AN ACT
TO
REORGANIZE THE LOCAL GOVERNMENT
OF THE
CITY OF NEW YORK,
Passed April 30, 1873,
AS AMENDED;
With an Appendix containing the
SUPPLEMENTARY ACTS
Passed since the Year 1873.
NEW YORK:
MARTIN B. BROWN, PRINTER AND STATIONER,
Nos. 201, 203 & 205 WILLIAM STREET.
1876.








BOARD OF ALDERMEN.
AUGUST 10, 1876.
The following resolution was adopted:
Resolved, That one thousand copies of the act, chapter
335, Laws of 1873, commonly called the Charter, with the
acts amendatory thereof, be printed in document form,
for the use of the Mayor, members of the Common Council, and other city officials, under the direction of the
Clerk.
FRANCIS J. TWOMEY,
Clerk.








CONTENTS OF CHARTER.
ARTICLE I.
PAGE.
The Corporate Powers.........................................  1
ARTICLE II.
Of the Legislative Powers....................................
ARTICLE III.
Of the Executive Power......................................  14
ARTICLE V.
Of the Finance Department..................................... 22
ARTICLE VI.
Of the Law  Department.......................................  32
ARTICLE VII.
Of the Police Department.....................................  34
ARTICLE VIII.
Of the Department of Public Works.............................  48




vi                         CONTENTS OF CHARTER.
ARTICLE IX.
PAGE.
Of the Department of Public Charities and Correction.........                    53
ARTICLE X.
Of the Fire Department.......................................  55
ARTICLE XI.
Of the Health Department....................................  57
ARTICLE XII.
Of the Department of Public Parks.............................  60
ARTICLE XIII.
Of the Department of Buildings................................  62
ARTICLE XIV.
Of the Department of Taxes and Assessments...................  63
ARTICLE XV.
Of the Department of Docks.................................  64
ARTICLE XVI.
General Provisions, Powers and Limitations....................  64




CONTENTS OF APPENDIX.
(A.)-CHAPTER 515, LAWS OF 1874.
PAGE.
Amending section 4 of chapter 335 of Laws of 1873, relating to
office and election of aldermen..............................  105
(B.)-CHAPTER 304, LAWS OF 1874.
Act consolidating the government of the city and county of New
York....................................................    107
(C.)-CHAPTER 305, LAWS OF 1874.
Act explanatory of act to consolidate the government of the city
and county of New York...................................  108
(D.)-CHAPTER 757, LAWS OF 1873.
Amending various sections of act reorganizing the local government of the city of New York...............................  109
(E.)-CHAPTER 159, LAWS OF 1875.
Amending section 35 of chapter 335 of Laws of 1873, relating to
the  city  chamberlain......................................    116
(F.)-CHAPTER 300, LAWS OF 1874.
Amending section 39 of chapter 335, Laws of 1873, relating to the
police  department..........................................         118
(G.) —CHAPTER 476, LAWS OF 1875.
Relating to an uniform system  for pavement of streets, avenues,
and  public  places..........................................       120




viii                     CONTENTS OF APPENDIX.
(H.) —CHAPTER 726, LAWS OF 1873.
PAGE.
An act for the more effectual extinguishment of fires............  121
(I.) —CHAPTER 839, LAWS OF 1873.
An act authorizing new contract for removal of contents of sinks
and privies............................................  122
(J.)-CHAPTER 759, LAWS OF 1873.
An act providing for new commissioners in matter of completion
of county  buildings........................................    124
(K.)-CHAPTER 631, LAWS OF 1875.
Amending section 19 of chapter 757, Laws of 1873, relating to
printing and supplies of stationery..........................  125
(L.)-CHAPTER 758, LAWS OF 1873.
An act authorizing board of estimate  and  apportionment to
revise, etc., tax rates for 1873..........................  126
(M.)-CHAPTER 308, LAWS OF 1874.
An act authorizing a revision of the estimates for 1874...........  127
(N.)-CHAPTER 303, LAWS OF 1874.
An act further authorizing a revision of the estimates for 1874,
and granting to board power of transferring appropriations...  130
(O.) —CHAPTER 326, LAWS OF 1873.
An act limiting the effect of certain repealing clauses of act of
1873, relating to prior rights, indictments and prosecutions....  132




Chapter 335.
AN ACT to reorganize the local government of the
city of New York.
Passed April 30, 1873; three-fifths being present.
The People of the State of New  York, represented in
Senate and Assembly, do enact as follows:
ARTICLE I.
The Corporate Powers.
SECTION 1. The corporation now  existing and known corpo
by the name of " The Mayor, Aldermen, and Commonalty or
of the city of New York" shall continue to be a body
politic and corporate, in fact and in name, by the same
name, and have perpetual succession, with  all the
grants, powers, and privileges heretofore held by the
mayor, aldermen, and commonalty of the city of New
York, and not modified or repealed by the provisions of
this act.
ARTICLE II.
Of Legislative Powers.
SEC. 2. The legislative power of the said corporationLegislative
powers.
shall continue to be vested in a board of aldermen and a
board of assistant aldermen, who together shall form the
1




2
Assistant  common council of the city of New York. The board of
aldermen,
aboa ihe.  assistant aldermen is hereby abolished from  and after the
first day of January, eighteen hundred and seventy-five;
and from and after that date the board of aldermen is
hereby declared to be the common council, and shall solely
possess the powers and perform  all the duties by law
conferred or imposed upon the board of aldermen, and
board of assistant aldermen, the common council, or any
one or more of them.
SEC. 3. Such aldermen shall be elected as hereinafter
provided.
Aldermen,      SEC. 4.  [As amended by sec. 1, chap. 515, laws
election of.
of 1874.] The board of aldermen now in office shall
hold office until the first Monday in January, in the
year eighteen hundred and seventy-five, the same
being the term for which they were elected. There
shall be twenty-two aldermen elected at the general
state election which shall occur in the year eighteen
hundred and seventy-four, three of whom  shall be
elected in each senate district, except the eighth
senate district, and shall be residents of the district in
which they are elected, but no voter shall vote for
Aldermen in  more than two of said aldermen.  In the territory
twentythrd and     comprised within the eighth senate district, and the
wards.      twenty-third  and twenty-fourth wards, there shall
be elected four aldermen, and the aldermen to be
elected in said district may reside either in  said
eighth senate district or in the twenty-third  and




3
twenty-fourth wards, but no voter shall vote for more
than three of the said aldermen. There shall also ldermen
at large.
be elected six aldermen at large to be voted for on
a separate ballot, but no voter shall vote for more
than four of the said aldermen at large, and the voters
of the twenty-third and twenty-fourth wards of said
city are hereby authorized and empowered to vote for
aldermen at large.  The members of the board of
aldermen shall hold office for the space of one year,
and shall take office on the first Monday in January,
next succeeding their election, at noon. Annually Annual
thereafter, at the general state election, there shall be
elected a full board of aldermen as hereinbefore provided.  Any vacancy now existing or which may Vacancies
hereafter occur in either* the board of aldermen by howflled
reason of the death or resignation, or of any other
cause, of a member of either of said boards, shall be
filled by election by the board in which such vacancy
exists or shall arise, by a vote of a majority of all the
members elected to said board; and the person so
elected to fill any such vacancy shall serve until the
first day of January, at noon, next succeeding the first
general election occurring not less than thirty days
after the happening of such vacancy, but not beyond
the expiration of the term in which the vacancy shall
occur; and at such election a person shall be elected
to serve the remainder, if any, of such unexpired
term.  From and after the termination of the term of
* So in the original.




4
office of the board of assistant aldermen, as herein
provided, the board of aldermen alone shall constitute
the common council and shall exercise the entire
legislative powers of the said city.*
Quorum.    SEC. 5. The boards shall meet in separate chambers, and
a majority of each shall constitute a quorum; but the
comptroller,  the  commissioner of public  works, the
corporation counsel, and the president of each department
shall be entitled to seats in each board, and to notice of
its meetings, and shall have the right to participate in
the discussions of each board, but in nowise shall be
considered as members of either board, and shall not have
the right to vote in either board.
SEC. 6. Each board shallofficers, how 1. Choose a president from its own members by a call of
the names of the members of the board, upon which call
each member shall announce his choice, and when once
chosen he can be removed before the expiration of his term
as alderman or assistant alderman only, by a vote, taken
by a call of ayes or noes, of four-fifths of all the members
of the board of which he shall have been chosen president;
Powersand   2. Appoint a clerk and other officers;
duties.
3. Determine the rules of its own proceedings;
4. Be the judge of the election returns and qualifications
*See Appendix, A, B, and C.




of its own members, subject, however, to the review of any
court of competent jurisdiction;
5. Keep a journal of its proceedings;
6. Sit with open doors;
7. Have the authority to compel the attendance of absent
members, and to  punish  its members for disorderly
behavior, and to expel any member, with the concurrence
of two-thirds of the members elected to the board.
But no alderman or assistant alderman shall sit or act as Aldermen
denied judi.
a magistrate in any judicial matter or proceeding. This cial powers.
section, however, shall not be construed to require or
authorize  a reorganization  of the  existing  board  of
aldermen, or board of assistant aldermen.
SEc. 7. [As amended by sec. 2, chap. 757, laws of
1873.]  Every member expelled from  either board
shall thereby forfeit all his rights and powers as
alderman or assistant alderman.*
SEC. 8. [As amended by sec. 3, chap. 757, laws of
1873.]  The stated and occasional meetings of each Meetings.
board shall be regulated by its own resolutions and
rules, and both boards may meet at the same time or
on  different days, as they  may  severally  deem
expedient.
SEC. 9. Every legislative act of the common council lactsto
be approved
shall be by resolution or ordinance; and every ordinance by Mayor.
*See Appendix, D.




