certificates of the officer having such order to serve, then service may be made through the mail, or by a copy left at the residence or place of business of the person sought to be served, with a person of suitable age and discretion, and the expenses attending the execution of any and all such orders respectively shall be a several and joint personal charge against each of the owners CHARTER OF NEW YORK CITY. 503 or part owners, and each of the lessees and occupants of the building, business, place, property, matter or thing to which said order relates, and in respect of which said expenses were incurred; and also against every person or body who was by law or contract bound to do that in relation to such business, place, street, property, matter or thing, which said order requires, and said expenses shall also be a lien on all rent, compensation due or to grow due, for the use of any place, room, building, premises, matter or thing to which said order relates, and in respect of which said expenses were incurred; and also, a lien on all compensation due or to grow due for the cleaning of any street, place, ground or thing, or for the cleansing or removal of any matter, thing or place, the failure to do which by the party bound so to do, or the doing of the same in whole or in part by order of said board, was the cause or occasion of any such order or expense. Said board of health, its assignee or the party who has, under its order or that of the police board, acting thereunder, incurred said expense, or has rendered service for which payment is due, and as the rules of said board of health may provide, may institute and maintain a suit against any one herein declared liable for expenses as aforesaid, or against any person, firm or corporation owing, or who may owe, such rent or com- pensation, and may recover the expenses so incurred under any order aforesaid. Extraordinary expenditures. § 1 1 77. The department of health may use, m compensation of special inspectors, physicians and nurses, and for supplies and contingencies, such sum, not exceeding in the aggregate eighty thousand dollars, in excess of the annual appropriation, as may be at any time appropriated by the board of estimate and apportionment for the prevention of danger from con- tagious or infectious diseases found to exist in said city, or for the care of persons exposed to danger from contagious or infectious diseases. Declaration of imminent peril. § 1 178. In the presence of great and nnminent peril to the public health by reason of impending pestilence, it shall be the duty of the board of health, having first taken and filed among its records what it shall regard as sufficient proof to authorize its declaration of such peril, and having duly entered the same in its records, to take such measures, 504 LAWS OF NEW YORK. and to do and order, and cause to be done, such acts and make such expenditures (beyond those duly estimated for or provided) for the preservation of the public health (though not herein elsewhere or otherwise authorized) as it may in good faith declare the public safety and health to demand, and the mayor shall in writing approve. But the exercise of this extraordinary power shall also, so far as it involves such ex- cessive expenditures, require the written consent of at least two members of the board of health, and the approval as aforesaid of the mayor. And such peril shall not be deemed to exist except when, and for such period of time, as the board of health and mayor shall declare. Bureaus. § 1 1 79. There shall be two bureaus in the department of health. The chief officer of one bureau shall be called the " sanitary superintendent," who, at the time of his appoint- ment, shall have been, for at least ten years, a practicing phy- sician, and for three years a resident of The City of New York, and he shall be the chief executive officer of said de- partment. The chief officer of. the second bureau shall be called the " registrar of records," and in said bureau shall be recorded, without fees, every birth, marriage, and death, and all inquisitions of coroners, which shall occur, or to be taken within The City of New York. But in cases of inquests, where the jury shall find that the death was caused by negligence or malicious injury, only a copy of the record need be filed in said bureau. Offices and expenses. § 1 180. The board of health may fit up and furnish such offices and such branch offices in each and every borough provided for the department of health in accordance with law, as the convenience of the department, its officers, agents, and employes, and the prudent and proper discharge of the duties of the department may require; and may, subject to the other provisions of this act, make such other incidental and additional expenditures, having due regard to economy, as the purposes and provisions of this chapter, and the dangers to hfe and public health may justify or require ; and may provide that any failure of any officer, agent, or em- ploye of the department to duly fulfill his engagements or discharge his duty shall cause a forfeiture of the whole, or any less portion of the salary or compensation of such officer, CHAKTER OF NEW YORK CITY. 505 agent or employe, as the rules or .practice of the depart- ment may provide. Borough offices to be maintained. § 1181. The board of health shall establish and maintain in the boroughs of Manhattan, The Bronx, Brooklyn, Queens, and Richmond, offices wherein the business and du- ties of the department of health shall be performed and dis- charged under its rules, regulation and control. To this end the board of health shall appoint assistant sanitary superin- tendents, and assistant registrars of records, one of each of such officers to be assigned to each of the five borough offices above mentioned, and so many of the other officers, clerks, inspect- ors and subordinates allowed, pursuant to this chapter, as may be necessary to conduct and transact the business of the health department, in each of the said boroughs. In such borough offices, the board of health shall preserve the rec- ords, files, reports and papers belonging and pertaining to the boroughs in which the office is located. In the general office of the health department in the borough of Manhattan, shall also be preserved and kept, both for record and the use of the board of health, the archives of the department of health, and all the records, books, reports, files and papers belonging and pertaining to the general administration of the health department, and the business and transactions of the board of health, as well as those which belong to, and have special reference to, the business and transactions, and the discharge of the duties and powers of the health depart- ment in the borough of Manhattan. The board of health may likewise establish such other additional offices as it shall deem necessary for the proper discharge of the duties and powers of the health department in the several boroughs, with such force as may be essential thereto throughout the city as constituted by this act, but shall always maintain its chief office in the borough of Manhattan. Delegation of powers. § 1 182. The board of health and the commissioner of health may from time to time delegate any portion of its or his powers to the sanitary superintendent or an assistant sanitary superintendent, to be exercised by such delegates from the time and in the manner, and to the extent specified in such delegation in writing. Provided, however, that this section shall not be construed in restraint of the general 506 LAWS OF NEW YORK. power of the board of health to discharge its duties through any and all of its appointees. The department of health shall have a secretary, who shall subject to the direction of the board of health, keep and authenticate the acts, records, papers and proceedings of the department of health, preserve its books and papers, conduct its correspondence, and aid generally in accomplishing the purposes of this chapter. The board of health may designate a clerk to be the chief clerk of the depart- ment, and a clerk in each of the offices of the five boroughs above mentioned, in which offices are established, to be an assistant chief clerk, who may perform such duties of the secre- tary as shall be assigned to him; and papers certified by such chief clerk or by an assistant chief clerk shall be of the same effect as evidence and otherwise as if certified by the secretary. Duty of sanitary superintendents. § 1 183. It shall be the duty of the sanitary superintend- ent and the assistant sanitary superintendents, as each may be directed, to execute, or cause to be executed, the orders of said department of health and generally, according to instructions, to exercise a practical supervision in respect to the inspectors, agents, and persons other than the secre- tary, and health commissioner and as to the members of the police force, who may exercise any authority under this chapter; and said officers shall devote their services to the aforesaid purposes, as the board of health may, from time to time direct. Each such superintendent shall make reports weekly, or oftener, if directed by the board of health, in writ- ing, stating generally his own action and that of his subordi- nates, and the condition of the public health in said city, or any portion thereof, and any causes endangering life or health which have come to his knowledge during that period. Reports of, and inspection. § 1 184. The sanitary superintendent, the assistant sani- tary superintendents, the sanitary inspectors and the officers of said department may all visit sick persons, who shall be reported to the department of health as sick of any contagious, pestilential, or infectious disease and report to the department of health, in writing, his or their opinion of their sickness. He, or they, 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 CHARTER OF NEW YORK CITY, 507 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 contain putrid or unsound provisions or other articles likely to communicate disease to the inhabitants, and make and sign a report in writ- ing, stating the vessel, stores, places, and articles so inspected by him or them, and the nature, state, and situation thereof, and his or their opinion in relation thereto, as to the probability of disease being communicated by or from the same, and file such report in the chief office of the department of health. Sanitary inspectors. § 1 185. The board of health shall appoint and com- mission at least fifty sanitary inspectors, and shall have power to appoint twenty additional sanitary inspectors, if it deems that number necessary, and from time to time to prescribe the duties of each of said inspec- tors, and the place of their performance, and of all other persons exercising any authority under said de- partment, except as herein specially provided; but thirty of such inspectors shall be physicians of skill and of practical pro- fessional experience in said city. The additional sanitary inspectors heretofore duly appointed and commissioned, either in New York city, or in the city of Brooklyn, may be included among the sanitary inspectors mentioned in this section, and may continue to act as such without reappointment, but nothing herein contained shall curtail any of the powers vested in the department of health by this act, and the number of sanitary inspectors for whom provision is made in this section shall be exclusive of the special inspectors for whom provision is made in section eleven hundred and eighty-six and else- where in this act. All of the said inspectors shall have such practical knowledge of scientific or sanitary matters as qualify them for the duties of their office. Each of such inspectors shall once in each week, make a written report to said depart- ment, stating what duties he has performed, and where he has performed them, and also such facts as have come to his knowledge connected with the purposes of this chapter as are by him deemed worthy of the attention of said department, or such as its regulations may require of him; which reports, with the other reports herein elsewhere mentioned, shall be filed among the records of the said department. 508 LAWS OF NEW YOKK. Sanitary engineering service. § 1 1 86. The board of health may, from time to time, employ a suitable person or persons to render sanitary engineering service, and to make or supervise practical and scientific sanitary investigations and examinations in the city requiring engineering skill, and to prepare plans and reports relative thereto. Badges. § 1 187. The board of health may provide a badge of metal with a suitable inscription thereon, and direct and require it to be v^orn, in a position to be designated, by any person or offi- cer under the authority of said department, at such times and under such circumstances as the rules and by-laws of said department shall direct. Examinations and survey s. § 1 188. The members of the board of health, the health commissioners, the sanitary superintendent, the assistant sanitary superintendents, and any of the sanitary inspectors, and such other officer or person as may, at any time, be, by said board of health authorized, may, without fee or hindrance, enter, examine and survey all grounds, erections, vehicles, structures, apartments, buildings, and every part thereof, and places in the city, including vessels of all kinds in the waters, and all cellars, sewers, passages and excavations of every sort, and inspect the safety and sanitary condition, and make plans, drawings and descriptions thereof, according to the order or regulations of said department. Said department may make and publish a report of the sanitary condition, and the result of the inspection of any place, matter or thing in the city, so inspected, or otherwise, as aforesaid, so far as, in the opinion of the board of health, such publication may be useful. Proofs and affidavits. § 1 1 89. Proofs, affidavits and examinations as to any mat- ter under this chapter may be taken by or before the board of health or other person, as the board of health shall authorize : and the commissioner of health, the secretary, the sanitary superintendent, assistant sanitary superintendents and any member of said department shall, severally, have authority to administer oaths in such matters, and any person guilty of wilfully answering or testifying falsely therein shall incur all' the pains and penalties of perjury. CHARTER OF NEW YORK CITY. 509 Suits and service of papers. § 1 192. Said board of health may sue and be sued in and by the proper name of " The Department of Health of The City of New York,'* and not in or by the name of the members of said board, or any of them; and service of all process in suits and proceedings against or affecting said board, and other papers may be made upon the president of said board, or upon its secretary, and not otherwise; except that, accord- ing to usual practice in other suits, papers in suit to which said board of health is a party may be served on the corporation counsel or such assistant as may be assigned by him to the health department. Attorney. § 1 193. The corporation counsel shall assign such assistant counsel as may be needful to the department of health, as pro- vided in chapter seven of this act. Salaries. § 1 194. The annual salaries to be paid to persons herein named, and appointed to the several specified positions, shall, from and after their entrance upon their duties, be as follows, and such salaries shall be in full for all services rendered by them to the city in any capacity whatever: To the commis- sioner of health, seven thousand five hundred dollars; to the sanitary superintendent, five thousand dollars; to the secre- tary, five thousand dollars; to the assistant sanitary super- intendents, each three thousand five hundred dollars; to the registrar of records, four thousand dollars; to the assistant registrars of records, each three thousand dollars; to the chief clerk of the department of health, three thousand dollars. Id.; and no fees. § 1 195. No salary or , compensation shall be paid to, or fees demanded by, or expenses ordered to be incurred by any -officer, department or agent, or in respect to any service, ex- penditure, or employment under the authority of any health law, ordinance, regulation, or appointment in said city, unless such salary, expenditure, employment, fees or expense shall be authorized by the department of health; and any ofificer or agent, employe or servant of the health department demand- ing or receiving compensation, fees or expenses in violation of this section shall be guilty of a misdemeanor, punishable by 510 LAWS OF NEW YORK. imprisonment for a term of not more than one year and by a fine of not more than five hundred dollars, and the forfeiture of his office or position. No municipal body, or other author- ity, shall create any office or employ any officer or agent, or incur any expense under any health laws or ordinances, or in respect of any matter concerning which said health department is by this chapter given control or jurisdiction. No personal liability. § 1 196. No member, officer, or agents of said department of health, and no person or persons other than the departmeni of health or the city itself shall be sued or held to liability, for any act done or omitted by either person aforesaid, in good faith, and with ordinary discretion, on behalf of or under said department, or pursuant to its regulations, ordinances, or health laws. And any person whose property may have been unjustly or illegally destroyed or injured, pursuant to any order, regulation, or ordinance, or action of said department of health or its officers, for which no personal liability may exist, as aforesaid, may maintain a proper action against the city for the recovery of the proper compensation or damage. Every such suit must be brought within six months after the cause of action arose, and the recovery shall be limited to the damages suffered. Orders of the board. § 1 197. The board of health. If It shall consider the public health or interests so to require, may execute orders through its own officers or agents, and means to be engaged by the board of health. Whatever expenses said board of health may lawfully and properly incur in the execution of any order, resolution or judgment aforesaid, or in executing, or in con- nection with its own orders, made in good faith, or in and about the discharge, in good faith, of its duties, or in satis- fying any liability or judgment it may have in good faith incurred or suffered by reason of its acts, done in good faith, as aforesaid, or in satisfying any claim against its officers or subordinates, arising from their acts in the discharge, in good faith, of their respective duties, shall, so far as established, be paid out of the fund or other moneys of the department of health. CHAKTER OF NEW YORK CITY. 511 Execution may be compelled. § 1 198. All orders duly made by any of the departments of health, or boards of health, or health and sanitary author- ities or officers, to which said department succeeded, and by their terms or necessary legal effect, to b'Q executed in The City of New York, may be executed, and the execution thereof compelled, and the execution of such of them as are partly executed may be compelled by the department of health; and the said orders may be severally rescinded or modified by said departm.ent, with like effect, as could have been done by the department, board of health, or sanitary authority existing at the time the said orders were severally made. The said department may discharge all liens upon real estate in The City of New York, created by any board of health or sanitary authorities above mentioned, or created in proceedings insti- tuted by the metropolitan board of health, or the department of health, which succeeded thereto, in the same manner and for the same causes that, by laws existing January first, eighteen hundred and seventy, they could be discharged by the metro- politan board of health. Right of inspection. § 1 199. It is hereby made the duty of all departments, offi- cers, and agents, having the control, charge or custody of any public structure, work, ground, or erection, or of any plan, description, outline, drawing or charts thereof, or relating thereto, made, kept, or controlled under any public authority, to permit and facihtate the examination and inspection, and the making of copies of the same by any officer or person, thereto, by said department of health authorized. Complaint book. § 1200. The board of health shall cause to be kept a general complaint book, or several such books, in Avhich shall be entered any complaint of a sanitary nature with the name and residence of the complainant, the names of the person or persons complained of, and the date of the entry of the com- plaint, and suggestions of any appropriate remedy and said books shall be open to all reasonable pubHc examination, regulated in all respects as said board may deem proper and for the public service, and the board of health shall cause the facts in regard to such complaints to be investigated, and the appropriate remedy to be apphed. 512 LAWS OF NEW YORK. Duties of owners, lessees and occupants. § 1 20 1. It is hereby declared to be the duty of every owner and part owner and person interested, and of every lessee, tenant, and occupant of, or in any place, water, ground, room, stall, apartment, building, erection, vessel, vehicle, matter, and thing in said city, and of every person conducting or inter- ested in business therein or thereat, and of every person who has undertaken to clean any place, ground or street therein, and of every person, public officer and department having charge of any ground, place, building or erection therein, to keep, place and preserve the same and every part, and the sewerage, drainage and ventilation thereof in such condition and to conduct the same in such manner that it shall not be a nuisance or be dangerous or prejudicial to life or health. Police department assistance. § 1202. It shall be the duty of the police department and of its officers and men, as said department shall direct, to promptly advise the department of health of all threatening dangers to human life or health, and of all matters thought to demand its attention, and to regularly report to said board of health all violations of its rules, and of sanitary ordinances, and of the health laws, and all useful sanitary information. And said last-named departments shall, as far as practicable and appropriate, co-operate for the promotion of the public health and the safety of human life in the city. And it shall be the duty of the police department and the police commissioner, by and through its proper officers, agents and men, to faithfully, and, at the proper time, enforce and exe- cute the sanitary rules and regulations and the orders of said board of health, made pursuant to the powers of said board of health, upon the same being received in writing and duly au- thenticated, as said board of health may direct. And said police commissioner is authorized to employ appro- priate persons and means, and to make the necessary and appropriate expenditures, for the execution and enforcement of said rules, orders and regulations; and such expenditures, so far as the same may not be refunded or compensated by the means herein elsewhere provided, shall be paid as the other expenses of said board of health are paid. And in and about the execution of any order of the board of health or of the police commissioner, made pursuant thereto, police officers and policemen shall have as ample power and authority as Avhen obeying any order of or law applicable to the police CnARTER OF NEW YORK CITY, 5.13 commissioner, but for their conduct shall be responsible to the police commissioner and not to the board of health. Sanitary company of police. ' § 1202a. The board of health shall make requisition upon the pohce commissioner for the detail of not more than fifty suitable officers and men of at least five years' service in the poHce force, who shall be selected for their pecuUar fitness, for the enforcement of the provisions of the sanitary code. These officers and men shall be detailed to such service by the police commissioner and the department of health shall pay to the police department monthly, the amount of the pay of the officers and men so detailed, who shall belong to the sanitary company of the police and shall report to the board of health. The board of health may re- port back to the police commissioner for punishment, any member of said company guilty oi any breach of orders or dis- cipline, or of neglecting his duty, and thereupon the police commissioner shall detail another officer or man in his place, and the discipline of the said members of the sanitary com- pany shall be in the jurisdiction of the police department; but at any time the board of health may object to the efficiency of any member of said sanitary company and thereupon an- other officer or man shall be detailed in his place. Coroners' returns. § 1203. The department of health may, from ti'me to time, fix and define the time of making, and the form of returns and reports to be made to said department by the coroners of The City of New York, in all cases of post-mortem inquests, or viewing of dead bodies held by them or any of them ; and the said coroners are hereby required to conform to the directions of said department in the premises, and it shall be the dut}^ of every coroner at once, and before holding any inquest, upon being called upon to hold an inquest as aforesaid, or notified thereof, to immediately transmit and cause to be delivered to the secretary of said department of health, written notice of the fact of such call, in which shall be stated every particular then known to said coroner as to said call, the body, the place where it is and the reported cause of de^th. If at any time said department, or the sanitary superintendent, shall deem the protection of the public health to demand, it may, so soon as the coroner's jury or physician may have viewed the dead body, and an autopsy thereof shall have been made, provided 514 LAWS OF NEW YORK. the coroner deems the same necessary, order the immediate burial of any dead body, or if he or it deems that the pubHc health demands an immediate removal of said body from the place of death to another place for inquest, may likewise, at any time, order said removal, and shall have power to cause said orders to be obeyed and executed. Removal of dead bodies. § 1204. It shall be the duty of the department of health to grant a permit for the removal of the body of any deceased person from the city, which has not been buried, upon receiv- ing a certificate of the death of said person, made in accord- ance with its rules. It may grant a permit for the removal of the remains of any person interred within the city to a place without the same, on the application of a relative or friend of such person, when there shall appear to be no just objection to the same. Removal of night soil and offal. § 1205. The board of health shall have full and exclusive power and authority over the removal of night soil, and in the removal of dead animals, offal, night soil, blood, bones, tainted or impure meats, and other refuse matter from said city. It is hereby charged with the duty of causing the re- moval of the same daily, from the thickly populated districts, or as often as may be necessary elsewhere, and of keeping the said city clean from all matter of nuisance of a similar kind. The department, bureau, or city oflficer of authority or authorities who shall from time to time have the management and control of the pubHc docks, piers, and slips in said city, may, with the consent of the commissioners of the sinking fund, designate and set apart for the use of the department of health of said city, suitable and sufHcient slips, docks, piers and berths in slips, located as the said de- partment of health may require, and such as should be con- venient and necessary for its use in executing the duty hereby imposed upon said department of health, excepting the sHps, docks and piers on the East river set apart for the use of canal boats. Id.; contracts for. § 1206. The board of health is authorized to malce con- tracts with any responsible person or persons for the re- moval of said offal, dead animals, night soil, and other refuse CHARTER OF NEW YORK CITY. matter from The City of New York, and to require and receive security in such form and amount as the said board may approve, for the faithful performance by the person or persons aforesaid, to whom such contracts may by the said board of heaUh, be in its discretion, awarded, of all and each of the provisions of such contracts on his or their part. The place or places of reception and deposit of, and to which such offal, dead animals, night soil and other refuse matter may be conveyed, may, from time to time, be designated, and may be ordered changed by the board of health. Putrid cargoes may be destroyed. § 12 lo. The board of health, when it shall judge it neces- sary, may cause any cargo, or part of cargo, or any matter, or any thing within the city that may be putrid or otherwise dangerous to the public health, to be destroyed or removed : such removal, when ordered, shall be to the place of deposit of offal, dead animals, and refuse matter, or such other place as the board of health shall direct ; such removal or destruc- tion shall be made at the expense of the owner or owners of the property so removed or destroyed, and the same may be recovered from such owner or owners, in an action at law, by said board of health. Paving and draining yards and cellars; filling sunken lots; drainage and maps. § 121 5. No order for the paving, filling, concreting, drain- ing or regulating of any yards or cellars within the city shall be made except upon reasonable notice to the owner or agent thereof. No order for the filling of any sunken lots within the city shall be made except upon fifteen days' no- tice to the owner or agent thereof. No order shall be made in any of the cases heretofore mentioned in this section until after a reasonable opportunity to be heard before the com- missioner of health has been given to the owner or his agent, and in every such case the board of health shall furnish promptly upon application by the ow^ner or occupant of any lot, building, house or other structure, the name of the sani- tary inspector making the complaint. Whenever in the opinion of the board of health the protection of the public health requires the drainage of any lands in the city, by means other than sewers, the said board may make an order describing the location of such lands, and directing the proper drainage thereof, and construction of drains therefor, 516 LAWS OF NEW YORK. by the president of the borough where such drain- age is so required. The board of health shall thereupon cause a map to be made, whereon shall be shown the location of such proposed drains, and the lands required for the con- struction thereof. Such order shall be entered at length in the records of such department of health, and such map shall be filed in said department; a copy thereof shall be filed in the office of the registrar or county clerk of the county in which the lands are situated. The board of health shall 'cause another copy of said map, together with a copy of such order, to be delivered to the president of the borough, where such drainage is required, who shall, by such order be required to construct such drains, and the said president, with whom a copy of the said map and order shall be so filed, shall immediately thereafter have the power, and is hereby directed to make and adopt proper and suitable plans for the con- struction of such drains. Acquisition of rights in lands. § I2i6. It shall be the duty of such borough president, upon the receipt of such map and order, and im- mediately after he has made and adopted suitable plans for such drains, through the corporation counsel of said city, to take immediate and proper proceedings for the acquirement of a right of way over, under, or through the lands shown upon said map to be necessary for such drains, and it shall be the duty of such corporation counsel imme- diately to take such proceedings and conduct them to a speedy determination. Id.; proceedings therein. § 12 1 7. The right of way over, under or through the lands so required for such drains shall be taken and acquired in the manner required by law for acquiring title to lands in said city to be used as public streets. Provided, however, that the time or times provided in such law for the giving or publica- tion of any notice shall for the purposes of this section, be reduced one-half, and the time for the sitting of the commis- sioners of estimate and assessment to hear objections to their report is, for the purposes of this section, hereby made two days in the place of ten days. Any maps, plans or surveys, that may be required for the use of the commissioners of esti- mate and assessment to be appointed in such proceeding, shall be furnished by the borough president charged with CHARTER OF NEW YORK CITY. 517 the construction of the drains and shall be prepared and made by surveyors in the regular and stated employment of such borough president; neither the expense of such surveys, nor any other expenses other than the fees of the commissioners of estimate and assessment, attending the proceeding, and their necessary disbursements for clerical services in carrying out the provisions of this sec- tion, which clerical expenses shall not exceed the sum of two hundred and fifty dollars, and also for advertising, printing or posting any notices required by law, and for any other necessary incidental expense a sum, not exceeding one hundred dollars, shall be included in the assessment that may be made by such commissioners of estimate and assessment. The corporation counsel shall not be entitled to any compensation for services to be rendered by him in such proceeding other than his stated salary. The commissioners shall each be enti- tled to receive the following rates as compensation for their services in full : Where the drain to be constructed is five hun- dred feet or under in length, the sum of twenty-five dollars; where the drain exceeds five hundred feet in length, twenty- five dollars, and in addition thereto five cents per foot for each running foot of drain in excess of five hundred feet, but the compensation of each commissioner shall in no case exceed two hundred and fifty dollars. Id.; confirmation of report of commissioners, construction and taxation. § 12 18. Upon the confirmation of the report of the commis- sioners of estimate and assessment by the court, the president of the borough within which such lands are located shall have the power, and he is hereby directed to immediately make and construct said drains. The necessary cost of such drains, together with necessary expenses of levying the assessment therefor, shall be levied, assessed and collected, as provided by section one hundred and seventy-nine of this act. Measures to prevent the spread of disease. § 1219. It shall be the duty of the board of health: • I. To cause any avenue, street, alley or other passage what- ever t® be fenced up or otherwise inclosed, if it shall deem the public safety requires it, and to adopt suitable measures for preventing all persons from going to any part of the city so inclosed. 518 LAWS OF NEW YORK. 2. To forbid all communication with the house or family infected with any contagious, infectious or pestilential disease except by 'means of physicians, nurses or messengers to carry the necessary advice, medicines and provisions to the afflicted. 3. To adopt such means for preventing all communication between any part of the city infected with a disease of a pesti- lential, infectious or contagious character and all other parts of the city, as shall be prompt and effectual. Id.; proclamation. § 1220. The board of health may issue a proclamation de- claring any place where there shall be reason to believe a pesti- lential, contagious or infectious disease actually exists, to be an infected piace within the meaning of the health laws of this state. Such proclamation shall fix the period when it shall cease to have effect; but such period, if the said board shall judge the public health to require it, may, from time to time, be extended by the board of health, and notice of such exten- sion shall be published in one or more of the newspapers of this city. The board of health may in its discretion prohibit or regulate the internal intercourse by land or water between The City of New York and such infected place; and may direct that all persons who shall come into the city contrary to its prohibition or regulations, shall be apprehended and conveyed to the vessel or place whence they last came; or, if sick, that they be conveyed to such place as the said board shall direct. After such proclamation shall have been issued, all vessels arriving in the port of New York from such infected place shall be subject to a quarantine of at least thirty days or until the period when such proclamation shall cease to have effect as provided by the last preceding section, and shall, together with their officers, crews, passengers, and cargoes, be subject to all the provisions, regulations and penalties in relation to vessels subject to quarantine. Vessels removed. % 1221. The board of health shall also possess and may exer- cise the following powers : I. By order to direct any vessellying at a place within three hundred yards of any wharf, landing place or shore of said city, and from which said board shall deem it probable that any infectious or contagious disease may be brought into said city, or communicated to the inhabitants thereof, to be removed to the distance of at least three hundred yards from any wharf, CHARTER OF NEW YORK CITY. 519 landing place or shore of said city, within six hours after a copy of such order, certified by the secretary of said depart- ment, shall be delivered to the person or persons having com- mand 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 order shall be delivered shall forthwith comply with the same. 2. By order to direct to be removed to a place to be desig- nated by the board of health, all things within the city, which, in its opinion, shall be infected in any manner likely to com- municate disease to the inhabitants. Violation of orders, punishment for. § 1222. Every person who shall violate, or neglect, or refuse to comply with any provision contained in any of the last three sections, or in the orders made by the board of health, in pursuance thereof, shall be deemed guilty of a mis- demeanor, and on conviction thereof, shall be punished by a fine not exceeding two hundred and fifty dollars, or imprison- ment not exceeding six months, or both; and all such fines when collected shall be paid to the comptroller. Any violation of the sanitary code shall be treated and punished as a misde- meanor, and the offender shall also be liable to pay a penalty of fifty dollars, to be recovered in a civil action in the name of the department of health of The City of New York. Service of orders. § 1224. Service of any order of said board of health shall be deemed sufficient, if made upon a principal person interested in or upon a principal officer charged with a duty in respect of the business, property, matter, or thing, or the nuisance or abuse to which said order relates ; or upon a person, ofiicer, or department, or one of the department, who may be most interested in or affected by its execution. If said order relate to any building or the drainage, sewerage, cleaning, purifica- tion, or ventilation thereof, or of any lot or ground on or in which such building stands, used for, or intended to be rented as the residence or lodging place of several persons, or as a tenement-house or lodging-house, service of such order on the agent of any person or persons for the renting of such build- ing, lot, or ground, or for the collecting of the rent thereof, or of the parts thereof to which said order may relate, shall be of the same effect and validity as due service made upon 520 LAWS OF NEW YORK. the principal of such agent, and upon the owners, lessees, tenants, occupants of such buildings, or parts thereof, or of the subject-matter to which such order relates. Vaccination. § 1225. For the purpose of more effectually preventing the spread of smallpox by the thorough and systematic vaccina- tion of all unvaccinated persons, and for the relief of persons suffering with diphtheria and other infectious diseases resid- ing in said city, the board of health is hereby empowered to continue or organize a corps of vaccinators and of physicians, within and subject to the control of the bureau of sanitary inspection, to appoint the necessary officers, keep suitable records, collect and preserve pure vaccine lymph or virus, and produce diphtheria antitoxine and other antitoxines, and add to the sanitary code such additional provisions as will most effectually secure the end in view. Said board of health may take measures, and supply agents and offer inducements and facilities for general and gratuitous vaccination, disinfection, and for the use of diphtheria antitoxine, and other antitoxines, and may afford relief to and among the poor of said city as in its opinion the protection of the public health may require. Sale of lymph and antitoxine. § 1226. Whenever the amount of vaccine lymph, or virus collected by the said corps, or of diphtheria antitoxine, and other antitoxines produced, shall exceed the amount required in the proper performance of its duties, the said board of health may authorize the sale of such surplus lymph or virus, and diphtheria antitoxine, and other antitoxines at reasonable rates, to be fixed by the board of health. The avails of such lymph or virus, and diphtheria antitoxine, and other antitox- ines, shall be accounted for and paid to the chamberlain, and shall be set apart and constitute distinct funds, to be known respectively as " the fund for gratuitous vaccination," and " the antitoxine fund," and they shall be subject to the requi- sition of the board of health for the purposes named in the preceding section. Extension of proclamation period. § 1228. Whenever it shall appear to the board of health that any of the provisions of this title, limited in their opera- tions to a certain period of the year, or designated periods of time, ought to be extended, the said board of health shall issue CHARTER OF NEW YORK CITY. 521 its proclamation extending such provisions to such a time as shall be determined on, and such provisions shall thereupon be extended accordingly and with the like effect as if the periods mentioned in such proclamation, had been originally herein enacted. If it shall appear to the board of health while such proclamation is still in force, that the necessity of ex- tending the period therein named has ceased, the board of health, by a new proclamation declaring that fact, may revoke the proclamation issued pursuant to this section, which shall then cease to have effect. Definitions. § 1229. The word nuisance, as used m this act, shall be held to embrace public nuisance, as known at common law, or in equity jurisprudence; and it is further enacted that whatever is dangerous to human life or detrimental to health ; whatever building or erection, or part or cellar thereof, is overcrowded with occupants, or is hot provided with adequate ingress and egress to and from the same, or the apartments thereof, or is not sufficiently supported, ventilated, sewered, drained, cleaned or lighted, in reference to their or its intended or actual use; and whatever renders the air, or human food or drink, un- wholesome, are also, severally in contemplation of this act, nuisances; and all such nuisances are hereby declared illegal; and each and all persons and corporations who created or con- tributed thereto, or who may support, continue or maintain or retain them, or any of them, shall be jointly and severally liable for, or toward, the expense of the abatement and reme- dying of the same: but as between themselves, any such per- sons and corporations, may enforce contribution or collect expenses, according to anv legal or equitable relations existing between them ; but nothing herein contained shall annul or defeat any common law liability or responsibility in respect of nuisances. Whenever the words " place, matter, or thing," or either two of said words, are used in this act, or in titles one, four and five of this chapter, they shall, unless the sense plainly requires a different construction, be construed to in- clude whatever is embraced in the enumeration with which they are connected. 522 LAWS OF NEW YORK. TITLE 2. Marriages, Births and Deaths, Persons solemnizing marriages to Iceep a registry. § 1236. It shall be the duty of the clergymen, magistrates and other persons who perform the marriage ceremony in The City of New York to keep a registry of the marriages cele- brated by them, which shall contain, as near as the same can be ascertained, the name and surname of the parties married ; the residence, age and condition of each; whether single or widowed. Births to be reported. § 1237. It shall be the duty of the parents of any child born in said city (and if there be no parent alive that has made such report, then of the next of kin of such child born), and of every person present at such birth, within ten days after such birth, to report to the department of health, in writing, so far as known, the date, borough and street num- ber of said birth, and the sex and color of such child born, and the names of the parents. It shall also be the duty of physicians and professional midwives to keep a registry of the several births in which they have assisted professionally, which shall contain, as near as the same can be ascertained, the time of such birth, name, sex and color of the child, the names and residence of the parents, and to report the same within ten days to the department of health. Deaths to be reported. § 1238. It shall be the duty of the next of kin of any person deceased, and of each person being with such deceased per- son at his or her death, to report, in writing, to the department of health, within five days after such death, the age, color, nativity, last occupation and cause of death of such deceased person, and the borough and street, the place of such person's death and last residence. Physicians who have attended deceased per- sons in their last illness shall, in the certificate of the decease of such persons, specify, as near as the same can be ascer- tained, the name and surname, age, occupation, term of resi- dence in said city, place of nativity, condition of life ; whether single, married, widow or widower; color, last place of resi- dence and direct and indirect cause of death of such deceased CHARTER OF NEW YORK CITY. 523 persons, and the coroners of the city, in such cases as an in- quest may have been held, shall, in their certificates, con- form to the requirements of this section. Penalty for failure to report marriages and births to the department of health. § 1239. For every omission of any person to make and keep the registry of marriages and births required by the preceding sections, and for every omission to report a writ- ten copy of the same to said department of health, within ten days after any birth or marriage provided to be regis- tered, and for every omission to make the report of any death, birth or marriage, the person guilty of such omission shall be guilty of a misdemeanor ; and, in addition thereto, the ofifender shall also be liable to pay a fine of one hundred dollars, to be recovered in the name of the department of health of The City of New York, before any justice or tri- bunal in said city having jurisdiction of civil actions. But no person shall be liable for such fine, or subject to arrest and imprisonment for not making the report herein required, if such report has been made by any other person, or if an ex- cuse is presented to the commissioner of health for such omission which the said commissioner shall decide to be suffi- cient, in which event the said commissioner of health is hereby empowered to excuse the said omission. Record of births, marriages and deaths. § 1240. The department of health shall keep a record of the births, marriages and deaths reported to it; the births shall be numbered and recorded in the order in which they are received by it; and the record of births shall state, in sep- arate columns, the place and date of birth, the name, sex and color of the child, the names and residence of the par- ents, as fully as they have been received, and the time when the record was made. The marriages shall be numbered and recorded in the order in which they are received by the department; and the record thereof shall state, in separate columns, the date of marriage, name, residence, and official station, if any, of the persons, by whom married, the names and surnames of the parties, age, the color and condition of each; whether single or widowed, and the time when the record was made. The deaths shall be likewise numbered and recorded; and the record thereof shall state, in separate columns, as far as the same is reported, the date of decease, 524 LAWS OF ]S^EW YOKK. name and surname, condition, whether single, married or widowed, age, place of birth, place of death, occupation, names of the parents when an infant without name; disease, direct or indirect cause of death, color, and last place of resi- dence of such deceased person, and the time when the record was made. Said department shall perform all the duties of this section imposed, as a part of its regular duties, and no fees shall be demanded or received by reason thereof. Registration of births not previously recorded. § 1 241. The births of the children of actual residents of The City of New York, which may have occurred during the temporary absence of the parents of such children from The City of New York, and the births of children which failed to be recorded through the neglect of the physician or other medical attendant present at such birth, may be recorded in the bureau of records of the health department of said city, in a special book, to be kept for such purpose, upon the ap- plication in such behalf by the parents or guardians of such children. Such application shall be made to the com- missioner of health, and shall be accompanied by a cer- tificate of the physician or midwife attending professionally at such birth, and personally cognizant thereof, together with the affidavit of at least two citizens, certifying to their knowl- edge of the facts, and that the physician or midwife making such certificate of birth is a reputable person in good stand- ing in the community in which he or she may reside. No change or alteration shall, at any time, be made in any of the records of the said bureau of records in said city, without proof satisfactory to and upon the approval of the said commissioner of health. Transcripts of any record in sa^'d bureau of records may be given, in the discretion of the department of health, to a parent or the next of kin of any person authorized to apply for the same, but no transcripts of false or fraudulent returns made to the said bureau, nor of the entries thereof, shall be given; and they shall be can- celed upon due proof of the facts to the department of health. Transcripts of these records when required shall be on such forms as the commissioner of health may prescribe, and for them the usual fees for copies of records may be re- ceived. CHAKTER OF NEW YORK CITY. 625 TITLE 3. Duties of Physicians and Others. Report of pestilential, infectious and contagious diseases; deaths. § 1247. It shall be the duty of each and every practicing physician in The City of New York: 1. Whenever required by the department of health to report to said department, at such times, in such forms and in refer- ence to such diseases as said department may prescribe, the number of persons attacked with any pestilential, contagious or infectious disease attended by such physician for the twenty- four hours next preceding, stating the name of such patient, and the name and place where he shall then be ; and the number of persons attended by such physician, who shall have died in said city, during the twenty-four hours next preceding such report, of any such pestilential, contagious or infectious dis- ease. 2. To report, in writing, to the said department every patient he shall have laboring under any such pestilential, con- tagious, or infectious disease, and within twenty-four hours after he shall ascertain or suspect the nature of the disease. 3. To report to the said department when required by it, the death of any of his patients who shall have died of disease within twenty-four hours thereafter, and to state in such report the specific name and type of such disease. Affidavit may be required. § 1248. The department of health may require of any physi- cian not less than three hours after service of a demand thereof upon him, an affidavit, stating therein whether he has or has not any patient, who, in his opinion, shall then be sick of such a pestilential, contagious or infectious 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. Penalty for failing to report. § 1249. Every practicing physician who shall refuse or neglect to- perform the duties enjoined on him by the fore- going section shall be considered guilty of a misdemeanor, and shall also forfeit for each offense the sum of two hundred and fifty dollars, to be sued for and recovered by the department of health. 526 LAWS OF NEW YORK. Boarding and lodging house keepers may be required to report. § 1250. Every person keeping a boarding or lodging house in the city, shall, whenever required by the department of health, report, in writing, to the department the name of every person who shall be sick in his house within twelve hours after each case of sickness shall have occurred. Masters, etc., of vessels to report. § 125 1. Every master, owner or consignee of a vessel lying at a wharf, or in the harbor of The City of New York, shall make a like report, and within the same period, of the name of every sick person on board of such vessel; and no person shall be removed therefrom without a written permit for that purpose from the department of health. TITLE 4. Legal Proceedings and Punishment for Disobedience of Or- ders and Ordinances. Order for examination before justice of supreme court. § 1257. Any justice of the supreme court of the first or second department, or who is holding court or chambers therein, upon the written application of the commis- sioner of health, may issue his order by him subscribed, for the examination without unreasonable delay by or before such justice of any person or persons, and the production of books or papers, or the inspection and taking of copies of the whole or parts thereof, at a time and place within said city, and in said order to be named, provided it shall appear to the satis- faction of said justice or court that any matter or point affect- ing life or health is involved; and it shall be the duty of such justice to take or superintend such examination, which shall be under oath, and shall be signed by the party or parties exam- ined, and be certified by said justice, and with any copies of books or pape;rs, to be delivered to said health department for the use of said department. And such examination, and any proceeding connected therewith, or under said order, may wholly or in part be had, conducted or continued by or before any other of said justices, as well as that one who made said order; and in and about the same, every such justice shall have as full power and authority to punish for contempt, and enforce obedience to his said or other order or directions respecting the matter aforesaid (or that of any other judge) as any such CHARTER OF NEW YORK CITY. 527 justice of the supreme court may now have, or shall possess, to enforce obedience or punish contempt in any case or matter whatever. Such appHcation shall name or describe the person or persons whose examination is sought, and so far as possible the books or papers desired to be inspected, and the matters or points affecting life or health as to which the com- missioner of health requests the examination to take place, and the justice shall, on the proceedings, decide what questions are pertinent and allowable in respect thereto, and shall require the same to be properly answered; but no answer of any person so examined shall be used in any criminal proceeding. Service of any order of any such justice may be made, and the same proved in the same manner as the service of either an injunc- tion or of a subpoena. And it shall be the duty of said justice to facilitate the early determination of the aforesaid proceed- . ings. Appearance and examination of witnesses. § 1258. Upon the application of any party in interest in any matter pending examination before said department of health, by affidavit, stating the grounds of such application, to any judge of a court of record, and asking that any person or per- sons therein named shall appear before said department of health, or any person taking or about to take such examina- tion, at some time or times and place to be stated in the said affidavit, it shall be the duty of such judge, if he shall discover reasonable cause so to -do, to issue his order requiring such person or persons named to appear and submit to such exam- ination as, and to the extent, such order may state, at the time and place to be in said order named : and such order, signed by such judge, may be served, and shall in all respects be obeyed as a subpoena duly issued : and a refusal to submit to the proper examination may be punished by such judge or by any judi^^e of such court as a contempt of court, upon the facts as to such refusal being brought before any such judge by affidavit. The health department as party plaintiff and defendant. § 1259. In all actions and proceedings heretofore com- menced and now pending, against either of the cities of New York. Brooklyn or Long Island City or the town authorities and public officers in Kings, Richmond counties and the part of Queens county, now to form a part of The City of New York, or acrainst the department of health, board of health or sanitary officers in any part of said territory, in which any 528 LAWS OF NEW YORK. action, order, regulation, ordinance or proceeding of any oi the health departments, boards of health or sanitary officers thereof, is called in question or made the subject of the action or proceeding, the department of health of The City of New York shall have the right to appear, answer and take part; and in all such actions and proceedings hereafter commenced the said health department shall be a necessary party, and have the right to appear and to take part therein. The said depart- ment may institute and maintain all suits and proceedings which are reasonable, necessary and proper, to carry out the provisions of the laws under which the said department acts, and may sue and be sued by the proper name of the depart- ment of health of The City of New York. Injunctions when not to be granted against department. § 1260. No preliminary injunction shall be granted against the department of health, or its officers, except by the supreme court, at a special term thereof after service of at least five days' notice of a motion for such injunc- tion, together with copies of the papers on which the motion for such injunction, is to be made. Whenever said depart- ment shall seek any provisional remedy, or shall prosecute any appeal, it shall not be necessary before obtaining or prosecut- ing the same to give any undertaking. Proceedings presumed legal. § 1 26 1. In all judicial proceedings the actions, proceedings, authority, and orders of said department shall at all times be regarded as in their nature judicial, and be treated as prima facie just and legal. In any suit, the right of said department or the police department to make any order, or cause the exe- cution thereof, shall be presumed. Violation of department orders, actions for, § 1262. Whoever shall violate any provisions of this chap- ter, or any order of said department made under the authority of the same, or by any law or ordinance therein referred to, or shall obstruct or interfere with any person in the execution of any order of said department, or any order of the police department in pursuance or execution of the orders of the department of health, or wilfully omit to obey any such order, shall be guilty of a misdemeanor, and be liable to be indicted and punished for such offense ; and in cases where it was made a misdemeanor to do or omit any act or thing, when any CHARTER OF NEW YORK CITY. 529 power or authority hereby conferred upon the board of health or department of health, was exercised by any other board of health, or officers, the omission or doing of such, or a corre- sponding act or thing, which this chapter requires, or contem- plates to be done or forbids, shall in like manner be a misdemeanor, and the offender shall be liable to indictment and punishment for the same. A wilful omission or refusal of any individual, corporation, or body to conform to any regulation of said department duly made for the protection of life or the care, promotion, or preservation of health, or the carrying out of the purposes of this chapter, pursuant to its power or authority, shall be a misdemeanor, and the person or officers guilty thereof shall be liable to indictment and punish- ment as for a misdemeanor. All prosecutions and proceedings against any person for misdemeanor under this chapter may he had or tried before any judge or tribunal having jurisdic- tion of any misdemeanor within said city. Any person, corporation, or body which may have wilfully done or omitted any act or thing which is, in this chapter, or by any law or •ordinance, or the sanitary code referred to, declared to be, or to subject the party guilty thereof to punishment for a mis- demeanor, shall in addition thereto, be subject to a penalty of two hundred and fifty dollars, to be sued for and recovered by said department in any civil tribunal in said city. Where in any case the minimum penalty for a refusal to obey, or for a violation of any order, regulation, or ordinance of said department of health, or any law, is not fixed, the amount recovered in such case shall not be less than twenty dollars, and the judge or justice who presided at a trial where such penalty is claimed shall, on said trial, in writing, fix the amount, not contrary to said provisions, of said penalty to be recovered, and shall direct such amount so fixed to be, and it shall be included in the judgment. Any such suits may be against one or more, or all of those who participate in the act, refusals, or omissions complained of, and the recovery may be against one or more of those joined in the action as the justice of the court shall direct. The provisions of this sec- tion as to the jurisdiction of tribunals, parties, and costs shall apply to all suits by said department or by the police department under this chapter. All processes and papers usual or necessary in the commencement and prosecution of actions, or for the collection of money in suits or proceedings under this chapter, on execution, may be served by any policeman, and in and about such matters the 530 LAWS OF NEW YOKK. policeman so engaged shall have all the powers of marshals, and no fees shall be charged by any court, magistrate, or clerk for the issue of any paper or process, or the performance of any duty in suits under this chapter. Any civil action brought under or by authority of this chapter may be brought in any court in said city, having jurisdiction in any civil action to an amount as large as is demanded in such action; and if judgment be rendered for the plaintiff in any amount, costs of the court in which action is brought shall also be recovered, without reference to the amount of the recovery, provided payment was demanded before suit brought, and the defendant or defendants in the action against whom the recovery is had, did not, as the code of civil procedure authorizes, offer to pay an amount equal to the recovery against him or them, except that in cases where the recovery shall be less than fifty dollars, the amount of costs shall be ten dollars ; and in case no recov- ery is had, the plaintiffs shall not pay costs unless the judge or justice, at the conclusion of the trial, shall certify in writing that there was not reasonable cause for bringing the action, and in such case the costs shall not exceed ten dollars, unless the amount claimed exceeded fifty dollars. No action shall abate, or right of action already accrued be abolished, by reason of the expiration, repeal or amendment of an ordinance, code or sanitary ordinances, or regulation of said department; nor shall any court lose jurisdiction of any action by reason of a plea that title to real estate is involved, provided the de- fendant is sought by the pleadings to be charged in said action on any of the grounds mentioned in this chapter, other than by virtue of ownership of such real estate. In respect to all proofs and proceedings by said department, or its agents or officers, under this chapter, papers filed shall be deemed entered upon or in the minutes of the department. Arrests for violation of rules. § 1263. The board of health having first entered on the minutes of department of health, or filed in its records, what it may regard as adequate proof of a violation or resistance by any persons in said city, of any law, or ordinance, the authority relating to which is given to said department, or of any order made by said board or said department, may order, by warrant, under its seal and attested by the signature of its secretary, and indicating, as far as conveniently prac- ticable, the time, place and nature of the offense committed, the arrest of any such person, and such order of arrest shall CHARTER OF NEW YORK CITY. 581 be of the same effect and shall be executed as a warrant from a justice or judge, duly issued; and the party arrested shall be taken before a magistrate, and thereupon and thereafter shall, by all officers, be treated as being, and have the rights and liability of a party under arrest by order of the proper officer or tribunal, for a misdemeanor, of the nature indicated in said order of arrest. Id.; by member of police force or officer of department of health. § 1264. Any member of the police force, and every in- spector or officer of said department of health, as the regula- tions of either of said departments may respectively provide relative to its own subordinates, may arrest any person who shall, in view of such member or officer, violate, or do, or be engaged in doing or committing in said city, any act or thing forbidden by this chapter, or by any law or ordinance, the authority conferred by which is given to said department of health, or who shall, in such presence, resist or be engaged in resisting the enforcement of any of the orders of said de- partment or of the police department pursuant thereto. And any person so arrested shall be thereafter treated and dis- posed of as any other person duly arrested for a misde- meanor. Id.; upon complaint of magistrate, trials, fines, etc. § 1265. Upon the complaint of any citizen of the city, against any person for violation of any rule, sanitary regula- tion, ordinance, or order, made to any magistrate having jurisdiction in criminal cases, such magistrate shall order the arrest of any person against whom such complaint is made, as in any other case of a criminal offense and by his warrant may require any poHceman or constable to make such arrest, and may, after such arrest, proceed summarily to try such person for such alleged offense ; but no such trial shall be had on any arrest made in the city without sufficient notice thereof being first given to the department of health. And upon an application in behalf of said department made before the trial is commenced, the trial of such person, together with the papers, shall be remitted to the court of special sessions, upon which court jurisdiction to try such persons is hereby conferred; but the right of any person to elect to be tried before a jury, as it may now exist, is not affected by anything herein contained. If such person shall, upon such trial, be found guilty, he or she may be punished in the same manner 532 LAWS OF NEW YORK. as is provided for the punishment of persons found guilty of a misdemeanor. Reports of all such trials, and of fines im- posed for violations of this chapter, or the sanitary code, shall be made monthly to said department, by the justices before whom trials are had. But nothing in this section con- tained shall be construed as in any manner limiting any powers, penalty and punishment in this chapter elsewhere conferred. False returns and deceptive reports, how punished. § 1266. If any person shall knowingly make to said depart- ment of health, or any officer thereof, any false return, state- ment or report relative to any birth, death or marriage, or other matter concerning which a report or return may be legally required of, or should be made by, such person ; or if any member, inspector or officer, or any agent of said de- partment of health shall knowingly make to said department of health any false or deceptive report or statement in con- nection with his duties, or shall accept or receive, or author- ize or encourage, or knowingly allow any other person to accept or receive any bribe or other compensation as a con- dition of or an inducement for not faithfully discovering and fully reporting, or otherwise acting, according to his duty in any respect, then any and every such person shall be deemed guilty of a misdemeanor, punishable by imprison- ment of not more than one year or by a fine of not more than five hundred dollars and, if an officer or employe of the de- partment, by the forfeiture of his office, rank or position, and shall be liable to be for such crime indicted, tried and punished according to law, and shall, in addition, forfeit all compensation due or to grow due from said department. False personation as an officer of department, penalty. § 1267. It shall be a misdemeanor, punishable by impris- onment in the penitentiary, for not less than one year nor exceeding two years, or by a fine of not less than two hun- dred and fifty dollars, for any person, not an officer of or under the authority of the department of healtli, to falsely represent himself as such, with a fraudulent design upon per- sons or property, or to have, use, wear, or display, without authority, any shield, or other insignia or emblem such as is worn by such officer. CHAKTER OF NEW YORK CITY. 533 Boarding and Iodging=house keepers and masters of vessels. § 1268. Every keeper of a boarding or lodging-house, and every master, owner, or consignee of a vessel v^ho shall re- fuse or neglect to obey the orders and directions of the de- partment of health, as provided by this act, shall be consid- ered guilty of a misdemeanor, and on conviction shall be fined for each offense in a sum not exceeding two hundred and fifty dollars, or be imprisoned for a term not exceeding six months. Officers and magistrates to act promptly. § 1269. It shall be the duty of all prosecuting officers of criminal courts, and city magistrates to act promptly upon all complaints, and in all suits or proceedings for any viola- tion of this chapter, and in all proceedings approved or pro- moted by said department, and to bring the same to a speedy hearing or termination and to render judgment and direct execution therein without delay. TITLE 5. Reimbursement for Expenses. Joint and several liability of owners, lessees and occupants of prop- erty and assignment of claims for expenses of execution of orders thereon. § 1275. It is hereby declared to be the duty, of which there shall be a joint and several liability of every owner and part owner and person interested, and of every lessee, tenant, and occupant of, or in, any place, water, ground, room, stall, apartment, building, erection, vessel, vehicle, matter and thing in said city, and of every person conducting or inter- ested in business therein or thereat, and of every person who has undertaken to clean any place, ground or street therein, and of every person, public officer, and board having charge of any ground, place, building or erection therein, to keep, place, and preserve the same and every part, and the sewer- age, drainage, and ventilation thereof in such condition, and to conduct the same in such manner that it shall not be dangerous or prejudicial to life or health, subject to the ordi- nances of the sanitary code and the orders of the department of health. 584 LAWS OF NEW YORK. On what expenses to be a lien. § 1276. The expenses attending the execution of any and all orders duly made by the department of health shall respectively be a several and joint personal charge against each of the owners or part owners and each of the lessees and occupants of the building, business, place, property, matter or thing to which said order relates, and in respect of which said expenses were incurred ; and also against every person or body who was by law or contract bound to do that in regard to such business, place, street, property, matter, or thing which said order requires, and said expenses shall also be a lien on all rent and compensation due, or to grow due, for the use of any place, room, building, premises, matter, or thing to which said order relates, and in respect of which said expenses were incurred, and also a lien on all compensation due, or to grow due, for the cleaning of any street, place, ground, or thing, or for the cleaning, or removal, of any matter, thing, or place, the failure to do which by the party bound so to do, or doing of the same in whole or in part by order of said department, was the cause or occasion of any such order or expense. Suit for expenses. § 1277. Said department of health, m case It has incurred any expense, or has rendered service for which payment is due, and as the rules of said department of health may pro- vide, may institute and maintain a suit against any one in this chapter declared Kable for expenses, or against any person, firm, or corporation, owing or who may owe such rent or compensation, and may recover the expenses so incurred un- der any order aforesaid. And only one or more of such parties liable or interested may be made parties to such action as the department may elect; but the parties made responsi- ble as aforesaid for such expenses shall be liable to contribute or to make payment as between themselves, in respect of such expenses, and of any sum recovered for such expenses or compensation, or by any party paid on account thereof, according to the legal or equitable obligation existing be- tween them. Expense of executing orders to be a lien. § 1278. The said department shall liave a Hen for the expenses necessarily incurred in the execution of said order, and said expenses shall be a lien upon CHAETER OF NEW YORK CITY. 535 the land and buildings upon or in respect of which, or either of which^ the work required by said order has been done, or expenses incurred, which hen shaU have priority over aU other hens and incumbrances, except taxes and assessments. But no such hen shaU be vahd for any purpose tiU the said department shaU have caused to be filed in the office, or with the officer where notices of mechanics' liens are now or may be hereafter required to be filed, a notice containing the same particulars as required to be stated with reference to mechanics' liens, with the further statement that the expense has been incurred in pursuance of an order of said department, and giving its date. Upon such filing the said officer shall make the same entry on the book or index in which mechanics' liens are entered as he is required to enter in cases of mechanics' liens, together with a reference to said order by date ; and thereafter the same shall, except as herein elsewhere provided, have the same effect in all respects as a mechanics' lien; and all proceedings with reference to said lien, its enforcements and discharge, shall be had and carried on in the same manner as similar proceedings with reference to mechanics' liens are now, or may be hereafter by law had or carried on. The filing of such statement shall as to all persons have the same effect as filing of notice of mechanics' hens; and unless within six months after actual notice of such filing, proceedings are taken by the party against whom or whose said property a lien is claimed, to discharge such lien, the filing shall, as to all persons having such actual notice, become conclusive evidence that the amount claimed in such statement, with interest, is due, and is a just lien upon said land and building. Such lien shall continue to be a lien for the space of four years from the time of filing such statement, unless proceedings are in the meantime taken to enforce or discharge the .same, which may be done at any time during its continuance. In case proceedings are so taken, it shall remain a lien until the final termination of such proceedings; and if such proceeding shall result in a judgment for the amount claimed in such statement, or any portion thereof, such judg- ment shall, to such extent, be a lien in the same manner, and from the same time as said statement. Statement of expense of executing orders. § 1279. When the department of health shall, througH its own officers, and men and means- have executed, or so far executed as said department may require, any order, 536 LAWS OF NEW YORK, the expenses of such execution, giving in general terms the items of such expense and the date of execution, shall be stated in an affidavit, and the same shall be filed among the records of said department with the order so executed; and said department shall take care by, or through some proper officer, or otherwise, that the expenses of such execution be so stated with fairness and accuracy ; and when it shall appear that such execution, or the expenses thereof, related to several lots or buildings belonging to different persons, said affidavit shall state what belongs to, or arose in respect to each lot of said several lots or buildings, as said department of health or its authorized officer may direct; and said department may revise the correctness of such apportionment of expenses as truth and justice may require. Whenever the expenses at- tending the execution of any order of said department of health may be made the subject of a suit by said depart- ment, there may be joined in the same suit a claim or claims for any penalty or penalties for vio- lation of any provisions of this chapter, or for the violation or omission to perform or obey said order, or any prior order of said department, or for the not doing of that, or any portion of that, for the doing of which, said expenses arose or were incurred; and the proper joint or several judgment may be had against one or more of the defendants in the suit, as they or either of them may be liable in respect of both said claims, or either or any of them. And said ex- penses of executing said order, and the expenses of executing any judgment in any abatement suit in this chapter provided for, and the several judgments that may be recovered here- under, or otherwise, for any such penalty or expenses, or for both such penalty or expenses together, until the same are paid or discharged, shall be a lien as other judgments, and also a lien and charge upon rent and compensation due or then maturing from any tenant or occupant of the building, lots, and premises, or the parts thereof to which any such order or judgment relates, or in respect of which any such expenses were incurred. And such expenses and judgments shall respectively be a lien on all compensation due or to grow due from the cleaning of any street, place, ground, or thing, or for the cleaning or removal of any matter, thing, or place, the failure to do which by the party bound so to do, or the doing of the same iri whole or in part by order of said department, was the cause or occasion of any such charge or expense. For the purpose of rendering such lien and charge more effectual CHAKTEB OF NEW YORK CITY. 537 to secure payment of any such expenses or judgment, from any rent or compensation aforesaid, proceedings may be taken as follows: 1. The department of health may serve a copy of the order under or by reason of which such expenses were authorized or incurred with a copy of any affidavit stating the expenses of the execution of such order, or if the claim be a judgment, may serve a transcript of such judgment and any affidavit showing the expense of its execution if there be any, upon any person or corporation owing, or who is about to owe any such compensation, or owing or about to owe any rent or compensation for the use or occupation of any grounds, premises or building, or any part thereof, to which said order or judgment relates, and in respect of which such expenses embraced in said judgment related or were incurred, and may, at any time of such service, demand in writing that such rent, or any such compensation to the extent of said claims for said expenses, or for any such judgment or expense in executing the same shall, when such rent or compensation becomes due and payable, be paid to the department of health. 2. After the service of the papers aforesaid and such demand, any tenant, lessee, occupant, or other person owing, or about to owe, any such rent or any such compensation shall, when such rent or any such compensation shall mature, or become payable, pay the same, and from time to time pay any other amount thereof, as the same may become due and payable, or so much thereof as is sufficient to satisfy any such judgment or claim for expenses, or both, so served, to said department of health, and a receipt shall be given therefor, stating on account of what order or judgment and expenses the same has been paid and received; and the amount so received shall be deposited where other funds of said depart- ment are kept, to the special account of such department. 3. Any person or corporation refusing or omitting, as herein directed, to make such payment to the department of health, after service of the paper and demand aforesaid, as herein required, shall be personally liable to said department of health for the amount that should have been paid to said department according to the provisions hereof, and may by such health department be sued therefor; and such persons shall not in such suit, dispute or call in question the authority of said department of health to incur, or order such expense, or the validity or correctness of such expenses or judgment in any particular, or the right of the said department 538 LAWS OF NEW YORK. to have the same paid from such rent or compensation. But the receipt of such department for any sum paid as aforesaid shall, in all suits and proceedings, and for every purpose, be as effectual in favor of any person holding the same, as actual payment of the amount thereof to the proper landlord, lessor, owner, or other person or persons who would, but for the provisions of this title, and of said demand, have been entitled to receive the sum so paid. And it is further expressly de- clared that no tenant or occupant of any lot, building or premises, shall be dispossessed or disturbed, nor shall any lease or contract, or rights, be forfeited or impaired, nor any forfeiture or Hability be incurred by reason of any omission to pay to any landlord, owner, lessor, contractor, party, or other person, the sum so paid to said department of health, or any part thereof. Department to retain moneys till twelve days after notice. § 1280. The said department of health shall retain money so paid until twelve days after it shall be made to appear to said department of health, or some proper officer thereof, by satisfactory affidavit, that the party or parties, or his or their agent for the collection of any such rent or compensation, who, but for the provisions hereof would have been entitled to receive the same, has had written notice of such payment being made ; and if at the end of said twelve days, the party or parties aforesaid, so notified, have not instituted suit to recover said money, as hereinafter provided, then it shall, by said depart- ment, be paid to the city chamberlain. TITLE 6. 'Abatement by SiiiL Nuisance defined. § 1287. A wilful omission or refusal of any individual, corporation, or body, to forthwith abate any nuisance, as ordered by a resolution of the board of health, duly served upon them, pursuant to the provisions of this act, or to con- form to any ordinance of the sanitary code or any sanitary regulation of said board, duly made for the protection of life, or the care, promotion, or preservation of health, pursuant to its power or authority, shall be a misdemeanor, and the person or officers guilty thereof shall be liable to indictment and pun- ishment as for a misdemeanor. In addition thereto every CHARTER OF NEW YORK CITY. 539 person, body or corporation that shall violate or not conform to any ordinance of the sanitary code, or any rule, sanitary regulation or special or general order of said board, duly made, shall be liable to pay a penalty not exceeding fifty dollars for each offense, which may be sued for and recovered by and in the name of said department of health, with costs, before any justice or tribunal in said city of New York having jurisdic- tion of civil actions. Suits to abate nuisances. § 1288. For the abatement or remedying any of the nui- sances mentioned or declared in this chapter or by the board of health pursuant to the authority devolved upon and con- ferred upon it by this act, the board of health may institute and maintain in any court in said city having jurisdiction in suits where the amount claimed exceeds one thousand dollars, a suit or suits at law or in equity. And all costs collected in any such action or proceeding shall be paid over to the depart- ment and accounted for by it. To all such suits the provisions of this chapter, relative to jurisdiction, costs, and parties, shall be applicable; and the courts shall allow the plaintiff, at any proper stage of the case, to amend, by joining other parties defendant ; and no suit shall be dismissed or defeated by reason of there being other persons interested therein, or concerned in causing, creating, or maintaining the nuisance complained of in such suit. Id.; trial thereof. § 1289. Such suit shall be tried by the court without a jury, unless, some defendant shall, in his answer, or by notice in writing to be served on plaintiff's attorney within five days after service of said answer, demand a trial by jury on some question of fact, to be in said answer, or notice distinctly stated, and in respect of which a right of trial by jury exists, and if any such demand be so made and served, the case shall, as to all the defendants, be placed on the calendar of jury trial cases as a preferred case; and when moved for trial, if issues of fact for the jury have not before' been settled, the presiding judge may state in writing the issue? of fact to be submitted to the jury, or the trial shall proceed upon the material issues of fact made by the pleadings without such written statement of issues; and the judge who presided at the trial (or some judge of the same court, if said judge 540 LAWS OF NEW YORK. be unable to proceed therewith) shall, on receiving the verdict, or as soon thereafter, and at the same term, if possible, settle and cause to be entered the proper judgment in said suit. Id.; judgment; what to contain. § 1290. If the judgment be that any nuisance may be abated or remedied, in whole or in part, said judgment shall contain sufficient directions for its proper execution, and the judge shall, from the pleadings and the evidence given at the trial, find and state what proportion of the expense of such execution shall be paid or be borne by each or all of the defendants, jointly or severally; and if, in the opinion of the court, any part of or all of the expense of such execution should be borne by said department of health, or the execution of such judg- ment should be made by said department or under its direc- tion, said judgment shall contain the appropriate directions in respect to such last-named payment or execution. Said judg- ment, if against any defendant, shall, on its face, state that it will be a lien on the real property, and corporeal heredita- ments of such defendant or defendants respectively, to which the said nuisance shall have related, till his or their proportion of such expenses of execution are satisfied, or the lien thereof shall be otherwise discharged according to law. Lien of judgment; how removed. § 1291. Any person prejudicially affected by the lien of any such judgment may, on five days' notice to said depart- ment, make a motion before any judge of the court in which said judgment was rendered, for an order that the lien of such judgment be discharged as to all or any specific property set forth; and if it shall appear to such judge, on the hearing of such motion, that such five days' notice of such motion has been given to the board of health, and that such judgment has been executed, and the expenses paid which the lien sought to be discharged, was designee! to secure; or, if a proper or sufficient undertaking or bond, with sureties, shall be given for the payment of such expenses ; or if the board of health', or its counsel, shall, in writing, consent to the discharge of the last-named lien, as to any or all property referred to, or as to one or more defendants, then said judge may order said lien discharged of record by the proper officer, to the extent and as to the person or persons that the order shall specify; and it shall be so discharged: and such order and the moving papers shall be filed with the proper clerk, as the judge may direct. CHARTER OF NEW YORK CITY. 641 Appeals and stays. § 1292. No appeal by any party defendant shall stay the execution of any judgment aforesaid, except to the extent, in reference to the persons, and on the conditions the judge who tried the case, or some other judge of the same court, shall, on the settling of the judgment, or on motion, on four days' notice to said department of health, specially order; and if no such order shall be made, the judgment shall be exe- cuted, notwithstanding any appeal, undertaking or security, and without any liability on the part of any person by rea- son of any damages or consequences growing out of the execution of said judgment, whether the same be reversed or not. All appeals by the defendant from any judgment in the said abatement suits shall be taken within thirty days after notice, in writing, to the defendant or his attorney, of the entry of the judgment therein, and the judge who tries the case may, in his discretion, order a stay' as to the execu- tion of the judgment, but only for the period of the said thirty days, and within said period of thirty days an undertaking or security on appeal must be filed, of the form and obligation required in ordinary appeals from judgments, but also to be conditioned for the payment of the appellant's adjudged share of the expenses of executing such judgment, or if not estimated in said judgment, as the judge, on application and three days' notice to said department, shall estimate the same, in conformity with the judgment, for the purpose of such security on appeal. But the execu- tion of any judgment against the defendants shall not be delayed beyond thirty /lays, if within that period the proper undertaking or security on appeal, approved by the judge, has not been filed, and the appeal perfected, as herein provided. The judgment may state the estimated expense that will have to be paid by any party toward executing said judgment; but the board of health may appeal in any such case, or any case to which the health department is a partv within thirty days after the entry of any judgment, and with- out giving any security; such appeal shall be effectual and shall operate as a stay on the part of the judgment in respect to which said department appeals. Claims for penalty may be joined in abatement suits^ § 1293. In any such abatement suit said department may join a cause of action for any penalty or penalties that may have been incurred by either of the defendants, by reason of. 542 LAWS OF NEW YORK. or in connection with, the nuisance complained of, or by reason of any omission or refusal of any defendant to obey or comply with any ordinance of the sanitary code or any order of the department of health touching such alleged nuisance, and have the proper provision in any judgment therefor against one or more of the defendants. Judgment of appellate division; what to contain. § 1294. The judgment of the appellate division, if it shall, to any extent, direct any change in the judgment appealed from, but shall direct, or allow or fail to forbid the judgment in part to be executed, shall also contain the requisite spe- cific provisions, so that the judgment, as modified, may be executed, and the due proportion of the expenses of such execution may be assessed on the defendants, respectively, or on said department, as the appellate division may ad- judge. There may be an appeal from the appellate division to the court of appeals, in such abatement suit, and therein the provisions hereof as to appeals from the judgment to the appellate division, and as to the security on appeal, shall in all particulars, including the length of time given in which to take an appeal, apply, except that no undertaking on its appeal is necessary on the part of the department of health,- and no change in the code of civil procedure, or otherwise, hereafter to be made, though in subject-matter applicable to said abatement suits, shall be construed to modify the afore- said or other provisions of the health laws as to any suits thereunder, unless such act shall specilically declare such modification to be intended. Statement of expense of execution. § 1295. Upon the execution, in whole or in part, of any such judgment, if said department shall, as it is hereby author- ized to do, decide the public interest to demand only execution in part thereof, a statement of the expenses of such execution shall be made, and such expenses shall be therein apportioned not contrary to any provisions of said judg^ment; and upon the same being verified by the oath of some officer of said department, such statement, entitled in the case, may be filed or given to the proper clerk to be filed, with such judgment; and notice of such filing or deHvery, and a copy of such statement shall be given to the attorneys of the defendant in the suit, or to the defendants themselves, or to some one of the joint defendants; OHAETER OF NEW YORK CITY. 543 and unless within ten days after any such notice, such de- fendants shall give due notice, in writing, to said department, of a