6
or resolution shall, before it shall take effect, be presented,
duly certified, to the mayor for his approval.
SEC. 10. [As amnended' by sec. 4, chap. 757, laws of
1873.]  The mayor shall return such ordinance or
resolution to the board in which it originated within
ten days after receiving it, or at the next meeting of
such board after the expiration of said ten days.
Veto.      SEC. 11. If he approve it, he shall sign it.  If he disapprove it, he shall specify  his objections 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.
veto to be    SEC. 12. Such objections of the mayor shall be entered
entered in
journal   at large on the journal of the board in which said ordinance or resolution originated.
Proceedings   SEC. 13. The board to which such ordinance or resoluin case of a
veto.    tion shall have been returned, with objections, shall, after
ten days and within fifteen days after such ordinance or
resolution shall have been so returned, proceed to reconsider and vote upon the same; and if the same shall, on
reconsideration, be again passed by both boards by the
votes of at least two-thirds of all the members elected to
each board, but in no. case by a less vote than was neces,
sary on its first passage, it shall take effect. But if the
ordinance or resolution shall fail to receive, upon the first
vote thereon, such number of affirmative votes, it shall be
votes, how deemed finally lost. In all cases the vote shall be taken
taken.




7
by ayes and noes, and the names of the persons voting for
or against its passage, on such reconsideration, shall be
entered in the journal of each board. 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 which he shall approve shall become effective, and
those which he shall not approve shall be reconsidered by
the board, and shall only become effective if again passed
as above provided.
SEC. 14. Any ordinance or resolution may originate in Ordinances
may origieither board, and when it shall have passed one board, natei either
board.
may be rejected or amended in the other; but no ordinance or resolution shall be passed except by a vote of the
majority of all the members elected to the board, and no
ordinance or resolution shall be valid unless it shall
receive the assent of both boards within the term fixed by
law to such boards. In case any ordinance or resolution
involves the expenditure of money or the laying of an
assessment, the lease of real estate or franchises, the votes
of three-fourths of all the members elected to each board
shall become necessary to its passage. No money shall be Expenditure
expended for any celebration, procession, funeral ceremony,
reception or entertainment of any kind, or on any occasion,
unless by the votes of four-fifths of all the members elected
to each board. 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




8
services on its account or in its employment, shall ever be
passed by the common council, except by the unanimous
vote thereof; but, in all cases, the provisions of any such
contract shall determine the amount of any claim thereunder or in connection therewith, against the said corporation, or the value of any such services.
Clerk of       SEC. 15. [As amended by sec. 5, chap. 757, laws of
board, his
powers and   1873.]  The clerk of the board of aldermen shall, by
duties.
virtue of his office, be clerk of the common council
and of the board of supervisors, and shall perform all
the duties heretofore performed by the clerk of the
common council, except such as shall be assigned to
the clerk of the board of assistant aldermen, without
additional compensation to that paid him as clerk of
the board of aldermen. It shall be his duty to keep
open  for inspection, at all reasonable times, the
records and minutes of the  proceedings  of said
boards.  He shall keep the seal of the city, and his
signature shall be necessary to all leases, grants and
other documents, as under existing laws. The clerk
of each board shall, subject to the rules of the board,
appoint and remove at pleasure deputy clerks in his
Deputy       department and fix their salaries.  The deputy clerks
clerks.
and other officers of the board of aldermen shall be
officers of the board of supervisors, which shall have
no separate officers or subordinates, and such clerks
and officers shall receive no additional compensation
for duties performed for the supervisors. The aggre



9
gate amount of salaries paid to the clerks and officers Saaries.
of the board of aldermen, including the salary of the
clerk, shall not exceed twenty-five thousand dollars
in any one year, and the aggregate amount of salaries
paid to the clerks and officers of the board of assistant aldermen, including the salary of the clerk, shall
not exceed fifteen thousand dollars in any one year.
SEC. 16. Immediately after the adjournment of each To prepare
and publish
meeting of either board, it shall be the duty of the clerk of abstrat of
meetings.
such board to prepare a brief abstract, omitting all technical
and formal details, of all resolutions and ordinances 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.  No resolution or ordinance providing for or esolutions
to be
contemplating the alienation or appropriation or leasing published.
any property of the city, terminating the lease of any
property or franchise, 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 be
passed or adopted by either board until at least five days
after such  abstract of  its provisions  shall have been
published.  INo 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




10
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 in the City
Record, and to state the amendments, if any, made thereto.
In all cases the yeas and nays upon the final passage of
the resolution or ordinance  shall be published.  The
cityRecord comptroller shall cause a continuous series of the City
to be certi- 
ftedand de- Record to be bound as completed quarterly, and to be
posited.
deposited, with his certificate thereon, in the office of the
register of deeds in the city and county of New York, in
County   the county clerk's office and in the office of the clerk of the
clerk's
office.    common council, and copies of the contents of any part of
the same, certified by such register, county clerk, or clerk
of the common council, shall be received in judicial proceedings as prima facie evidence of the truth of the contents thereof.
Powers of    SEC. 1T. The common  council shall have power to
common
council,   make, continue, modify, and  repeal such ordinances,
regulations and resolutions as may be necessary to carry
into effect any and all of the powers now vested in or by
this act conferred upon the corporation, and shall have the
power to enforce obedience to such ordinances and observance thereof, by ordaining penalties for each and
every violation thereof, in such sums as it may deem
expedient, not exceeding one hundred dollars; and shall
have power to make such ordinances, not inconsistent
with law and the constitution of this state, and with such




penalties, in the matter, and for the purposes following, in
addition to other powers elsewhere  specially  granted,
namely:
1. To regulate traffic and sales in the streets, highways, Powers
specified.
roads and public places.
2. To regulate the use of the streets, highways, roads useof
streets.
and public places by foot passengers, animals, vehicles,
cars and locomotives.
2.* To regulate the use of sidewalks, and prevent the  se of
sidewalks.
extension of building fronts and house fronts within the
stoop lines.
4. To prevent encroachments upon and obstructions to Obstructions.
the streets, highways, roads and public places, not including parks, and to authorize and require the commissioners
of public works to remove the same, but they shall have
no power to authorize the placing or continuing of any
encroachment or obstruction upon any street or sidewalk,
except the temporary  occupation  thereof, during  the
erection or repair of a building  on a lot opposite the
same.
5. To regulate the opening of street surfaces, the lay- opening
streets.
ing of gas and water mains, the building and repairing of
sewers, and the erecting of gas-lights.
6. To regulate the numbering of the houses and lots in To numbe:
houses.
the streets and avenues, and the naming of the streets,
*So in original.




12
avenues and public places; but it shall not be lawful for
the said board to number or renumber any houses, in any
street, avenue, alley, lane, road, way or public place, or to
in anywise change or alter any such numbering or the
name of any street, avenue or public place, save between
the first day of December of any year and the first day of
May next ensuing.
Garbage,   7. To regulate and prevent the throwing or depositing
of ashes, offal, dirt or garbage in the streets.
Cleaning   8. To regulate the cleaning of the streets, avenues,
streets.
sidewalks and gutters, and removing ice and snow from
them.
Useof      9. To regulate the use of the streets and sidewalks for
streets.
signs, sign-posts, awnings, awning-posts, horse-troughs,
urinals, telegraph-posts and other purposes.
10. [As amended by sec. 6, chap. 757, -Laws of
1873.]  To provide for and regulate street pavements, crosswalks, curbstones, gutterstones, sidewalks,
and the grade of streets, and to provide for regulating, grading, flagging, curbing, guttering and lighting
streets, roads, places and avenues.
To regulate   11. To regulate public cries, advertising noises, steam
street traffic,.
etc.    whistles, and ringing bells in the streets, and to control
and limit traffic in the streets, avenues and public places.
12. In relation to street beggars, vagrants and mendicants.




13
13. In relation to the use of guns, pistols, firearms,
firecrackers, fireworks, and detonating works of all descriptions within the city.
14. In relation to intoxication, fighting and quarreling
in the streets.
15. In relation to places of public amusement.
16. In relation to exhibiting banners, placards or flags
in or across the streets or from houses or other buildings.
17. In relation to the exhibition of advertisements or
handbills along the streets, avenues and public places.
18. In relation to the construction, repairs and use of
vaults, cisterns, areas, hydrants pumps and sewers.
19. In relation to partition fences and walls.
20. In relation to the construction, repair, care and use
of markets.
21. In relation to the licensing and business of public Licensing
hackmen.
cartmen, truckmen, hackmen, cabmen, expressmen, cardrivers, boatmen, pawnbrokers, junk dealers, hawkers,
peddlers and venders, and all licenses shall be according
to an established form and regularly numbered, and be
duly registered in the office of the mayor.
22. In relation to the inspection and sealing of weights
and measures, and enforcing the keeping  and use of
proper weights and measures by venders.
23. In relation to the inspection, weighing and measur



14
ing of fire-wood, coal, hay and straw, and the cartage of
the same.
24. In relation to the mode and manner of suing for,
collecting and keeping accounts of the city and county,
and disposing of the penalties provided for a violation of
all ordinances.
Public    25. In relation to the erection and repair of public
fountains.
fountains for the use of man and animals, at convenient
points along the streets and avenues and public places.
26. By resolution to require the commissioner of public
works to do any work or take any action proper for carrying into effect the powers of the common council. The
ordinances of the common council shall, as far as practicable, be reduced to a code, and be published as such in
the City Record.
To impose   SEC. 18. The common council shall have no power to
taxes.
impose taxes or assessments, or borrow money, or contract
debts, or loan the credit of the city, or take or make a
lease of any real estate or franchise, save at a reasonable
rent and for a period not exceeding five years, unless
specially authorized so to do by act of the legislature.
ARTICLE III.
Of the Executive Power.
SEC. 19. The executive power of the corporation shall
be vested in the mayor and the officers of the departments
herein created.