motion, and serve therewith copies of affidavits to correct such statement in particulars to be mentioned, and separately and clearly stated in such affidavit, such statement aforesaid shall be^ in all suits, and proceedings, and tribunals, and at all times, deemed and taken to be final, conclusive and correct; and no formal defect in such statement shall in any whQ vitiate the same. And on any hearing of such motion, said department may read affidavits in support of such original statement; and the finding of any judge on the hearing of such motion, as the said statement of such expenses and other matters in such motion involved, or state- ment contained, shall be final and conclusive, and not subject to appeal; and such finding or statement as modified by such finding when filed, shall be of the same effect as such original statement would have been had no motion in regard thereto been made; and for the purpose of an execution for such expense, and creating a lien under any judgment, such state- ments and finding or modified statement shall be regarded as a part of said judgment, and the lien thereof shall extend to any amounts stated in such final statement and finding. In so far as any judgment may be directed to be executed at the expense of said department of health, or by any party defend- ant at his own expense, and shall by such party defendant be so executed, the expense of such execution shall not be stated or embraced in the aforesaid statement or finding of expenses ; but if any part of the execution aforesaid, which any party should have borne or paid, shall, by reason of the delay, re- fusal or defective act or execution of such party, or any other cause, be paid, borne or incurred by said department of health, in and about the execution of such judgment, then the said latter expenses of said department may be embraced in said statement and finding, and collected by execution as aforesaid. Execution thereupon. § 1296. For the proportion and amounts as authorized by such judgment, and contained in such finding or in such state- ment or modified statement, when either of the same shall have become final as aforesaid, said department shall have execution, on application ex parte, to a judge of the court in which the judgment was recovered, and such execution shall, in due form, be allowed by any such judge; such execution to be against any one or more 544 LAWS OF NEW YORK. defendants or joint defendants for the recovery of any amount due from such defendant, or defendants, which the party claiming such execution is entitled to receive; and such execution, except as herein specially provided, shall be of the same effect and form as any execution duly issued pursuant to any judgment. But no execution shall be issued against any defendant for less than the whole sum due from such de- fendant, or for less than he shall be liable to pay in such suit; but any sum adjudged against any defendant or defendants, in any such abatement suit for penalties, costs, or for other cause than the expense of the abatement or remedying of such nuisance, may be collected by separate or other executions, other than those authorized for collecting such expenses, to be issued in due course of law. Injunction may be granted in abatement suits; requisites. § 1297. In any abatement suit aforesaid the court or a judge thereof, may issue and enforce an appropriate preliminary injunction, whenever it shall be asked for, by the board of health, and there shall appear to such- judge to be reasonable cause therefor; and such injunction may also be granted when- ever it shall be made to appear to the court or a judge thereof, by affidavit, that such injunction is needed, to prevent any illegal act, conduct, or business aforesaid or its continuance, or to prevent any serious danger to human life or serious detri- ment to health, or great public inconvenience, touching any matter or thing to which this chapter or the health laws afore- said relate. And in any such injunction order the court may require any building, erection or grounds to be put in a condi- tion that will not be dangerous to the life or detrimental to the health of any occupant, before the same shall be leased, or rented, or occupied, or before any rent or compensation shall be collected for the rent or use of the whole or any portion of the same. In any such injunction order, and also in any judgment in any abatement suit, the judge or court may require the tenants, lessees, and occupants, or either or any of them, of any such building, erection, or grounds, to pay rent thereof, or compensation therefor, due or to grow due to the health .department, and said department to collect and receive and apply said rent to the payment of the expenses of putting any said building, erection, or ground in a condition that will not be dangerous to the life or detrimental to the health of any present or future tenant, lessee or occupant, or of any other person; all such collections and payments to be made CHARTER OF NEW YORK CITY. 545 in such manner, to such extent, and on such conditions as the court shall by order or judgment provide; and every such pay- ment to said department, and the receipt of its treasurer for such rent or compensation, shall be as effectual to protect any person who has made the same, and every such tenant, lessee and occupant, and all his and their- rights under any lease or occupation, as if such payment had been made to, and such receipt had been given by the lessor or owner, or any proper claimant of any such rent or compensation, who had, but for such order or judgment, the right and authority to receive the same. But no undertaking or security shall be required or necessary on the part of said department as a condition of grant- ing such injunction, or the same being effectual; and in any final judgment in such suit there may be enjoined whatever, if about to happen or threatened, would be the proper subject matter of a preliminary injunction. And when the public inter- est seems to the court to require a speedy trial or hearing of any such suit or appeal therein, it shall be the duty of any judge of any court aforesaid, or of the court to whom application by said board may be properly made, to cause such suit or appeal to be advanced and brought to a speedy trial, and befort it would otherwise be reached by trial or argument in due course on the calendar, as the judge or court may by special order direct. Expenses of department of health to be paid out of its funds. § 1298. Whatever expenses said department of health may lawfully and properly incur in the execution of any judgment aforesaid, or in executing or in connection with its own orders, made in good faith, or in and about the discharge in good faith of its supposed duties, or in satisfying any liability or judg- ment it may have in good faith incurred or suffered by reason of its acts done in good faith as aforesaid, or in satisfying any claim against its officers or subordinates, arising from their acts in the discharge, in good faith, of their supposed respective duties, shall, so far as established, be paid out of its fund or other moneys appropriated to such purpose or to its use. Infected and uninhabitable houses to be condemned by board of health. § 1299. Whenever it shall be certified to the board of health of The City of New York by the sanitary su* perintendent or an assistant sanitary superintendent that any 546 LAWS OF NEW YORK. building or any part thereof in The City of New York is in- fected with contagious disease, or by reason of want of repair has become dangerous to life, or is unfit for human habitation because of defects in drainage, plumbing, ventilation, or the construction of the same, or because of the existence of a nui- sance on the premises, which is likely to cause sickness among its occupants, the said board of health may issue an order re- quiring all persons therein to vacate such building or part thereof for the reasons to be stated therein as aforesaid. Said board shall cause said order to be afifixed conspicuously in the building or part thereof and to be personally served on the owner, lessee, agent, occupant, or any person having the charge or care thereof; if the owner, lessee or agent can not be found in The City of New York or does not reside therein, or evades or resists service, then said order may be served by depositing a copy thereof in the post-office in The City of New York, properly enclosed and addressed to such owner, lessee or agent at his last known place of business and residence, and prepaying the postage thereon; such building or part thereof shall, within ten days after said order shall have been posted and mailed as aforesaid, or within such shorter time, not less than twenty-four hours, as in said order may be specified, be vacated, but said board of health, whenever it shall become satisfied that the danger from said building or part thereof has ceased to exist, or that said building has been repaired so as to be habitable, may revoke said order. Proceedings for condemnation prescribed. § 1300. Whenever, in the opinion of the board of health of The City of New York, any building or part thereof in The City of New York, an order to vacate which has been made by said board is, by reason of age, defects in drainage, plumbing, infection with contagious disease, or ventilation, or because of the existence of a nuisance on the premises, which is likely to cause sickness among its occupants, or among the occupants of other property in The City of New York, or because it stops ventilation in other buildings, or otherwise makes or conduces to make other buildings adjacent to the same unfit for human habitation, or dangerous or injurious to health, or because it prevents proper measures from being carried into effect for remedying any nuisance injurious to health, or because of other sanitary evils in respect of such other buildings, so unfit for human habitation that the evils in, or caused by said building, can not be remedied by repairs, CHARTER OF NEW YORK CITY. 54T or in any other way except by the destruction of said building, or of a portion of the same, said board of health may, if it deem such course just and proper, condemn the same and order it removed; provided, however, that the owner or owners of said building may demand a survey of said building in the manner provided for in case of unsafe buildings, and may institute proceedings in the supreme court in The City of New York for the condemnation of said building. Said proceeding shall be instituted through a petition addressed to said court containing a brief statement of the reasons therefor, and shall not be required to contain further allegations of facts, than those which have actuated the board of health in this proceed- ing, which shall then be carried on in the manner prescribed by chapter twenty-one of this act. The owner of said build- ing, or any person interested therein may in his answer dispute the necessity of the destruction of said building, or part there- of, as the case may be. In such case, the court shall not ap- point commissioners unless proof is made of the necessity of such destruction. In such proceeding evidence shall be receiv- able by the commissioners to prove : 1. That the rental of the building was enhanced by reason of the same being used for illegal purposes, or being so over- crowded as to be dangerous or injurious to the health of the inmates ; or 2. That the building is in a state of defective sanitation, or is not in reasonably good repair ; or 3. That the building is unfit, and not reasonably capable of being made fit, for human habitation ; and, if the commissioners are satisfied by such evidence, then the compensation — (a) Shall in the first case, so far as it is based on rental, be on the rental of the building, as distinct from the ground rent, which would have been obtainable if the building was occupied for legal purposes, and only by the number of persons whom the building was under all the circumstances of the case, fitted to accommodate without such overcrowding as is dangerous or injurious to the health of the inmates; and (b) Shall in the second case be the amount estimated as the value of the building if it had been put into a sanitary condi- tion, or into reasonably good repair, after deducting the esti- mated expense of putting it into such condition or repair; and (c) Shall in the third case be the value of the materials of the building. For the payment of all awards and the expenses of all such proceedings, the comptroller shall issue and sell from time to 548 LAWS OF NEW YORK. time as may be necessary and in the manner hereinbefore provided, corporate stock of The City of New York. TITLE 7. LodgingrHouses, Construction generally. § 1304. Every house, building, or portion thereof, in The City of New York, used, occupied, leased or rented for a lodging-house must conform in its construction, appurte- nances and premises to the requirements of this title; and its use and occupation shall be regulated subject to the ordi- nances of the sanitary code, appHcable thereto, and the orders of the board of health duly made, pursuant to its authority, duty and powers conferred and enjoined upon it in. this chap- ter. Definitions. § 1305. A lodging-house shall be taken to mean and include any house or building, or portion thereof, in which persons are harbored, or received or lodged, for hire for a single night, or for less than a week at one time, or any part of which is let for any person to sleep in, for any term less than a week. A cellar shall be taken to mean and include every basement or lower story of any building or house of which, one-half or more of the height from the floor to the ceiling, is below the level of the street adjoining. Roofs and stairs and fire=escapes. § 1306. The roof of every such house shall be kept in good repair, and so as not to leak, and all rain water shall be so drained or conveyed therefrom as to prevent its dripping on to the ground, or causing dampness in the walls, yard, or area. All stairs shall be provided with proper banisters and raiHngs, and shall be kept in good repair. Every such house shall be provided with a proper fire-escape, or means of escape in case of fire, to be approved by the bureau of build- ings. SIeeping=rooms; ventilation. § 1307. Every house, building or portion thereof in the city designed to be used, occupied, leased or rented, or which is used, occupied, leased or rented for a lodging-house, CHARTER OF NEW YORK CITY. 549 shall have in every room which is occupied as a sleep- ing-room, and which does not communicate directly with the external air, a ventilating or transom window, having an opening or area of three square feet, over the door leading into, and connected with the adjoining room, if such adjoin- ing room communicates with the external air, and also a ventilating or transom window of the same opening or area, communicating with the entry or hall of the house, or where this is, from the relative situation of the rooms, impractica- ble, such last-mentioned ventilating or transom window shall communicate with an adjoining room that itself communi- cates with the entry or hall. Every such house, or building, shall have in the roof, at the top of the hall, an adequate and proper ventilator, of a form approved by the bureau of buildings. Water=cIosets, privies and sinks. § 1308. Every lodging-house shall be provided with as many good and suf!icient water-closets^ improved privy sinks, or other similar receptacles, as the de- partment of health shall require, but in no case shall there be less than one for every fifteen occupants. The water-closets, sinks, and receptacles, shall have proper doors, soil pipes, and traps, all of which shall be properly ventilated to prevent the escape of deleterious gas and odors, soil pans, cisterns, pumps and other suitable works and fixtures, neces- sary to insure the efficient operation, cleansing, and flushing thereof. Every lodging-house situated upon a lot on a street or avenue in which there is a sewer, shall have a separate and proper connection with the sewer; and the water-closets, sinks, and other receptacles shall be properly connected with the sewer by proper pipes made thoroughly air-tight. Such sewer connection, and all the drainage and plumbing work, water-closets, sinks and other receptacles, in and for every lodging-house shall be of the form, construction, or arrangement, location, materials, work- manship and description as may be required by the rules and regulations of the bureau of buildings of The City of New York. Every owner, lessee and occupant shall take adequate measures to prevent improper substances from entering such water-closets, or sinks, or their connections, and to secure the prompt removal of any improper sub- stances that may enter them, so that no accumulation shall take place, and so as to prevent any exhalations therefrom, 550 LAWS OF NEW YORK. offensive, dangerous and prejudicial to life or health, and so as to prevent the same from being or becoming obstructed. No privy, vault or cess-pool shall be allowed in, under, or connected with any such house except when it is unavoid- able, and a permit therefor shall have been granted by the department of health, and in such case it shall be constructed in such situation and in such manner as the bureau of buildings may direct. It shall in all cases be water-tight and arched or securely covered over, and no offen- sive smell or gases shall be allowed to escape therefrom, or from any closet, sink or privy. In all cases where a sewer exists in the street or avenue, upon which the house or building stands, the yard or area shall be connected with the sewer, so that all water from the roof or otherwise, and all liquid filth shall pass freely into the sewer. Where there is no sewer in the street or avenue, or adjacent thereto, with which connection can be made, the yard and area shall be so graded that all water from the roof or otherwise, and all filth shall flow freely therefrom into the street gutter, by a passage beneath the sidewalk, which passage shall be covered by a permanent cover, so arranged as to permit access to remove obstructions or impurities. Cellars and basements not to be occupied for living purposes, ex- cept in certain cases. § 1309. It shall not be lawful, without a permit from the bureau of buildings, to construct^ during the erection of a lodging-house, nor after the completion of such lodging- house, any room or rooms in any basement or cellar to be occupied wholly or in part as a dwelling, nor shall it be law- ful without a permit from the department of health to let, occupy, or suffer to be occupied separately as a dwelling, any vault, cellar, or underground room, built or rebuilt after July first, eighteen hundred and sixty-seven, or which shall not have been so let or occupied before said date. Cellars and vaults not to be used for sleeping=roonis. § 13 10. No vault, cellar, or underground room shall be oc- cupied as a place of lodging or sleeping, except the same shall be approved, in writing, and a permit given therefor by the board of health. No wall paper shall be placed up- on a wall or ceiling of any lodging-house, unless all wall paper shall be first removed therefrom, and said wall and ceiling thoroughly cleansed. Every lodging- CHARTER OF NEW YORK CITY. 551 house, and every part thereof, shall be kept clean and free from any accumulations of dirt, filth, garbage or other matter in or on the same, or in the yard, court, passage, area or alley connected with it, or belonging to the same. The owner or keeper of any lodging-house, shall thor- oughly cleanse all the rooms, passages, stairs, floors, win- dows, doors, walls, ceilings, privies, cesspools and drains of the house or part of the house of which he is the owner or lessee, to the satisfaction of the department of health, so often as he shall be required by or in accordance with any order of the board of health and any regulation or ordinance of said department, and shall well and sufficiently, to the sat- isfaction of the said health department, whitewash the walls and ceihngs thereof once at least in every year. Certain occupations and business prohibited. § 131 1. Every lodging-house shall have the proper and suitable conveniences or receptacles for receiving garbage and other refuse matters. No lodging-house or premises, nor any portion thereof, shall be used as a place of storage fcr any combustible article, or any article dangerous to life or detri- mental to health; nor shall any horse, cow, calf, swine, pig, sheep or goat be kept in said house or on the - premises thereof. Owners' names to be registered in department of health. §1312. Every owner of a lodging-house and every person having control of a lodging-house, shall file in the department of health, a notice containing his name and address, and also a description of the property, by street number or otherwise, as the case may be, in such manner as will enable the depart- ment of health easily to find the same. In case of a transfer of any lodging-house, it shall be the duty of the grantor and grantee of said lodging-house to file in the depart- ment of health a notice of such transfer, stating the name of the new owner, within thirty days after such trans- fer. In case of the devolution of said property by will, it shall be the duty of the executors and of the devisee, if more than twenty-one years of age, and in case of the devolution of such property by inheritance without a will, it shall be the duty of the heirs, or in case all of the heirs are under age, it shall be the duty of the guardians of such heirs, and in case said heirs have no guardians, it shall be the duty of the ad- ministrator of the deceased owner of said property to file in 553 LAWS OF NEW YORK. said department a notice, stating the death of the deceased owner, and the names of those who have succeeded to his interest in said property, within thirty days after the death of said decedent, in case he died intestate, and within thirty days after the probate of his will, if he died testate. A failure to file such notice shall make said property, and the owners thereof, liable to a penalty of not less than ten dollars nor more than fifty dollars. Said penalty may be recovered in an action brought by the health department, as provided in this act. Every person claiming to have an interest in any lodging-house may file his name and address in the department of health. All notices and orders of the department of health required by law to be served in relation to a lodging-house, shall be served by posting in some conspicuous place in the house a copy of the notice or order, five days before the time for doing the thing in rela- tion to which said notice or order was issued. The posting of a copy of an order or notice, in accordance with this section, shall be sufficient service upon the owner of the property affected. It shall be the duty of the department of health to cause a copy of every such notice or order to be mailed, on the same day that it is posted in the house, ad- dressed to the name and address of each person who has filed with the department of health the notice provided for in this section. Inspection twice a year; officers to have access. § 13 1 3. It shall be the duty of the board of health to cause a careful inspection to be made of every lodging-house at least twice in each year. And whenever the board of health has made any order concerning a lodging-house it shall cause a reinspection to be made of the same within six days after it has been informed that the order has been served. The keeper of any lodging-house and the owner, agent of the owner, lessee or occupant of any tenement-house, and every other person having the care and management thereof, shall, at all times, when required by any officer of the department of health, or by any officer upon whom any duty is conferred by this title, give him free access to such house, and to every part thereof. The owner or keeper of any lodging-house, and the owner, agent of the owner and the lessee of any tenement-house or part thereof, shall, whenever any person in such house is sick of fever, or of anv infectious, pestilential or contagious disease, and CHARTER OF NEW YORK CITY. 553 information thereof has been given to such owner, keeper, agent or lessee, give immediate notice thereof to the board of health, or to some officer of the same, and thereupon said board shall cause the same to be immediately cleansed or disinfected, at the expense of the owner, in such manner as it may deem necessary and effectual, and it may also cause the blankets, bedding and bed-clothes used by any such sick person to be thoroughly cleansed, scoured and fumigated, or, in extreme cases, to be destroyed. Houses hereafter erected to comply with additional requirements. § 13 14. No house hereafter erected shall be used as a lodging-house, and no house heretofore erected and not now used for such purpose, shall be converted into, used, or leased for a lodging-house, unless, in addition to the require- ments hereinbefore contained, it conforms to requirements contained in the following sections of this title. Construction of lodging=houses and spaces prescribed for building the same. § 13 1 5. It shall not be lawful, without a permit from the bureau of buildings, to alter, erect or convert to the purposes of a lodging-house, a building on any lot where there is an- other building on the same lot; nor shall it be lawful to build or to erect any building on any lot whereon there is already a lodging-house, unless there is a clear open space exclusively belonging thereto, and extend- ing upward from the ground of at least ten feet between said buildings if they are one story high above the level of the ground; if they are two stories high, the dis- tance between them shall not be less than fifteen feet; if they are three stories high, the distance shall not be less than twenty feet; if they are more than three stories high, the dis- tance between them shall not be less than twenty-five feet, but when thorough ventilation of such open spaces can be otherwise secured, such distances may be lessened or modi- fied in special cases by a permit from the bureau of buildings. At the rear of every building hereafter erected for or con- verted to the purposes of a lodging-house on any lot, there shall be and remain a clear open space of not less than ten feet between it and the rear end of the lot. No one con- tinuous building hereafter constructed shall be built or con- verted to the purposes of a lodging-house in The City of New York, upon an ordinary city lot, and no existing lodging- 554 LAWS OF NEW YORK. house shall be enlarged or altered, or its lot be diminished, so that it shall occupy more than sixty-five per centum of the area of said lot, but where the Hght and ventilation, of such lodging-house are, in the opinion of the superintendent of buildings, materially improved, he may permit such lodging-house to occupy an area not exceeding sev- enty-five per centum of the said lot, and in the same propor- tion if the lot be greater or less in size than twenty-five by one hundred feet ; but this provision shall not apply to corner lots, in which, however, no such building hereafter con- structed, above the first story, shall occupy more than ninety- two per centum of the area of a lot, and no such building shall come within five feet of the rear of said lot, provided, further, that in all cases, both for corner and interior lots, the interior courts or shafts shall not be less than two feet four inches wide at their narrowest parts. In computing the amount of the lot covered by a building, any shaft or court of less than twenty-five square feet in area shall be considered as part of the building and not as part of the free air space. No shaft or court, over ten square feet in area, hereafter constructed in a lodging-house, except elevator shafts or staircase wells, shall be covered with a roof, skylight or otherwise. The light and ventilation of all buildings hereafter erected for, or con- verted to the purpose of lodging-houses, must be provided in accordance with the requirements of this title, and the conditions of a plan and permit previously approved in writing by the bureau of buildings, and no existing lodging-house shall be enlarged or altered or its lot diminished without a similar permit. The bureau of buildings is hereby em- powered and directed to make rules and regulations not inconsistent with the requirements of this title, and which, in addition to the requirements of this title, shall be the condi- tions of approval of the plans and permits; the rules and regulations shall govern the arrangement and distribution of the uncovered area, size, lighting, location and arrangement of shafts, rooms, cellars and halls. In case of any violation of the provisions of this section, or of any failure to comply with, or of any violation of the terms and conditions of the plan for such lodging-house approved by the bureau of build- ings, or of the conditions of the permits granted as hereinbe- fore provided, or for the air, light and ventilation of the said house, or premises, any court of record, or any judge or jus- tice thereof shall have power, at any time after service of notice of violation, or of non-compliance, upon the owner, CHARTER OF NEW YORK CITY. 556 builder or other person superintending the building or con- verting any such house, upon proof by affidavit of any viola- tion or non-compliance as aforesaid, or that a plan for light and ventilation of such house has not been approved by the bureau of buildings, to restrain by injunction order, in any action by the bureau of buildings, or by the board of health, the further progress of any violation as aforesaid. No under- taking shall be required as a condition of granting an injunc- tion, or by reason thereof. Dimensions and ventilation of rooms. § 1316. In every such house hereafter erected or converted every habitable room, except rooms in the attic, shall be in every part not less than eight feet in height from the floor to the ceiling; and every habitable room in the attic of any such build- ing shall be at least eight feet in height from the floor to the ceiling, throughout not less than one-half the area of such room. Every such room shall have at least one window connecting with the external air, or over the door a ventilator of perfect construction, connecting it with a room or hall which has a connection with the external air, and so arranged as to produce a cross-current of air. The total area of window or windows in every room communicating with the external air shall be at least one-tenth of the superficial area of every such room; and the top of one, at least, of such windows shall not be less than seven feet six inches above the floor, and the upper half, at least, shall be made so as to open the full width. Every habitable room of a less area than one hundred superficial feet, if it does not communicate directly with the external air, and is without an open fireplace, shall be provided with special means of ventilation, by a separate air shaft extending to the roof, or otherwise, as the board of health may prescribe. Penalties for violations of provisions. § 1 317. Every owner or other person violating any provision of this title shall be guilty of a misdemeanor, punishable by a fine of not less than ten dollars, or more than one hundred dollars, or by imprisonment for not more than ten days for each and every day that siich violation shall continue, or by both such fine and imprisonment, in the discretion of the court. He shall also be liable to pay a penalty of ten dollars for each day that such offense shall continue. Such penalty may be 556 LAWS OF NEW YORK. sued for and recovered by the department of health in any civil tribunal of said city, and when recovered shall be paid over to the chamberlain. In every proceeding for a violation of this title, and in every such action for a penalty, it shall be the duty of the owner of the house to prove the date of its erection, or conversion to its existing use, if that fact shall become material, and the owner shall be, prima facie the per- son liable to pay such penalty, and after him the person who is the lessee of the whole house, in preference to the tenant or lessee of a part thereof. In any such action the owner, lessee^ and occupant, or any two of them, may be made defendants, and judgment may be given against the one or more shown to be liable, as if he or they were sole defendant or defendants. No part of chapter two hundred and seventy-hve of the laws of eighteen hundred and ninety-two, or of any other act shall be so construed as to abrogate or impair the power of the department of health to sue for and recover such a penalty whether the liability to pay said penalty shall arise from a violation of the laws, or ordinances or sections of the sanitary code, in regard to light, ventilation, plumbing and drainage, so far as the same affects the sanitary condition of the prem- ises; and except that the bureau of buildings shall have juris- diction and cognizance over all matters and things in this title contained which relate to the construction or alteration of buildings or structures, or any part thereof, and as to the light, ventilation, drainage and plumbing of such buildings when in process of construction or alteration. Any penalty herein above mentioned for a violation of the provisions of this title, in respect to the matter aforesaid, within the juris- diction and cognizance of the bureau of buildings, shall be sued for and recovered in the same manner as the violations of the building laws of The City of New York are now sued for and recovered by the bureau of buildings, and said penalty so collected shall be paid to the chamberlain of The City of New York to be applied as other penalties collected by said department are applied. Power of bureau of buildings and of board of health to make other regulations relative to lodging=houses. § 1318. The bureau of buildings shall have authority to make other regulations as to light and ventilation of all new lodging houses consistent with the foregoing, when it shall be satisfied that such regulations will secure equally well the health and safety of the occupants; likewise CHARTER OF NEW YORK CITY. 557 the board of health shall have authority to make other regulations as to cellars and as to ventilation in completed lodging houses, consistent with the fore- going, where it shall be satisfied that such regula- tion^ will secure equally well the health of the occu- pants. The board of health shall have power to ap- point all the officers and agents of the department of health, of whatever name or character soever, and shall have exclusive charge and control of, and the exercise of, all the rights, powers, duties and privileges of said department, and for this purpose the terms board of health " and department of health," as used in this chapter, shall be deemed synonymous. TITLE 8. The Health Department Pension Fund. Board of trustees of health department pension fund. § 1 3 19. The board of health of the health depart- ment of The City of New York is hereby con- stituted, and shall be a board of trustees of the health department pension fund heretofore, and here- in, authorized and provided for. The members of said board of health shall annually choose one of their number to be chairman of the board of trustees of the health department pension fund, and shall from time to time elect a secretary. Immediately upon organization, said board of trustees shall receive and have charge of the pension fund, or funds heretofore authorized, and in existence in any health department, municipality, or county, forming a part of The City of New York, provided for officers, physicians, and em- ployes in the health department service, and such board of trustees shall have charge of, and administer the pension fund authorized and provided for herein. From time to time the said board of trustees shall invest the said pension fund or any part thereof, as it shall deem most beneficial to the fund. Said board is empowered to make all necessary contracts and take all necessary and proper actions and proceedings in the premises, and to make payment from said fund of pensions granted in pursuance of this act. The said trustees shall, from time to time, establish such rules and regulations for the administration of the said fund as they may deem best. They shall report in detail to the mayor of The City of New York annually in the month 558' LAWS OF NEW YORK. of January, the condition of said fund and the items of their receipts and disbursements on account of the same. No pay- ments whatever shall be allowed to, or made by, such trustees as reward, gratuity, or compensation to any person for salary or services rendered to, or for, said board of trustees. What moneys shall be included in pension fund. § 1320. The health department pension fund shall consist of: 1. All moneys paid for searches and transcripts of the records of births, marriages and deaths, or other papers of said department of health. 2. All moneys collected from fines and penalties for viola- tions of the sanitary code or health laws in The City of New York. 3. All said moneys, including the fines and penalties directed in section twelve hundred and twenty-two of this act, to be paid to the comptroller shall, within thirty days after collection of payment, be paid over by the department, officers, clerks, magistrates and courts receiving and collecting the same to the said board of trustees of the health department pension fund. Pension for physician or employe disabled by reason of perform- ance of duty. § 1 32 1. The board of trustees of said fund shall have power to grant as pension to any physician or employe in the health department of The City of New York, who shall, as a con- sequence of the actual performance of his duty, and without any fault or misconduct on his part, have become per- manently disabled physically or mentally, so as to be unfit to perform full duty, a sum not to exceed one-half, nor less than one-fourth of his rate of compensation per annum as such physician or employe, as the case may be. Pensions to personal representatives of physician or employe who shall die from disease or injuries suffered in consequence of his performance of duty. § 1322. Whenever such physician or employe shall die while in the service of the health department from disease con- tracted or injuries sustained by him as a consequence of the actual performance of his duty, without any fault or misconduct on his part, leaving a widow, the said board of trustees of said pension fund may grant, CHARTER OF NEW YORK CITY. 559 award or pay to the widow of said physician or employe the sum of three hundred dollars annually, during her Ufe, so long as she remains a widow; and if there be no widow of any such physician or employe, but he shall leave minor children under eighteen surviving him, then said three hundred dollars may be given, awarded and paid to said children under eighteen years ot age. Certificate required in certain cases. § 1323. No physician or employe, as aforesaid, of the health department, shall be awarded, granted or paid a pension on account of physical or mental disability or disease, unless upon certificate and report of a board of physicians, to be appointed by the board of health, which shall set forth the cause, nature and extent of the disability, disease or injury of such physician or employe, who may be placed on the pension roll, and such certificate shall distinctly state whether or not such disability, disease or injury was incurred or sus- tained by such physician or employe while in the perform- ance of his duties as such physician or employe of the health department, and such certificate shall, in such case, be filed with, and entered upon the minutes of the board of health. Pension for twenty years' service. § 1323a. Any physician or employe who has or shall have performed duty as such physician or employe in any depart- ment of health in The City of New York, for a period of twenty years, or upward, upon his own application, in writing, or upon a certificate and report of a board of physicians, appointed by the board of health, certify- ing that such physician or employe is permanently disabled, so as to be unfit for further duty as such physician or em- ploye, shall be retired from active service by resolution of the board oi health of the health department of The City of New York, and placed upon the health department pension roll, and thereupon shall be awarded, granted and paid from said health department pension fund by the trustees thereof, an annual sum during his lifetime not exceeding one-half the ordinary full pay of a physician or employe in the health de- ^ partment service, of the rank of the physician or employe so retired, provided, however, that no pension granted under this or the preceding sections, shall exceed the sum of twelve hundred dollars per annum. Pensions granted under this section shall be for the natural life of the person 560 LAWS OF NEW YORK. receiving the same, and shall not be revoked, repealed or diminished. In determining the term of service of any such physician or employe, under this section, service in former health departments or board of health having jurisdiction in matters of pubHc health in any part of The City of New York, as constituted by this act, shall be counted and held to be service in the department of health of The City of New York. Order of discontinuance of pension in certain cases. § 1324. The board of health may, in its dis- cretion, order any pension granted or any part thereof to cease, except as provided in the last preceding section, but in all such cases the said board of health, shall file with the board of trustees of the health department pension fund, a written state- .ment of the causes determining the action of the said board of health in ordering any pension to so cease ; and nothing in this act or in any other act, shall render the granting or pay- ment of such pension obligatory on the board of health, or upon the trustees of the health department pension fund, or chargeable as a matter of right upon said fund, except as provided in the last preceding section. This chapter a remedial statute; construction. § 1325. This chapter is hereby declared to be a remedial statute and is to be construed liberally to secure the beneficial interests and purposes thereof. Nothing herein contained shall be construed to affect any suit or proceeding now pend- ing in any court, or any rights acquired or liability incurred, or any cause or causes of action accrued or existing, whether for a penalty or otherwise, under any act repealed or amended by this act. Wherever the bureau of buildings is referred to in this chapter the provisions relating thereto shall be held to apply to such bureau as established by the president of any borough within the borough, or to said president of a borough when no such bureau has been established by him. All acts and parts of acts in conflict with this chapter or any part thereof are hereby repealed. CHAPTER XIXa. Tenement House Department. Title I. Organization of department; officers and employes. 2. Powers and duties of department. 3. Records and reports; miscellaneous provisions. CHARTER OF NEW YORK CITY. 56J TITLE I, Organisation of Department; Bureaus; OMcers and Employes. Department created; tenement house commissioner. § 1326. The head of the tenement house department shall be called the tenement house commissioner. He shall be appointed by the mayor, and shall hold office as provided in chapter four of this act. His salary shall be seven thousand five hundred dollars a year. Deputy commissioner. § 1327. The commissioner shall have power to appoint and in his discretion to remove not more than two deputies, to be known as first deputy, and second deputy, and shall define their duties. The first deputy shall during the absence or disability of the commissioner possess all the powers and per- form all the duties of the commissioner except the power of making appointments. In the absence or disability of both the commissioner and the first deputy, the second deputy shall possess all the powers and perform all the duties of the commissioner, except the power of making appoint- ments. The salaries of such deputies shall be four thousand dollars a year each. Bureaus; divisions of department for Brooklyn, Queens and Rich« mond. § 1328. There shall be in the tenement house department, (i) a new building bureau; (2) an inspection bureau; (3) a bureau of records; and such other bureaus as the commis- sioner may deem necessary. A separate division of the department may be established in the borough of Brooklyn, with jurisdiction over tenement houses in the borough of Brooklyn, and also in the discretion of the commissioner over tenement houses in the boroughs of Queens or Richmond, or both. The commissioner may designate the deputy commissioner or some other officer of the department as the executive head of such division, who shall perform such duties and possess such powers as may be delegated to him by the commissioner. A branch of each of the bureaus above specified may be established in such division. 