15
SEC. 20. [As amended by sec. 7, chap. 757, laws of Executive
power.
1873.]  The mayor in office on April twenty-ninth,
eighteen hundred and seventy-three, shall hold office
until the first day of January, in the year eighteen
hundred and seventy-five.  The mayor shall be the Mayor.
chief executive officer of the corporation; shall be
elected at a general election, and hold his office for
the term of two years, commencing on the first day
of January next after his election. The first election
for mayor under this act shall be at the general
election in November, in the year eighteen hundred
and seventy-four.
SEC. 21. Whenever the mayor shall be under suspen- President of
board may
sion, or there shall be a vacancy in the office of mayor, atas
or whenever, by reason of sickness or absence from the
city, he 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 suspension, disability or absence. In
case of a vacancy he shall so act until the first Monday of
January succeeding the next general election, and at the
general election next to be held, at which a mayor can be
chosen, but not within ten days after the occurrence of
any such vacancy, a mayor shall be chosen for the unexpired term  for which such officer was chosen, and no
special election shall be held to fill such vacancy.  It Acting
mayor notto
shall not be lawful for the president of the board of exercise certain powers.
aldermen when acting as mayor, in consequence of the




16
sickness or absence from the city of the person elected,
to exercise any power of appointment to or removal from
office, unless such sickness or absence of the mayor shall
have continued ten days, nor to sign, approve, or disapprove any ordinance or resolution, unless such sickness or
absence shall have continued the same period.
Temporary   SEC. 22. In case of a vacancy in the office of mayor,
chairman in
caeof   the aldermen may elect a temporary chairman to preside
vacancy.
over their meetings, who shall possess, during  such
vacancy, the powers and perform the duties of the president of the board.
SEC. 23. It shall be the duty of the mayor:
Mayor to. To communicate to the common council, at least
make annual
statement. once a year, a general statement of the finances, government and improvements of the city.
2. To recommend to the common council all such
measures 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 all heads of departments.
5. And generally to perform all such duties as may be
prescribed for him by the city ordinances and the laws of
the state.




17
SEC. 24. The mayor may appoint such clerks and subor- Mayor to
appoint his
dinates as he may require to aid him in the discharge of clerks
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 detail, 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 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 of twenty thousand dollars.
SEC. 25. The mayor shall nominate, and, by and with Mayor shall
nominate
the consent of the board of aldermen, appoint the heads of hade of dedepartments and all commissioners (save commissioners of
public instruction, and also save and except the following
named commissioners and officers who held office as such
on the first day of Janiary, in the year one thousand
eight hundred and seventy-three, that is to say, the comptroller, the commissioner of public works, the counsel to
the corporation, the president of the department of public
parks, and the president of the department of police,
which said comptroller, commissioners and counsel to the
corporation shall hold their respective offices, as such
comptroller, commissioners and counsel to the corporation
aforesaid, until the expiration of their respective terms of
office for which they were appointed, unless removed for
cause as herein provided), and the said mayor shall in
like manner appoint all members of any board or com2




18
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 members of any other local board and
all other officers not elected by the people,* including the
commissioner of jurors, whose appointment is not in this
Terms of  act excepted or otherwise provided for.  Every head of
office.
department and person in this section named, except as
herein otherwise provided, shall hold his office for the
term of six years, and in each case until a person is duly
appointed in his place. The terms of office of all such
heads of departments and persons other than those first
appointed shall commence on the first day of May, but
the heads of departments, consisting of boards of commissioners first appointed after the passage of this act,
shall, except as herein otherwise expressly provided, be
appointed, for two, four and six years respectively, and
except that the commissioners of police first appointed as
aforesaid shall hold their offices for one, two, three and
five years respectively.  The persons first appointed shall
take office on the expiration of the terms of office of the
present incumbents, as hereinafter provided, and shall
hold their offices until the first day of May in the year in
which it is herein provided that their respective terms
Nomina-  shall expire.  All nominations to any office or offices
tions.
which, by this act, the mayor is authorized or empowered
to nominate a person or persons to in place of any present
incumbent or incumbents, shall be made to the board of
See Appendix, D.




19
aldermen within twenty days after the passage of this act,
and any such nomination or nominations to fill any
vacancy which shall hereafter occur by reason of the
expiration of the term of office of any officer, or from
any other cause, and which shall not be created by anything in this act, providing for the termination of the
term of office of any officer or person now in office, shall
be made to the board of aldermen, within ten days from
the day of the date of any such vacancy, and any person who shall be appointed to fill any such vacancy shall
hold his office for the unexpired term of his predecessor.
The mayor may be removed from office by the governor Mayor, how
removed.
in the same manner as sheriffs, except that the governor
may direct the inquiry provided 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 mayor for a period not exceeding thirty
days.  The heads of all departments, including those Heas of departments,
retained as above, and all other persons whose appoint- heomw
ment is in this section provided for, may be removed by
the mayor for cause, and after opportunity to be heard,
subject, however, before such removal shall take effect, to
the approval of the governor, expressed in writing. The
mayor shall, in all cases, communicate to the governor, in
writing, his reasons for such removal.  Whenever a
removal is so effected, the mayor shall, upon the demand
of the officer removed, make, in writing, a public statement of the reasons therefor. No officer so removed shall




20
be again appointed to the same office during the same
term of office.
[As amended by sec. 3, chap. 300, laws of 1874.]
Mayor to fill    The mayor of said city  shall hereafter  appoint,
vacancy.
without confirmation  of the board of aldermen,
a person or persons to fill any vacancy or vacancies which now exists or may hereafter occur from
death, resignation or cause other than the expiration of the full term  in any office to which, of
the provisions of the twenty-fifth section of chapter
three hundred and thirty-five of the laws of eighteen
hundred  and  seventy-three, he  is empowered to
appoint by and with the consent of the board of
aldermen.*
city depart-  SEC. 26. There shall be the following other departments
ments.
in said city:
Finance department.
Law department.
Police department.
Department of public works.
Department of public charities and correction.
Fire department.
Health department.
Department of public works. t
Department of docks.
* See Appendix, F.    t So in original.




21
Department of taxes and assessments.
Department of buildings.
SEC. 27. The said departments shall, once in three Toreport
quarteriy to
months, and at such other times as the mayor may direct, mayor.
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 shall always,
when required by the mayor, furnish to him such information as he may demand, within such reasonable time as he
may direct.
SEC. 28. The heads of all departments (except as other- Heads of de;
partments to
wise herein specifically provided) shall have power to ppoint the
clerks, etc.
appoint and remove all chiefs of bureaus (except the
chamberlain), as also all clerks, officers, employees, and
subordinates in their respective departments, except as
herein otherwise specially provided, without reference to
the tenure of office of any existing appointee. But no Clerks, how
removed.
regular clerk or head of a bureau shall be removed until
he has been informed of the cause of the proposed removal, and has been allowed an opportunity of making an
explanation; and in every case of a removal, the true
grounds there6f shall be forthwith entered upon the
records of the department or board.  In case of removal,
a statement, showing the reason therefor, shallbe filed in
the department.  The number and duties of all officers Dutiesof
clerks.
and clerks, employees and subordinates in every department, except as otherwise herein specifically provided,




22
with their respective salaries, whether now fixed by
special law or otherwise, shall be such as the heads of the
respective departments shall designate and approve; but
subject, also, to the revision of the board of apportionment; provided, however, that the aggregate expense
thereof shall not exceed the total amount duly appropriated to the respective departments for such purposes.
Any head of department may, with the consent of the
board of 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.
ARTICLE V.
Of the Finance Department.
Finance.    SEC. 29. The finance department shall have control of
the fiscal concerns of the corporation. It shall -prescribe
the forms of keeping and rendering all city accounts, and,
except as herein otherwise provided, the manner in which
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
shall be made through the proper disbursing officer of the




23
department of finance, on vouchers to be filed in said department, by means of warrants drawn on the chamberlain by the comptroller, and countersigned by the mayor.
The comptroller may require any person presenting for laimantsto
be sworn.
settlement an account or claim  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. The power hereby
given the comptroller to settle and adjust such claims
shall not be construed to give  such settlement and adjustment the binding effect of a judgment or decree, nor to
authorize the comptroller to dispute the amount of any
salary established by or under the authority of any officer
or department authorized to establish the same nor to
question the due performance of his duties by such officer,
except when necessary to prevent fraud.  The comptroller
shall not reduce the rate of interest upon any taxes or assessments below the amount fixed by law.  No contract ontracts,
how bindhereafter made, the expense of the execution of which ing
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 or effect unless the comptroller shall indorse thereon his certificate that there remains unexpended and unapplied, as herein provided, a
balance of the appropriation applicable thereto sufficient
to pay the estimated expense of executing such contract
as certified by the officer making the same.
[Amended by sec. 8, chap. 7T7, laws of 1873.]




24
But this provision shall not apply to work done, or
supplies furnished, not involving the expenditure of
more than one thousand dollars, pursuant to section
ninety-one of this act. It shall be the duty of the
comptroller to make such indorsement 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 in any action. The
Comptroller  comptroller shall furnish to each head of department,
to furnish
weekly       weekly, a statement of the unexpended balance of
the appropriation for his department; wages and
salaries, including payments for the board of educaPay-rolls.   tion, may be made upon pay-rolls, upon which each
person named thereon shall separately receipt for
the amount paid to such person, and in every case of
payment upon a pay-roll, the warrant for the aggregate amount of wages and salaries included therein,
may be made payable to the superintendent, principal teacher, foreman or other officer designated for
the purpose.
comptroller,  SEC. 30. The head of the finance department shall be
term of
office.    called the comptroller of the city of New York, and shall
hold his office for four years, and until his successor shall
be appointed, unless sooner removed as herein provided.




25
SEC. 31. All accounts rendered to or kept in the other Accounts
subject to
departments shall be subject to the inspection and revision revision.
of the officers of this department; and, subject to the conditions aforesaid, it 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, it shall, as far
as practicable, be governed by  the rules of law  and
principles of equity which prevail in courts of justice.
SEC. 32. The comptroller of the city of New  YorkDeputy
comptroller.
shall appoint, and at pleasure remove, for cause to be
stated in writing and published in said City Record, a
deputy comptroller. The said deputy comptroller shall, in
addition to his other powers, possess every power and
perform  all and every duty belonging to the office of
comptroller, as herein  provided, whenever  the  said
comptroller shall, for reasons to be stated to the mayor in
writing, 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 comptroller to
possess the power and perform  the duty aforesaid, and
such designation and authority shall be duly filed in and
remain of record in the finance department and in the
mayor's office. The said deputy comptroller shall possess Powers and
cduties.
the  like  authority  in case of the  disability  of the
comptroller upon the like  designation  of the  mayor,
which shall be filed and remain of record as aforesaid;




26
but such authority may at any time be terminated in the
same manner as it was created.
Bureaus.   SEC. 33. There shall be eight bureaus in this department:
collection of 1. A bureau for the collection of the revenue accruing
revenues.
from rents, and interest on bonds and mortgages, revenue
arising from the use or sale of property belonging to or
managed by the city; the chief officer of which bureau
shall be called the "collector of the city revenue."
2. A  bureau  for the collection of taxes; the  chief
officer of which shall be called the "'receiver of taxes,"
and he shall have all the powers, and perform  all the
duties heretofore prescribed by law for the receiver of
taxes.
3. A bureau for the collection of arrears of taxes and
assessments and of water rents; the chief officer of which
shall be called "clerk of. arrears."
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
which shall keep an account of each claim for or against
the corporation, and of the sums allowed upon each, and
certify the same to the comptroller, with the reasons for
the allowance; the chief officer of which shall be called
" auditor of accounts."




27
5. A bureau of licenses; the chief officer of which shall
be called " register of licenses."
6. A  bureau of markets; the chief officer of which
shall be called " superintendent of markets."
7. A  bureau for the reception of all moneys paid into
the treasury of the city, and for the payment of money on
warrants drawn by the comptroller and countersigned by
the mayor; the chief officer of which shall be called the
"chamberlain."
8. A. bureau for the collection of assessments; the
chief officer of which shall be called "collector of assessments," and his assistants "deputy  collectors of assessments."
SEC. 34. The chamberlain shall be appointed in the Appointment of
same manner as heads of departments, and shall hold his Lhamberoffice for four years, unless sooner removed, as herein
provided. He shall, within ten days after receiving notice To give
bond.
of his appointment and confirmation, and before he enters
upon his office, give a bond to the city in the sum of one
million dollars, with not less than four sufficient sureties,
to be approved by the comptroller, conditioned that he will
faithfully execute the duties 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.  Said chamberlain shall Duties of.
exhibit to the common council at its first meeting in the




28
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 by the chamberlain and mayor jointly;
but not exceeding two millions dollars shall be on deposit
at any time in any one bank or trust 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 deposits in, and moneys
drawn from, the banks and trust companies in which the
Weekly   deposits shall be made.  The  said  banks and  trust
statement of
deposits.  companies shall, respectively, transmit to the comptroller
a weekly statement 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, 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




29
expenditure of the amount named therein, examined and
allowed by the auditor, approved by the comptroller, and
filed in the department of finance, except in the case of
judgments, in which case a transcript thereof shall be filed,
nor except such warrant shall be authorized by law or
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 from said banks
or trust companies, unless by checks subscribed by him as
chamberlain and countersigned by the comptroller; and
no moneys shall be paid by either of the said banks or
trust companies on account of the treasury except upon
such checks.  The chamberlain shall exhibit his bank Monthly
statement.
book to the comptroller on the first Tuesday of every
month, and oftener when required. The accounts of the
city treasury shall be annually closed on the last day of
November, and shall be examined  in  the month of
December in said year by the commissioners of accounts.
Such commissioners shall examine the accounts and Annual
account.
vouchers of all moneys received into and paid out of the
city treasury during the year ending on the last day of
November next preceding such examination, and shall
certify and report to the mayor and the common council,
in the following month of January, 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 such examination if he entered




30
upon the execution of his duties since the last preceding
report, the balance in the treasury on the last day of
November preceding such examination, the amount of
moneys borrowed for or on the credit of the city during
such year, and the amount of bonds of the city issued
during such year, with the purposes for which and the
Warrants to authority under which such bonds were issued. Such
be compared.   commissioners shall also compare the warrants drawn by
the comptroller on the treasury during the year ending on
the last day of November preceding such examination,
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.
SEC. 35. [As amended by sec. 1, chap. 129, laws
of 1875.] The said chamberlain and mayor and the
Banks, how
chosen.     comptroller of the city of New  York shall, by a
majority vote, by written notice to the comptroller,
designate the banks or trust companies in which all
moneys of the mayor, aldermen, and commonalty of
the said city and county of New York shall be deposited, and may, by like notice, in writing, from
time to time, change the banks or trust companies
thus designated; but no such bank or trust company
shall be designated unless its officers shall agree to pay




31
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 not be less than two
and one-half per cent.  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
acccount of the several appropriations; and no warrant 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 Weekly
report.
chamberlain shall once in each week report in writing
to the mayor and to the comptroller all moneys received by him, the amounts of all warrants paid by
him since his last report, and the amount remaining
to the credit of the city and county of New York
respectively. The said chamberlain shall receive the salary.
sum of thirty thousand dollars annually and no more
for all his services as chamberlain of said city and as
county treasurer of the county of New York in lieu
of 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.  He may appoint and clerks.
remove at pleasure a deputy chamberlain and such
clerks and assistants as may be necessary, whose
salaries, together with all the expenses of his office,
shall be paid wholly by him, and shall in no case be




32
Commis-     a public charge. The commissions provided by law
sions.
and received by him for receiving and paying over
the state taxes and all interest accrued on deposits
shall be paid by him to the commissioners of the
sinking fund.*
ARTICLE VI.
Of the Law Department.
SEC. 36. The law department shall have the charge and
conduct of all the law business of the corporation and its
Counseito departments, and of all law business in which the city of
New York shall be interested, except as herein otherwise
provided; the charge and conduct of the legal proceedings necessary in widening, opening or altering streets,
and the preparation of all leases, deeds and other legal
paper connected with any department. No officer or
department, except as herein otherwise provided, shall
have or employ any attorney or counsel, but it shall be
the duty of the law department to furnish to every department and officer such advice and legal assistance as counsel or attorney, in or out of court, as may be required by
Attorneys, such officer or department; and for that purpose he may
when
appointed. assign an attorney to any department that he shall deem
to need the same, and may appoint the attorney for the
collection of personal taxes.
SEC. 3T. The head of the law  department shall be
* See Appendix, E.




called "counsel to the corporation."  He shall hold his
office for four years, and until his successor is appointed,
unless sooner removed, as herein provided.
SEC. 38. There shall be two bureaus in this department, Bureaus.
the chief officer of one of which shall be called the "corporation attorney," and the chief officer of the other of
which shall be called the "public administrator."  Such
echief officers shall not receive to their own use any fees
or emoluments in addition to their salaries, and they shall
pay into the treasury all costs and commissions received
by them 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,
and that such statement, with a detailed list of costs,
commissions, fines and penalties collected, shall be published in the City Record monthly, as furnished.  All Actions,
actions to recover penalties for a violation of any law or brought
ordinance shall be brought in the name of the mayor,
aldermen and the commonalty of the city of New York,
and not in that of any department, and shall be conducted
by the corporation attorney, subject to the control of the
corporation  counsel.  All fees received in said action FeeR.
shall be paid into the treasury of the city.  The counsel
to the corporation shall, once in three months, report to Quarterly
report.
the comptroller the names of parties to, and the objects of,
all suits pending in his department, when commenced,
and the number decided or ended, and in what manner,
during the past three months.
3




34
ARTICLE VII.
Of the Police Department.*
SEC. 39.  [As amended by sec. 1, chap. 300, laws
Police cor-  of 1874.]  The police department shall have for its
missioners.
head a board to consist of four persons, to be known
as police commissioners of the city of New  York,
who shall, except those first appointed, hold their
offices for six years, unless sooner removed as herein
provided. The office of the police commissioner of
the city of New York, whose term of office expires
on the first day of May, eighteen  hundred  and
seventy-four, is hereby abolished on and after said
date; the police department, on and after the first
day of May, eighteen hundred and seventy-four, shall
be under the charge and control of four commissioners, who shall perform all the duties and exercise
all the powers now by law  conferred or imposed
upon the police department of the city of New York.
Police force   SEC. 40. The police force shall be appointed by said
board, and shall be composed of a superintendent and
three inspectors, and as many captains of police, sergeants
of police, patrolmen and doormen of police, and as many
clerks and employees of police as the Board of police may,
from time to time, determine and the funds appropriated
allow, except that the number of patrolmen shall not be
* See Appendix, F, and sec. 1, chap. 755, Laws of 1873.