562 LAWS OF NEW YORK. Officers and employes. § 1329. The tenement house commissioner, withhi the lim- its of his appropriation, shall have power to appoint and re- move, subject to the requirements of the civil service laws, such subordinate officers, assistants and employes as may be necessary for the efficient performance of his duties as said commissioner. In the new building bureau there shall be not less than three plan examiners and not less than sixteen inspectors of light and ventilation. In the inspection bureau there shall be not less than one hundred and ninety inspectors, includ- ing such persons as may be detailed by the police commis- sioner for service in the tenement house department. The commissioner shall appoint a chief inspector and deputy chief inspector over such bureau. In the other bureaus there shall be such registrars, clerks and employes as are necessary to perform the duties thereof. All such officers and employes shall be subject to the supervision and control of the commis- sioner, and shall perform such duties as are assigned by him. Such commissioner may make regulations governing each such bureau, and branch thereof, not inconsistent with law. Duties of bureaus. § 1330. The new building bureau shall file, record and ex- amine plans and specifications for the light and ventilation of tenement houses hereafter altered or erected, and of build- ings to be altered or reconstructed for use as tenement houses. It shall inspect all such houses and buildings in the course of construction or alteration, and record all violations of the tenement house act in respect thereto. The inspection bureau shall inspect all completed tenement houses, and record all violations of the tenement house laws and ordinances. The commissioner shall prescribe the duties of the inspectors connected with such bureau, and may as- sign them to such part of the city as he may deem best. The bureau of records shall contain records of every tenement house in the city, to be kept in the manner and form pre- scribed by the commissioner. Such other bureaus as may be organized by the commissioner shall perform the duties pre- scribed by him, and he may assign thereto such employes as may be necessary. Offices and expenses. § 1 33 1. The commissioner may provide offices for the use of the department, its bureaus and the branches thereof. OHAKTER OF NEW YORK CITY. 503 Such commissioner may, subject to the other provisions of this act, make such incidental and additional expenditures, having due regard to economy, as the purposes and provi- sions of this chapter may require. He may provide that the failure of an inspector, ofhcer or employe of the department to properly perform his duty shall cause a forfeiture of the whole or any part of the salary or compensation of such in- spector, officer or employe. Seal. § 1332. The commissioner may design and adopt a seal for the department, and cause the same to be used in the au- thentication of the orders and proceedings of the department, and for such other purposes as he may prescribe. The courts shall take judicial notice of such seal, and of the signature of the commissioner and deputy commissioner of such depart- ment. Annual report* § 1333. The commissioner shall make an annual report at some time prior to the first day of March of each year to the mayor of the city of New York of all the operations of his department for the year ending on the preceding thirty-first day of December. Such report shall, if ordered by the mayor, be published in the City Record, and shall also be published in book form for public information. The mayor may, at any time, call for a fuller report, or for a report upoi. any portion of the w^ork of said department, whenever he deems it for the public good so to do. Publication of statistics and other data. § 1334. The commissioner may provide for the publicity of the papers, files, reports, records and the proceedings of his department, whenever he deems it necessary for the public good and public service. There shall be kept in such depart- ment statistics of all tenement houses, which shall be con- tained in the annual report of such department. Uniforms and badges. § 1335. The commissioner may provide or designate a suit- able uniform to be worn by inspectors. He may also provide a badge of metal, with a suitable inscription thereon, and require it to be worn by the inspectors and officers of the department^ 564 LAWS OF NEW YORK. Reports of inspectors. § 1336. Each of such inspectors shall report in writing, at least once in each week, to the commissioner. The form, manner and scope of such reports shall be prescribed by the commissioner. Such reports shall be filed in the department. Proofs, affidavits and oaths. § 1337- Proofs, affidavits and examinations as to any mat- ter arising in connection with the performance of any of the duties of the tenement house department may be taken by or before the tenement house commissioner, or his deputy, or such other person as he may designate; and such commis- sioner, deputy or other person may administer oaths in con- nection therewith. Complaint book. § 1338. The commissioner shall cause to be kept in his department a general complaint book, or several such books, in which may be entered by any person any complaint in reference to tenement houses, with the name and residence of the complainant, the name of the person complained of, the date of the entry of the complaint and suggestions of any proper remedy. Such book shall be open to public examina- tion during the office hours of the department, subject tc such regulations as the commissioner may prescribe. The tenement house commissioner shall cause the facts in regard to all complaints to be investigated. Attorneys. § 1339. The corporation counsel shall assign to such de- partment such assistant counsel as may be needful, in the manner provided by chapter seven of this act. TITLE 2. Powers and Duties of Department General powers and duties. Section 1340. All the rights and powers possessed by the health department of the city of New York with respect to the sanitary inspection of tenement houses are hereby conferred upon the tenement house department; and the tenement house department is hereby charged with the duty of enforc- ing all the provisions of the tenement house act, except that sections eleven to twenty-eight, inclusive, and sections thirty- CHARTER OF NEW YORK CITY. 565 three, thirty-four, thirty-seven, thirty-eight and thirty-nine of said act shall be enforced by the bureaus of buildings of their respective boroughs. The names of owners, lessees and agents, and persons having control of tenement houses"shall be filed in, and the taxpayers' request for the institution of an action for a lien upon a tenement house shall be presented to the tenement house department instead of to the depart- ment of health. Nothing herein contained shall abrogate or impair the existing powers of the department of health of the city of New York. The tenement house department shall have the powers and shall perform the duties specified in this chapter. Transfer of powers of other departments. § 1 341. Such rights, powers and duties as are now pos- sessed by the fire department and police department of The City of New York with respect to the prevention of incum- brance or obstruction of fire escapes on tenement houses are hereby transferred to and conferred upon the tenement house department. All rights, powers and duties now possessed by the department of buildings and the department of health of The City of New York with respect to the light and ventila- tion of tenement houses, and with respect to the equipment of completed tenement houses with fire escapes, are trans- ferred to and conferred upon the tenement house depart- ment. Approval of plans and specifications for light and ventilation. § 1342. Before the construction or alteration of a tene- ment house, or the alteration or conversion of a building for use as a tenement house, is commenced, the owner, or his agent or architect, shall submit to the tenement house de- partment a detailed statement in writing, verified by the per- son making the same, of the specifications for the Hght and ventilation of such tenement house or building, upon a blank or form to be furnished by such department, and also a full and complete copy of the plans of such work. Such state- ment shall give in full the name and residence, by street and number, of the owner or owners of such tenement house or building. If such construction, alteration, or conversion, is proposed to be made by any other person than the owner of the land in fee, such statement shall contain the full name and residence, by street and number, not only of the owner of the land, but of every person interested in such tenement 566 LAWS OF NEW YORK, house, either as owner, lessee or in any representative ca- pacity. The statements herein provided for may be made by the owner, or the person who proposes to make the con- struction, alteration or conversion, or by his agent or archi- tect. No person, however, shall be recognized as the agent of the owner, unless he shall file with the tenement house de- partment a written instrument, signed by such owner, desig- nating him as such agent. Such specifications, plans and statements shall be filed in the office of the tenement house department and shall be deemed public records, but no such specifications, plans or statements shall be removed from said department. The commissioner shall cause all such plans and specifications to be examined. If such plans and specifi- cations conform to the provisions of the tenement house act, they shall be approved by such commissioner, and a written certificate to that efifect shall be issued to the person sub- mitting the same. The commissioner may, from time to time, approve changes in any plans and specifications pre- viously approved by him, provided the plans and specifica- tions when so changed shall be in conformity with law. The construction, alteration or conversion of such tene- ment house or building, or any part thereof, shall not be commenced until the filing of such specifications, plans and statements, and the approval thereof by the tenement house commissioner, as above provided. No permit shall be granted and no plan approved by the bureau of buildings of any borough of the city of New* York for the construction or alteration of a tenement house, or for the alteration or conversion of any building for use as a tene- ment house, until there has been filed in such bureau of build- ings a certificate of the tenement house commissioner, issued as above provided. Inspection of tenement houses in course of construction. § 1343. The commissioner shall cause an inspection and examination to be made of all tenement houses in the course of construction or alteration, and also of all buildings in course of alteration or conversion for use as tenement houses, for the purpose of ascertaining whether such tenement houses or buildings are being constructed, altered and converted in conformity with the law, and the plans and specifications on file in the office of the department, and approved by the com- missioner. CHARTER OF NEW YORK CITY. 567 Certificate to owner of tenement house hereafter erected or altered. § 1344. No building hereafter constructed as or altered into a tenement house shall be occupied in whole or in part for human habitation, until the issuance of a certificate by the tenement house commissioner that said building con- forms in all respects to the provisions of the tenement house act not excepted in section thirteen hundred and forty of this act; and of a certificate by the superintendent of buildings of the borough in which the building is situated that the building conforms in all respects to the requirements of said excepted sections. Such certificates shall be issued within ten days after written application therefor, if said building at the date of such application shall be entitled thereto. If any building hereafter constructed as or altered into a tene- ment house be occupied in whole or in part for human habitation without such certificates, during such unlawful oc- cupation any bond or note secured by a mortgage upon said building, or the lot upon which it stands, may be declared due at the option of the mortgagee. No rent shall be re- coverable by the owner or lessee of such premises for said period, and no action or special proceeding shall be main- tained therefor, or for possession of said premises for non- payment of such rent. The department of water supply shall not permit water to be furnished in any such tenement house, and said premises shall be deemed unfit for human habitation, and the tenement house commissioner shall cause them to be vacated accordingly. Inspection of completed tenement houses. § 1344a. Except as hereinaftei otherwise provided, the tenement house commissioner shall cause an inspection of every completed tenement house in the city to be made at least once in each month. Such inspection shall include ex- amination of cellars, halls, water-closets, privies, plumbing, yards, areas, fire escapes, roofs, shafts, courts, tanks and all other parts of such tenement houses and the premises con- nected therewith. In tenement houses where the average rental of the apartments therein is twenty-five dollars a month or more, such inspection may be made less often than once a month, as above provided, in the discretion of the tenement house commissioner. The tenement house com- missioner shall prescribe the manner in which such inspec- tions shall be made. The inspectors shall immediately report to the tenement house department all violations of the tene- 568 LAWS OF NEW YORK. nient house act, and the tenement house comniissioner shall issue such orders as he may deem necessary requiring the re- moval of the defect or the cessation of the act which is in violation of such lav^. Injunctions, when to be granted against the department. § 1344b. No preliminary injunction shall be granted against the tenement house department or its officers except by the supreme court, at a special term thereof, after service of at least five days* notice of the motion for such injunction, together with copies of the papers upon which the motion for such injunction is to be made. Whenever such depart- ment shall seek any provisional remedy or shall prosecute an appeal, it shall not be necessary, before obtaining or prose- cuting the same, to give an undertaking. Power of attorney for the department. § 1344c. The counsel assigned by the corporation counsel to the tenement house department shall sue for and collect all penalties, and take charge of and conduct all legal pro- ceedings imposed or provided by this chapter, or by the tene- ment house act, and all other tenement house laws, regula- tions and ordinances. All suits or proceedings instituted for the enforcement of the several provisions of this chapter, or for the recovery of penalties imposed by the tenement house act, shall be brought in the name of the tenement house de- partment of The City of New York, by such counsel The penalties recovered shall be paid to such counsel. He shall on the first of each month render to the commissioner an itemized statement of all moneys collected by him, and pay over the same to the tenement house commissioner. He shall at the same time render a statement of the necessary disbursements incurred or paid in the prosecution of the actions and proceedings instituted by him. The tenement house commissioner shall pay monthly the amount of such moneys so collected to the comptroller of The City of New York. No personal liability. § I344d. An officer or employe of the tenement house de- partment shall not be liable for acts done by him, in good faith, in the performance of his official duties, pursuant to the direction of the commissioner or the rules and regulations of the department. Any person whose property has been CHARTER OF NEW YORK CITY. 569 unjustly or illegally destroyed or injured pursuant to the order, regulation or ordinance of such tenement house de- partment, or its officers or employes, for which no personal liability exists as aforesaid, may maintain a proper action against the city for the recovery of the proper compensation or damage. Every such suit shall be brought within six months after the cause of action arose, and the recovery shall be limited to the damages sufifered. Right of entry of officers of department. § i344e. The tenement house commissioner and his deputies and all inspectors of the tenement house department, and such other persons as are authorized by the commis- sioner, may without fee or hindrance enter, examine and sur- vey all premises, grounds, erections, structures, apartments, buildings and every part thereof in the city, and all cellars and passages of every sort, and inspect the safety and sanitary condition, and make plans, drawings and descriptions thereof, according to the regulations of the department. The owner or his agent or representative and the lessee or occupant of every tenement house or part thereof, and every person hav- ing the care and management thereof, shall at all times, when required by any of such officers or persons, give them free access to such house and every part thereof. Punishment for false returns and deceptive reports. § I344f. Any inspector, officer or employe of such tene- ment house department who shall knowingly make thereto a false or deceptive report or statement in connection with his duties, or shall accept or receive any bribe or other com- pensation as a condition of or an inducement for not faith- fully discovering or fully reporting or otherwise acting in ac- cordance with his duty in any respect, or shall accept or re- ceive any gratuity from any person whose interests ma}^ be affected by his official action, shall be guilty of a misdemea- nor and punishable by imprisonment for not more than one year and by a fine of not more than five hundred dollars. If such officer, inspector or employe be convicted of such of- fense, he shall forfeit his office, and in addition all compen- sation due or to become due from such department. Falsely personating an officer. § I344g. If any person, not an ofHcer, inspector or em- ploye of such department, or acting under the authority 570 LAWS OF NEW YORK. thereof, falsely represents himself as such, or if any such per- son shall use, wear or display, without authority, any shield or other insignia or emblem such as is worn by such an of- ficer, inspector or employe, he shall be guilty of a misde- meanor. Application of provisions of chapter nineteen. § I344h. The provisions of chapter nineteen of this char- ter, relative to the department of health, which provides: 1. For the repair of buildings, as contained in section eleven hundred and seventy-one of such chapter. 2. For proceedings relative to dangerous and improperly constructed buildings, as contained in section eleven hun- dred and seventy-six thereof. 3. For assistance and co-operation of the police depart- ment, as contained in section twelve hundred and two thereof. 4. Punishment for violations of orders and the service of such orders, as contained in sections twelve hundred and twenty-two and twelve hundred and twenty-four thereof. 5. For legal proceedings and punishment for disobedience of orders and ordinances, as contained in title four thereof. 6. For reimbursements and lien of expenses incurred by such department in the execution of its orders as contained in title five thereof. 7. For suits for the abatement or removal of nuisances, and for proceedings, and the powers and duties of such de- partment in respect to such nuisances, as contained in title six thereof; and the definition of the word nuisance " and other matters in respect thereto, as contained in sections twelve hundred and twenty-nine, twelve hundred and ninety- nine and thirteen hundred thereof, shall apply to the super- vision and regulation of tenement houses by the tenement house department, its officers, agents and employes, unless otherwise specified in, or inconsistent with, the provisions of this chapter. All the provisions of the sections and titles above specified shall be so applicable to such tenement house department, its officers, agents and employes. TITLE 3. Records and Reports; Miscellaneous Provisions, Records in department. § I344i. The tenement house commissioner shall provide a system for keeping the records of tenement houses by card CHARTER OF NEW YORK CITY. 571 catalogue and street number, or otherwise. Such records shall include: 1. A diagram of each tenement house, showing the shape of the building, its width and depth, also the measurements of the unoccupied area, showing shafts, courts, yards and other open spaces. Such diagram shall include a diagram of the second or typical floor of the building, showing the sizes and arrangement of the rooms, and all doors, stairs, windows, halls and partitions. 2. A statement of the date or the approximate date when the building was erected. 3. The deaths occurring in the tenement house during each year and the annual death rate therein. Such statement shall show whether such deaths were of adults or children, and, if occasioned by tuberculosis, typhoid fever, diphtheria, scarlet fever, smallpox, measles, or by any other contagious or in- fectious disease, it shall state the disease causing death. 4. The cases of sickness occurring in the tenement house and the nature of the disease. Such record shall also show whether such cases of sickness were of children or adults. 5. The arrest of persons residing in the tenement house. Reports from different institutions and departments. § 1344]. All dispensaries and hospitals in The City of New York shall make weekly statements to the tenement house department as to the cases of sickness received in such hos- pital or treated in such dispensary from each tenement house. Such statement shall show the location of the tenement house, by street and number, from which the case was re- ceived, and the nature of the sickness treated, whether the patient was an adult or child and the date of the treatment. The police department of The City of New York shall fur- nish to the tenement house department a weekly statement of the number of arrests of persons living in tenement houses, which shall show the location of the tenement house, by street and number, the ofTense with which the person is charged, the age and name of the offender, and such other information as the tenement house department may require. The tenement house commissioner shall prescribe and furnish blank forms for making such statements. Other reports to the department. § 1344k. Such department may requu'e reports and in- formation of such facts relative to the condition of persons 5T2 LAWS OF NEW YORK. residing in tenement houses, as the commissioner may deem to be useful in carrying out the purposes of this chapter and the tenement house laws^ regulations and ordinances, from all dispensaries, hospitals, charitable or benevolent societies, infirmaries, prisons and schools, and from the managers, principals and officers thereof; the managers, principals and officers of such institutions shall promptly give such infor- mation and make such reports, verbal or in writing, as may be required by the commissioner. Transfer of property, etc., from other departments. § 1344I. Upon the organization of the tenement house department hereby created, and upon notice thereof from the tenement house commissioner to the department of health and department of buildings, such books, papers, records, and other matters belonging to, or in the custody of, such depart- ments of health or buildings, and used in such departments in connection with tenement houses, as the tenement house commissioner may require for carrying out the provisions of this chapter and the enforcement of the tenement house laws, regulations and ordinances, shall be transferred by such department of health and department of buildings to the tenement house department hereby created. Co=operation of other departments. § 1344m. It shall be the duty of all city departments at all times, when requested so to do, to co-operate with the tene- ment house department, and to furnish such department with such information, reports and assistance as may be required. Details of men to assist tenement house department. § I344n. The police commissioner, upon the requisition of the tenement house commissioner, shall detail to the service of said tenement house department for the purpose of the enforcement of the acts relating to tenement houses suitable officers and men of experience of at least five years* service in the poHce force, provided that the number of officers and men so detailed shall not at any time exceed one hundred, and, provided further, that the tenement house department shall pay monthly to the pohce department a sum equal to the pay of all officers and men so detailed. These officers and men shall belong to the sanitary company of police, and shall report to the tenement house commissioner. In mak- ing such detail the police commissioner shall give preference CHARTER OF NEW YORK CITY. 573 to those officers and men who have belonged for not less than five years to the sanitary company of the police assigned to the department of health. All other officers and men so detailed shall, whenever the tenement house commissioner so requests, be selected from those who have passed a competi- tive civil service examination for their qualification for this service. The tenement house commissioner may report back to the police department for punishment any member of said company guilty of any breach of order or discipline, or of neglecting his duty, and thereupon the police commissioner shall detail another officer or man in his place, and the dis- cipline of the members of the sanitary company shall be in the jurisdiction of the police department, but at any time the tenement house commissioner may object to any member of said sanitary company on the ground of inefficiency, and thereupon another officer or man shall be detailed in his place. Definitions. § 1344-0. The term " department," when used m this chap- ter, shall mean the tenement house department. The term " commissioner," when used in this chapter, shall mean the tenement house commissioner. The term "tenement house," when used in this chapter, shall be deemed to refer to a tene- ment house which is subject to the provisions of the New York tenement house act, and defined therein. Saving clause. § I344p. Nothing in this chapter shall affect or In any way impair any act done or right accruing, accrued or acquired, or liability, penalty, forfeiture or punishment incurred prior to the time this chapter takes effect, but the same may be as- serted, enforced, prosecuted or inflicted, as fully and to the same extent as if the tenement house department had not been created, and the powers and duties of the department of health, the department of buildings, and the police depart- ment, in respect to tenement houses and the laws, rules and ordinances relating thereto had not been transferred to such tenement house department, as provided in this chapter. All actions and proceedings, civil or criminal, commenced un- der or by virtue of statutes creating and conferring powers and imposing duties on such department of health, department of buildings, and police department, in respect to tenement houses and for the enforcement of laws, rules and ordinances relative thereto, and pending immediately prior to the taking 574 LAWS OF NEW YORK. effect of this chapter, may be prosecuted and defended to final effect by the tenement house department in the same manner as they might by such department of health, depart- ment of buildings or police department, if this chapter had not been passed. All such actions and proceedings shall be prosecuted and defended in the name of the tenement house department. CHAPTER XX. Inferior Local Courts. Title I. The city court of New York. Title 2. The municipal court of The City of New York. Title 3. Inferior courts of criminal jurisdiction. Title 4. The marshals. Title 5. Interpreters. TITLE I. The City Court of New York. The city court of New York continued. § 1345. The city court shall be continued, and said court and the justices thereof shall have the same powers and juris- diction as are now conferred upon them by law; provided, however, that in sections three hundred and thirty-eight, thirty-one hundred and sixty-five, thirty-one hundred and sixty-nine, thirty-one hundred and seventy, and thirty-two hundred and sixty-eight of the code of civil procedure the word " city " shall be construed to mean and apply to the territory within the city of New York as it existed and was constituted prior to the first day of January, eighteen hun- dred and ninety-eight. Id.; justices of the court. § 1346. The justices of said city court in office when this act shall take effect shall continue to hold office until the expiration of their respective terms; but the successors of said justices shall be elected for and hold office for the period of ten years. CHARTER OF NEW YORK CITY. 575 TITLE 2. The Municipal Court of The City of New York. Courts, etc., abolished. § 1350. From and after midnight of- the thirty-first day o\ January, eighteen hundred and ninety-eight, the justices' courts and the office of justice of the peace in the cities of Brooklyn and Long Island City are abolished, and all juris- diction, power, authority and duty theretofore vested in said courts and justices of the peace, and in the clerks, officers, interpreters, stenographers and employes of said courts and justices shall cease and determine, except as provided in the next section and section thirteen hundred and seventy-two of this act ; and from and after the passage of this act no per- son shall be elected to the office of district court justice or justice of the peace in any portion of the territory included within The City of New York as constituted by this act. Municipal court created. § 1 35 1. On and after the first day of January, eighteen hundred and ninety-eight, the district courts of the city of New York and the justices' courts of the first, second and third districts of the city of Brooklyn are hereby continued, consolidated and reorganized under the name of " The Mu- nicipal Court of The City of New York," which said court shall be a local civil court within The City of New York as constituted by this act, and shall not be a court of record or have any equity jurisdiction ; but shall have the jurisdiction, powers, duties and organization hereinafter prescribed. Justices. § 1352. The said court shall be held by justices to be elected or appointed, as follows: I. The justices of said district courts of The City of New York and said justices of the peace in the first, second and third districts of the city of Brooklyn, in office on the first day of January, eighteen hundred and ninety-eight, shall continue for the remainder of the terms for which they were elected or appointed, and shall be called justices of the mu- nicipal court of The City of New York, and shall have all the powers and jurisdiction and be subject to all the duties and requirements hereinafter prescribed for justices of said municipal courts. 576 LAWS OF NEW YORK. 2. The successors of the justices mentioned in the first subdivision of this section shall be elected by the electors of the districts for which said justices were elected or appointed respectively, as described and renumbered in sections thir- teen hundred and fifty-nine, thirteen hundred and sixty and thirteen hundred and" sixty-one of this act, at the general election to be held in the year at the end of which the terms of said justices shall expire. 3. There shall be elected at the general election to be held on the first Tuesday succeeding the first Monday of Novem- ber, in the year eighteen hundred and ninety-seven, as many justices of said municipal court as there shall be justices of the said district courts in the city of New York or justices of the peace of the said first, second and third districts, in the city of Brooklyn, whose terms expire at the end of year eighteen hundred and ninety-seven. Such justices shall be elected by the electors of the districts for which such justices whose terms expire in eighteen hundred and ninety-seven were elected or appointed, as described and renumbered in sections thirteen hundred and fifty-nine, thirteen hundred and sixty and thirteen hundred and sixty-one of this act. 4. On or before the twentieth day of January, eighteen hundred and ninety-eight, the mayor of The City of New York shall appoint seven additional justices of said munici- pal court, two of whom shall be residents of the fourth and fifth districts of the borough of Brooklyn, three of whom shall be residents of the first, second and third districts of the borough of Queens, and two of whom shall be residents of the first and second districts of the borough of Richmond, respectively. The justices so appointed shall hold ofiice till the thirty-first day of December, eighteen hundred and ninety-nine, and their successors shall be elected at the gen- eral election to be held in the year eighteen hundred and ninety-nine, and shall be residents of the same districts as the justices appointed pursuant to this subdivision. Qualifications, etc., of justices. § 1353- No one shall hereafter be eligible to the ofiice of justice of the said municipal court, after the first day of March, eighteen hundred and ninety-nine, unless he be a resident and elector in the district for which he shall be elected or appointed and has been an attorney and counsellor-at-law of the state of New York for at least five years or unless he shall have served as a justice of such municipal court. None of said justices CHARTER OP NEW YORK CITY. 577 shall engage in any other business profession or hold any other public office or act as referee, or receiver, but each of said justices shall devote his whole time and capacity, so far as the public interest demands, to the duties of his office ; pro- vided, however, that this restriction shall not apply to the justices of said court mentioned in subdivision one of section thirteen hundred and fifty -two of this act. Oath. § 1354. The justices elected or appointed pursuant to this act shall, before entering upon their duties, take the oath of office prescribed by the constitution, and file the same with the city clerk. Salary. § 1355. The salary of each of said justices, except those appointed or elected from the boroughs of Queens and Rich mond, shall be six thousand dollars a year, to be paid in equai monthly instalments by the proper officers of said city, and the salary of each of said justices appointed or elected for the boroughs of Queens and Richmond shall be five thousand dol- lars a year, to be paid in the same manner. Terms. § 1356. The terms of said justices to be elected pursuant to this title shall be ten years. Vacancies. § 1357- Vacancies occurring in the office of justice of said court shall be filled at the next ensuing general election for the unexpired term commencing on the first day of January next after said election ; and the mayor of the city shall appoint some proper person to fill such vacancy in the interim within twenty days after the same occurs. Districts. § 1358. The several boroughs composing The City of New York are hereby divided into districts, in each of which ses- sions of said municipal court shall be held, as specified in the next 6ve sections. Borough of The Bronx. § 1359- In the borough of The Bronx there shall be two districts, as follows: 578 LAWS OF NEW YORK. 1. The first district embracing the territory described in chapter nine hundred and thirty-four of the laws of eighteen ' hundred and ninety-five. 2. The second district embracing the remainder of said bor- ough. Borough of Manhattan. § 1360. In the borough of Manhattan there shall be eleven districts, as follows : 1. The first district embraces the third, fifth and eighth wards of said borough of Manhattan, and all that part of the first ward lying west of Broadway and Whitehall street, including Nuttin or Governor's island, Bedloe's island, Buck- ing or Ellis island and the Oyster islands. 2. The second embraces the second, fourth, sixth and four- teenth wards, and all that portion of the first ward lying south and east of Broadway and Whitehall street. 3. The third district embraces the ninth and fifteenth wards. 4. The fourth district embraces the tenth and seventeenth wards. 5. The fifth district embraces the seventh, eleventh and thirteenth wards. 6. The sixth district embraces the eighteenth and twenty- first wards. 7. The seventh district embraces the nineteenth ward. 8. The eighth district embraces the sixteenth and twentieth wards. 9. The ninth district embraces the twelfth ward, e^ccept that portion thereof which lies west of the center line of Lenox or Sixth avenue and of the Harlem river north of the terminus of Lenox avenue. - 10. The tenth district embraces the twenty-second ward and all that portion of the twelfth ward which is bounded on the north by the center line of One Hundred and Tenth street, on the south by the center line of Eighty-sixth street, on the east by the center line of Sixth avenue and on the west by the North river. II. The eleventh district embraces that portion of the twelfth ward which lies north of the center line of West One Hundred and Tenth street and west of the center line of Lenox or Sixth avenue and of the Harlem river north of the terminus of Lenox or Sixth avenue. CHARTER OF NEW YORK €ITY. 579 Borough of Brooklyn. § 1 361. In the borough of Brooklyn there shall be five dis- tricts, as follows : 1. The first district embraces the first, second, third, fourth, fifth, sixth, tenth and twelfth wards, 2. The second district embraces the seventh, ninth, eleventh, twentieth, twenty-first, and twenty-third wards. 3. The third district embraces the thirteenth, fourteenth, fifteenth, sixteenth, seventeenth, eighteenth and nineteenth wards. 4. The fourth district embraces the twenty-fourth, twenty- fifth, twenty-sixth, twenty-seventh and twenty-eighth wards. 5. The fifth district embraces the eighth, twenty- second, twenty-ninth, thirtieth, thirty-first and thirty-second wards. Borough of Queens. § 1362. In the borough of Queens there shall be three dis- tricts, as follows: 1. The first district embraces ward one of said borough. 2. The second district embraces wards two and three of said borough. 3. The third district embraces wards four and five of said borough. Borough of Richmond. § 1363. In the borough of Richmond there shall be two districts, as follows: 1. The first district embraces wards one and three of said borough. 2. The second district embraces wards two, four and five of said borough. Jurisdiction. § 1364. Except as provided In the next section the said municipal court has jurisdiction in the following civil actions and proceedings, including an action against The City of New York or a domestic corporation or a foreign corporation hav- ing an office in The City of New York : 1. An action to recover damages upon or for breach of con- tract, express or implied, other than a promise to marry, where the sum claimed does not exceed five hundred dollars. 2. An action to recover damages for a personal injury or an injury to property, excepting, however, actions to recover 580 LAWS OF NEW YORK. damages for an assault, battery, malicious prosecution, false imprisonment, libel, slander, criminal conversation, seduction, or loss of society of a husband or wife, where the sum claimed does not exceed five hundred dollars. 3. An action for a fine or penalty not exceeding five hun- dred dollars, including an action to recover a penalty given by the charter of The City of New York or any by-law or ordinance thereof or by any statute of the state. 4. An action upon a bond conditioned for the payment of money where the sum claimed to be due does not exceed five hundred dollars, the judgment to be rendered for the sum actually due. Where the sum secured by the bond is to be paid in installments an action may be brought for each installment as it becomes due. 5. An action upon a surety bond or undertaking taken in said court or in any district court of The City of New York or by any justice of the peace. 6. An action upon a judgment rendered in said court or in a district court of The City of New York or in a justices' court, or in the municipal court of the city of Rochester, or in the municipal court of the city of Syracuse, or in the municipal court of the city of Buffalo. 7. An action to recover one or more chattels with or with- out damages for the taking, withholding or detention thereof where the value of the chattel or of the chattels as stated in the affidavit made on the part of the plaintiff does not exceed five hundred dollars, subject to the qualifications specified in sections sixteen hundred and eighty-nine, sixteen hundred and ninety, sixteen hundred and ninety-one, and sixteen hundred and ninety-two of the code of civil procedure. 8. An action in behalf of the people of the state brought by the direction of a commissioner of public charities or of an overseer of the poor upon a bastardy or abandonment bond in a case where it is prescribed by law that such an action can be maintained in said municipal court of The City of New York or in any court not being a court of record. 9. An action to recover damages for an escape from the jail liberties as provided by chapter two, title two, articles four and five of the code of civil procedure, where the sum claimed does not exceed one hundred dollars. 10. An action upon the bond of a marshal of The City of New York in a case where it is prescribed by a special statutory provision that such an action can be maintained in a district court or in said municipal court. OHAKTER OF NEW YORK CITY. 581 11. An action for damages for fraud or deceit in the sale, purchase or exchange of personal property where the damages claimed do not exceed five hundred dollars. 12. A summary proceeding under title two of chapter seven- teen of the code of civil procedure to recover possession of real property which, or a portion of which, is situated within the district wherein the application for such recovery is made. 13. To render judgment upon the confession of the defend- ant or defendants as prescribed in title six of chapter nineteen of the code of civil procedure where the sum confessed does not exceed five hundred dollars. 14. Other civil actions or proceedings of which district courts in The City of New York, or justices of the peace shall have jurisdiction on the thirty-first day of December, eighteen hundred and ninety-seven, except such as shall be expressly excluded by this act Id.; continued. § 1365. The said municipal court can not take cognizance of any civil actions in either of the following cases : 1. Where the title to real property comes in question as pre- scribed in title third of chapter nineteen of the code of civil procedure, and sections twenty-nine hundred and fifty-one to twenty-nine hundred and fifty-eight of said code, both inclu- sive, apply to an action brought in said court ; and in an action brought in said court the surety upon the defendant's under- taking is liable in the case specified in section twenty-nine hun- dred and fifty-two of said code to any amount for which judg- ment might have been rendered by said court if the answer and undertaking had not been delivered. The provisions of section thirteen hundred and forty-nine of chapter four hun- dred and ten of the laws of eighteen hundred and eighty-two shall govern in such cases. 2. Where the action is brought against an executor or administrator as such and the amount claimed is in excess of fifty dollars. 3. Where, in a matter of account, the sum total of the accounts of both parties, proved to the satisfaction of the court, exceeds one thousand dollars. Removal. § 1366. In an action specified in the last section but one, excepting subdivisions eight and ten. where the damages 582 LAWS OF NEW YORK. claimed or the value of the chattel or all the chattels claimed, as stated in the complaint, exceeds two hundred and fifty dol- lars, the defendant may, after issue is joined and before an adjournment has been granted upon his application, apply to the justice holding court in the district in which the action is brought for an order removing the action, and if it be in the second district of the borough of The Bronx or in any district of the borough of Manhattan, to the city court of The City of New York, if in any other district into the county court of the county wherein the district is situated, if the said county court has jurisdiction of such action, otherwise into the supreme court in such county. Such an order must be granted upon the defendant's filing with the clerk an un- dertaking in a sum fixed by the justice, not exceeding twice the amount of the damages claimed or twice the value of the chattel or of all the chattels claimed, as stated in the com- plaint, with one or more sureties, to the effect that the de- fendant will pay to the plaintiff the amount of any judgment that may be recovered against him in the court to which such action shall be removed. From the time of granting the order, the city court or county court or supreme court, as the case may be, has cognizance of the action, and the clerk of the district must forthwith deliver to the clerk of such court to which the action shall be removed all process, plead- ings and other papers in the action, and certified copies of all minutes, entries and orders relating thereto, which must be filed, entered or recorded, as the case requires in the latter's office. Appeals. § 1367. I. An appeal from a judgment rendered in the mu- nicipal court of The City of New York may be taken to the supreme court in the cases and in the manner prescribed in articles first and second of title eight of chapter nineteen of the code of civil procedure. Such appeal shall be heard in such manner and by such justice or justices as the appellate division of the supreme court in the judicial department em- bracing the district wherein the action is brought shall direct, except that the appellate division of the second judicial de- partment may direct that such appeal be heard directly be- fore that court. The appellate court may reverse, affirm or modify the judgment appealed from, and where a judg- ment is reversed, may order a new trial in the municipal court in the district in which the action was brought. Where OHAKTEK OF NEW YOKK CITY. 583 a judgment is modified or a new trial is ordered, costs shall be in the discretion of the appellate court. 2. In all cases of appeal from the decision of the said mu- nicipal court, where a transcript of the stenographer's min- utes of testimony on the trial becomes a necessary part of the justice's return, the stenographer's fees for making such transcript shall be at the rate of five cents for every hundred words, and be paid in the first instance by the appellant, and afterwards taxable by him as a disbursement on the appeal. Process. § 1368. The municipal court in any district shall have power to send its process and other mandates in an action or special proceeding of which it has jurisdiction into any district or part of The City of New York for service or exe- cution, and to enforce obedience thereto, and such process and mandates may be served in any district or part of The City of New York, as constituted by this act. Procedure, etc. § 1369. In so far as the same are consistent with this act, all provisions of law relating to the procedure and organiza- tion, the summons, precept, attachment, arrest, subpoena or other process, service and execution of the same, time, ap- pearances, parties, attorneys, practice, proceedings, plead- ings, amendments, adjournment, defaults, judgments, tran- scripts, docketing, executions, offers, fees, costs, disburse- ments, joint debtors, depositions, taking testimony by com- mission and de bene esse, guardians ad litem, trials, jurors and drawing of jurors, and all matters incidental to the same, the powers and duties of the justices and clerks and other employes in district courts in The City of New York which shall be in force on the thirty-first day of December, eighteen hundred and ninety-seven, shall apply to and control and govern the same in said municipal court and the branches thereof in each district, except that a marshal of The City of New York can not appear or act on behalf of either or any party in an action or proceeding in said municipal court. Sections eight to fourteen, inclusive, of the code of civil pro- cedure, excepting subdivision seven of said section fourteen, are hereby made applicable to and shall govern said munici- pal court. But in all cases where in any statute relating to said district courts the power and authority of said courts is limited to the city and county of New York, or to persons 584 LAWS OF NEW YORK. residing in or who are about to leave the city and county of New York, the power and authority of said municipal court is extended to The City of New York, as constituted by this act, and to all persons residing in or who are about to leave said city of New York, as so constituted, except as in this chapter otherwise expressly provided. In an action speci- fied in section thirteen hundred and sixty-four of this act (except subdivisions eight and ten), where the damages or the value of the chattels as claimed in the complaint, exceed one hundred dollars, if, at the time of joining an issue of fact the defendant demanded a trial by a jury of twelve men, the justice shall order such a jury to be summoned to try the same, and the proceedings and fees shall be the same as are prescribed in section thirteen hundred and seventy-three of chapter four hundred and ten of the laws of eighteen hun- dred and eighty-two. Actions, in what district brought. § 1370. An action or proceeding of which this court has jurisdiction must be brought: 1. In a district in which either the plaintiff or defendant or one of the plaintiffs or one of the defendants resides, unless all the plaintiffs or all the defendants reside out of The City of New York, in which case the action or proceeding may be brought in said court in any district. 2. If the defendant be a corporation created by law, in a district in which the plaintiff or either of the plaintiffs resides, or in which (if it be a corporation) it transacts its general business or keeps an office or has an agency established for the transaction of business or is established by law, except the corporation of The City of New York, which may sue in any district, except as in the next section provided. 3. By plaintiff's not residing in The City of New York, in the district in which the defendant, or one of the defendants resides, and against a defendant or defendants not residing in said city, in the district in which the plaintiff or one of the plaintiffs resides; but where all the parties reside out of said city the action may be brought in any district. No person who shall have a place in said city for the regular transaction of business shall be deemed a non-resident under the provi- sions of this title. 4. If the district in which the action or proceeding is brought is not the proper district, the action may, notwith- standing, be tried therein, unless the action is transferred to CHARTER OF NEW YORK CITY. 585 the proper district before trial upon demand of the defendant made upon or before the joinder of issue in writing or in open court, followed by the consent of the plaintiff, given in like manner, or the order of the court. The demand must specify the district to which the defendant requires the action to be transferred. The court must make such order when the dis- trict in which the action or proceeding is brought is not the proper district, as specified in this section or the next one if such demand be made. 5. All actions by or on behalf of The City of New York to recover a penalty or fine for a violation of any corporation ordinance, when the amount of such penalty or fine shall not exceed five hundred dollars, must be brought in the district in which the violation of such ordinance happened or occurred, and the justice holding court in the same judicial district may direct any of the city marshals to collect the payment and make returns m the same manner as now provided by law. And all actions to recover a penalty or fine for a violation of any pro- vision of the sanitary code or of any regulation of the fire commissioner or of any laws or ordinances which either the health or the fire department is authorized, empowered and especially charged to enforce, where the amount of such penalty or fine shall not exceed five hundred dollars, must be brought in the district in which such violation happened or occurred. Where held. § 1 37 1. The said municipal court shall be held in each of the aforesaid districts by a justice of said court as hereinafter specified, at the places provided by the commissioners of the sinking fund, and in accordance with law, at such hours in every judicial day or so often as the board of justices of the municipal court shall direct, and must continue in session so long as the public interest requires; and it shall be the duty of the commissioners of the sinking fund to provide a suitable place for the holding of said court in each of said districts, provided that more than one place for holding such court may be provided at any time after this act takes effect in any district, if the said board of justices shall certify that the public convenience requires such additional number of places. Seals. § 1372. The said court in each district shall have official seals furnished at the expense of the city, on which shall be 586 LAWS OF NEW YORK. engraved the arms of the state of New York and the words Municipal Court of New York, Borough of Manhattan/' (or whatever the borough may be), "First District" (or whatever the district may be), but nothing herein contained shall authorize such court to issue certificates of naturalization. Clerks and assistant clerks. § 1373. There shall be in and for each district a clerk of said court and in each district in the boroughs of Manhattan, Brooklyn, The Bronx, and in the first district of Queens, an assistant clerk, who shall be appointed by the justice elected in said district, as hereinbe- fore provided, and shall hold office for the term of six years from the date of appointment; and before entering upon his duties each such clerk or assistant clerk shall file in the office of the comptroller of The City of New York a bond in the penal sum of five thousand dollars, conditioned for the faithful discharge of his duty and the due accounting for and payment of all money by him received or with him deposited in any action as such clerk or assistant clerk, to be approved by the said comptroller to be endorsed thereon. Each such clerk and assistant clerk shall receive a salary of three thousand dollars per annum, except in the boroughs of Queens and Richmond, wherein the salary of the clerks and assistant shall be two thousand dollars per annum each. Such salaries shall be paid in equal, monthly installments; and neither said clerks nor assistant clerks nor other employes of said court shall receive any fee or compensation whatever for their own use for any services performed by them by virtue of their offices other than their salaries; and the duties of such clerks and assistant clerks shall be the same as those now imposed by law upon the clerks and assistant clerks of the district courts in The City of New York. No such clerk, assistant clerk or other employe of such courts shall hold any other office or be interested in any other business, except as permitted by the next section, but shall give their whole time to their respective duties and shall reside in the borough in which the district for which they are appointed respectively is situated. For any breach of said bond the appellate division of the supreme court or any justice of the supreme court in the judicial department wherein the district for which such clerk or assistant clerk is appointed is situated, may order the same to be prosecuted in the name of any person damaged by such breach. The clerks, assistant clerks, stenographers, interpreters and attendants of CHARTER OF NEW YORK CITY. 687 the district courts in The City of New York and of the justices' courts of first, second and third districts of the city of Brook- lyn, who shall be in office on the first day of January, eighteen hundred and ninety-eight, shall continue until the expiration of their respective terms, in the like capacities as officers of the said municipal court. Each justice upon appointing a clerk or assistant clerk shall make duplicate certificates of such appointments, stating the term of the appointment and when it will expire, and one of such duplicates shall be filed by him in the office of the city clerk, and the other with the secretary of the board of justices provided for in the next section. The said justices shall in like manner also appoint the officers neces- sary to attend the court in each district, not exceeding three, at an annual salary of one thousand dollars, and a stenographer in and for each district at an annual salary of two thousand dollars, and in and for each district in the boroughs of Man- hattan and Brooklyn an interpreter at an annual salary of twelve hundred dollars. Each of said attendants, stenog- raphers and interpreters shall be appointed for two years or to fill the residue of an unexpired term. The said justices may remove any of said attendants, stenographers or inter- preters, provided that before removal such officers shall have notice of the cause of their proposed removal and an oppor- tunity to make an explanation; and the reasons for any removal shall be briefly entered on such minutes. Board of justices. § 1374. The justices of said court shall constitute the board of justices of the municipal court and dis- charge the functions thereof. They may elect a president from their own number and at pleasure remove him and elect a successor. All meetings of said board shall be public and all proceedings shall be recorded in its books of minutes by its secretary and shall be preserved. Such board may desig- nate a clerk of said court for one of said districts to act as secretary of said board, and from time to time substitute another and fix a compensation to be paid for such service, not exceeding the sum of five hundred dollars per annum. Such board shall establish public rules relative to its meetings, which as far as possible shall be held at regular times, to the keeping and preservation of its minutes and the appointment of clerks, assistant clerks and other appointees, and to the public inspection of its minutes under the care of the secretary at reasonable times. 585 LAWS OF NEW YORK. Board to make rules. § 1375- Said board of justices shall adopt, and from time to time may amend or add to rules relating to the following sub- jects : 1. As to the justices who shall hold sessions of said munici- pal court in each of said districts at times and places to be specified in said rules and to provide for a rotation of the justices holding the same, provided that the justices elected or appointed for any borough shall hold court in said borough ; but if a vacancy exists, or the illness or other inability of any justice assigned to hold court prevents his attendance, any other justice of said court may hold the same. And if, at any time before or after the commencement of the trial, it shall appear to the satisfaction of the justice that he is a necessary witness on the trial of the cause, or otherwise disqualified to try the same, he shall by an order entered in the cause order the same and the papers in the same to be transferred to an adjoining district, or adjourned to such time as his successor in holding court in said district according to such rules for rotation, may be holding said court as justice may require. Such rules respecting rotation and the designation of justices, shall be published in the City Record in the month of Decem- ber in each year. 2. As to the hours at which said courts shall be opened on each day and what officers shall be in attendance. 3. As to the order of business and manner of its discharge. 4. As to the manner in which the clerks, assistant clerks, attendants and employes shall perform their duties, the manner of keeping records and papers, the collection and disposition of moneys and keeping accounts of the same. 5. As to the maintenance of order in and about the courts and offices thereof. Concurrence of majority, § 1376. The concurrence of a majority of all the members of said board shall be necessary to adopt any resolution thereof. Rules of supreme court applicable. § 1377. The rules and regulations of the supreme court, as they may be from time to time, shall apply to the municipal court so far as the same can be made applicable. CHARTER OF NEW YORK CITY. Clerks to administer oaths. § 1378. The clerks and assistant clerks of the said munici- pal court are authorized to administer oaths in The City of New York in the same manner and with the like effect as clerks of courts of record. Justices to administer oaths, etc. § 1379. The justices of said municipal court may in The City of New York, by virtue of their office, administer oaths, take depositions and acknowledgments and certify the same in the manner and with like effect as justices of courts of record. Sections nine hundred and fourteen to nine hundred and seventeen, inclusive, and section thirty-three hundred and nineteen of the code of civil procedure apply to the justices of said court. Access to court=houses. § 1380. The justices of said court shall have on and after the first day of February, eighteen hundred and ninety-eight, the like access and possession of the court-houses that there- tofore were enjoyed by the justices of the district courts and justices of the peace in the territory included within The City of New York as constituted by this act; and it shall be the duty of the board of aldermen of The City of New York and its several officers charged with duties in that behalf to supply and pay for whatever may be neces- sary for the transaction of the business of said municipal court and the justices thereof, and to supply all proper accom- modations, books, stationery and furniture, and to pay all salaries, compensations and expenses and disbursements herein authorized, and the board of estimate and apportionment shall annually include in its final estimate such sums as may be necessary to pay the same. Removal. § 1383. The justices of said court and the clerks and assist- ant clerks thereof may be removed for cause after due notice and an opportunity of being heard by the appellate division of the supreme court in the judicial district wherein the district for which said justices were elected or appointed, or wherein the district for which such clerks or assistant clerks were appointed, is situated. 590 LAWS OF NEW YORK. § 1384. In any and all actions brought in the name of The City of New York, or of any department, board, or officer thereof, by the corporation counsel of The City of New York, as attorney for said city, or said de- partment, board or officer thereof, to recover a penalty or penalties for the violation of any law or ordinance, the summons may be issued out of said court by the corporation counsel in his own name without the same being subscribed by the clerk of the court where such action or actions are brought, and in such actions the corporation counsel shall not be required to pay to the clerk of the court the fees in the action, but shall account therefor to the city treasury and shall collect the same, from the defendant, when judgment is recovered; and no fees or costs shall be de- manded of the said The City of New York or any depart- ment board or officer thereof in any such suit or proceeding. TITLE 3. Inferior Courts of Criminal Jurisdiction, Division of city for such purpose. § 1390. For the purposes of administration of criminal justice The City of New York, as hereby constituted, is divided into two divisions, as follows: The first division embraces the boroughs of The Bronx and of Manhattan; the second division embraces the boroughs of Brooklyn, Queens and Richmond. Board of magistrates. § 1 39 1. In each of said divisions, there shall be a board of city magistrates composed of the city magistrates therein in office on the first day of January, nineteen hundred and two, and such as thereafter may be appointed or elected pur- suant to law. The board for the first division shall consist of twelve magistrates, each of whom shall be a resident and elector within said first division. The board of the second division shall consist of fifteen magistrates, ten of whom shall be residents and electors of the borough of Brooklyn, three of the borough of Queens and two of the borough of Rich- mond, which said board shall be created as hereinafter pro- vided. § 1392. The city magistrates of the first division in office on the first day of January, nineteen hundred and two, shall hold office until the expiration of their respective terms CHARTER OF NEW YORK CITY. 691 Their successors shall be appointed by the mayor and shall hold office for the term of ten years to commence on the first day of January next succeeding their appointment. Upon the happening of any vacancy in said office in the first division, whether by expiration of a term or for any other cause, the mayor shall appoint some proper person to fill such vacancy within thirty days after the same occurs; and in case such vacancy occurs otherwise than by expiration of a term, the person appointed to fill the same shall be appointed for the unexpired residue of the term. Upon making an appoint- ment of a city magistrate in the first division, the mayor shall make three written certificates thereof, each of which shall state the title of the office, the borough and division from which and the term for which the appointment is made. One of such certificates, he shall deliver to the person ap- pointed and of the others, he shall cause one to be filed in the office of the city clerk, and one to be filed in the office of the clerk of the county in which is situated the borough from which such person is appointed. The city mag- istrates in office in the second division on the first day of January, nineteen hundred and one, who were police justices in the former city of Brooklyn in office on the thirty-first day of January, eighteen hundred and ninety- eight, shall hold office until their successors are elected at the general election to be held in the year nineteen hundred and one, but all city magistrates in the borough of Brooklyn appointed after January thirty-first, eighteen hundred and ninety-nine, who were in office on January first, nineteen hun- dred and one, shall hold office until their successors are elected at the general election to be held in the year nineteen hundred and seven. The terms of the present city magistrates of the second division of the city of New York, who were formerly police jus- tices in the former city of Brooklyn, shall expire on the thirty-first day of December, nineteen hundred and one, and their successors who shall be elected at the general election to be held in the year nineteen hundred and one shall take office on the first day of January in the year nineteen hundred and two. The successors of such magistrates shall at all times thereafter be elected at the general election to be held in the year at the end of which the term of said city magis- trates shall expire, and shall be residents and electors of the borough from which said magistrates whom they shall be elected to succeed were appointed or elected, and shall hold 592 LAWS OP NEW YORK. office for six years. Upon the happening of any vacancy in said office of city magistrate in the second division, whether by expiration of a term or for any other cause the same shall be filled at the next ensuing general election at which a city magistrate can be elected, for the unexpired term commenc- ing on the first day of January after such election, and the mayor shall appoint some proper person to fill such vacancy in the interim. At the general election to l)e held in the borough of Brooklyn in the year nineteen hundred and one, there shall be elected in each congressional district, as then constituted in said borough, one city magistrate, and in the territory con- stituting the borough of Brooklyn there shall be elected two city magistrates at large, and the terms of office of all said city magistrates so elected shall commence on the first day of January nineteen hundred and two and continue for six years thereafter. The successors of said city magistrates in the borough of Brooklyn shall be elected for the like term and in the like manner at the general election next preceding the expiration of the terms of their predecessors, except that the successors of the city magistrates heretofore appointed from the borough of Brooklyn and in office in the year nineteen hundred shall be elected at the election next preceding the expiration of their terms as hereinbefore designated, and they shall be elected at large in said borough of Brooklyn for the term of six years commencing on the first day of January succeeding their election, and their successors shall be elected for a like term and in a like manner. The succes- sors to the present city magistrates for the boroughs of Queens and Richmond shall be elected at the general elec- tion to be held in said boroughs next preceding the expiration of their respective terms. At the general election to be held in the boroughs of Queens and Richmond in the year nine- teen hundred and five there shall be elected in the territory constituting the borough of Queens, one city magistrate at large, and in the territory constituting the borough of Rich- mond one city magistrate at large, and at the general election to be held in the boroughs of Queens and Richmond in the year nineteen hundred and seven, there shall be elected in the territory constituting the borough of Queens, two city magistrates at large and in the territory constituting the borough of Richmond one city magistrate at large. The terms of office of said city magistrates so elected for the bor- oughs of Queens and Richmond shall commence on the first CHARTER OF NEW YORK CITY. 593 day of January next succeeding their election and the terms of all said city magistrates so elected shall continue for six years thereafter. The successors of the said city magistrates in the boroughs of Queens and Richmond shall be elected for the Hke term and in the like manner at the general elec- tion next preceding the expiration of the terms of their suc- cessors. Upon the happening of any vacancy, the same shall be filled by election at the next general election occurring at least thirty days after such vacancy, at which an election for a city magistrate can be held. If such election is for an un- expired term, it shall be for the residue of said term, and until the first day of January next after such election, said office shall be filled by appointment by the mayor of The City of New York, within thirty days after such vacancy shall occur. The city magistrates elected or appointed pursuant to this act, shall, before entering upon their duties, take the oath of office prescribed by the constitution and file the same with the city clerk. Organization and powers of the boards. § 1393. Each board of city magistrates may elect a president from their own number, and at pleasure remove him and elect a successor. All the meetings of such board shall be public, and its proceedings shall be recorded in its books of minutes by its secretary, and shall be preserved. Each board may designate a police clerk to act as its secretary, and from time to time substitute any other; and the salary of such police clerk as such secretary shall not exceed five hundred dollars per annum. Each board shall establish public rules relative to its meetings, which, as far as possible, shall be held at regular times — for the order and transaction of its business thereat; for the keeping and preservation of the minutes of its aoings; for the appointment of employes; and for the public inspect tion of its minutes, under the care of the secretary, at reason- able times. The concurrence of a majority of all the mem- bers of a board of city magistrates shall be necessary to adopt any resolution of said board. Police clerks. § 1394. The board of city magistrates of the first division shall have the authority and duty of appomting seven police clerks; each board shall regulate the time, piace and manner of the discharge of the duty of the police clerks; but the police clerks in the first department in office on the first day of Janu- 594 LAWS OF NEW YORK. ary, nineteen hundred and two, shall continue to hold office until the expiration of their several terms. Each police clerk in the first department shall be appointed for the term of four years, and, on making the appointment, the board shall cause three certificates to be signed by its president and secre- tary, each of which shall state the term of the office, the bor- ough and division from which and the term for which the appointment is made, and when it will expire, and the secre- tary shall deliver one of said certificates to the person so appointed, and shall cause the other certificates to be filed, one in the office of the city clerk, and one in the office of the clerk of the county in which is situated the borough from which such person was appointed. Upon the question of the appointment of a police clerk or other appointee, in the first department the members of the board shall vote as their names are called by the secretary, and the vote of each mem- ber shall be recorded in the minutes. No clerk or other officer or employe appointed by a board of city magistrates, or by any magistrate, shall hold any other office or be in- terested in any other business, but they shall give their whole time to their respective duties, and shall be residents of The City of New York, and of the divisions within which they were appointed, and, in the second division, they shall each be residents of the borough from w^hich they are appointed. The police clerks and police clerks' assistants in office in said second division of The City of New York at the time this act takes effect shall continue in their respective offices until midnight of December thirty-first, nineteen hundred and one, after which date their respective duties shall cease and deter- mine, and their different positions be deemed abolished. Bond of police clerks. § 1395. Before any police clerk in the first division shall enter upon the discharge of his duty, he shall file in the office of the comptroller of the city a bond in the penal sum of five thousand dollars, with two sureties, conditioned for the faith- ful discharge of his duty as a police clerk and the due account- ing for and the payment of all money received by him as such clerk, such bond to be approved by said comptroller, whose approval shall be evidenced by his certificate endorsed there- on. OHAETER OF NEW YORK CITY. 505 Other appointees. § 1396. The said boards of city magistrates in the first divi- sion may appoint police clerks' assistants, stenographers, in- terpreters and other necessary attendants. Such appointees, including those in office when this act takes effect, shall hold their respective positions so long as they are faithful, capable and of good conduct, and before removal, for want of either or all of said qualifications, the individual against, whom charges are made shall have notice thereof, and an opportunity to make an explanation in the presence of the board, and the reasons for any removal shall be briefly entered in the minutes. The poHce clerks' assistants, and other assist- ants in any city magistrate's court, shall obey the reasonable directions of the police clerk assigned to that court, subject, however, to the proper orders of the city magistrate presiding and of the board of city magistrates. The number of police clerks' assistants in the first division shall not exceed fourteen. Police clerks' assistants in the boroughs of Manhattan and The Bronx shall receive a salary not exceeding two thousand dollars per annum. The salary of the stenographers shall not exceed, in the boroughs of Manhattan and Brooklyn, two thousand dollars per annum; in the other boroughs, eighteen hundred dollars per annum. There shall be no police clerks' assistants in the boroughs of Queens and Richmond, except as provided in the next section. § 1396a. Each city magistrate hereafter elected in a con- gressional district or appointed for a full term in said second division of The City of New York shall have the authority to appoint one police clerk, and two assistant clerks and a stenographer, said clerks to perform such duties as the board of city magistrates in said second division shall regulate and determine. Each police clerk shall be appointed for the term of four years, and on making such appointments the city magistrate so appointing shall sign three certificates, each of which shall state the term of office, borough and division from which, and term for which, the appointment is made, and when it will expire. The magistrate shall deliver one of said certificates to the person so appointed, and shall cause the other certificates to be filed, one in the office of the city clerk, and one in the clerk's office of the county in which is situated the borough from which such person is appointed. The salary of each police clerk, in the first division and in the borough of Brooklyn, shall be twenty-five hundred dollars per annum, payable monthly, and the salary of each assistant 596 LAWS OF NEW YORK. clerk in the borough of Brooklyn shall not exceed two thou- sand dollars per annum, and in the boroughs of Queens and Richmond said clerks' salaries shall be two thousand dollars per year, payable monthly; and no such clerk, deputy' clerk or employe appointed by said city magistrates shall hold any other office or be interested in any other business, but shall give their whole time to their respective duties, and shall be residents of the borough in which the appointing magistrate is elected. Authority to adopt rules. § 1397. Each board of city magistrates shall adopt, and may from time to time amend or add to, rules relating to the following subjects, and which shall be binding on said city magistrates^ and shall regulate the business of such city magistrates, courts and boards: 1. As to the magistrates who shall hold city magistrates' courts at times and places to be specified, and for a rotation of the magistrates holding such courts. 2. As to the hours at which said courts shall be opened on each day, including Sundays and legal holidays, and what officers shall be in attendance. 3. As to the order of business and the manner of its dis- charge, including the taking of bail and entering into recog- nizances. 4. As to the manner in which the police clerks and their assistants shall keep complete records of the doings of said courts and magistrates, and perform their other duties. 5. As to the collection and disposition of any moneys by any police clerk, and as to keeping accounts of the same. 6. The board of city magistrates in the first division shall further adopt, and may from time to time amend, rules rela- tive to the organization of a part of the court for the hearing of children's cases, as provided in section thirteen hundred and ninety-nine of this act, and to the assignment of magistrates of the first division to hold the said part. Maintenance of order in courts. § 1398. The said boards of city magistrates, and each of them, shall also have power to make needful rules and regu- lations for the maintenance of order in and about the said city magistrates' courts, and the offices appropriated to the use of the magistrates, clerks and officers thereof, respectively, and all persons wilfully violating any such rule or regulation may CHARTER OF NEW YORK CITY. 597 be arrested and punished in the same manner as is now pro- vided by law for the punishment of disorderly conduct tending to a breach of the peace in said city. And said boards may make proper provisions by rule to prev-ent undue publicity of proceedings before any city magistrate in respect of any charges, pending attempts to make arrests, and also in cases where there is good reason to think such publicity is sought for the gratification of malice or pernicious curiosity. Subject to the rules which may be established for the holding of a part for the hearing of children's cases as provided in section thir- teen hundred and ninety-nine of this act, the several city mag- istrates' courts shall be opened every day at nine o'clock in the morning, and in the first, second, third, fourth, fifth and seventh districts of the first division, and the first, second, third, fourth and fifth districts of the borough of Brooklyn, shall not be closed before four o'clock in the afternoon, ex- cept on Saturdays, Sundays and holidays, when morning sessions only shall be necessary. The sixth district court of the first division, and each of said courts not above enumer- ated of the second division, shall be open each day during such hours as the respective boards of city magistrates shall by rule determine. On any day of general election each court shall be kept open until the polls are closed. Establishment of part for children's cases in first division. § 1399. The board of city magistrates of the first division shall assign a separate part for the hearing and disposition of cases now within the jurisdiction of said magistrates involving the trial or commitment of children, which part may for con- venience be called the children's court; and in all such cases the magistrate holding said court shall have all the powers, duties and jurisdiction now possessed by the city magistrates within said first division. Said children's court shall be held by the several magistrates in rotation in such manner as may be determined by said board, and shall be open on such days and during such hours as the said board shall in its rules pro- vide. Whenever, under any provision of law, a child under sixteen years of age is taken before a city magistrate in the first division sitting in any court other than the children's court, it shall be the duty of such magistrate to transfer the case to the children's court, if the case falls within the juris- diction of said court as herein provided, and it shall be the duty of the officer having the child in charge to take such child before that court, and in any such case the magistrate 59'8 LAWS OF ]S[EW YORK. holding said children's court must proceed to hear and dispose of the case in the same manner as if it had been originally brought therein. The board of city magistrates shall appoint a clerk for the children's court and such assistants as may be necessary, whose salaries shall be fixed by the board of alder- men on the recommendation of the board of estimate and apportionment. The said court shall be held, if practicable, in the building in which the offices of the department of public charities for the examination of dependent children are located, or if this shall not be practicable, the court shall be held in some other building as near thereto as practicable, to be selected by the commissioners of the sinking fund. Nothing herein contained shall affect any provisions of law with re- spect to the temporary commitment by magistrates of children charged with crime or held as witnesses for the trial of any criminal case, or the existing jurisdiction of the court of special sessions. Court records. § 1400. Each police clerk shall keep books of record con- taining the name and sex, as near as may be the age of all persons against whom complaints or charges have been made, the nature and date of the complaint or charge, and the name and residence of the complainant, giving street and number; the date and nature of all warrants or other process issued, and against whom; the dates, nature and result of all exam- inations; the date of the reception and the name and the disposition of all prisoners; the names of all persons waiving examinations; the names of all persons givmg bail and its amount, and the names and residence of all bondsmen; the name, residence and the age, as near as possible, and the sex of all persons committed, fined, convicted, held for trial or sent to any other court for trial, and for what cause, and by what magistrate, and at what date ; the date at which any fine is paid, by whom, and the amount; the name, residence, age and sex of all persons discharged, by what magistrate, of what charge, and at what date, together with a suggestion of the cause of such discharge; the place and date of filing and the result of the prosecution of recognizances; the name and address of any attorney appearing in respect of any charge or on any hearing, and the reasons for any unusual delay in any proceeding. ! CHARTER OF NEW YORK CITY. 599 Qualifications of city magistrates. § 1 40 1. No person shall be appointed to the office of city magistrate unless he shall have been admitted to practice as an attorney and counselor at law in the courts of this state at least five years prior to the date of such appointment, unless he was a police justice in office on the first day of January, eighteen hundred and ninety-five. No city magistrate shall receive to his own use any fees or perquisites of office; nor shall any such magistrate hold any other public office, or carry on any business, or practice as an attorney or counselor at law in any court in this state, or act as referee or receiver; but each magistrate shall devote his whole time and capacity, so far as the public interests demand, to the duties of his office. § 1401a. A city magistrate or police clerk may be removed for cause, after due notice and an opportunity of being heard, by the appellate division of the supreme court within the division for which such city magistrate or poHce clerk was appointed. Salaries of city magistrates. § 1402. The salaries of the city magistrates now in office, and of their successors, to be paid in equal monthly install- ments, shall be as follows : The salary for each city magistrate for the first division shall be seven thousand dollars per annum. The salary of each city magistrate appomted from the borough of Brooklyn, in the second division, shall be six thousand dollars per annum. The salary of each city magistrate from the boroughs of Queens and Richmond shall be five thousand dollars per annum. Inability of magistrate to act; transfer of charges. § 1403. If a vacancy exists in the office of city magis« trate, or the illness, absence or other inability of any magis- trate, assigned to hold any city magistrates' court in either division, prevent his holding the same, any other city magistrate in The City of New York may hold such court, and the fact of such vacancy, illness, absence or other inability shall be adequate cause, without further entry upon the record, for the transfer of all pending charges or complaints in said court, if the magistrate appearing and holding such court shall elect to proceed therein. No charge, complaint or person brought before one city magistrate, except as provided in this 600 LAWS OF NEW YORK. section or in section thirteen hundred and ninety-nine of this act, shall be sent before another magistrate, except for ade- quate cause, to be fully and at once entered upon the records kept by the respective police clerks and signed by the magis- trate, and no person shall be committed or recommitted for examination save for necessary cause, to be then clearly stated upon the record; the hearing upon any charge shall not be adjourned to another day without the reason therefor being entered upon such record, nor shall any charge be dismissed or any prisoner discharged without record thereof made as above provided. Appeals from city magistrates. § 1404. All provisions of law conferring the right of appeal and prescribing the procedure on appeal to the court of gen- eral sessions of the peace in the county of New York from any judgment, order or other determination of a city magis- trate, including a commitment under section two hundred and ninety-one of the penal code, or of any court held by a city magistrate, in force on the first day of January, nineteen hun- dred and two, shall apply to and regulate all appeals and the right of appeal in all cases hitherto existing is hereby pre- served and continued. The right of appeal from any judg- .ment, order or other determination of a city magistrate in the second division, hitherto existing, to the county court of the county where the said judgment, order or other deter- mination is made, is hereby preserved and continued. Special sessions continued. § 1405. The court of special sessions of The City of New York is hereby continued with the same powers, duties and jurisdiction as it shall have by law on the first day of January, nineteen hundred and two. The justices of the court of special sessions of the first and second divisions of The City of New York are hereby continued in office until the expira- tion of the terms for which they have been appointed, and their successors shall be appointed by the mayor for the term of ten years. Vacancies. § 1406. Any vacancy in said office shall be filled by the mayor of said city by appointment within thirty days after its occurrence. If such vacancy occur otherwise than by expiration of a term the person appointed to fill such CHARTER OF NEW YORK CITY. 601 vacancy shall hold office for the unexpired term of the justice whom he succeeds. If the vacancy occur by the expiration of a term, the person appointed to succeed the justice whose term has expired shall hold office for the term of ten years. The salary of the justices of the court of special sessions in the first division shall be nine thousand dollars a year; and in the second division shall be six thousand dollars a year; to be paid in all cases in equal monthly instalments. Clerks. § 1407. Justices of the said court of special sessions for the first and second divisions respectively shall appoint a clerk and deputy clerk of such court. Such clerks and deputy clerks shall respectively hold office for the term of five years from the date of their appointment, and the clerks and deputy clerks now in office shall serve until the expiration of their present terms. The clerk in the first division shall receive a salary of four thousand dollars a year, payable in monthly install- ments, and the clerk of the second division shall receive a sal- ary of three thousand dollars a year, and payable in equal monthly instalments. Any vacancy in the office of clerk or deputy clerk shall be filled by the justice of said court by appointment. If any vacancy shall occur otherwise than by expiration of the term of office, the person appointed to fill such vacancy shall hold office for the balance of the unexpired term of the officer whom he succeeds. The said justices shall also appoint such and so many officers and attendants, includ- ing a stenographer, as may be necessary for the due transac- tion of the business of said court. The said justices may remove the clerk, deputy clerk or any officer or attendant, but no deputy clerk, officer or attendant shall be removed until he shall have had notice of the cause of his proposed removal, and shall have been afforded an opportunity of making an explanation before said justices or a majority of them, and the reasons of any removal shall be entered in the minutes of the court. Court of special sessions, how held. § 1408. The court of special sessions of either of said divisions of The City of New York must be held by three of the justices of said court, and any order, determination or judgment of two of said justices shall be the order, determina- tion or judgment of the court. Said court shall sit in every month of the year in said first division and in each of said boroughs of Brooklyn, Queens and Richmond. 602 LAWS OF NEW YORK. Jurisdiction. § 1409. The said courts of special sessions shall have juris- diction as follows: I. Except as otherwise provided in this title, the said courts of special sessions of The City of New York shall have in the first instance exclusive jurisdiction to hear and determine all charges of misdemeanors committed within The City of New York, except charges of libel. Provided, however, that the same shall be tried in the county wherein such misdemeanors are charged to have been committed. The said courts shall, however,- be divested of jurisdiction to proceed with the hear- ing and determination of any charge of misdemeanor in either of the following cases: First. If, before the commencement of the trial in said court of any person accused of a misdemeanor, a grand jury shall present an indictment against the same person for the same offense; or Second. If, before the commencement of any such trial, a justice of the supreme court in the judicial department where such trial would be had; or, if the charge be triable in the county of New York, the recorder of the county of New York or a judge authorized to hold a court of general sessions of the peace in and for the county of New York; or, if the charge be triable in another county, a county judge of such county shall certify that it is reasonable that such charge shall be prosecuted by indictment. No such certificate shall be made upon the application of a defendant, without at least two days' notice to the district attorney, but pending the determination of the application therefor, any justice or judge authorized to make such certificate may order that all proceedings in the court of special sessions, except to admit to bail, be stayed for a period or for successive periods, which shall not in all exceed ten days. Upon the service of said order upon the clerk of the said court of special sessions in the county wherein the charge is triable, all proceedings thereon in said court, except to admit the defendant to bail, shall be stayed until the expiration of the time specified in said order. Upon the filing of the certificate aforesaid w^ith the clerk of the said court of special sessions, in the county wherein the charge is triable, all further proceedings thereon by said court of special sessions shall be stayed, and the said clerk shall within five days there- after make a return of all proceedings had in the said court of special sessions relating to such charge and transmit such return and all papers relating to such charge, together with CHARTER OF NEW YORK CITY. 603 said certificate and any undertaking given by the defendant to the district attorney of the county wherein the misdemeanor charged is alleged to have been committed. The said district attorney shall without delay present the said charge to the grand jury of said county. 2. They shall have jurisdiction at the request of a defendant to remit a fine imposed by them and in place of such fine to substitute in their discretion imprisonment. 3. They shall have exclusive jurisdiction in the first instance of all proceedings respecting bastards within The City of New York and the jurisdiction conferred by sections eight hundred and thirty-eight to eight hundred and sixty inclusive of the code of criminal procedure shall be exclusively exercised within said city by said courts. The application specified in section eight hundred and forty of said code of criminal procedure shall be made to the court of special sessions in the county wherein a bastard is born or where the woman pregnant of a bastard likely to be born is. If a defendant desire to appeal from an order of filiation, mentioned in section eight hun- dred and fifty of the code of criminal procedure, such appeal shall be taken in accordance with section fourteen hundred and thirteen of this act, except that the presiding justice, or, in his absence or disability, any justice, who sat on the trial of the defendant may take a bond from the defendant in such sum and with such sureties as the said justice may approve, thathe will abide the final decision of the appeal taken byhim, and will pay all costs and disbursements on appeal, and that if the said order of filiation be affirmed he will obey it and make all the payments therein directed; and if the de- fendant is in custody, the justice may thereupon crder that the defendant be discharged from imprisonment and that all proceedings on the order of filiation be stayed pending the decision of the appeal therefrom. But a defendant who has executed an undertaking to obey an order of filiation and in- demnify the public, as provided in section eight hundred and fifty-one of the code of criminal procedure, cannot appeal from any other part of said order than that which fixes the weekly or other allowance to be paid. If the said bond on appeal shall not be complied with it must be sued upon by the com- missioner of public charities in whose jurisdiction it was given. 