35
increased in any one year more than one hundred beyond
the number authorized the previous year. The Board of Police
surgeons.
police may appoint not exceeding twenty-two surgeons of
police, one of whom shall be designated as chief surgeon.
They shall detail from the force, to be under direction of
the mayor, not exceeding six patrolmen.
SEC. 41. The government and discipline of the police Goernmient
department shall be such as the Board may, from time to pline.
time, by rules and regulations, prescribe, but members of
the police force shall be removable only after written
charges shall have been preferred against them, and after
the charges have been publicly examined into, upon such
reasonable notice to the person charged, and in such manner of examination as the rules and regulations of the
board of police may prescribe. The clerks and employees Clerks.
shall, except as herein otherwise provided, be appointed
and removed at pleasure by the board of police, according
to fixed rules to be established by the board.
SEC. 42. The board  of police may, by resolationRetired list
on pension.
adopted by the unanimous vote of a full board, setting
forth the reasons therefor under such rule, retire from
office, in such police department or force, any inspector,
captain, sergeant, patrolman or surgeon (if disabled while
in the actual performance of duty), and place the person
so retired upon the pension-roll of the police life insur
ance fund, and allow him an annual retiring pension not
exceeding in amount one-third the annual salary or compensation of such office. But no such inspector, captain,




36
sergeant, surgeon or patrolman shall be so retired from
office and placed on the pension-roll except at his own
request in writing, unless due notice is given him of the
intention so to retire; nor unless it shall be certified to
the board by two of the police surgeons that he is, in their
opinion, permanently, mentally, or physically incapacitated from duty as such inspector, captain, sergeant, surgeon, or patrolman; nor unless the said board shall concur
in such opinion; nor unless the nature and origin of such
incapacity shall be stated in the resolution so retiring him.
Present   SEc. 43. Every person connected with the police deforce and
paycon-  partment of the city of New  York, at the time this act
tinued.
shall take effect, and except as otherwise herein ordered,
shall continue in office, and the amount of salary or compensation now legally paid to such person, except as
herein otherwise provided or authorized, shall be the
salary and compensation fixed for his office under this
act; but the commissioners to be appointed under this act
may fix the salary and compensation of such clerks other
than policemen whom they may be authorized by law to
employ.
Qualiica-    SEC. 44. No person shall everbe appointed to membertions for
member-  ship in the police force, or to continue to hold membership.
ship therein, who is not a citizen of the United States, or
who has ever been convicted of crime, or who cannot
read and write understandingly in the English language,
or who shall not have resided within the city and state




37
one year, but skilled officers of experience may be appointed for detective duty who have not resided as herein
required.  The name, residence, and occupation of each Appointments to be
applicant for appointment to any position in the police published.
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.
SEC. 45. The board of police may, upon an emergency special
patrolmen.
or apprehension of riot, tumult, mob, insurrection, pestilence, or invasion, appoint as many special patrolmen
without pay from  among the citizens as it may deem
desirable.  The board of police, with the approbation in Military
assistance.
writing of the mayor, or, in case of their disagreement,
the governor may, under similar circumstances, demand
the assistance of the military of the first division, or of
any brigade, regiment, or company thereof, by order in
writing, served upon the commanding officer of such division, and such commanding officer shall obey such
order.
SEC. 46. During the service of any special patrolman Powers of
special
authorized as aforesaid, he shall possess all the powers patrolmen.
and privileges, and perform all the duties that may be by
orders, rules, and regulations from  time to time prescribed. Every such special patrolman shall wear a badge,
to be prescribed and furnished by the board of police.




38
Resigna-  SEC. 47. No member of the police force, under penalty
tions
of forfeiting the salary or pay which may be due him,
shall withdraw or resign, except by permission of the
board of police. Unexplained absence, without leave,
of any member of the police force, for five days, shall
be deemed and held to be a resignation of such member,
and accepted as such.
Police board SEC. 48. The board of police shall have power to issue
may issue
subpoenas, subpoenas, tested in the name of its president, to compel
examine witnesses, etc. the attendance of witnesses upon any proceedings authorized by its rules and regulations. Each commissioner of
police, the superintendent thereof, and the chief clerk
and deputy thereof, are hereby authorized and empowered
to administer affirmations and oaths to any person summoned and appearing in any matter or proceeding, authorized as aforesaid, and in all matters pertaining to the
department or the duties of any officer, or to take any depositions necessary to be made under the orders, rules,
and regulations of the board of police, or for the purposes of this act. Any person making a complaint that
a felony or misdemeanor has been committed may be required to make affirmation or oath thereto, and for this
purpose the inspectors, captains, and sergeants of police
shall have power to administer affirmations and oaths.
False swear- Any willful or corrupt false swearing, by any witness or
ing.
person, to any material fact in any necessary proceeding
under the said orders, rules, and regulations, or under
this act, shall be deemed perjury, and punished in the




39
manner now prescribed by law for such offense.  The
provisions and procedure of chapter thirty-nine of the
laws of eighteen hundred and sixty, passed February
eighteen, eighteen hundred and sixty, are hereby applied
to the case of any witness subpoenaed under this section.
SEC. 49. The board of police may, with the authority Stationhouses.
and approval of the mayor and the common council, from
time to time, but with special reference to locating the
same as centrally in precincts as possible, establish, provide, and furnish stations and  station-houses, or substations and sub-station-houses, at least one to each precinct, for the accommodation thereat of members of the
police force, and as places of temporary detention for
persons arrested and property taken within the precinct;
and shall also provide and furnish such business accommodations, apparatus and articles, and provide for the
care thereof, as shall be necessary for the department of
police and the transaction of the business of the police
department.  And the money required for such purposes, Policefunds,
how raised.
and all other sums required for the police department,
shall be estimated for and raised in the manner in this
act provided generally for the estimating and raising of
the necessary funds for the carrying on of the work of
the several departments of the city government; and such
amounts as may be required from time to time by the said
department shall be-paid by the comptroller of said city,
on the requisition of the treasurer of said department, as
ordered by the board thereof, but in such sums and ac



40
cording to such modes and forms as shall be prescribed
by the finance department, under the provision of law
creating the same.
iules and    SEC. 50. The board of police are empowered, in their
regulations.
discretion, to enact, modify and repeal, from time to time,
orders, rules and regulations of general discipline of the
subordinates under their control, but in strict conformity
to the provisions of this act.
Powers of    SEC. 51. The members of the police force shall possess
police.
in the city of New York, and in every part of this state,
all the common law and statutory powers of constables,
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, by 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 act.
Arreststo be  SEC. 52. Each member of the police force, under the
taken at once
before near- penalty of ten days' fine, or dismissal from  the force, at
est magistateonr  the discretion of the board, shall, immediately upon an
house.
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 station-house or precinct thereof, until the next




41
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 Unduedetention.
shall be the duty of the said board, 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.
SEC. 53. No person holding office under this depart-Exemption
from jury
ment shall be liable to military or jury duty, and no officer and military
or patrolman, while actually on duty, shall be liable to
arrest on civil process, or to service of subpoena from civil
courts.
SEC. 54. The board of police shall provide suitable Houseof detention for
accommodations for the detention of witnesses who are witnesses.
unable to furnish security for their appearance in criminal proceedings, to be called the house for the detention
of witnesses; and such accommodation shall be in premises other than those employed for the confinement of
persons charged with crime, fraud, or disorderly conduct,
and be in command of a sergeant of police. And it shall
be the duty of all magistrates, when committing witnesses
in default of bail, to commit them to such house of detention of witnesses now or hereafter to be used for such
purpose.
SEC. 55. The board of police shall have power in its Dismissals.




42
discretion, on the conviction of a member of the force of
any legal offense or neglect of duty, or 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 unbecoming an
officer, or other breach of discipline, to punish the offending party by reprimand, forfeiting and withholding pay
Fines.   for a specified time, or dismissal from  the force; but no
more than thirty days' pay shall be forfeited for any
offense. All such fines shall be paid forthwith to the
treasurer of the department to the account of the police
life insurance fund.
officialap-   SEC. 56. Every member of the police force shall have
pointment.
issued to him  by the board of police, a proper warrant
of appointment, signed by the president of the said board,
and chief clerk or first deputy, which warrant shall contain
the date of his appointment and his rank.
Official oath. SEC. 57. Each member of the police force shall, before
entering 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
Treasurer to oath. The treasurer of the board of police shall give a
give bond.
bond, with two sureties, in the sum  of twenty thousand
dollars each, for the faithful performance of his duties;
said bond to be approved by the comptroller and filed in
his office.
SEC. 58. It shall be the duty of the superintendent of




43
police to detail, on each day of election, at least two Policemen
detailed at
patrolmen to each election poll.                          lection
polls.
SEC. 59. It shall be the duty of the police force, or any Election
booths.
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 to summarily remove any such booth, box or structure, or close
and prevent the use thereof.
SEC. 60. The duties of the police surgeons, and the Policesurgeons.
extent and bounds of their districts, shall be assigned
from  time to time by the rules and regulations of the
board of police.
SEC. 61. All property or money alleged or supposed to stolen property to be in
have been feloniously obtained, or which shall be lost or charge of
propertyabandoned, and which shall be hereafter taken into the clerk.
custody of any member of the police force, or criminal
court of the city of New York, or which shall come into
the custody of any police justice, shall be, by such member or justice, or by order of said court, given into the
custody of and kept by the property clerk of the police,
and all such property and money shall be particularly
registered by said property clerk in a book kept for that
purpose, which shall contain the name of the owner, 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




44
the same, the names of all claimants thereto, and any
final disposition of such property or money.
Property,    SEC. 62. Whenever property or money shall be taken
how returnei.  from persons arrested, and shall be alleged to have been
feloniously obtained, or to be the proceeds of crime, and
whenever so brought, with such claimant and the person
arrested, before some magistrate for adjudication, and the
magistrate shall be then and there satisfied from evidence
that the person arrested is innocent of the offense alleged,
and that the property rightfully belongs to him, then said
magistrate may thereupon, in writing, 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
such accused person.
Claims for    SEC. 63. If any claim to the ownership of such property
property to
be made on or money shall be made on oath before the magistrate, by
oath.
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.
Lost proper-  SEC. 64. All property or money taken on suspicion of
ty to be advertised in having been feloniously obtained, or of being the proceeds
City Record. 
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