4. The said court and its justices shall have and exercise all the powers and jurisdiction not inconsistent with this act which on the first day of January, nineteen hundred and 604 LAWS OF NEW YORK. two, shall by law be vested in the court or justices of special sessions in The City of New York. Practice. § 1410. On and after the first day of February, eighteen hundred and ninety-eight, all sections of the code of criminal procedure consistent with this act regulating and con- trolling the practice and procedure of the court of general sessions of the peace in the city and county of New York shall apply, as far as may be, to the practice and procedure in the said courts of special sessions, and shall regulate and control the practice and procedure of said courts in so far as their jurisdiction and organization will permit. All trials in said courts of special sessions provided for by this title shall be without a jury. Justices to be magistrates. § 141 1. The justices of said courts of special sessions are magistrates, and shall have and exercise all the juris- diction and powers not inconsistent with this act which are by law conferred upon magistrates. Adoption of rules. § 1412. The justices of said courts of special ses- sions shall meet and adopt, and from time to time amend or add to rules relating to the following subjects : 1. Regulating the procedure and practice of said courts. 2. Prescribing the duties of the clerks and other officers and attendants of said courts. Regulation of time, etc. § 141 3. The justices of said courts of special ses- - sions of said first and second divisions of The City of New York, respectively, shall meet and adopt and may, from time to time, amend or add to rules relating to the following sub- jects : 1. Establishing the times and places at which said court shall be held within each of said divisions, respectively. 2. Assigning the justices to hold said courts from time to time, but if any justice assigned to sit in said court at any time shall be absent any other justice of the court of special sessions in The City of New York may sit in his place and stead. CHARTER OF NEW YORK CITY. 605 Appeals from special sessions. § 14 14. If any judgment or determination made by the said court of special sessions shall be adverse to the defendant, he may appeal therefrom in the same manner as from a judg- ment in an action prosecuted by indictment, and may be admitted to bail upon an appeal in like manner; and if the judgment of the supreme court upon such an appeal shall be adverse to the defendant, he may appeal therefrom to the court of appeals as prescribed in the code of criminal pro- cedure. In case of any such appeal to the supreme court or to the court of appeals, the procedure in, and the jurisdiction of, the said courts respectively, shall be the same as from a judg- ment of conviction after indictment. Duty of district attorney to attend court, etc. § 141 5. It shall be the duty of the district attorney of each of the counties of New York, Kings, Queens and Rich- mond to attend in person or by an assistant at all sessions of said courts of special sessions within his county. Qualifications of justices of special sessions. § 141 6. No person shall be appointed to the office of justice of the court of special sessions in The City of New York, un- less he shall be a resident of the said city and of the division of the city for which he shall be appointed ; nor unless he shall have been admitted to practice as an attorney and counselor at law in the courts of this state at least ten years prior to the date of such appointment. No such justice shall receive to his own use any fees or perquisites of office; nor shall any such justice hold any other public office, or carry on any busi- ness, or practice as an attorney or counselor at law in any court in this state, or act as referee or receiver ; but each such justice shall devote his whole time and capacity, so far as the public interests demand, to the duties of his office. Possession of court=houses. § 141 7. The city magistrates and the boards of city magistrates and the justices of the court of special sessions shall continue to have the like access and possession in respect to the court-houses as they have hitherto had. And it shall be the duty of The City of New York and its several officers charged with duties in that behalf to supply and pay for what- ever may be necessary for the transaction of business of the said city magistrates and courts of special sessions and the 606 LAWS OF NEW YORK. justices thereof, and to supply all proper court-houses and accommodations, books, stationery and furniture, and to pay all salaries, compensations, expenses and disbursements that may be herein or otherwise authorized by law; and the board of estimate and apportionment shall annually include in its final estimate such sums as may be necessary to pay such sal- aries, compensations^ expenses and disbursements. TITLE 4. The Marshals, Marshals of the cities of New York and Brooklyn continued. § 1424. The marshals in The City of New York as hereto- fore known and bounded, and the marshals and constables in .the cities of Brooklyn and Long Island City, and in the several towns mentioned in section one of chapter one of this act, in office at the time this act shall take effect, shall continue to hold such offices and perform the duties thereof until midnight of the thirty-first day of January, eighteen hundred and ninety- eight, and said terms of office shall then expire, except those of the marshals in the late city of New York and the marshals in the late city of Brooklyn, who shall continue to be marshals of The City of New York, as hereby constituted, till the ex- piration of their respective terms. Mayor to appoint marshals; term of office. § 1425. On or before the twentieth day of January, eighteen hundred and ninety-eight, the mayor of The City of New York shall appoint ten marshals in the manner provided in the next section, who shall hold their respective offices for six years ; and there shall be appointed in like manner every sixth year thereafter the same number of marshals for the liketerms. Any person appointed after the commencement of the term, as herein prescribed, shall hold only until the expiration of the term and until a successor is duly appointed and has qualified. Id.; marshals for the boroughs of Queens and Richmond. § 1426. Six of said marshals so to be appointed shall be residents of the borough of Queens, and four residents of the borough of Richmond ; and said marshals shall be assigned by the mayor to such duty within the boroughs wherein they reside respectively as is or may be provided by law. CHARTER OF NEW YORK CITY. 607 Successors to present marshals of New York city § 1427. On the expiration of the terms of said marshals of The City of New York mentioned in the last clause of section fourteen hundred and twenty-four of this act, the said mayor shall appoint their successors for terms of six years respec- tively. Powers, duties and fees. § 1428. In so far as consistent with this act, the provisions of law relating to the bonds, duties, powers and fees of mar- shals, and all other matters concerning marshals in The City of New York, in force on the thirty-first day of December, eighteen hundred and ninety-seven, shall apply to the marshals appointed or continued in office pursuant to this title, provided, however, that the bonds of said marshals so appointed pur- suant to this title shall be filed in the office of the city clerk, and that in the prosecution of the official bonds of all marshals, application for leave to prosecute the same shall be made to a justice of the supreme court at chambers in the judicial depart- ment wherein the borough for which such marshal shall have been appointed is situated, and such leave shall not be granted unless it appears that a transcript of the judgment against such marshal has been filed in the office of the clerk of the county within which such borough is situated, and such justice may order such bond to be prosecuted in the municipal court of The City of New York or in the city court of The City of New York if such borough be within the county of New York or in the county court of the county wherein such borough lies, if in any other county. Removal of marshals. § 1429. The mayor may remove any marshal, after giving him an opportunity to be heard, upon charges in writing pre- ferred against such marshal, and filed with the mayor. CHAPTER XXI. The Acquisition of Lands and Interests Therein for Public Purposes. Procedure for acquirement of lands and interests therein. § 1435- Whenever The City of New York, or any of the departments, including the department of education, boards or officers of the said city government, shall be LAWS OF NEW YORK. authorized by law to acquire title to real estate or any tene- ments, hereditaments, corporeal or incorporeal rights in the same, for any pubHc use or purpose by condemnation, the proceeding for that purpose shall be taken and conducted in the manner prescribed in this title, except as provided in sec- tion fourteen hundred and forty-eight of this act. Maps to be prepared; entry on premises for examination thereof. § 1436. When any such lands have been selected, and the said department, board or officer has determined to take proceedings for the acquisition of the same, said de- partment, board or officer shall cause two similar sur- veys, maps, or plans thereof to be prepared, one of which shall be filed in the office of the said department, board or officer, and the other of which shall be filed in the office of the register or county clerk of the county in which the lands are situated ; and it shall be lawful for the duly author- ized agents of the said department, board or officer, and all persons acting under his or its authority, and by his or its direction, to enter, in the daytime, into and upon any and all lands, tenements, and hereditaments which it shall be necessary to enter into and upon for the purpose of mak- ing such surveys, maps or plans or for the purpose of mak- ing such soundings or borings as the said department, board or officer may deem necessary. § 1436a. It shall be the duty of the department, board or officer which has selected lands as aforesaid to submit the matter to the board of estimate and apportionment, and no further proceedings shall be taken until the acquisition of said lands is approved and authorized by a majority vote of all the members of the said board of estimate and i^pportion- ment at a meeting of said board duly called and held. Upon such authorization it shall be the duty of the corporation counsel to file in the office of the clerk of the county where the lands or any part thereof are situated a notice of the pendency of proceedings for the acquisition of said lands. The said notice shall briefly state the object of the proceed- ings and shall contain a description by metes and bounds of the property affected thereby. It shall also state the names of such of the persons interested as owners or otherwise as may be known to the corporation counsel, and in case any of such persons interested as owners or otherwise are unknown a statement to that effect shall be made in such notice. Such notice, from the time of filing, shall be constructive notice to CHARTER OF NEW YORK CITY. 609 a purchaser or incumbrancer of the lands affected thereby from or against any person interested as owner or otherwise with respect to whom the notice is directed to be indexed. § 1436b. Said board of estimate and apportionment shall have power and is hereby authorized to agree as to the pur- chase price of the lands, and interests therein, selected as aforesaid or any part thereof. If no such agreement is reached, or if any such agreement does not include the whole of the lands and interest therein, the said board shall direct the corporation counsel to institute proceedings for the con- demnation of said lands and interest therein or such part thereof in respect to which no agreement has been reached as aforesaid, and thereupon it shall be the duty of the corpora- tion counsel to conduct proper proceedings thereunto in the manner provided in this chapter. When any agreement as to price has been reached as aforesaid the amount agreed upon shall bear interest from the date of said agreement, and the time of vesting title in The City of New York to the lands affected by such agreement shall be the date of the delivery of the deed, and if no time be specified for the deliv- ery of the deed, title shall vest upon the date of the final con- firmation of the report of commissioners, as hereinafter pro- vided, as to property concerning which no agreement has been reached unless the date of vesting title is fixed by reso- lution as hereinafter provided. § 1436c. In all cases where the owner of lands selected as aforesaid or any part thereof is not under legal disability to convey title to real property such owner may, at any time before proof of value is submitted to the commissioners of estimate hereinafter provided for, submit a written offer to the board of estimate and apportionment to sell and convey such owner's land or interest therein at a specified price. Such written offer shall not be given in evidence before the commissioners of estimate hereinafter provided for, and must not be considered by them. If such written offer is not ac- cepted before proof of value is submitted to the commis- sioners of estimate hereinafter provided for, provided ten days shall have lapsed from the time of making such offer, and the compensation awarded thereafter in said proceed- ings by the commissioners of estimate to such person or owner making such offer exceeds the price specified in such offer such owner making such offer shall be entitled to his taxable costs and disbursements as in an action and in the discretion of the supreme court upon application made at a 610 LAWS OF NEW YORK. special term thereof to an additional allowance of a sum of money not exceeding five per centum upon the amount of such offer, but in no event more than two thousand dollars. Appointment and duties of commissioners of estimate. § 1437. After the said maps^ plans or surveys shall have been filed, and after the acquisition of the lands and interest therein shall have been authorized by the board ot estimate and apportionment, as hereinbefore provided, the corpora- tion counsel, for and on behalf of The City of New York, shall cause notice to be published in the City Record of his intention to make application to the supreme court for the appointment of commissioners of estimate and appraisal, which notice shall specify the time and place of such appli- cation, and shall briefly state the object of the application, and shall describe, generally,- the lands intended to be taken. Said notice shall be published in ten successive issues of said City Record, and thereafter, upon the completion of such publication, said corporation counsel shall present to the court a petition, signed and verified by the mayor of said city, setting forth the action taken by the department, board or officer, with reference thereto, and the authorization of the proceedings, by a majority vote of all members of the board of estimate and apportionment, the filing of said map, plan or survey, and of a notice of the pendency of the pro- ceeding, and praying for the appointment of such commis- sioners of estimate and appraisal. At the time and place mentioned in said notice, unless the said court shall adjourn the said application to a subsequent day, and in that event, at the time and place to which the same may be adjourned, the court, upon due proof to its satisfaction, of the publica- tion of such notice, and upon filing the said petition, shall name three discreet and disinterested persons, being citizens of the United States, all of whom shall be residents of the borough where the property to be taken is located, as com- missioners of estimate and appraisal for the purpose of per- forming the duties hereinafter mentioned. In such order the court shall fix the time and place for a hearing as to the qualifications of the persons named as commissioners. Ten days notice of the naming or appointment of the commis- sioners shall be given by the corporation counsel, by mail or otherwise, to such parties, or their attorneys, as may have filed a notice of claim or of appearance in the proceeding, and such notice shall be published in ten successive issues of the CHAKTER OF NEW YORK CITY. Gil City Record. Said notice shall specify the time and place when parties may be heard at a special term of the supreme court, as to the qualifications of the persons named as com- missioners of estimate and appraisal. The persons named as commissioners shall attend at the time and place appointed, and may be examined under oath, as to their qualifications to act. They shall be subject to the right of challenge by any person having an interest in said proceedings, upon any ground which would disqualify a judge or juror, and such challenge must be tried and determined by the court, and the determination of the court may be excepted to and re- viewed in the manner now prescribed by law in respect to the challenge of jurors. Should the court sustain the chal- lenge to any commissioner, another person must be named or appointed in his stead. The person or persons thus sub- stituted shall be subject to challenge in the same way, as above provided for, to be heard and determined by the court, at such time and place as the court may direct. § 1437a. The persons finally appointed commissioners of estimate and appraisal, after the trial and determination of any challenge, as hereinbefore provided, shall severally take and subscribe an oath or affirmation as prescribed by the thirteenth article of the constitution of this state, and shall forthwith file the same in the office of the clerk of the supreme court in the judicial district in which said lands are situated, and thereupon it shall be the duty of the said com- missioners of estimate and appraisal, after having viewed the said lands, tenements, hereditaments and premises required for public uses and purposes, as above set forth, to make a just and equitable estimate of the loss and damage to the respective owners, lessees, parties or persons respectively en- titled to or interested in the said lands, tenements, heredita- ments and premises. But no meeting of such commissioners shall be held at the office of the corporation counsel, or at the office of any party interested in the proceeding, or in the office of the attorney of any such party inter- ested. Reports of commissioners of estimate; presentation thereof to the court; when title to vest in city. § 1438. The said commissioners of estimate and appraisal shall make report of their proceedings to the supreme court, with the minutes of the testimony taken by them, and with 612 LAWS OF NEW YORK. the minutes of the proceedings, if any^ relating to the chal- lenge of any commissioner, within six months from the date of the filing of their oath, as hereinbefore provided, under penalty of forfeiting all fees to which they would be entitled, unless an extension of time be given to them by the supreme court, which extension shall only be granted in the discre- tion of the court, upon a written petition containing a full statement by such commissioners, of the reasons necessary for such an extension, and upon notice to the corporation counsel, and to the parties, or their attorneys who have appeared in said proceeding. Upon such application the court shall have power to make such order in the premises in respect to the time and manner of completing the report of such commissioners, and in respect to the taking and submis- sion of the proofs of the parties interested, and the number and length of the hearings to be held in each week as will enable or require the commissioners to complete said pro- ceedings on their part with reasonable despatch, and if it shall appear that the said proceeding has been delayed, by reason of the inattention^ neglect or refusal of said commis- sioners or any of them, to act or attend, the court may re- move the commissioner or commissioners so neglecting or refusing, and appoint a suitable person or persons in his or their place. Said report shall contain a brief description of the several parcels of real estate taken, with a reference to the map, plan or survey, showing the exact location and boundaries of each parcel, a statement of the sum estimated and determined upon by them as a just and equitable com- pensation to be made by the city, to the owners or persons entitled or interested in each parcel so taken, and a state- ment of the respective owners or persons entitled thereto or interested therein. But in all and each and every case or cases, where the parties interested, or their respective estates or interests, are unknown or not fully known to the com- missioners of appraisal it shall be sufficient for them to set forth and state, in general terms, the respective sums to be allowed and paid to the owners of and parties interested therein, generally, without specifying the names or estates or interests of such owners or parties interested, or any or either of them. After the commissioners shall have offered the parties interested an opportunity to file and make objec- tions as provided for in section fourteen hundred nnd forty, then the said report, signed by said commissioners or a ma- jority of them, shall be filed in the office of the department. CHARTER OF NEW YORK CITY. 613 board or officer, initiating the proceeding, and a duplicate of said report shall be filed in the office of the clerk of the county where the lands are situated, and thereupon the corporation counsel, or in case of his neglect to do so within ten days after such filing, then any person interested in the proceeding shall give notice that the said report will be presented for confirmation to the supreme court, at a special term thereof, to be held in the city of New York, at a time and place to be specified in said notice. The said notice shall contain a statement of the time and place of the fifing of the report, and shall be published in ten suc- cessive issues of the City Record, immediately prior to the presentation of said report for confirmation, and a copy of said notice shall be served, by mail or otherwise, upon the attorney of each party who may have appeared in said pro- ceeding, at least five days prior to the presentation of said report for confirmation. § 1438a. Upon the hearing of the appHcation for the con- firmation of the said report, signed by the said com- missioners, or a majority of them, the said supreme court at a special term thereof held in and for the judicial district as aforesaid, shall, by order, after hearing any mat- ter which may be alleged against the same, eitner confirm said report in whole or in part or refer the same back to the same commissioners for revisal and correction, or to new commissioners, to be appointed by the said court, to recon- sider the subject-matter thereof, and the said commissioners to whom the said report shall be so referred shall return the said report, corrected and revised, or a new report, to be made by them, as aforesaid, in the premises, to the said court, without unnecessary delay, and the same on being so returned shall be confirmed or again referred by the said court, as justice shall require, and such report when con- firmed by said court, in whole or in part, shall be final and conclusive, as well upon the said city and the said depart- ment or board as upon the owners, lessees, persons and par- ties interested in and entitled to the lands, tenements, here- ditaments and premises mentioned in said report, and also upon all other persons whomsoever. And on the final con- firmation of said report, the said City of New York, except as hereinafter provided, shall become and be seized, in fee simple absolute, of the lands included in said report, the same to be converted, appropriated and used to and for the purposes for which the same shall be acquired accordingly. G14 LAWS OF NEW YORK. And thereupon the said city, acting by and through the de- partment or board instituting and having charge of said pro- ceeding, shall immediately take possession of the same, with- out any suit or proceedings at law for that purpose, and all leases and other contracts in regard to the said lands so taken, or any part thereof, and all covenants, contracts or engagements between landlords and tenants, or any other con- tracting parties, shall, upon the confirmation of such reports respectively, cease and determine and be absolutely dis- charged according to law. § 1438b. It shall be the duty of the corporation counsel, within ten days after the entry of the order confirming the report of the commissioners, in a proceeding authorized by this chapter to file a copy of such order or report in the office of the register or county clerk of the count}'^ in which the land to be acquired is located. There shall be endorsed upon such copy order or report a reference to the section and block or the sections and blocks on the land map of such county which include the land to be taken by such proceed- ing. The register or county clerk with whom such copy order or report shall be filed shall index in the index of con- veyances on each block so endorsed on the said copy order or report, a statement giving the title of said proceeding and the date of the entry of said order confirming said report. When title may be vested by resolution. § 1439. Should the board of estimate and apportionment by a resolution adopted by a three-fourths vote deem it for the public interest that the title to the lands and premises, or any interest therein,, required for any public improvement or for any public purpose and acquired hereunder, should be acquired by The City of New York at a fixed or specified time, the said board of estimate and appor- tionment may direct, by resolution passed before or after the application to the court for the appointment of commissioners of estimate, made under section fourteen hundred and thirty- seven of this act, that at a date specified in such resolution after the filing of the oaths of said commissioners, the title to any piece or parcel of land, or to any interest therein, to be taken or acquired in the said proceeding, shall vest in The City of New York. Provided, however, that where there are buildings upon such lands such date of vest- ing title must be at least six months after the filing of the oath of the' commissioners if the resolution for vesting title CHARTER OF NEW YORK CITY. 0)15 be passed before the appointment of commissioners, and if such resokition be passed after the appointment of commis- sioners the date of vesting^ title must be at least two months after the passing of such resolution. At the date so fixed as aforesaid the said City of New York shall be- come and be seized in fee of said lands, tenements and hereditaments and all interests therein in said resolution mentioned, that shall or may be acquired as afore- said, the same to be held appropriated, converted and used to and for the purposes for which the said proceeding is in- stituted. In such cases interest at the legal rate upon the sum or sums to which the owners, lessees, parties or persons interested in the said real estate or interests therein are justly entitled upon the date of the vesting of title in The City of New York, as aforesaid, from said date to the date of the payment of the award made to such owners, lessees, parties or persons in interest shall be paid as hereinafter set forth. And upon the vesting of said title, the said city, acting by and through the said department, board or ofificer conduct- ing said proceeding, shall immediately take possession of the lands included in the same and the interests thereby af- fected, without any suit or proceeding at law for that pur- pose. And all leases and other contracts in regard to said lands so taken, or any part thereof, and all covenants, con- tracts or engagements between landlords and tenants or any other contracting parties shall, upon the vesting of said title, respectively cease and determine and be discharged accord- ing to law. Notice of deposit and presentation of report; payment of awards with interest. § 1440. The said commissioners of estimate, before they present their report to the supreme court, shall deposit a true report or transcript of such estimate in the office of the department, board or officer con- ducting such proceeding, for the inspection of whom- soever it may concern, and shall give daily notice by adver- tisement in the City Record and the corporation newspapers, and also, at the option of the corporation counsel, in other newspapers, not exceeding three in number, published in said City of New York, for ten days, Sundays and holidays excluded, after depositing such report, of the said deposit thereof in said office, and any person or persons whose rights may be afifected thereby, and who may 616 LAWS OF NEW YORK. object to the same, or any part thereof, may, within ten days after the first pubHcation of such notice, set forth their ob- jections to the same in writing to the said commissioners, who shall, after hearing the parties so objecting, thereupon reconsider their said estimate and assessment, or the part or parts thereof so objected to, and in case the same shall ap- pear to them to require correction, but not otherwise, they shall and may correct the same accordingly. The City of New York shall, within two calendar months after the con- firmation of the said report, pay to the parties entitled thereto the respective sum or sums so estimated and re- ported in their favor, respectively, with lawful interest from the date of the report of said commissioners, or if title to said lands shall have vested in the city under section fourteen hundred and thirty-nine of this act, from the date of said vesting; and in default thereof said persons or parties, respectively, his, her, or their respective heirs, executors, administrators, successors or assigns, may, at any time or times after application first made, by him, her, or them to the comptroller of The City of New York for payment thereof, sue for and recover the same with lawful interest, as aforesaid, and the costs of suit. Upon any application to said comptroller the applicant may state that any outstanding taxes, assessments or other liens may be deducted from the amount otherwise payable to him or her, and in that event the fact that there are outstand- ing taxes, assessments or other liens shall not impair or in- validate such application nor operate as a bar to the collec- tion of interest upon the amount awarded less the amount of such outstanding taxes, assessments or other liens. Owners unknown, infants, or of unsound mind. § 1441. Whenever the owners and proprietors of any lands, tenements, hereditaments and premises to be taken for any of the purposes aforesaid, or the party or parties, person or persons interested therein, or any or either of them, the said owners, proprietors, parties or persons, in whose favor any such sum or sums or compensation shall be so reported, shall be under the age of twenty-one years, non compos mentis, or absent from The City of New York ; and also in all cases where the name , or names of the owner or owners, parties or persons entitled unto or interested in any lands, tenements, hereditaments or premises that may be so taken for any of the purposes aforesaid, shall not be set forth CHARTER OF NEW YORK CITY. 617 or mentioned in said report; or when the said owners, par- ties or persons respectively, being named therein, can not, upon diligent inquiry, be found, it shall be the duty of the said City of New York to pay the sum or sums mentioned in the report as payable, or that would be coming to such owners, proprietors, parties and persons respectively, into the su- preme court, to be secured, disposed of, invested and paid out, as the appellate division of the supreme court, in said judicial district, shall direct; and such payment shall be as valid and effectual in all respects as if made to the said owners, proprietors, parties and persons respectively, them- selves, according to their just rights, if they had been known, and had all been present, of full age, compos mentis; and in default of such payment by The City of New York it shall be and remain liable for the amount due to such owners, pro- prietors, parties and persons, with lawful interest thereon, from the day upon which the title vested in said city; and provided, also, that in all and each and every case or cases, where any such sum or sums or compensation, so to be re- ported by said commissioners in favor of any person or per- sons, party or parties whatsoever, whether named or not named in said report, shall be paid to any person or persons, party or parties whatsoever, when the same shall of right belong to and ought to have been paid to some other per- son or persons, party or parties, it shall be lawful for the per- son or persons, party or parties to whom the said sum or sums ought to have been paid, to sue for and recover the same, with lawful interest and costs of suit, as so much money had and received to his, her or their use, by the per- son or persons, party or parties, respectively, to whom the same shall have been so paid. Payment of the compensa- tion awarded by said commissioners of estimate to the per- sons named in their report (if not infants or persons of un- sound mind) shall, in the absence of notice to the comptroller of The City of New York of adverse claims thereto, protect said city. The said commissioners of estimate shall include and set forth in their report the names of the respective owners, lessees, parties and persons entitled unto or inter- ested in said report, and each and every part and parcel thereof, as far as the same shall be ascertained by them, and add a designation and description of such respective lands and parcels of land aforesaid, and also the several respective sums estimated as and for the compensation and recompense or allowance to be made for the loss and damage of the re- 618 LAWS OF NEW YORK. spective owners of the fee or inheritance of such lands, tene- ments, hereditaments and premises respectively, and for the loss and damage of the respective owners of the leasehold estate, or their interest therein, separately. And the said commissioners shall also include in said report the amount of their fees and all costs and disbursements for expenses of surveys, maps and other things. Appeal. § 1442. Within twenty days after notice of the confirma- tion of the report of the commissioners as provided for in section fourteen hundred and thirty-eight-a of this act, any party interested and deeming himself or themselves ag- grieved may appeal by notice in writing to the other party, to the appellate division of the supreme court in said judicial district from the appraisal and report of the commissioners. Such appeal shall be heard on due notice thereof, being given, according to the rules and practice of said court. On the hearing of such appeal, the court may direct a new ap- praisal and determination of any question passed upon, by the same or new commissioners, in its discretion, but from any determination of the special term, an appeal may be taken upon the merits to the said appellate division of said court, and from any determination of the said appellate divis- ion any party, if aggrieved, may take an appeal to the court of appeals, but only as to a question affecting the principle of the assessment of damages by the said commissioners, or a question relating to the challenge of a commissioner or to the conduct of the said commissioners or any of them in- dicating impropriety, bias, neglect or other disqualification. An appeal may be taken to the court of appeals as provided for in section nine hundred and eighty- nine of the Greater New York Charter. In the case of a new appraisal the second report shall be filed and notice thereof given, and such review, upon appeal or otherwise, be had as in the case of an original report, and so, from time to time, until a report shall be presented which the said court at special term shall finally affirm, and shall be affirmed upon appeal, should any appeal be taken. But the taking of an appeal by any person or persons shall not operate to stay the proceedings under this title except as to the particular parcel of real estate with which the said appeal is concerned. Such appeal shall be heard upon the evidence taken before such commissioners and any affidavits as to irregularities. CHARTER OF NEW YORK CITY. 619 Removal, etc., of commissioners of estimate. § 1443. In case of death, resignation, insanity, disqualifi- cation, refusal or neglect to act, or removal of any such com- missioner of estimate appointed as in this chapter provided, it shall and may be lawful for the court aforesaid, at a special term thereof, held in the judicial district as aforesaid, on the application of the department or board of The City of New York, conducting said proceeding, as often as such event may happen, to appoint a discreet and disinterested person, being a citizen of the United States and a resident of the bor- ough where the property to be taken is located in the place and stead of such commissioner so dying, resigning , becoming in- sane or disquaHfied, refusing or neglecting to act, or removed, and the surviving commissioners, as the case may be, shall have full power to proceed in the execution of the duties of their appointment until the successor of the commissioner so dying, becoming insane, resigning, being disqualified, neglect- ing or refusing to act, or removed, shall be appointed. Ten days' notice of said application shall be given to all parties who have appeared in the proceeding. Such successor appointed as aforesaid shall possess the same qualifications and be sub- ject to challenge upon the same grounds and in the same general manner as hereinbefore provided for; and the time and place for such challenge shall be specified in the order appointing such successor. Powers of commissioners and of a majority thereof; fees, expenses. § 1444. In each and every case of the appointment of com- missioners under this act, it shall be competent and lawful for any two of such commissioners, so appointed as afore- ' said, to proceed to and execute and perform the trusts and duties of their said appointment, and their acts shall be as vaHd and effectual as the acts of all the commissioners if they had acted together would have been ; and, further, in all cases, the acts, proceedings and decisions of a major part of such of the commissioners as shall be acting in the premises, shall be as valid, binding and eft'ectual as if the said commis- sioners named and appointed for such purposes had all con- curred and joined therein. In the said proceedings any of the said commissioners of estimate may issue subpoenas and administer oaths to witnesses. Each commissioner appointed under and by virtue of this chapter, who shall enter upon the duties of his appointment, shall be entitled to receive upon the confirmation of the report or other determina- 620 LAWS OF NEW YORK. tion of the proceeding, not exceeding ten dollars for each day upon which he attends a meeting of said commissioners and is actually and necessarily employed in the perform- ance of the duties imposed upon them by this act at the offices provided for said commissioners or at a meeting of the commissioners to view the premises, besides all reasonable expenses, to be taxed and allowed by said court for maps, surveys, clerk hire and other necessary expenses and disbursements, and the same shall be included in, considered and paid as part of the expenses of acquiring the lands or interest therein for the acquirement of which the said proceeding is instituted. Amendments of defects. § 1445. The special term of the supreme court in the judi- cial district, as aforesaid, shall have power at any time to amend any defect or informality in any of the special pro- ceedings authorized by this chapter that may be necessary, or to permit any person having an interest therein to be made a party thereto, or to relieve from any default, mistake or irregularity, or to direct such further notices to be given to any party in interest as it deems proper. And the said court may, at any time remove any of said commissioners of estimate who, in its judgment, shall be incapable of serv- ing, or who shall, for any reason in its judgment, be an unfit person to serve as commissioner. The cause of such re- moval shall be specified in the order making the same. If in any particular it shall at any time be found necessary to amend any pleading, proceeding, or to supply any defect therein arising in the course of any special proceeding authorized by this act, the same may be amended or supplied in such a manner as shall be directed by the said special term of the supreme court, which is hereby authorized to make such amendment or correction. Corporation counsel to appear and protect interests of the city. Comptroller to furnish clerks and offices. § 1446. The corporation counsel shall, either in person, or by such counsel as he shall designate for the purpose, appear for and protect the interests of the city in all such proceed- ings in court and before the commissioners of estimate. It shall be the duty of the comptroller of The City of New York to furnish the commissioners of estimate and appraisal who may be appointed in any proceeding provided for in this chap- CHARTER OF NEW YORK CITY. 621 ter such necessary clerks and other employes and to provide such suitable offices as they may require to enable them to fully and satisfactorily discharge the duties imposed upon them. Source of payment of awards and expenses. § 1447. The amounts of the awards made in a proceeding brought under this chapter for the value of lands and inter- ests therein taken hereunder, shall be paid out of the fund created by the act, ordinance or resolution authorizing the ac- quirement of the said lands or interests therein, and the money for the payment thereof, together with the fees of the commis- sioners of estimate, the compensation of such necessary clerks or assistants as they may employ, and all other necessary ex- penses in and about the special proceeding instituted under this chapter, including the fees of counsel employed by the corpo- ration counsel in the proceeding, and all other reasonable expenses incurred by said corporation counsel in the conduct of said proceeding, shall be also paid out of the said fund so provided. Such fees and expenses shall not be paid until they have been taxed at a special term of the supreme court in the judicial district as aforesaid, upon five days' notice to the corporation counsel of The City of New York. Upon such taxation due proof of the nature and extent of the ser- vices rendered and disbursements charged shall be furnished and no unnecessary costs or charges shall be allowed. All such costs, fees and expenses or disbursements to be taxed, as aforesaid, shall be stated in detail in the bill of costs and charges and expenses, and shall be accompanied by such proof of the reasonableness and necessity thereof, as is now required by law and the practice of the said court upon taxa- tion of costs and disbursements in other special proceedings or actions in said court. The said proof shall be made by a statement duly verified in which shall be set forth in addition to other matters required by law and practice the respective dates of the rendition of services, and in the case of commis- sioners, and of any clerks who may receive a per diem allow- ance, the number of hours or the time necessarily occupied upon each of such respective dates. And no such claim for compensation shall be taxed, allowed or paid unless it be ac- companied by a certificate of the comptroller of the city of New York setting forth that the same has been audited and examined, and further certifying the result of such audit and examination. 622 LAWS OF NEW YORK. What proceedings excepted from provisions of this chapter. § 1448. The provisions of this chapter shall not apply to any proceedings for the purpose of opening any streets, ave- nues or public places, parks or parkways, or to any pro- ceedings for the improvement of or in connection with the water supply of The City of New York, or for the acquisi- tion of lands for sewers or drains as provided in section three hundred and ninety-six of this act, or for the acquisition of wharf property for the improvement of the water-front of said city, or to any proceedings, of any nature, instituted prior to the time of the taking effect of this act, and such proceeding shall be conducted in all respects as if this act had not been passed. CHAPTER XXII. - Stages and omnibuses; consents of property owners necessary before franchise granted. Section 1458. No stage or omnibus . route, or authority to run stages or omnibuses in The City of New York, shall here- after be granted by the board of aldermen, unless a majority of the owners of property upon the streets, in or upon which any such route or privilege is to be operated, shall before the board of aldermen act on the subject^ first consent in writing thereto. Application to mayor, etc.; before route established. § 1459. Before any route for the running of omnibuses or stages shall be established or allowed to be operated in said city, except as provided in this act, the application therefor shall be made in writing to the mayor of said city, specifying the route proposed to be established and the number of stages or omnibuses proposed to be run thereon; and unless the said mayor shall communicate such application to the board of aldermen with his approval thereof, and said board of aldermen after receiving such communication and approval shall vote in favor thereof by a three-fourths vote of all the members, no such route shall be established or operated; and upon such favorable action such route may be established and operated accordingly and the ownership thereof may be transferred. Stage route to be disposed of like other franchises. § 1460. Any stage route or privilege hereafter granted by the board of aldermen shall be disposed of in the manner pro- vided by law for the disposition of the franchises of said city. OHAKTER OF NEW YORK CITY. 623 Not to be run except in conformity with preceding sections or as hereinafter provided. § 1461. It shall not be lawful to run stages or omnibuses in The City of New York, as constituted by this act, except in conformity with the preceding sections, and no stage route shall after April first, nineteen hundred and one, be estab- Hshed or operated upon that portion of any street, avenue, road or highway in which a street surface railway or stage route is or shall be lawfully established, and in operation for a distance greater than one thousand feet, without first obtain- ing the consent of the corporation owning such railway or stage route, but nothing in this act shall be construed to affect the right possessed by any company to operate stage routes or extensions then established and in lawful operation, nor to affect any authority conferred upon any such company to acquire rights and privileges under chapter six hundred and fifty-seven of the laws of nineteen hundred, nor to affect any acts heretofore done thereunder. CHAPTER XXIII. General Statutes. Title I. Commercial paper during epidemic. Title 2. Board of city record. Title 3. General provisions. Title 4. Coroners. TITLE I. Commercial Paper During Epidemic, Persons, etc., in infected district may have names, etc., registered by city clerk. § 1499. Whenever the board of health shall, by public no- tice, designate any portion or district of The City of New York as being the seat of any infectious or contagious disease, and declare communication with such portion or district dangerous, or shall prohibit such communication, it shall be the duty of the city clerk during the continuance of such disease in such district, to provide and keep in his office a book for the purpose of registering, in alphabetical order, the names, firms, and places of business of any inhabitant of the city who shall desire such registry to be made. 624 LAWS OF NEW YORK. Id.; must register place at which commercial paper to be presented. § 1500. It shall be the duty of all persons and firms usually resident or doing business within such infected district to register, in the book so provided by the said city clerk, their names or firms, with the place or places out of such infected district, but within The City of New York to which they may have removed the transaction of their business, or to which they may desire any notices to be sent or served, or any notes, dr'afts, or bills to be presented for acceptance or for payment. The sum of twenty-five cents may be claimed and received by the said clerk for every such registry; but the book in which the same shall be entered shall be, at all times during office hours, open to public examination, free of all charges. Commercial paper may be presented at place designated. § 1 501. During the continuance of any such disease in such infected district, all drafts, notes, and bills, which by law are required to be presented for acceptance or for payment, may be presented for such purpose at the place so designated in such registry, and all notices of nonacceptance and non- payment of any note, draft or bill, or of protest, for such nonacceptance or nonpayment, may be served by leaving the same at the place so designated. On failure to register, commercial paper may be presented to city clerk. § 1502. In case any person or firm usually resident or do- ing business within such infected district shall neglect to make and cause to be entered in the book so provided, the registry herein required, all notes, drafts, or bills which by law are required to be presented to such person or firm for acceptance or for payment, may be presented to the said city clerk during the continuance of such disease, at any time dur- ing office hours, and demand of acceptance or payment thereof may be made of the said clerk, to the same purpose and with the same effect as if the same had been presented, and acceptance or payment demanded of such person or firm at their usual place of doing business. On failure to register, notice of protest, etc., may be served by leaving at post=office. § 1503. In case of the omission to make the registry here- in required, all notices of the nonacceptance or nonpayment of any note, draft, or bill, or of protest for such nonacceptance CHARTER OF NEW YORK CITY. 625 or nonpayment, may be served on any person or firm usually resident or doing business within such infected district, by leaving the same at one of the post-offices for the said city, which service shall be as valid and effectual as if the notices had been served personally on such person or one of such firm at his or their usual place of doing business. When epidemic deemed to have subsided. § 1504. Whenever proclamation shall be made by the board of health or other proper authority of the city, that an infectious or contagious disease in any such infected district has subsided, it shall be deemed to have subsided, for all pur- poses contemplated in this title. TITLE 2. A Board of City Record. City record, board of; publication and contents; newspapers to be designated in which corporate notices to be advertised. § 1526. There shall be published daily, Sundays and legal holidays excepted, under a contract to be made as herein- after provided, a paper to be known as the City Record. And said City Record, and the newspapers now by law designated as corporation newspapers in the present city of Brooklyn, and those that shall be designated as hereinafter provided in the boroughs of The Bronx, Queens and Richmond, shall be the only papers to be included within the term corpora- tion newspapers as the same is used anywhere in this act; but no notice or advertisement shall be inserted in any of said newspapers now by law designated as corpora- tion newspapers in said city of Brooklyn, nor in such as shall be designated as hereinafter pro- vided, in the boroughs of The Bronx, Queens and Richmond, except such as respect matters exclu- sively occurring within or relating to the borough in which any such newspaper is published; and the aggregate amount to be paid to said newspapers now designated by law as corporation newspapers, in said city of Brooklyn, or hereafter designated, as hereinafter provided, in each of said boroughs of Queens, Richmond and Bronx, for the publication of all advertisements provided for by this act, in each of said boroughs respectively, shall never exceed in any year, the sum now agreed to be paid annually by said city of Brooklyn to said newspapers now by law designated 620 LAWS OF NEW YOKK. as corporation newspapers in said city of Brooklyn. In addi- tion to said City Record and said newspapers now designated by law in said city of Brooklyn, there shall be four corporation papers in the borough of Queens and two cor- poration papers in each of the boroughs of The Bronx and Richmond. It shall be the duty of the mayor of The City of New York, as soon as this act shall take effect, to desig- nate four publications in the borough of Queens and two publications in each of the said boroughs of The Bronx and Richmond, to be known as such corporation papers for the term of four years from the date of s-uch designation and, respectively, until their successors are designated; two of said publications in the borough of Queens and one of said pub- lications in each of said boroughs of The" Bronx and Rich- mond, so to be designated by the mayor of The City of New York, shall be selected by the chairman of the borough com- mittee, if there be such a committee, otherwise, by the chair- man of the county committee of the county in which the borough is located, of the party casting at the last preceding general election the greatest number of votes within the state for the head of the state ticket, and two, within said borough of Queens and one, within each of the said boroughs of The Bronx and Richmond, shall be selected by the chairman of the borough committee, if there shall be such a committee,, other- wise, by the chairman of the county committee of the county within which the borough is located, of the party casting at the last preceding general election, the next greatest number - of votes within the state for the head of the state ticket; and the mayor of The City of New York must make such designa- tions as shall be so selected and presented to him by said chairman, respectively, and every notice and advertisement relating exclusively to a particular borough, shall be published in the newspapers so selected and published within such bor- ough. Such publications so designated shall be printed and published in daily form and shall have been published for at least sixty days prior to this act becoming a law, in a daily form within the borough of Queens and in either a weekly, semi-weekly or daily form, within the said boroughs of The Bronx and Richmond. The mayor, corporation counsel and comptroller shall constitute the board of City Record. Said board, by a majority vote, shall appoint a proper person, to- gether with such assistants as may be required, to supervise the preparation and publication of the same, and they shall also fix the rates of compensation of said supervisor and his CHAKTER OF NEW YOKK CITY. 627 assistants. All the expenses connected with its publication and distribution, except the salary of the person appointed to supervise the same, and the salaries of his assistants, shall be covered by a contract for printing, to be made in the same manner as other contracts. The board of estimate and ap- portionment shall provide for all the necessary expenses of conducting the said City Record. There shall be inserted in said City Record nothing aside from such official matters as are expressly authorized. The contract for the publicat'on of the City Record shall provide for furnishing, free of charge, to The City ot New York, not more than two thousand copies thereof; also for a gratuitous distribution to every newspaper regularly printed in The City of New York, when it shall apply for the same, of two copies, and to every public library or public institution in said city which apply for the same, of one copy. • Copies of the same shall be sold by the supervisor at a price to be fixed by the officers making the contract, and the proceeds thereof shall be paid over to the city. All advertising required to be done for the city, except as in this act otherwise specially provided, and all notices required by law or ordinance to be published in- corporation papers, shall be inserted, at the pub- lic expense, only in the City Record, and a publication therein shall be a sufficient compliance with any law or ordinance requiring publication of such matters or notices; but there may be inserted in two morning and two evening, and two weekly or semi-weekly papers published in the English lan- guage, and in one paper published in the German language, all in said City Record to be designated at any time by said board of City Record, brief advertisements, calling attention to any contracts intended to be awarded or bonds to be sold, and referring for full information to said City Record; said designation of such newspapers to continue in effect until another or different designation shall be made by said board. Where such notices and advertisements respect matters oc- curring within or relating to the borough of Brooklyn, they shall also be published in such newspapers as are now by law designated as corporation newspapers in the city of Brook- lyn, and where such notices and advertisements respect mat- tersoccurring or relating to c'ther the borough of The Bronx, Queens or Richmond, they shall also be published in the cor- poration newspapers within the borough to w^hich said ad- vertisements relate as shall have been designated as herein provided, for such borough, and each of said publications 628 LAWS OF NEW YORK. within the said boroughs of Brooklyn, Bronx, Queens and Richmond, shall, respectively, receive the rates of payment therefor, equal to but not to exceed the compensation now paid to said newspapers within the borough of Brooklyn for like advertisements in the city of Brooklyn of county of Kings. In case, however, of the sale of bonds or stocks of said city or of any real estate belonging to the city, such ad- vertisements may be also inserted in such other newspapers published in said city as said board may determine in the case of each sale. But nothing herein contained shall prevent the publication elsewhere of any advertisement required by law; provided, however, that no such publication shall be made unless the same is authorized by concurrent vote of the mem- bers of said board. No money shall be paid from the city treasury, and no action shall be maintained and no judgment obtained against The City of New York, as constituted by this act, for any advertising done after April thirtieth, eight- een hundred and seventy-three, except such as is therein au- thorized or such as at the time this act takes effect is a lawful charge against a municipal or public corporation, or part thereof, hereby consolidated with the mayor, aldermen and commonalty of The City of New York. The copies of the City Record furnished to the city shall be distributed to the several departments and officers, and to such persons and in such manner as the board of City Record shall direct. The comptroller shall cause a continuous series of the City Record to be bound, as completed quarterly, and to be deposited w^ith his certificate thereon, in the office of the register of deeds of the county of New York, in the county clerk's office of said county, and in the office of the city clerk, and copies of the contents of any part of the same, certified by such register, county clerk, or city clerk, shall be received in judicial pro- ceedings as prima facie evidence of the truth of the contents thereof. Supervisor of City Record to arrange lists of registered voters. § 1527. It shall be the duty of the supervisor of the City Record to cause the lists of registered voters, made and deliv- ered by the chairman of the boards of inspectors of election to the captains of police, and by them delivered to him, to be arranged by assembly districts, and by election districts of assembly districts, commencing with the first, and in such manner that the names of all registered voters residing at any CHARTER OF NEW YORK CITY. 029 given number of any street shall appear together, and those of each street in each election district shall appear arranged by house numbers, in consecutive order, each street separately. And as soon as the entire registry of voters shall be completed, and the copies thereof made and delivered, the said supervisor shall forthwith cause the same to be printed and published in the City Record, and in the form and manner herein pre- scribed ; and such publication shall be made within one hundred and eight hours after the close of each annual registration. The registry of each assembly district shall be printed sepa- rately as a supplement to the City Record, and each supple- ment containing the registry of one assembly district shall be sold separately to persons wishing to purchase the same at not less than five cents per copy. All money received therefor shall be paid into the city treasury to the credit of the general fund. Printing and stationery to be supplied by contract; City Record to print certain matters. § 1528. All printing for said city and for the counties con- tained within its territorial limits, including the printing of the City Record, shall be executed and all stationery shall be supplied, under contracts, to be entered into by the said board of city record. All proposals for printing and sta- tionery shall be based upon specifications to be filed in the comptroller's office, which shall set forth with accuracy the number of every description of printed blanks; also each description of stationery or blank books in ordinary use in the board of aldermen and the respective departments, and Hkely to be required during the year for which such contract is to be given, and the bids shall be given for such number of each printed description of blanks, or of each article of stationery (including under the head of stationery, letter or writing paper, or envelopes, with printed headings or in- dorsements) as are specified, and for such additional number as may be required, giving the price for blanks of every de- scription, and the price of all other printing " per thousand ems," or for " rule and figure work ; " separate contracts shall be made with the lowest bidder for any one description of printing, or any article of stationery, involving an expense of more than five hundred dollars. Ten per centum of the amount becoming due, from time to time, shall be withheld by the comptroller until the comptfetion of the contract; and 630 LAWS OF NEW YORK in case the contractor shall fail to fulfill the same to the satis- faction of said board of city record, then said board may declare said contract to be annulled, and said board shall im- mediately give notice for other bids for such printing during the remainder of the term of contract. No judgment shall be recovered against The City of New York as constituted by this act, for printing or stationery done or furnished after April thirteenth, eighteen hundred and seventy-three, osten- sibly for the city of New York as heretofore known and bounded, unless done or furnished under a contract where, under the provisions of chapter three hundred and thirty- five of the laws of eighteen hundred and seventy-three, or of the laws in force at the tinie this act takes effect or of this act, a contract was or is necessary, or under a valid contract, or unless upon evidence of a contract made as provided in this section. Separate contracts may be made at any time for engraving, lithographing, wood-cuts, maps, or other picture work, as the same may be required ; but nothing here- in contained shall be construed to require a separate contract for each engraving, lithograph, or-wood-cut, or map, unless the board of city record shall deem the same advisable for the interest of the city. No more than two thousand copies of any message of the mayor, or report of any head of a department, and no more than one thousand copies of any report of a committee of the board of aldermen shall be printed apart from the City Record. There shall be published in the City Record within the month of January and within the month of July in each year a hst of all the officials and employes em- ployed in any of the departments, bureaus or offices of the city government, and of the counties therein contained, who have been or have become such officials or employes during the preceding six months. Said list shall contain the name, residence by street numbers, nature of position or service, date of entrance into the service or employment, date of ces- sation of such service or employment, if such has occurred during said period, salary or wages, and a distinct statement of the increase or decrease thereof during said period of each of said officials or employes. All changes of such officials or employes, or the amount of their salaries, with a distinct statement of the increase or decrease thereof, shall be so published within one week after they are made. It shall be the duty of all heads of departments or bureaus, or offices not in a department, to furnish to the person appointed to super- CHARTER OF NEW YORK CITY. 681 vise the publication of the City Record, everything required to be inserted therein. It shaU be the duty of the said person appointed to supervise the pubhcation of the City Record, on or before the first days of February and August respect- ively in each year, to certify to the comptroller that the several lists so required to be furnished have been furnished to him by said heads of department, bureaus, or offices, and the comptroller is hereby forbidden to pay the salary of any such head of department, bureau or office who has not fur- nished such list until the receipt by said comptroller of such certificate. The said person shall have the power to make requisitions in writing upon the heads of departments to fur- nish the information necessary to make up such list accord- ing to the rules prescribed by him and approved by the board of city record; and such information must be supplied by the department within ten days after such requisition. He shall have power to require such information in the same manner, every three months, and all other information in the control of said heads of departments, necessary to perform his duties, under this section. Fie shall include in his list the number of laborers, designating the department in which they are employed, and, if practicable, the numbers employed in the prosecution of specific works, and the amounts paid to them. He shall also cause to be printed in each issue of said City Record a separate statement of the hours during which all public offices in the city are open for business, and at which each court regularly opens and adjourns, as well as of the places where such offices are kept and such courts are held. The detailed canvass of votes, at every election, shall be published in the City Record. A Hst of the regis- tered plumbers shall be published in the City Record at least once in each year. The mayor may order the insertion of any official matter or report in the City Record. Nothing herein contained shall apply to the printing or supplies of stationery for The City of New York, as constituted by this act, where by the concurrent vote of the mayor, counsel to the corporation and comptroller, it shall be decided to have such printing done or such stationery furnished without con- tract let after advertisement for bids or proposals, but in such cases such printing shall be done and such stationery pro- Cured in the manner and on such terms and conditions as the said officers shall deem to be for the best interests of the city. 032 LAWS OF NEW YOKK- TITLE 3, General Provisions, Officers; not to be interested in contracts. §1533. No member of the board of aldermen, head of department, chief of bureau, deputy thereof or clerk therein, or other officer of the corporation, shall be or become interested directly or indirectly, as contracting party^ partner, stockholder or otherwise, in or in the performance of any contract, work, or business, or the sale of any article, the expense, price, or consideration of which is payable from the city treasury, or by any assessment levied by any act or ordinance of the board of aldermen; or in the purchase or lease of any real estate or other property belonging to or taken by the corporation, or which shall be sold for taxes or assessments, or by virtue of legal process at the suit of the said corporation. If any person in this section mentioned shall, during the time for which he was elected or appointed, knowingly acquire an interest as above described in any contract or work with the city, or any department or officer thereof, unless the same shall be devolved upon him by law, he shall, on conviction thereof, forfeit his office, and be punished for a misdemeanor. All such contracts in which any such person is or be- comes interested as above described shall, at the option of the comptroller, be forfeited and void. No person in this section named shall give, or promise to give, any portion of his com- pensation, or any money or valuable thing, to any officer of the city, or to any other person, in consideration of his having been or being nominated, appointed, elected, or employed as such officer, agent, clerk or employe, under the penalty of forfeiting his office and being forever disqualified from being elected, appointed, or employed in the service of the city, and shall, on conviction, be punished for a misdemeanor. Id.; may be summarily examined. § 1534. Any member of the board of aldermen, com- missioner, head of department, chief of bureau, deputy thereof or clerk therein, or other officer of the corpora- tion or person, may, .if a justice shall so order, be sum- marily examined upon an order to be made on applica- tion based on an affidavit of the mayor or of the comptroller, or any five members of the board of aldermen or any commissioner of accounts, or of any five citizens who are CHARTER OF NEW YORK CITY. 633 taxpayers, requiring such examination, and signed by any justice of the supreme court in the first or second judicial departments directing such examination to be pubhcly made at the chambers of said court in either of said judicial depart- ments, or at the office of said department, on a day and hour to be named, not less, however, than forty-eight hours after personal service of said order. Such examination shall be confined to an inquiry into any alleged wrongful diversion or misapplication of any moneys or fund, or any violation of the provisions of law, or any want of mechanical qualifications of any inspectorship of public work, or any neglect of duty in acting as such inspector, or any delinquency charged in said affidavit touching the office or the discharge or neglect of duty of which it is alleged in the application for said order that such member of the board of aldermen, head of de- partment or other aforementioned officer or person has knowledge or information. Such member of the board of aldermen, commissioner, head of department, clerk or other aforesaid officer or person shall answer such pertinent questions relative thereto, and produce such books and papers in his custody or under his control as the justice shall direct, and the examination may be continued from time to time, as such justice may order, but the answer of the party charged shall not be used against him in any criminal proceeding; provided, however, that for all false answers on material points he shall be subject to the pains and penalties of the crime of perjury. The proceedings may' be continued before any other justice in said judicial department, and other witnesses, as well as the parties making such appli- cation, may, in the discretion of said justice, be compelled to attend and be examined touching such alleged delinquencies. Such justice may punish any refusal to attend such examina- tion or to answer any questions pursuant to his order, as for a contempt of court, and shall have as full power and author- ity to enforce obedience to the order or directions of himself or any other justice, as any justice of the supreme court may now have, or shall possess, to enforce obedience or to punish contempt in any case or matter whatever, and shall impose costs upon those promoting such an examination, not exceed- ing two hundred and fifty dollars, if he thinks there was no probable cause for making the application hereinbefore pro- vided for, the said costs to be paid to the officer or person examined, and for wliich the said officer or person may have judgment and an execution. The examination hereinbefore 634 LAWS OF NEW YORK. provided for shall be reduced to writing, and be filed in the office of the county clerk of such county within the first or second judicial departments as the judge making the order for the examination shall direct at the time of making such order, and the examination so reduced to writing and filed shall be at all reasonable times accessible to the public, and notice of the same shall be given to the department in which said officer is employed. Barber shops may be open on Sunday. § 1535. The provisions of an act to regulate barbering on Sunday, being chapter eight hundred and twenty-three of the laws of eighteen hundred and ninety-five, permitting barber shops or other places where a barber is engaged in shaving, hair-cutting or other work of a barber, to be kept open, and the work of a barber to be performed therein until one o'clock of the afternoon of the first day of the week in The City of New York, as heretofore known and bounded, shall be ap- plicable to and be in full force and effect in all of the territory of The City of New York, as constituted by this act. Territorial operation of contracts, grants and franchises not extended. § 1538. This act shall not extend the territorial operation of any rights, contracts or franchises heretofore granted or made by the corporation known as the mayor, aldermen and commonalty of the city of New York, or by any of the mu- nicipal and public corporations which by this act are united and consolidated therewith, including the counties of Kings and Richmond, and the same shall be restricted to the limits respectively to which they would have been confined if this act had not been passed ; nor shall this act in any way vali- date or invalidate or in any manner affect sucli grants, but they shall have the same lep:al validity, force, effect and oper- ation and no other or greater than if this act had not been passed. Price of gas in Richmond and Queens counties. § 1539- J"^'^^ price of illuminating gas in the county of Richmond, and in the county of Queens, shall not be affected by this act. Platting of lands and dedication of streets and public places. § 1540. No map of the subdivision of lands or the platting thereof into streets or avenues and blocks within the limits of The City of New York shall hereafter be registered or become CHARTPJR OF NEW YORK CITY. 635 effectual and binding as a dedication of the streets, avenues or public places on such map or plat until such map or plat has been submitted by the owner to and approved by the board of estimate and apportionment, which in act- ing thereon shall examine and determine Vvhether the streets and avenues are of adequate and suitable width and laid out with due reference to connecting streets and avenues. Upon such approval the title of the owner or owners of the land to all streets, avenues and public places designated on the map or plat, shall immediately vest in fee in The City of New York in trust for the de£ignated public uses. Such map shall be filed in the office of the president of the borough where the lands affected by said subdivisions are located, and a copy thereof with the approval of the said board endorsed thereon shall be filed and recorded in the of- fice of the registrar of deeds or county clerk of the county in which the land is situated and indexed therein as deeds are now required by law to be indexed. The board of alder- men may from time to time pass appropriate ordinances not inconsistent with law and this act to carry the provisions of this section into effect and regulate proceedings there- under. Majority of boards of departments; quorum; powers. § 1 541. A majority of the members of a board in any de- partment of the city government, and also of the board for the revision of assessments, shall constitute a quorum to fully perform and discharge any act or duty authorized, pos- sessed by, or imposed upon any department or any board aforesaid, and with the same legal effect as if every member of any such board aforesaid had been present, except as here- in otherwise specially provided. Each board may, except as herein otherwise provided, choose, in its own pleasure, one of its members, who shall be its president, and one who shall be its treasurer, and may appoint a chief clerk or secretary. No expense shall be incurred by any of the departments, boards or officers thereof, unless an appropriation shall have been previously made covering such expense, nor any ex- pense in excess of the sum appropriated in accordance with law. Expenses not to exceed appropriation. § 1542. It shall be the duty of the heads of all departments and of all officers of said city, and of all boards and oflFi- cers charged with the duty of expending or incurring obli- 636 LAWS OF NEW YORK. gations payable out of the moneys raised by tax in said city, or any of the counties contained within its territorial limits, so to regulate such expenditures for any purpose or object, that the same shall not in any one year exceed the amount appropriated by the board of ^ estimate and apportionment for such purpose or object; and no charge, claim or liability shall exist or arise against said city, or any of the counties contained within its territorial limits, for any sum in excess of the amount appropriated for the sev- eral purposes. It shall be lawful, however, for the board of estimate and apportionment in its discretion, and upon the certificate of the district attorney of any such county that the public interests demand for the proper conduct of a criminal action of exceptional difficulty that an additional appropria- tion be made for that purpose, to make such appropriation and to authorize the comptroller to issue special revenue bonds to provide the necessary means therefor. Heads of departments; control over subordinates; removal. § 1543. The heads of all departments and all borough presi- dents (except as otherwise specially provided) shall have power to appoint and remove all chiefs of bureaus (except the chamberlain), as also all clerks, officers, employes and subor- dinates in their respective departments, except as herein other- wise specially provided, without reference to the tenure of office of any existing appointee. But no regular clerk or head of a bureau, or person holding a position in the classified municipal civil service subject to competitive examination, shall be removed until he has been allowed an oppor- tunity of making an explanation; and in every case of a re- moval, the true grounds thereof shall be forthwith entered upon the records of the department or board or borough president, and a copy filed with the municipal civil service. In case of removal, a statement showing the reason therefor shall be filed in the department. The number of all officers, clerks, employes, laborers and subordinates in every department shall be such as the heads of the respective depart- ments and borough presidents shall designate and approve, not exceeding the number limited by any ordinance of the board of aldermen. The duties of all such officers, clerks, employes, laborers and subordinates shall be such as the heads of the respective departments and borough presidents shall designate and approve, subject to the provisions of law and to the ordinances of the board of aldermen. The salaries CHAKTER OF NEW YORK CITY. 637 or wages of all such officers, clerks, employes, laborers and subordinates in every department shall be such as shall be fixed by the board of aldermen upon the recommendation of the board of estimate and apportionment in the manner provided in this act. Any head of department or borough president, may, with the consent of the board of estimate and apportionment, consolidate any two or more bureaus established by law, and may change the duties of any bureau ; and it shall be the duty of the head of the finance department to bring together all officers and bureaus authorized to receive money for taxes, assessments or arrears, in such manner that the payment of the same can be made, as nearly as practicable, at one time and place, and in one office. Every head of department or borough president, and every officer of any of the counties contained within the territorial limits of The City of New York, is em- powered to make ratable deductions from the salaries and wages of the employes and subordinates of his department or office on account of absences from duty without leave ; pro- vided, however, that nothing contained in this section shall affect departments or officers as to which other provision is made by this act for deductions for absences or disciplinary fines and penalties. Wherever in any department or institu- tion an office, position or employment is abolished, or made unnecessary through the operation of this act, or in any other manner, or whenever the number of offices, positions or em- ployments of a certain character is reduced, the person or persons legally holding the office or filling the position or em- ployment thus abolished or made unnecessary shall be deemed to be suspended without pay, and shall be entitled to reinstate- ment in the same office, position or employment, or in any corresponding or similar office, position or employment, if within one year thereafter there is need for his or their ser- vices. Whenever such offices, positions or employments are abolished or made unnecessary, it shall be the duty of the head of the department or institution to furnish the names of the person or persons affected to the municipal civil service com- mission, with a statement in the case of each of the date of his original appointment in the service. It shall be the duty of the municipal civil service commission forthwith to place the names of said persons upon a list of suspended employes for the office, or position or for the class of work in which they have been employed, or for any corresponding or similar office, position or class of work, and to certify the said persons for reinstatement, in the order of their original appointment, G38 LAWS OF NEW YORK. before making certifications from any other list. The failure of any person on any such Hst for reinstatement to accept, after reasonable notice, an ofifice or position in the same bor- ough and at the same salary or wages as the position formerly held by him shall be held to be a relinquishment of his right to reinstatement as herein stated. Id.; to render reports; publication. § 1544. The said departments, borough presidents and all commissioners appointed by the mayor, pursuant to the provi- sions of this act, and not constituting heads of departments, shall once in three months, and at such other times as the mayor may direct make to him, in such form and under such rules as he may prescribe, reports of the operations and action of the same and each of them, which reports shall be published in the City Record. The said departments, borough presi- dents, and commissioners shall always, when required by the mayor, furnish to him such information as he may demand, within such reasonable time as he may direct. Id.; to furnish copies of papers on demand. § 1545. The heads of ail departments, except the police and law departments, and the chiefs of each and every bureau of said departments, or any of them, except the police and law departments and all borough presidents, shall, with reasonable promptness, furnish to any taxpayer desiring the same, a true and certified copy of any book, account or paper kept by such department, bureau or officer, or such part thereof as may be demanded, upon payment in advance of five cents for every hundred words thereof by the person demanding the same. All books, accounts and papers in any department or bureau thereof, except the police and law departments, shall at all times be open to the inspection of any taxpayer, subject to any reasonable rules and regulations in regard to the time and manner of such inspection as such department, bureau or officer may make in regard to the same, in order to secure the safety of such books, accounts and papers, and the proper use of them by the department, bureau or officer; in case such inspection shall be refused, such taxpayer, on his sworn petition, describ- ing the particular book, account or paper that he desires to inspect, may, upon notice of not less than one day to such department, bureau or officer, apply to any justice of the supreme court for an order that he be allowed to make such inspection as such justice shall by his order authorize, and such order shall specify the time and manner of such inspection. CHARTER OF NEW YORK CITY. 639 Records to be kept and abstracts published. § 1546. In every department, office of a borough president or board there sliall be kept a record of all its transactions, which shall be accessible to the public, and once a week a brief abstract, omitting fornial language shall be made of all trans- actions, and of all contracts awarded and entered into for work and material of every description, which abstracts shall contain the name or names and residences by street and num- ber, of the party or parties to the contract, and of their sure- ties, if any. A copy of such abstract shall be promptly trans- mitted to the person designated to prepare the City Record, and shall be published therein. Notice of all appointments and removals from office, and all changes of salaries, shall in like manner, within one week after they are made, be trans- mitted to and published in the City Record. Certificates of appointments. § 1547. Every person who shall be appointed or elected to any office under the said city shall receive a certificate of ap- pointment, designating the term for which such person has been appointed or elected. Official oath. § 1548. Every person elected or appointed to any office under the city government shall, within five days after notice of such election or appointment, take and subscribe, before the mayor or any judge of a court of record, an oath or affir- mation faithfully to perform the duties of his office; which oath or affirmation shall be filed in the office of the city clerk. Officer not to hold any other civil office. § 1549. Any person holding office, whether by election or • appointment, who shall, during his term of office, accept, hold, or retain any other civil office of honor, trust, or emolument under the government of the United States (except commis- sioners for the taking of bail, or register of any court), or of the state (except the office of notary public or commissioner of deeds, or officer of the national guard), or who shall hold or accept any other office connected with the government of The City of New York, or who shall accept a seat in the legis- lature, shall be deemed thereby to have vacated any office held by him under the city government. No person shall hold two city or county offices, except as expressly provided in this act ; nor shall any officer under the city government hold or retain 640 LAWS OF NEW YOKK. an office under the county government, except the office of supervisor, or when he holds such office ex officio, by virtue of an act of the legislature; and in such case shall draw no salary for such ex officio office. Officers; when may receive and retain fees. § 1550. No officer of the city government, except the city marshals, shall have or receive to his own use any fees, per- quisites or commissions or any^ percentage ; but every such officer shall be paid by a fixed salary, and all fees, percentages, and commissions received by any such officer shall be the property of the city. And every officer who shall receive any fees, per- quisites, commissions, percentages, or other money which should be paid over to the city, shall, before he shall be entitled to receive any salary, make under oath a detailed return to the comptroller showing the amount of all such fees, commissions, percentages, perquisites and moneys received by him since the last preceding report, the person from whom received, and the reason for its payment, and shall produce the receipt of the chamberlain, showing the payment to him, by said officer, of the aggregate amount thereof. All sums received as above, or for licenses or permits, except as in this act otherwise express-y provided, shall be paid over weekly, without deduction by the officers or department receiving them, to the chamberlain, and a detailed return under oath shall at any time be made in such form as the comptroller shall prescribe, stating when and from whom, and for what use such moneys were received. No city officer who is paid a salary for his services from the city treasury shall receive to or for his own use any fees, costs, allowances, perquisites of office, commissions, percent- ages, or moneys paid to him in his official capacity; but all fees, costs, allowances, perquisites, commissions, percent- ages and moneys so paid or received by any such officer or person, shall be the property of the city and shall be paid by him into the city treasury; and every such officer or person who shall receive any fees, perquisites, commissions, percentages, or other moneys which belong to the city, and should be so paid into the treasury, shall, before he shall be entitled to receive or to be paid his salary, make under oath a detailed statement and return to the comptroller in such form as he may prescribe, showing the amount of all such moneys received by him since the last preceding statement and returns, and shall produce a receipt showing the payment of such sum into the treasury. The comptroller may require any such person CHARTER OF NEW YORK CITY. 641 or officer to make such statement and return to him, if it be not made as herein provided, and may examine any such officer or person under oath touching the amount of any fees, costs, allow- ances, perquisites, commissions, percentages or moneys paid to or received by him in his official capacity. Id.; defrauding. § 155 1. Any officer of the city government, or person em- ployed in its service, who shall wilfully violate or evade any of the provisions of law, or commit any fraud upon the city, or convert any of the public property to his own use, or know- ingly permit any other person so to convert it, or by gross or culpable neglect of duty allow the same to be lost to the city, shall be deemed guilty of a misdemeanor, and, in addition to the penalties imposed by law, and on conviction, shall forfeit his office, and be excluded forever after from receiving or holding any office under the city government ; and any person who shall wilfully swear falsely in any oath or affirmation required by this chapter shall be guilty of perjury. Money not to be paid to sectarian schools; public property; how disposed of. § 1552. No money belonging to the city raised by taxation upon the property of the citizens thereof, shall be appropriated in aid of any religious or denominational school, neither shall any property, real or personal belonging to said city, be dis- posed of to any such school, except upon the sale thereof at public auction, after the same has been duly advertised, at which sale such school shall be the highest bidder, and upon payment of the sum so bid into the city treasury ; neither shall any property belonging to the city be leased to any school under the control of any religious or denominational institu- tion, except upon such terms as the city property may be leased to private parties after the same has been duly adver- tised. Property to be sold at auction. § 1553. All property sold other than land under water shall be sold at auction, after previous public notice, under the superintendence of the appropriate head of department. The proceeds of all sales made under and by virtue of this act shall, except as herein otherwise specially provided, be by the officer receiving the same immediately deposited with the 642 LAWS OF NEW YOKK. chamberlain; and the account of sales, verified by the officer making the sales, shall be immediately filed in the office of the comptroller. Patented articles; how supplied. § 1554. Except for repairs no patented pavement shall be laid and no patented article shall be advertised for, contracted for or purchased, except under such circumstances that there can be a fair and reasonable opportunity for competition, the conditions to secure which shall be prescribed by the board of estimate and apportionment. Special provision as to papers formerly filed in offices of town clerks. § 1555. Except as otherwise provided by this act, all papers now required by law to be filed and recorded in the town clerk's office in any of the towns by this act united and con- solidated into The City of New York, shall after this act takes effect, be filed and recorded in the office of the clerk of the county in which such town is situated, and all such papers filed and recorded in any town clerk's office of such towns, and the records thereof shall, immediately after this act takes effect, be deposited in such county clerk's office by the town clerks of such towns, and shall remain of record therein. Code of ordinances; when to be prima facie evidence. § 1556. A code or other volume containing either the ordi- nances or by-laws of the city published by authority of the board of aldermen shall be prima facie evidence in all courts of justice of the authenticity of such ordinances or by-laws. Responsible guaranty company may act as surety. § 1557- Wherever this act provides for the giving of an official bond with surety or sureties, such surety or sureties may consist of a responsible guaranty company, provided the same shall be satisfactory to, and be approved by, the officer or officers, or body whose duty it is to approve such bond or sureties. Tenure of office. § 1558. All officers elected or appointed under this act shall, unless otherwise expressly provided and unless sooner re- moved, hold their respective offices until their successors are respectively elected or appointed and have qualified. CHARTER OF NEW YORK CITY. G43 Publication to be made in City Record, unless otherwise provided. § 1559. All publications required by this act shall, unless otherwise provided, be published in the City Record, and one publication therein shall be sufficient, unless it is herein other- wise prescribed. Pensioners not to hold offices, etc. § 1560. No person now receiving or who may hereafter receive any pension from The City of New York or any of the departments thereof, or out of any fund under said city or any of its departments, shall hold any office, employment or position under The City