45
the said police force, and all property and money taken
from  pawnbrokers as the proceeds 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 soon 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.
SEC. 65. All property and money that shall remain in when d
tained propthe custody of the property clerk for the period of six erty shll
I                                                      be sold.
months without any lawful claimant thereto, after having
been advertised in the City Record for the period of ten
days, shall 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 life insurance fund.
SEC. 66. If any property or money placed in the cus- When property or artitody of the property clerk shall be desired as evidence in les may be
-   JL -L   <~/                         used in
any police or other criminal court, such property shall be court
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 disposed of according to the previous
provisions of this act.
SEC. 6T. The board of police by this act created shall lowersconferred on
possess all the powers conferred upon the existing board olice
of police by hapter six hundred and seventy-seven of the
of police by chapter six hundred and seventy-seven of the




46
laws of eighteen hundred and seventy-two, and any act
or acts amendatory  thereof or supplemental thereto,
Shall estab- except as herein otherwise provided; and shall establish
lish a bureau
of street  in their department a bureau, which shall be called the
cleaning.
bureau of street cleaning; the chief officer of which shall
be a police officer and shall be called " inspector of street
cleaning;" and who shall, under the supervision of the
board of police, have charge of the cleaning of the streets,
Inspector on avenues and public places of the city. He shall superstreet cleaning.     vise and enforce the performance of the conditions of any
existing contract for such cleaning, or for the removal,
under any contract now existing or hereafter made by the
board of health, of night soil and contents of sinks and
privies, and offal and dead animals; and shall perform
such additional cleaning as, in the opinion of the board
of health, is necessary to keep said streets, avenues and
public places clean. He shall possess all the powers and
rights imposed upon or reserved to the city inspector in
any law or ordinance, or in any contract now  in force, so
far as the same relates to street cleaning.  He shall file
with the comptroller monthly a statement, under oath,
showing the number of persons, and at what salary or
compensation, that were employed during each day in the
preceding month, and shall keep and preserve regular
pay-rolls, which  shall be  open  to  reasonable  public
inspection.
Absenceor    SEC. 68. In case of the disability, absence or illness of
illness of
superintend the superintendent of police, the commissioners of police,
ent.




47
may, by resolution, designate such officer of the police
force as they may. choose to execute and perform  the
duties of the superintendent during the period of such
disability, absence or illness.
SEc. 69. The police department is hereby authorized Police funds
due from
and empowered, in its name or in the name of its presi- oty ofd
dent or treasurer, to take and prosecute any appropriate
action or proceeding in any court of record, or to continue any action heretofore commenced for such purpose,
which the board of police of the metropolitan police
district or its treasurer, or any other public officer or
officers, but for the passage of said act, and of any other
act passed since the first of January, eighteen hundred
and seventy, could have taken and prosecuted, to compel
the county of Richmond, or the board of supervisors of
that county, or any officer of that county, to make payment of the sums due from and owing by said county of
Richmond, by reason of the failure of said county and
its officers to pay to the said board of metropolitan police,
or the treasurer of said board of police, or into the
treasury of the state, the moneys required to pay the
salaries and compensation of the members of the police
force of the metropolitan police district doing duty in the
said county of Richmond, and defray the other lawful
expenses of said police force, chargeable upon the said
county of Richmond, as specified in the annual financial
estimates heretofore made by the said board of metropolitan police, and all moneys that may be so collected shall




48
be paid to the chamberlain of the city of New York; the
moneys so due and owing having been advanced, by the
said board of metropolitan police, out of moneys raised in
and contributed to the metropolitan police fund by the
county of New York.
ARTICLE  VIII.
Of the Department of Public Works.
Commis-    SEC. 70. There shall be a department of public works,
sioner.
the head or chief officer of which shall be called " commissioner of public works," who shall'hold office for four
years, and until his successor is appointed, unless sooner
removed, as herein  provided.  Whenever the words
"street commissioner" shall occur in any existing law,
ordinance, resolution, contract or document, it shall be
deemed to mean the aforesaid commissioner of public
works, and whenever in any law, or in any ordinance of
the corporation, the words "street department" shall
occur, it shall be deemed and construed hereafter to
mean the department of public works and the commisDeputy.  sioner thereof. The commissioner of public works may
appoint a deputy commissioner of public works, who
shall, in addition to his other powers, possess every power
and perform all and every duty belonging to the office of
said commissioner, whenever so empowered by said commissioner by written  authority, designating therein a
period of time not extending beyond the period of three




49
months, nor beyond the term of office of the said commissioner of public works, during which said power and duty
may be exercised; and such designation and authority
shall be duly filed in and remain on record in the department of public works. The said deputy commissioner of Powers of
deputy.
public works shall possess the like authority in the case
of the absence or disability of the commissioner of public
works. An'd it shall be the duty of the commissioner to Powers of
commisremove all obstructions now existing, or which may here- sioner.
after be placed upon any street or sidewalk, or public
ground not inclosed in any public park; provided, however, that nothing. contained in this section shall affect or
prevent the continuance  of any  proceedings already
commenced for assessing the expense of executing any
contract made by the department of public works or the
commissioner thereof.
SEc. 71. The said department shall have cognizance and
control1. Of all structures and property connected with the
supply and distribution of Croton water.
2. Of the collection of the revenues arising from the
sale or use of the Croton water.
3. Of opening, altering, regulating, grading, flagging,
curbing, guttering, and lighting streets, roads, places and
avenues.
4. Of repairing and construction of public roads.
4




50
5. Of the care of public buildings.
6. Of the filling of sunken lots.
7. Of public sewers and drainage.
8. Of street vaults and openings in sidewalks.
9. Of paving, repairing and repaving streets, and keeping the same clear of obstructions..*
10. Of digging and constructing wells.
Bureaus.   SEC. 72. There shall be eight bureaus in the department
of public works:
ater pu-   1. A  bureau for laying water-pipes, and the construcveyor'    tion and repair of sewers, wells and hydrants, paving and
repaving and repairing streets, the chief officer of which
shall be called " water purveyor."
Water regis-  2. A bureau for the collection of revenue derived from
ter.
the sale and use of water; the chief officer of which shall
be called " water register."
chief engi-   3. A bureau having care of all structures and property
neer.
connected with the supply  and  distribution  of Croton
water; the chief officer of which shall be called "chief
engineer of the Croton aqueduct," with power to appoint
and remove at pleasure, and detail a staff of assistant
engineers.  He and they must be civil engineers of at
least ten years' experience. The commissioner may delegate to this bureau any power and duty now conferred by
* See Appendix, G.




51
law  or ordinance on the chief engineer of the Croton
aqueduct board.
4. A bureau for grading, flagging, curbing and gutter- Supeintndent of
ing streets; the chief officer of which  shall be calledstreet improvements.
"superintendent of street improvements."
5. A  bureau of lamps and gas; the chief officer of Superintenden t of lamps
which shall be called " superintendent of lamps and gas." and gas.
6. A  bureau of streets and roads; the chief officer of Superintendent of
which shall be called " superintendent of s     streets. tt.
7. A  bureau of repairs and supplies, which shall have Superintend1. 1.11 ~entof repairs
cognizance of all supplies and repairs to public buildings, and supplies.
works, lands, and places, and all other repairs and supplies not provided for in other departments; the chief
officer of which shall be called " superintendent of repairs
and supplies," and shall be a practical builder.
8. A bureau for the removal of incumbrances on the Superintendent of instreets or sidewalks; the chief officer of which shall be cumbrances.
called the "superintendent of incumbrances," to whom
all complaints shall be made, and by whom such incumbrances shall be removed.
SEC.'3. The commissioner of public works, in  con- Contact for
lighting
junction with the mayor and comptroller, is authorized streets.
from  time to time to contract, as provided in section
ninety-[one] of this act, for lighting the streets, avenues
and places of the city with gas, but shall not make any
arrangement or agreement with  any company or com



52
panies for such purpose for a period longer than one year
at any given time, nor for an amount in excess of the
Water   amount appropriated therefor.   The commissioner of
meters.
public works is hereby authorized, in his discretion, to
cause water meters, the pattern and price of which shall
be approved by the mayor, comptroller, and chief engineer of the Croton aqueduct, to be placed in all stores,
workshops,  hotels,  manufactories,  public edifices, at
wharves, ferry-houses, stables, and in all places in which
water is furnished for business consumption by the department of public works, except private dwellings, so
that all water so furnished therein  or thereat may be
measured and known by the said department, and for the
purpose of ascertaining the ratable portion which consumers of water should pay for the water therein or thereat
water bills. received and used.  Thereafter, as shall be determined by
the commissioner of public works, the said department
shall make out all bills and charges for water furnished
by them to each and every consumer as aforesaid, to whose
consumption a meter as aforesaid is affixed, in ratable
proportion to the water consumed, as ascertained by the
meter on his or her premises or places occupied or used
etersalien as aforesaid.  All expenses of meters, their connections
n prmiS. and setting, water rates, and other lawful charges for the
supply of Croton water, shall be a lien upon the premises
where  such  water is supplied  as now  provided by
law.  Nothing herein contained shall be  construed  so
as to remit or prevent the due collection of arrearages or
charges for water consumption heretofore incurred, nor




53
interfere with the proper liens therefor, nor of charges or
rates, or liens hereafter to be incurred for water consumption in any dwelling-house, building or place which may
not contain one of the meters aforesaid.  The department To possess
certain
of public works hereby created shall have and possess all powers of
the powers and functions heretofore or now possessed by of prks.
the department of public parks, or the department of
public works, in relation to the construction of the boulevard (road or public drive), streets, avenues, and roads
above Fifty-ninth street, not embraced within the limits
of or immediately adjacent to any park or public place;
and all provisions of law conferring powers, and devolving
duties upon the department of public parks, in relation
thereto, are hereby transferred to and conferred upon the
said department of public works.
ARTICLE IX.
Of the Department of Public Charities and
Corrections.
SEC. 74. The department of public charities and cor- Boardof
charities and
rection shall hereafter be composed of and have for its correction.
head a board of three persons, which board shall possess
all the powers and discharge all the duties now conferred
upon such department by special laws and by all the provisions of chapter five hundred and ten of the laws of
eighteen hundred and sixty, and the acts and parts of acts
amendatory thereof, except as the same are modified or
repealed by the provisions of this act. The commission- Their term
of office.




54
ers, except those first appointed, shall hold office for six
years, unless sooner removed as herein provided.  There
shall be under said commissioners a bureau of charities
Bureaus.  and  a bureau of correction.  The bureau of charities
shall have charge of all matters relating to persons not
criminals. The bureau of correction shall have charge of
all matters relating to criminals.
SEC. 75. [As amended  by sec. 10, chap.  757,
Moneys, how    laws of 1873.]  No money belonging to the city, or
used.
city and county of New  York, 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, or said city and
county, be disposed 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, or city and
county, be leased to any school under the control of
any religious or denominational institution, except
upon such terms as city property may be leased to
private parties after the same has been duly advertised.




55
ARTICLE X.
Of the Fire I)epartment.*
SEC. 76. The fire department shall have for its head a Fire commissioners.
board, to consist of three persons to be known as fire
commissioners of the city of New York, who, except those
first appointed, shall hold their offices for six years, unless
sooner removed  as herein  provided.   There shall be
in this department three bureaus.  One bureau shall be Bureas.
charged with the duty of preventing and extinguishing
fires and of protecting property from water used at fires,
the principalofficer of which shall te called the "chief
of department."  Another bureau shall be charged with
the execution of all laws relating to the storage, sale and
use of combustible materials, the principal officer of which
shall be called "inspector of combustibles."   Another
bureau shall be charged with the investigation  of the
origin and cause of fires, the principal officer of which
shall be called  "fire marshal."  The fire marshal shall Fire
marshal.
possess all the powers and perform  all the duties now
possessed and performed by the fire marshal, and appointed pursuant to chapter three hundred and eightythree of the laws of eighteen hundred and seventy, and
chapter five hundred  and eighty-four of the laws of
eighteen hundred and seventy-one, and the acts amendatory or supplementary thereof. Such fire marshal and
his assistants shall hereafter be appointed by the board of
* See Appendix, H.




56
fire commissioners, who shall possess all the powers with
reference thereto conferred by said acts upon the board
of police.
Discipline    SEC. 77. The government and discipline of the  fire
rules,
order, etc. department shall be such as the board may from time to
time by rules, regulations, and orders prescribe; but
officers and members of the uniformed force shall be
removable only after.written charges shall have been
preferred against them, and after the charges have been
publicly examined into, upon such reasonable notice to
the person charged, and in such manner of examination
as the rules and regulations of the board of commissioners
may prescribe. Sections forty-eight, fifty, fifty-one fiftyfive, fifty-eight, sixty, sixty-one, sixty-two, of chapter one
hundred and thirty-seven of the laws of eighteen hundred
and seventy, are hereby made applicable to the fire department and its subordinates, so far as the same are pertinent, in the same manner as if the same were therein
Fines.    named.  Any and all fines collected from  subordinates
shall be deposited in "the fire department relief fund"
created by chapter seven hundred and forty-two of the
laws of eighteen hundred and seventy-one, and the treasurer of said fund shall give a bond, with one or more
sureties, in the sum of twenty thousand dollars for the
faithful performance of his duties; said bond to be
approved by the comptroller and filed in his office.
SEC. 78. [As amended by sec. 11, chapa. 757, laws
Membership,    of 1873. ]  No person shall ever be appointed to




57
membership in the fire department, or continue to
hold membership therein, who is not a citizen of the
United  States, or who has ever been convicted of
crime, or who cannot read and write understandingly
in the English  language, or who shall not have
resided within the state one year.
SEC. 79. The board of commissioners by this act created General
powers of
shall possess and exercise all the powers and perform all board.
the duties conferred  and prescribed  by  chapter two
hundred and forty-nine of the laws of eighteen hundred
and sixty-five, and any act or acts amendatory thereof or
supplementary thereto, not inconsistent with the provisions of this act, and except as herein otherwise provided.
ARTICLE XI.
Of the Health Department.*
SEC. 80. The Health Department shall consist of the Board of
health.
president of the board of police, the health officer of the
port, and two officers to be called "commissioners of
health," one  of whom  shall have been  a pratising
physician for not less than five years preceding  his
appointment.  The commissioner of health, who is not a
physician, shall be the president of the board, and shall
be so designated in  his appointment.  These  several
officers shall together constitute a board, which shall be
* See Appendix, I.




58
the head of the health department.  The commissioners
of health, except those first appointed, shall hold their
offices for six years, unless sooner removed as herein
provided.
Bureaus.    SEC. 81. There shall be two bureaus in this department.
The chief officer of one bureau shall be called the "sanitary superintendent," who, at the time of his appointment,
shall have been, for  at least ten  years, a practising
physician and for three years a resident of the city of
New York, and he shall be the chief executive officer of
said department.  The chief officer of the second bureau
Record of shall be called the "register of records;" and in said
birth, etc.
bureau shall be  recorded, without fees, every  birth,
marriage and death, and all inquisitions of coroners which
shall occur or be taken within the city of New York. But
in cases of inquests, where the jury shall find that death
was caused by negligence or malicious injury, only a copy
of the record need be filed in said bureau. Said board
may, with the consent of the board of police, impose any
portion of the duties of subordinates in said department
upon  subordinates in the  police department and may
delegate any portion of its powers to the president or
sanitary superintendent, tobe exercised when the board
Board may is not in session. The said board of health may appoint
appoint attorney.   an attorney at a salary not exceeding two thousand five
hundred dollars a year, to be provided for and paid as
other salaries in said department.
Sanitary   SEC. 82. It shall be the duty of said board, immediately
code.




59
upon organization under this act, to cause to be conformed
to this article the sanitary ordinances then  or lately
adopted by the existing department of health, which shall
be called the "sanitary code."  And said health department is hereby authorized and empowered to add to such
sanitary code, from time to time, and shall publish additional provisions for the security of life and health in the
city of New York, and therein to distribute appropriate
powers and duties to the members and employees of the
board of health, which shall be published in the City
Record.  Any violation of said code shall be treated and Penalty for
violations.
punished as a misdemeanor, 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 mayor, aldermen, and
commonalty of the city of New York. All orders duly
made by the existing department of health, and by their
terms or necessary legal effect to be 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 hereby created; and the said orders may be severally rescinded or modified by last said department, with
like effect as could have been done by the existing department of health at the time the said orders were severally
made. The said department may discharge all liens upon Liens.
real estate in the city of New York, created in proceedings instituted by the metropolitan board of health, or the
existing department of health, in the same manner and
for the same causes that, by laws existing January first,




60
eighteen hundred and seventy, they could be discharged
by the metropolitan board of health.
Powers of      [Amended by adding the following —sec. 12, chap.
former acts
mergedn      757, claws of 1873.]  The authority, duty and powers
board.                                                   poer
conferred or enjoined upon the metropolitan board of
health 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
board, not inconsistent with the provisions of this act,
are hereby conferred upon and vested in, or enjoined
upon, and shall hereafter be exclusively exercised in
the city of New York, by the health department and
board of health created by this act; and by the
officers of the said board of health and the said
health department; and the same are to be exercised
in the manner specified in the said chapter seventyfour, of the laws of eighteen hundred and sixty-six,
and the several acts amendatory thereof, and by any
other subsequent laws of the state, and in conformity
to the provisions of this act.
ARTICLE XII.
Of the Department of Public Parks.*
SEC. 83. [As amended by sec. 13, chap. 757, laws
Commission-    of 1873.]  The department of public parks shall
era of parks.
* See Appendix, F, sec. 2.




61
control and manage all public parks and streets immediately  adjoining  the  same above Fifty-ninth
street, and public places which are the realty of the
city of New York, except the buildings in the city
hall park, and save as herein otherwise provided;
and shall have all the powers and duties belonging to Powers.
the department or commissioners of parks not inconsistent with the provisions of this act, and the laying
out and preparing maps and plans of all streets,
avenues and drives above Fifty-ninth street.
SEC. 84. [As amended by sec. 2, chap. 300, laws of
1874.]  This department shall be under the charge of Organization of
a board to consist of four members, who, exceptboard.
those first appointed, shall hold their offices for five
years, unless sooner removed as herein provided.
The office of the commissioner of parks, whose term
of office expires on the first day of May, eighteen
hundred and seventy-four, is hereby abolished on
and after said date.  The department of public
parks, on and after the first day of May, eighteen
hundred and seventy-four, shall be under the charge
and control of four commissioners, who shall perform Boardto
consist of
all the duties and exercise all the powers now by law fourcommis-, sioners.
conferred or imposed upon the department of public
parks of the city of New York.




62
ARTICLE XIII.
Of the Department of Buildings.*
SEC. 85. [As amended by sec. 15, chap. 757, laws
Superintend-    of 1873.]  There shall be a department called the
ent of buildings.       department of buildings, which shall be under the
control of an officer, who shall be known as the
superintendent of buildings, and shall be the same
person nominated as commissioner of buildings by
the mayor of the city of New York on the fifteenth
day of May, one thousand eight hundred and seventythree, and confirmed by the board of aldermen of
said city on the sixteenth day of May, one thousand
eight hundred  and  seventy-three,  which  said
superintendent shall hold office for the full term for
which said  commissioner  was  appointed, unless
sooner removed, as provided by law for the removal
of heads of departments.
SEC. 86. [As amended by sec. 15, chap. 757, laws
Powers and  of 1873.]  Each and all the powers and duties of said
duties continued.     department and all its officers and employees, and
subordinates, and their qualifications shall continue,
and be exercised as now authorized by special laws in
relation to buildings in the city of New York; and
it shall not be lawful for any officer or employee in
said department to be engaged in conducting or
* See Appendix, J.