of New York or any of the coun- ties included within said city. Any officer, subordinate or employe of said city or any of its departments or any of the counties included within said city now in receipt of any such pension shall forthwith forfeit such office, position or em- ployment. Officers and employes not to perform work outside public employ- ment. § 1 561. No officer or employe of The City of New York or of any of the counties comprised within its territorial limits, shall detail or cause any officer, employe or subordi- nate of the city or of any of said counties to do or perform any service or work outside of his public office, work or employ- ment ; and any violation of this section shall constitute a mis- demeanor punishable by a fine of not more than five hun- dred dollars, or by imprisonment for not more than one year. Waters and shores to be kept pure and clean. § 1562. No swill, garbage, dead animals, decayed or other vegetables or fruits, bedding or refuse or rubbish of any kind or any light or offensive soil or material that will not settle in the water when dumped shall be dumped or deposited in the waters of the port of New York or in the ocean, sea, rivers or waters adjoining The City of New York, or in the waters of New York harbor, or New York bay, or in the Hudson river, the East river. Long Island sound, and waters adjacent thereto west of the middle ground shoal, or in the navigable waters lying between said sound and the East river, nor in the waters bounding or adjoining the port or harbor of New York, or the upper bay; nor shall any article or thing that is liable to convey disease or is putrid, unwholesome, noxious or dangerous to the 644 LAWS OF NEW YOKK. public health, or calculated to defile or to render unclean the coast or shores of The City of New York, be cast, thrown, placed, deposited or suffered or permitted to be placed or deposited in said waters, or placed or suffered to be placed where said water would ordinarily or naturally rise upon, take or receive them, excepting, however, the ordinary discharge of sewers constructed under the authority of the laws of the state within which they are located. This section shall not apply to the erection or construction of any pier, dock, bulk- head or the making, by filling in, in a proper manner, of the land, in case where the erection of such piers, docks, or bulk- heads, or making, by filling in, of land is now authorized by the laws of the state ; nor to works undertaken by the govern- ment of the United States in the port and harbor of The City of New York, or authorized by the laws of the state of New York. Any pilot, harbor master or port warden of the port of New York, the police of The City of New York, or any city marshal or constable within The City of New York, shall have power to arrest all persons and deliver into custody any person or persons taken in the act of violating any of the pro- visions of this section. Illegal to assist in towing or sailing vessels laden with garbage, etc. § 1563. It shall not be lawful for any person or persons to sail, navigate, or move, or to aid, direct, or assist in sailing, navigating or moving, any boat or vessel engaged in the trans- portation of any dead animal, carrion, offal, or any putrid, offensive refuse, decaying or decayed vegetable or animal mat- ter, or any garbage or sweepings, taken from the streets of any city, upon the waters referred to in the last section for the purpose of being dumped or deposited in said waters; and it shall not be lawful for any steam vessel to tow or carry any of the articles mentioned in this or the last section. Penalties for violation of two last sections. § 1564. Any person offending against the provisions of the two preceding sections shall be deemed guilty of a misde- meanor, and liable to imprisonment for a term of not less than six months or to a fine of not less than five hundred dollars, in the discretion of the court, for each and every offense, and may be arrested by the authorities of the city or of either of the counties of New York, Kings, Queens, Westchester or Richmond. The courts in said counties re- CHARTER OF NEW YORK CITY. 645 spectively shall have power and jurisdiction to try said of- fenders, whether the offense be committed within their re- spective counties or not. Out of any moneys received for fines, such sum or sums shall be allowed and paid for the ex- penses and disbursements attending the arrest, as the court or magistrate may deem reasonable and proper. The owner or owners or charterer of any vessel used in violation of the preceding sections shall be liable to The City of New York in a penalty of one thousand dollars for each ofifense, and an action may be brought for the recovery thereof in the name of The City of New York. Public armories; armory board; president of the board or aldermen to be a member of; its duties. § 1565. All powers and duties relating to the construction, repairs and maintenance of and to public armories in The City of New York, and to the purchase of supplies therefor, so far as the same have heretofore been conferred upon the commis- sioner of public buildings, lighting and supplies by chapter two hundred and twelve of the laws of eighteen hundred and ninety-eight, known as " the military code," are hereby de- volved upon the armory board having jurisdiction within The City of New York, as in said military code provided. The powers and duties heretofore exercised by the commissioner of public buildings, lighting and supplies as a member of said armory board are hereby devolved upon the president of the board of aldermen, who shall be a member of said armory board. TITLE 4. Coroners, Coroners to be elected in the boroughs. § 1570. Four coroners shall hereafter be elected in the borough of Manhattan, two in the borough of The Bronx, two in the borough of Brooklyn, two in the borough of Queens and one in the borough of Richmond. They shall be elected in the same manner and at the same general elections as are the sheriffs in the several counties in which such boroughs are situated, shall hold their respective offices for the term of four years and shall be removable in the same manner as sheriffs. The coroners in the borough of Man- hattan shall hereafter keep open on every day in the year, LAWS OF NEW YOKK. including Sundays and legal holidays, the coroner's office in such borough, with a clerk in constant attendance at all times of the day and night. Id.; officers and subordinates provided for; salaries and compensation. § 1 571. The coroners in each borough shall have an office in said borough and shall appoint a clerk who shall receive an annual salary to be fixed by the board of estimate and apportionment and the board of aldermen, and such and so many assistant clerks as shall be provided for in the annual budget. They shall also appoint a stenographer in each borough whose duty it shall be to take accurate and full stenographic minutes and tran- scribe the same, of all proceedings and testimony taken be- fore a jury in any coroner's court, held by any one of said coroners. Each of said coroners shall possess all the powers and perform all the duties vested in or imposed upon coro- ners by any existing laws relating to coroners in The City of | New York as heretofore known and bounded, or by any law of this state. The salaries or other compensation of said coroners shall be fixed by the board of estimate and appor- tionment and the board of aldermen. CHAPTER XXIV. Provisions Relating to the Counties and Repeal Pro- visions. Title I. Provisions relating to the counties. Title 2. Repeal provisions. title I. Provisions Relating to the Counties, Wards in the borough of Brooklyn; how designated. § 1577. The wards of the former city of Brooklyn are here- by continued, with their present boundaries and numbers, and shall be known and designated as wards of the borough of Brooklyn. Wards in boroughs of Manhattan and The Bronx; how designate*. § 1578. The wards of the corporation heretofore known as the mayor, aldermen and commonalty of the city of New York are hereby continued, with their present boundaries and num- CHAKTEIi OF NEW YOKK CITY. 647 bers, and shall be known and designated as wards of the bor- ough of Manhattan and The Bronx, respectively. Towns and villages in Richmond county abolished. § 1579. The five towns and all the incorporated villages within the county of Richmond are hereby abolisned. Wards in the borough of Richmond. § 1580. The territory included within the towns of Castle- ton, Middletown, Northfield, Southfield and Westfield, in the county of Richmond, shall, in the order named, be known and designated as wards one, two, three, four and five, respectively, of the borough of Richmond. Towns in Queens county abolished; wards in borough of Queens. § 1581. The towns of Newtown, Flushing and Jamaica, and all the incorporated villages in that part of the county of Queens included within The City of New York, as constituted by this act, are hereby abolished. The territory heretofore known as Long Island City shall be known as ward one of the borough of Queens; the town of Newtown as ward two of said borough ; the town of Flushing as ward three ; the town of Jamaica as ward four ; and that part of the tow^n of Hemp- stead included within The City of New York, as constituted by this act, shall be known as ward five of the said borough of Queens. But the supervisors of said towns who are in office when this act takes effect shall serve out their respective terms of office as supervisors of the wards in which they respectively reside, and shall continue to be members of the board of supervisors of the county of Queens. Board of aldermen; power to change boundaries. § 1582. The board of aldermen may from time to time by ordinance change the boundaries of wards and create other wards as the public good and convenience may require. Salaries of county officers in New York, Richmond, Queens and Kings counties; how met. § 1583. The salaries of all county officers in the counties of New York, Kings, Queens and Richmond shall unless other- wise provided by law be fixed by the board of aldermen on the recommendation of the board of estimate and apportionment, and all county charges and expenses and salaries of county officers in said counties and each of them 048 LAWS OF NEW YORK. shall be audited and paid by the department of linance out of the fund or appropriation applicable thereto, and the audit of said department in respect to such charges and expenses shall extend to the reasonableness thereof and shall be, in all respects, as full and complete as the audit of city charges and expenses provided for by section one hundred and forty- nine of this act; but nothing in this section contained shall be construed as in any way changing or modifying the provision contained in section nine hundred and two of this act, to the effect that the sums necessary to defray the salaries of county officers and to pay county charges and expenses in said counties shall be levied and assessed upon the property of said four counties, respectively, so that each shall ultimately bear and pay all its own county charges, nor to affect the county of Queens until after the thirty-first day of December, eighteen hundred and ninety-nine. Election of county officers required by the constitution not affected. § 1584. Nothing in this act contained shall be deemed to interfere with or hereafter prevent the election, under and pursuant to laws relating thereto, of all county officers required by the constitution of the state, to be elected in either of the counties, in whole or in part, included within The City of New York, as constituted by this act. Public administrator of the county of New York, § 1585. Upon the taking effect of this act, the oflficial desig- nation of the public administrator in the city of New York, as heretofore known and bounded, shall be the public adminis- trator of the county of New York, and such ofBcer shall con- tinue a county officer with the powers, duties and obligations now prescribed by law, and the present provisions of law and the present ordinances relating to said public administrator shall not be affected by anything herein contained. Devolution of powers vested in boards of supervisors in New York, Kings, Queens and Richmond counties. § 1586. Any and all of the powers and duties of the several boards of supervisors heretofore existing in any of the counties within the territory of The City of New York not transferred or devolved upon adminis- trative departments, boards, commissions, officers or other functionaries, are hereby vested in the board of aldermen of The City of New York. OHARTER OF NEW YORK CITY. 649 The office of county treasurer in the counties of Kings, Queens and Richmond abolished. § 1587. The office of the county treasurer of the county of Richmond is hereby aboHshed, and after the thirty-first day of December, eighteen hundred and ninety-nine, the office of the county treasurer of the county of Queens shall cease to exist, and after the thirty-first day of December, nineteen hundred and one, the office of county treasurer of the county of Kings shall cease to exist, and all the powers, duties and obligations of said county treasurers are hereby devolved upon the comp- troller of The City of New York as constituted by this act, except as otherwise provided by section one hundred and ninety-seven of this act. The clerical force and employes of the county treasurer of Kings county shall be assigned by the comptroller of The City of New York on January first, nine- teen hundred and two, to corresponding positions and duties in the department of finance as nearly as may be without preju- dice or advantage ; provided, however, that nothing herein con- tained shall be construed to repeal, limit, modify or abridge any provisions of law or civil service regulations relative to the removal of subordinates by public officers or heads of depart- ments, nor to afifect the right of abolishing unnecessary posi- tions. Disposition of real and personal property owned by or held in trust for the town of Hempstead. § 1590. All the real property owned by the town of Hemp- stead and sitiiated in that part of said town included within The City of New York, as constituted by this act, is hereby vested in the said city of New York and divested out of the town of Hempstead, and all of the real property owned by the town of Hempstead and situated elsewhere in said town is hereby vested in the town of Hempstead and divested out of the said city of New York. All of the property owned by the town of Hempstead other than real property, including money, investments, securities on investments and money held in trust for the benefit of said town, directly or indi- rectly, shall be divided between the said town and The City of New York, as constituted by this act, and the proportion of the same to which each shall, in equity and good conscience, be entitled to receive upon such division, shall be ascertained and determined by agreement by and between the town board of the town of Hempstead, upon the one side, and the mayor and the municipal assembly of the said city of G50 LAWS OF NEW YORK. New York, upon the other side, and in case of their inabihty to agree upon such division within six months after this act shall take effect, the supreme court in the third judicial district is hereby empowered to divide the same between them and to ascertain and award to each its equitable proportion thereof, and to enforce its determina- tion thereon, and either of the said municipalities may insti- tute and prosecute, in its own name, an action in equity in said court for that purpose after the expiration of six months and before the expiration of one year after this act takes effect. Proportion of funds and moneys received by the city which should be returned to Queens county, or paid to the comptroller of the state; how determined. § 1 59 1. The mayor and municipal assembly of The City of New York, as constituted by this act, and the board of supervisors of the county of Queens, are also author- ized and empowered to determine what proportion of the funds and moneys that may be received by The City of New York, pursuant to the provisions of this act, from any officer of any of the municipal and public corpora- tions or parts of municipal and public corporations within the county of Queens, and hereby consolidated with the corpora- tion heretofore known as the mayor, aldermen and common- alty of the city of New Y'ork, should be refunded or repaid to the county of Queens, as representing taxes levied and assessed for the payment of county charges and expenses within said county, and in like manner what proportion of said moneys that may be so received, were levied for state taxes payable by said county of Queens for the year eighteen hundred and ninety-eight, and should therefore be turned over to the comptroller of the state in payment and discharge of said county's obligation to the state in that regard for the year eighteen hundred and ninety-eight. If the mayor and the municipal assembly, and the said board of super- visors of the county of Queens be unable within three months after this act takes effect to agree as to any or either of said matters, then the supreme court of the third judicial district shall have power to determine in each case where a disagreement occurs upon said matters, and each of them, and to enforce such determination and deci- sion in a suit in equity, to be brought in the name of the supervisors of said countv of Queens, or of the comptroller CHARTER OF NEW YORK CITY. 651 of the state, as the case may be, not less than six months nor more than one year after this act takes effect. Comptroller of state to transmit to the city a statement of the state tax to be paid by New York, Kings, Queens and Richmond counties; how levied and collected. § 1595. It shall be the duty of the comptroller of the state annually to transmit to the comptroller of The City of New York, as hereby constituted, for levy and collection by said city, a statement of the amount of tax for state purposes to be paid by the counties of New York, Kings, Queens and Richmond, respectively. The amount, of which a statement is thus trans- mitted by the comptroller of the state to the comptroller of said city, shall be levied upon and collected from the entire property within the territorial limits of said city in like manner as other expenses of said city. TITLE 2. Repeal Provisions — Effect of this Act, Inconsistent provisions of consolidation act repealed. § 1608. The act of the legislature of the state of New York, passed July first, eighteen hundred and eighty-two, known as the New York city consolidation act of eighteen hundred and eighty-two, and acts amendatory thereof, and supplemental thereto, and other acts of the legislature of the state of New York now in force relating to or affecting the local government of The City of New York, as heretofore con- stituted, are hereby repealed so far as any provisions thereof are inconsistent with the provisions of this act, or so far as the subject matter thereof is revised or included in this act, and no further. So far as the provisions of this act are the same in terms or in substance and effect as the provisions of- the said consolidation act, or of other acts of the legislature now in force relating to or affecting the municipal and public corporations, or any of them herein united and consolidated, this act is intended to be not a new enactment, but a continua- tion of the said consolidation act of eighteen hundred and eighty-two, and said other acts, and is intended to apply the provisions thereof as herein modified to The City of New York as herein constituted, and this act shall accordingly be so con- strued and applied. 652 LAWS OF NEW YORK. Omission of previous acts not to be construed as repealed. § 1609. The mere omission from this act of any previous • acts or of any of the provisions thereof, including said consoli- dation act of eighteen hundred and eighty-two, relating to or affecting the municipal and public corporations or any of them which are herein united and consolidated, shall not be held to be a repeal thereof. Acts applicable to The City of New York. § 1 610. All the provisions of all acts of the legislature of the state of New York, including said consolidation act of eighteen hundred and eighty-two, of a general and permanent character, relating to the corporation heretofore known as the mayor, aldermen and commonalty of the city of New York, in force at the time this act goes into effect, which are con- sistent with this act and its purposes, and which are not revised and included in or the subject matter thereof covered by this act, are hereby extended to The City of New York as herein constituted, so far as they are consistent with this act, and are not in their nature locally inapplicable to other portions of the city than the corporation heretofore known as the mayor, aldermen and commonalty of the city of New York. And the provisions of law thus extended to The City of New York as herein constituted shall apply to said city throughout its whole extent, anything to the contrary notwithstanding con- tained in the charter of any of the municipal or public corpora- tions or laws relating thereto, which are by this act united and consolidated with the corporation heretofore known as the mayor, aldermen and commonalty of the city of New York. To take effect January i, 1898. § 161 1. For the purpose of determining the effect of this act upon other acts and the effect of other acts upon this act, this act shall, except as in this section is otherwise provided, be deemed to have been enacted on the first day of January, in the year eighteen hundred and ninety-eight. This act shall take effect on the first day of January, eighteen hundred and ninety-eight; provided, however, that where by the terms of this act an election is provided or required to be held or other act done or forbidden prior to January first, eighteen hundred and ninety-eight, then as to such election and such acts, this act shall take effect from and after its passage, and shall be in force immediately, anything in this chapter or act to the contrary notwithstanding. CHAKTER OF NEW YOKK CITY. 653 Invalidity of one section not to invalidate any other section. § i6i2. The invalidity of any section or provision of this act shall not invalidate any other section or provision thereof. Interregnum; how prevented. § 1 613. To guard against the inconvenience and effects that might arise from the changes in local government effected by this act, and to prevent an interregnum, and otherwise to carry out the purposes and provisions of this act, it is hereby enacted that until this act and its several provisions shall take effect all existing acts shall remain in force, and all officers in office when this act takes effect shall remain in office until their successors are respectively elected and appointed and shall have qualified under the provisions of this act. And for the purposes aforesaid as well as for any other purpose necessary or proper to effectuate the scheme and objects of this act, and to carry into effect the powers granted by this act to The City of New York, the municipal assembly shall have power by ordinances to make from time to time all such provisions con- cerning the local rule and government of The City of New York as herein constituted, and each and all of its departments as it may find necessary or deem needful not inconsistent with the constitution and laws of the state and the express provi- sions of this act. Existing rights and remedies preserved. § 1 614. No right or remedy of any character shall be lost or impaired or affected by reason of this act. This act shall not aft'ect or impair any act done or right accruing, accrued or acquired, or penalty, forfeiture or punishment incurred prior to the time when this act takes effect or by virtue of any laws repealed or modified by this act, but. the same may be asserted, enforced, prosecuted or inflicted as fully and to the same extent as if this act had not been passed or said laws had not been repealed or modified; and all actions, suits, proceed- ings or prosecutions under the New York city consolidation act of eighteen hundred and eighty-two, or amendments thereof, or other laws relating to The City of New York and herein repealed or modified, or under any charter or law re- lating to any of the municipal and public corporations which are herein united and consolidated, and pending when this act takes effect, including the counties of Kings and Richmond, may be prosecuted and defended to final effect in the §ame manner as they might under the laws then existing, unless 654 LAWS OF NEW YOKK. herein otherwise specially provided; and such actions, suits, proceedings or prosecutions may be continued without change of name or title, or on motion The City of New York may be substituted as plaintiff or defendant, as the case may be, in the place of the existing party to whose rights and obligations the said City of New York has by force of this act succeeded. The corporation counsel shall assume the charge, direction and control of all such actions, suits and proceedings in behalf of The City of New York. All future suits by or against The City of New York as herein constituted or against any of the municipal and public corporations in this act united and con- solidated shall be in the corporate name of " The City of New York." Powers of corporations consolidated devolved upon The City of New York. § 1615. Upon the taking effect of this act on the first day of January, eighteen hundred and ninety-eight, all the munici- pal and public corporations, except counties, which by this act are consolidated with the corporation heretofore known as the mayor, aldermen and commonalty of the city of New York, shall cease and determine, and their powers to the full extent of legislative power in this behalf are respectively devolved upon the corporation of The City of New York as herein con- stituted and the municipal assembly thereof, unless other- wise expressly provided in this act or by law. And all offices forming part of the local government of the said municipal and public corporations and parts thereof, including cities, villages, towns and school-districts, but not including counties, which, by the first section of this act, are united and consolidated into The City of New York as herein constituted, are hereby abolished as to all the territory embraced within the limits of said city, except as herein otherwise expressly provided. The foregoing does not include the office of recorder of the former city of New York, which is hereby continued under the name and title of recorder of the county of New York. Forfeiture or loss of property not worked. § 161 6. Neither the above nor any other provisions of this act shall work any forfeiture or loss of any property or rights therein or relating thereto held in trust by said municipal and public corporations or any of them, or to which they or any CHARTER OF NEW YORK CITY. 055 of them are or may be entitled ; and The City of New York as herein constituted is hereby declared to be the successor in respect of such property and rights of the said municipal or public corporation to which the same was granted; and the said city of New York shall hold the same, as well as all other property and rights to which such corporation may be enti - tled, as successor, on the same trusts and charged with the same duties as the municipal or public corporation to which it was granted. Franchises and other grants not affected. § 1617. Neither this act nor anything contained therein shall affect any grants of franchises or properties or rights of any nature in, to or concerning property of any character or other grants made by the Nicolls' charter, the Dongan charter, the Cornbury charter, the Montgomerie charter, by the con- firmatory act passed the fourteenth day of October, seventeen hundred and thirty-two, or by any other charter or act granted to the corporation known as the mayor, aldermen and com- monalty of the city of New York, by the state of New York, or granted by said state to the city of Brooklyn or to any of the other municipal and public corporations which are herein united and consolidated into The City of New York, and each and all of said grants are to all intents and purposes hereby ratified, granted, confirmed and extended to The City of New York as constituted by this act. This act; how repealed or amended. § 1 618. This act or any section or provision thereof shall not be deemed to be repealed or amended by any act of the legislature, unless it be so expressly stated, or the legislative intention to that effect is unmistakable. Chapter 942 of the Laws of 1896 not repealed. § 1 61 9. Nothing in this act contained shall be deemed to repeal the provisions of chapter nine hundred and forty-two of the laws of eighteen hundred and ninety-six. This act a public act. § 1620. This act, providing for uniting into one munici- pality various communities, including the city and county of New York, the city of -Brooklyn, the county of Kings, the county of Richmond, and part of the county of Queens with 656 LAWS OF NEW YORK. the municipal and public corporations therein, as in this act provided, is intended to be and shall be deemed and held in all courts and jurisdictions to be a public act, of which the courts shall take judicial notice. And this act shall be con- strued not as an act in derogation of the powers of the state but as one intended to aid the state in the execution of its duties by providing, subject to the constitution and laws of the state and the provisions and limitations herein contained, an adequate scheme of local government for the communities and people affected, through the instrumentality of the corpo- rate body herein constituted under the name of " The City of New York." Section Two. The several sections of the said chapter three hundred and seventy-eight of the laws of eighteen hun- dred and ninety-seven, the numbers and titles of which are set forth in the first schedule annexed to this act entitled The First Schedule. Sections of the Greater New York Charter Repealed," are and each of them is hereby repealed. The repeal of any of the "sections mentioned in the said First Schedule shall not affect or impair any act done or right accruing, accrued or acquired, or penalty, forfeiture or punish- ment incurred prior to January first, nineteen hundred and two, under or by virtue of the sections so repealed* but the same may be enjoyed, asserted, enforced, prosecuted or in- flicted as fully and to the same extent as if such sections had not been repealed; and all actions or proceedings, civil or criminal, commenced under or by virtue of the sections so repealed, and pending December thirty-first, nineteen hun- dred and one, may be prosecuted and defended to final effect in the same manner as they might under the sections of the said chapter three hundred and seventy-eight of the Laws of eighteen hundred and ninety-seven then existing, unless it shall be otherwise specially provided by law. The provis- ions of this act, so far as they are substantially the same as those of laws existing on December thirty-first, nineteen hundred and one, shall be construed as a continuation of said laws, modified or amended according to the language em- ployed in this act, and not as new enactments, and shall be applicable to all matters contained in the several sections of the said chapter three hundred and seventy-eight of the laws of eiohteen hundred and ninety-seven which are repealed, modified or amended by this act. References in laws not repealed to provisions of law incorporated into this act and repealed shall be construed as applying to the provisions so incorporated. Whenever by the provisions of this act a CHARTER OF NEW YORK CITY. 657 section which is repealed hereby and the number and title of which is contained in the First Schedule annexed to this act has been replaced by a section containing the same num- ber, the repeal of the former section shall in nowise affect or impair the full force, effect and vaHdity of the new section so substituted by the same number. Section Three. The several sections of the said chapter three hundred and seventy-eight of the laws of eighteen hun- dred and ninety-seven, the numbers and titles of which are set forth in the Second Schedule annexed to this act entitled "Second Schedule. Sections to remain in force until changed by the Board of Aldermen," are and each of them is hereby continued in full force and effect until the board of aldermen as constituted by the foregoing provisions of this act shall pass ordinances regulating the matters provided for in the said several sections mentioned in the Second Schedule, all of which ordinances the said board of aldermen is hereby ex- pressly empowered to pass. Upon the passing of any such ordinances regulating the matters provided for in any one of the said sections respectively, such section shall cease to have any force or effect, and the same is and shall be repealed. Section Four. At the general election to be held in The City of New York in the year nineteen hundred and one there shall be elected, as provided in the Greater New York Charter as amended by this act, a mayor, a comptroller, a president of the board of aldermen, presidents of the several boroughs, and coroners and members of the board of aldermen, and city . magistrates in the second division of said city, to the number herein provided, all of whom shall hold office for the terms and possess the powers and perform the duties specified in said Charter as amended by this act. Section Five. This act shall take effect on the first day of January, in the year nineteen hundred and two. Pro- vided, however, that section nineteen of the Greater New York Charter as amended by this act, entitled "Aldermanic Districts," shall take effect immediately; and provided that where by the terms of the Charter as hereby amended it is provided that any act shall be done or forbid- den prior to January first, nineteen hundred and two, then as to such act this act shall take effect from and after its passage and shall be in force immediately, any- thing in this chapter to the contrary notwithstanding. And provided, further, that the board of estimate and apportion- ment as now constituted and the municipal assembly of The City of New York shall during the year nineteen hundred 658 LAWS OF NEW YORK. and one make appropriations for the year nineteen hundred and two, so far as practicable, as though this act had fully taken effect at the time of preparing the annual budget for the year nineteen hundred and two. THE FIRST SCHEDULR. Sections of the Greater New York Charter Repealed. Section. Title. II . .Expense of public schools for the year 1898. 19. .Council, how chosen; council districts. 20. .Term of oftice of members of the council. 21 . .Mayor, an ex officio member of the council. 24. .Board of aldermen, how constituted; term of ofHce; vacancies, how filled; salary. 26. .Id.; how president elected and removed. 43 . . Id. ; to restrict height of buildings. 51. .Id. ; licenses to second-hand dealers; penalty for vio- lating ordinance. 52. .Id.; designating common jails. 53. .Id.; assignment of places for holding courts of gen- eral and special sessions and magistrates' or pohce courts. 54..Id. ; assignment of places for holding municipal courts. 102. .Department of buildings. 128.. Bureau of municipal statistics. 129.. Bureau; how constituted. 130. .Chief of bureau to be appointed by the mayor. 131 . .Municipal statistical commission; how^ constituted. 132. .Meetings of commission; quorum. 133. .Place of meeting. 134. . Compensation of chief of bureau and his assistants and of the commission. 135. .Power and duties of the commission. 136. .Powers and duties of chief of bureau. 137. .Publication of statistics. 138. .Limitation of expense of maintaining the bureau of municipal statistics. 233. .Salaries of certain officers. 234. .List of persons and salaries not within a department. 239. .Street sweeping contracts to be approved by board. 247. .Comptroller's duties. 286. .Police force; chief of police; first appointment. 287. .Id.; other officers; first appointment. CHARTER OF NEW YORK CITY. G59 Section. Title. 293. .Id.; absence or disability of. .295 . . Police board ; president and treasurer. * 296. .Id.; duties of treasurer; bond; deputy treasurer. 304.. Id. ; regulations of civil service commissioners. 322 . . Id. ; to provide lodgings for vagrants, etc. 325. .Applications for medical attendance; registered phy- sicians. 326. .Compensation of registered physicians; certificate, etc. 327. .Physician to report to department of health. 328. .Nearest physician to be called; penalty for refusal to attend. 329 . . List of registered physicians to be posted. 330. .Hours of service of registered physicians. 358. .Elections; powers transferred to police board; board and offices abolished. 359. .General bureau of elections; control of; branches. 360.. Id.; management; superintendent. 361 . . Id. : appointment of chiefs of branches and assistants ; salaries of assistants ; detailing members of police force. 362.. Id.; officers; terms and salaries; removals. 363. .Id.; employes continued in service. 364. .Id.; appropriation for expenses of. 365. .Id. ; superintendent the chief executive officer; annual report. 366. . Id. ; chiefs of branches ; duties ; location of offices. 367. .Id.; election expenses a charge against the city. 368. .Id.; existing records and property transferred to cus- tody of. 369 . . Id. ; superintendent to destroy registers of electors, etc. 370. .Id.; application of preceding section. 371 . .Disposition of proceeds of sales. 410.. Board of public improvements; how constituted. 41 1 . . Id ; president ; salary ; powers. 412. .Id. ; secretary; office; meetings; quorum, etc. 413. .Authorizing public improvements. 415 . . Board of public improvements ; power with respect to certain subjects. 416. .Id. ; to prepare ordinances, etc. 417.. Public improvements; further procedure. 418.. Board of public improvements; power to prescribe rules, etc. 660 LAWS OF NEW YORK. Sectioit. Title. 444. .Board may detail employes to assist president. 451 . .Department branches; where located. 454. .Engineers' duties. 456. .Commissioners; powers to appoint and fix salaries. 457. .Id.; other duties. 458. .Id.; to organize bureaus. 523 . . Commissioner of highways ; appointment, term, sal- ary. 524.. Id. ; jurisdiction. 555. .Commissioner of sewers; appointment; salary. 556. .Id. ; jurisdiction and duties. 565 . . Devolution of powers of the commissioner of street improvements in the twenty-third and twenty- fourth wards. 572 . . Commissioner ; appointment, term, salary. 573 . . Id. ; jurisdiction. 574. .Consulting engineer; duties. 586 . . Former boards to turn over maps, etc., to commis- sioner. 588 . . Devolution of powers of former boards. 681 . .Employment of inmates; articles manufactured; cul- tivation of lands. 901 . .Special provision for taxes of 1897-1898. 930 . . Enforcing payment of personal taxes ; fine may be imposed. 931 . .Id. ; order to prosecute; when operates as assignment of bond. 993 . . Subdivision of plots. 1061 . . School board, how constituted ; vacancies ; members to hold no other office except, etc. 1065.. Board of education and school boards to administer funds; apportionment thereof, how made. 1066.. Id. : may direct comptroller to withhold certain ap- propriations. 1077.. Id. ; advertising for contracts; security for perform- ance. 1086. .Continuation of yearly contracts with teachers in ter- ritory consolidated. 1088. .Oath of appointees to school office. 1 089.. School board; organization; secretary and employes; duties and bond of secretary. 1090. .Id. ; powers and duties. CHARTER OF NEW YORK CITY. 6G1 Section. Title. 1092. .Id.; duties of secretary; chief clerk and secretary may administer oaths. 1093. .Id.; powers to establish kindergartens, etc. 1094. .Id. ; power to estabUsh evening schools, etc.; may estabHsh, discontinue and consolidate schools in boroughs. 1095 . .Id. ; power to estabHsh special classes for persons who cannot use the English language readily. 1096. .Id. ; power to establish high schools, etc. 1097. .Id.; power to create school inspection districts discre- tionary; mayor appoints inspectors; terms, organi- zations, etc., of inspectors. 1098. .Duties of inspectors of common schools. I ICQ. .Id.; to provide for payment of salaries to principals and teachers and for disbursements. 1 101 . . Id. ; annual and other reports. 1 1 02. .Id.; power to appoint and remove borough superin- tendents and associate superintendents of schools ; quahfications. 1 104. .School boards; changing grades of schools and classes; fixing standard of qualifications for principals and teachers. 1 1050. Id. ; by-law^s governing transfers of principals and teachers. 1 106. .Id.; transfer of unemployed principals or teachers. ii07..Id.; board of superintendents of the boroughs; how duties regulated. 1 108. .General duties of borough superintendents and asso- ciate superintendents. 1 109. .Borough board of superintendents; lists of principals, etc., to be kept by; where principals report, mo. .Id. ; promotion of pupils; transfer of teachers by city superintendent of schools; preferment where schools are consolidated or discontinued. 1 1 1 1 . . Id. ; recommendations of and requisitions for text books and scholastic supplies. 1 1 12. .Miscellaneous provisions as to powers and duties of borough superintendent, borough board of super- intendents and principals. 1 1 13. .Id. ; qualifications for special branches. 1 1 16. .Borough superintendents; enforcing compulsory educa- tion law; nominating, assigning, suspending and discharging clerks. 662 LAWS OF KEW YOEK. bECTiON. Title. 1119. .School board of the borough of Brooklyn to control and admniister the public school teachers' retire- ment fund created by chapter six hundred and fifty-six, laws of 1895; composition of fund; retire- ment and pensions of teachers. 1 1 90. .Registrar of records. 1 191 . . Id. ; and payment for night medical service. 1281 . .Parties to suit brought after twelve days; costs against department. 13S1 . .Delivery of papers, etc. 1382. .Disposition of causes pending in district courts, etc. 1384. .Justices of district courts, etc., to act till February i, 1898. 1 392.. City magistrates in first division continued. 1 393.. Office of police justice abolished. 1394.. City magistrates in second division, 1395. .Salary, etc. 1396. . Powers. 1397. .Board of magistrates. 1399. .Transfer of charges. 1400. .Clerks and employes. 1401 . .Justices of special sessions appointed. 1403 . . Qualifications. 140^ . . Clerks. 141 3. .Appeals from special sessions. 1414. .Delivery of papers, etc. 141 6. . Pending actions. 1417. .Designation of magistrates. 1418. .Justices to act. 1493. - Killing or seUing certain birds prohibited. 1510. .Registered pharmacists only to conduct pharmacy ex- cept, etc. 1511 . .Id.; qualifications of registered pharmacists. 1 5 12. .Graduates and licentiates defined. 15 13. .Board of pharmacy; election, duties. 1 5 14. .Books of registration of pharmacists, etc. 1515 . . Pharmacists responsible for quality of drugs, etc., sold, patent medicines, adulteration, etc. 1 5 16. .Poison; retailing of. 1 5 17. .Application of preceding sections to practitioners of medicine and wholesale dealers. 1 5 18. .Fraudulent registration, permitting unlicensed persons to compound medicine. CHARTER OF NEW YORK CITY. 663 Section. Title. 1 5 19. .Penalties to be paid to College of Pharmacy. 1520. .Boards of pharmacy abolished. 1536. .Retention of office by clerks in public employ in terri- tory consolidated. 1537. .Books, papers, etc., where filed. 1588. . Proportion of the debt of the county of Queens assumed • by The City of New York; power of board of super- visors of said county to bind that part thereof in- cluded in The City of New York restricted. 1589. . Proportion of the debt of the town of Hempstead to be assumed by the city; power of town board to bind that part thereof included in The City of New York restricted. 1592. .Board of supervisors of Queens county not to levy any tax upon that part of said county within the city. 1593. .Comptroller of state to determine amount of county charges of Queens county to be borne by that part of county within the city. 1594. .Comptroller of state to determine amount of state tax to be paid by the part of Queens county within the city ; how levied and collected. 1596. .Comptroller of state to apportion Queens county school moneys. 1597. .School moneys for New York, Kings and Richmond counties to be transmitted to the city. THE SECOND SCHEDULE. Sections to Remain in Force Until Changed by the Board of Aldermen. Section. Title. 346. .Police board; licenses for public exhibitions. 347. .Id.; licenses to emigrant boarding-houses; bond. 348. .Id.; licenses to bookers of emigrant passengers. 349. .Id.; Hcenses to runners; bonds. 760 . . Shavings ; how to be stowed away. 762 . . Lights, precautions against fire and use of aisles in places of amusement. 763 . . Gunpowder and other explosives ; sales thereof regu- lated. 765. .Petroleum and coal oils, etc.; sale thereof. 768. .Fires and lights on vessels transporting petroleum* 769. .Storage of certain chemicals regulated, 770 . . Id. ; of certain vegetable products. 773 . . Fines and penalties. 664 LAWS OF NEW YORK. Section. Title. 1207. .As to rags, hides and skins. 1208. .Unsound cotton. 1209. .Unsound articles, or deposited contrary to orders. 121 1. .Penalties for disobedience. 1212. .Offensive trades. 1 213. .Filling in lands. 1214. .Yards and cellars. 1223. .Separate receptacles for ashes and garbage. 1227. .Driving and slaughtering cattle, sheep, swine, pigs or calves regulated. 1454. .Municipal assembly to regulate driving, etc. 1455. .Law of the road. 1456. .Rubbish, nails, etc., not to be thrown in streets. 1457. . Processions and parades; regulations concerning. 1462. .Willfully breaking street lamps, etc. 1463. .Id.; detaining offender until name ascertained. 1464. .Id.; preceding sections no bar to suit by person injured. 1465. .Id.; informer relieved of penalty, e.tc. 1466. .Definition of " street." 1472. . Public exhibitions to be licensed. 1473. .Police ^-department grants license; fee; penalty for neglect to obtain license. 1474. .Id.; commutation of license fee. 1475. .Id.; fees to be paid over to comptroller. 1476. .Revocation of license. 1477. .Penalty for violating provisions of this title. 1478. .Police, etc., to arre^^t offenders.... 1479. .Corporation counsel may enjoin' exhibitions without license. 1480. .Preceding sections not applicable to certain perform- ances. 1481. .Exhibitions on Sunday prohibited. 1482. .Minors under fourteen unaccompanied by adult not to be admitte'd to theatres at night. 1483. .Prohibition of sale of spirituous liquors and employ- ment of female waiters. 1484. .Violation of preceding section annuls license. 1485. .Violation of any provision of the two preceding sections a misdemeanor. 1486. .Police, etc., to enter places of amusement and arrest offenders. 1487.. Doors and exits to be conspicuously numbered; dia- grams to be printed on programmes. Office of the Secretary of State. ^ , State of New Yokk, S I have compared the preceding with the original law on file in this office, and do hereby certify that the same is a correct transcript there- from and of the whole of said original law. JOHN T. Mcdonough, Secretary of State. ■ '4 ■ ^ ■4 UNIVERSITY OF ILLINOIS-URBANA 3 0112 103564651