63
carrying  on business as an  architect,  carpenter,
mason, or builder, while holding  office in said
department.
ARTICLE XIV.
The Department of Taxes and Assessments.
SEC. 87. The department of taxes and assessments shall Commissioners of taxes
have for its head a president, who shall be so designated and assein his appointment, and two commissioners, who together
shall possess all the powers and perform all the duties
now possessed and performed by the commissioners of
taxes and assessments.  Except that it shall require aRemission of
taxes.
majority of such commissioners to correct or reduce the
assessed valuation of the personal property of any person,
and that no tax or personal property shall be remitted,
canceled, or reduced, unless the  applicant or party
aggrieved shall satisfy the commissioners that he has' been
prevented by absence from  the city or by illness from
making his complaint or application to them within the
time allowed by law for the correction of taxes. They
may regulate and abolish the subordinate  offices and
bureaus, as shall seem most advantageous to the public
service.  They shall, except those first appointed, hold Term of
their offices for six years, unless sooner removed as herein
provided.




64
ARTICLE XV.
Of the Department of Docks.
Department  SEC. 88. There shall be a department of docks, the
of docks.
head of which shall be a board  consisting of three
persons residing in the city of New York, who, except
those first appointed, shall hold office for the term of six
years, unless sooner removed as herein provided, and shall
possess such powers and perform such duties as are now
possessed by the existing department of docks, but said
Exterior  board shall not have the power to change the exterior line
line.
of piers and bulk-heads in the city of New York as now
established by law.
ARTICLE XVI.
General Provisions, Powers, and Limitations.
Quorum.    SEC. 89. A majority of the members of a board in any
department of the city government, and also of the board
for the revision and  correction  of assessments, shall
constitute a quorum  to fully perform  and discharge any
act or duty authorized, possessed 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 herein otherwise
Officers.  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




65
its treasurer, and may appoint a chief clerk or secretary.
No expense shall be incurred by any of the departments, How expenses may
boards, or officers thereof, unless an appropriation shall be inurred.
have been previously made covering such expense.
SEC. 90. Whatever provisions and regulations, other Full powers
given to
than  those  herein  specially  authorized, may  become out
requisite for the fuller organization, perfecting, and carrying out of the powers and duties prescribed  to any
department by this act, shall be provided for by ordinance
of the common council, who are hereby authorized to
enact such necessary ordinances.  And it shall be the  fficersintrusted with
duty of the common council to provide for the account- fundsto give
security.
ability 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 intrusted, by requiring from
them sufficient security for the performance of their duties
or trust, which security shall be annually renewed; but
the security first taken shall remain in force until new
security shall be given.
SEC. 91. All contracts to be made or let for work to be ontracts.
done, or supplies to  be  furnished, except as herein
otherwise provided, and all sales of personal property in
the custody of the several departments or bureaus, shall be
made by the appropriate heads of departments under such
regulations  as now  exist or shall be established  by
ordinances of the common council.  Whenever any work Work to be
done under
is necessary to be done to complete or perfect a particular contracts.
job, or any supply is needful for any particular purpose,
5




66
which  work and job  is to be undertaken or supply
furnished for the corporation, and the several parts of the
said work or supply shall together involve the expenditure
of more than one thousand dollars, the same shall be by
contract, under such regulations concerning it as shall be
established by ordinance of the common council, excepting
such works now in progress as are authorized by law or
ordinance to be done otherwise than by contract; and
unless otherwise ordered by a vote of three-fourths of the
members elected to the common council; and all contracts
Proposals to shall be entered into by the appropriate heads of departbe advertised.    ments, and shall, except as herein otherwise provided, be
founded on sealed bids or proposals, made in compliance
with public notice duly advertised in the City Record,
said notice to be published at least ten days; and all such
contracts, when given, shall be given to the lowest bidder,
the terms of whose contracts shall be settled by the counsel
to the corporation as an act of preliminary specification to
Contractor the bid or proposal, and who shall give security for the
to give security.   faithful performance  of his contract in  the  manner
prescribed and required by ordinance; and the adequacy
and sufficiency of this security shall, in addition to the
justification and acknowledgment, be approved by the
Bids to be comptroller. All bids or proposals shall be publicly
publicly
opened.   opened by the officers advertising for the same and in the
presence of the comptroller, but the opening of the bids
shall not be postponed if the comptroller shall, after due
Neglect to notice, fail to attend. If the lowest bidder shall neglect
ratify an accepted bid. or refuse to accept to contract within forty-eight hours




67
after written notice that the same has been awarded to his
bid or proposal, or if he accepts but does not execute the
contract and give the proper security, it shall be re-advertised and relet as above provided. In case any work shall
be abandoned by any contractor, it shall be re-advertised
and relet by the head of the appropriate department, in
the manner in this section provided.
SEC. 92. All property sold shall be sold at auction, after Property to
be sold at
previous public notice, under the superintendence of the auction.
appropriate head of department.  Every contract, when Contracts to
be filed in
made and entered into, as before provided for, shall be duplicate.
executed in duplicate, and shall be filed in the department
of finance; a receipt for each payment, made on account
of or in satisfaction of the same, shall be indorsed on the
said contract by the party receiving the warrant, which
warrant shall be only given to the person interested in
such contract, or his authorized representative. The pro- Proceeds of
sales.
ceeds of all sales made under and by virtue of this act
shall, except as provided in section sixty-five hereof, be
by the officer receiving the same immediately deposited
with the chamberlain; and the account of sales, verified
by the officer making the sales, shall be immediately filed
in the office of the comptroller.  No expenditure for
work or supplies involving an amount for which no contract is required shall be made, except the  necessity
therefor be certified to by the head of the appropriate
department, and the expenditure has been duly authorized
and appropriated.




68
Certificate of SEC. 93. Every person who shall be appointed or elected
office.
to any office under this act shall receive a certificate of
appointment, designating the term for which such person
has been appointed or elected.
Oath to be    SEC. 94. Every person elected or appointed to any office
taken by all
officers.   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 affirmation faithfully to perform the
duties of his office; which oath or affirmation shall be
filed in the office of the mayor.
violationsof SEC. 95. Any officer of the city government, or person
this act, how
punished. employed in its service, who shall willfully violate or
evade any of the provisions of this act, or commit any
fraud upon the city, or convert any of the public property
to his own use, or knowingly 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 willfully swear falsely in any oath or affirmation
required by this act shall be guilty of perjury.
SEC. 96. [As amzended by sec. 16, chap. 757, laws of
Salary in     1873.]  No officer of the city government, except the
lieu of fees,
perquisites,  city marshals, shall have or receive to his own use
eto.




69
any fees, perquisites, 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, perquisites, 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 re- Fees, etc., to
be paid over
ceived as above or for licenses or permits shall be weekly.
paid over weekly, without deduction, by the officers
or department receiving them, to the chamberlain,
and a detailed return under oath shall at the same
time be made in such form as the comptroller shall
prescribe, stating when and from  whom, and for
what use, such moneys were received. But nothing
herein contained shall be construed so as to repeal,
modify, or otherwise affect the provisions of the
fourteenth section of chapter seven hundred and
forty-two of the laws of eighteen  hundred  and
seventy-one.




70
Salaries, how   SEC. 9T. The salaries of all officers paid from  the city
fixed.
treasury, whose offices now exist but are not embraced in
any department, shall be fixed by the board of apportionment.  Such board may, by a majority vote, reduce any
such salaries, but shall not increase the salary  of any
office the compensation of which now exceeds three thousand dollars.
Whensala-   SEC. 98. The salaries of all officers, whose offices may
ries shallbe
prescribed be created by the common council for the purpose of givby ordinance.   ing effect to the provisions of this act, shall be prescribed
by ordinance or resolution, to be passed by the common
council, and approved as hereinbefore provided for the
approval of ordinances or resolutions.
Bidder in  SE. 99. No bid shall be accepted from, or contract
arrears.
awarded to, any person who is in arrears to the corporation upon debt or contract, or who is a defaulter, as surety
or otherwise, upon any obligation to the corporation.
Bribery, in    SEC. 100. Every person who shall promise, offer, or
any form, to
be deemed give, or cause, or aid, or abet in causing to be promised,
felony.
offered, or given, or furnish or agree to furnish, in whole
or in part, to any other person, to be promised, offered or
given, to any member of the common council, or any
officer of the corporation, or clerk, after his election or
appointment as such officer, member, or clerk, or before or
after he shall have qualified and taken his seat, or entered
upon his duty, any moneys, goods, right in action or other
property, or anything of value, or any pecuniary advan



71
tage, present or prospective, with intent to influence his
vote, opinion, judgment or action on any question, matter,
cause or proceedings which may be then pending, or may
by law be at any time brought before him in his official
or clerical capacity, shall be deemed guilty of a felony,
and shall, upon conviction, be imprisoned in a peniten- Howpun
ished.
tiary for a term not exceeding two years, or shall be fined
not exceeding five thousand dollars, or both, in the discretion of the court. Every officer in this section enumerated, who shall accept any such gift or promise, or undertaking to make the same under any agreement or understanding that his vote, opinion, judgment or action shall
be influenced thereby, or shall be given in any question,
matter, cause or proceeding then or at any time pending,
or which may by law be brought before him in his official
capacity, shall be deemed guilty of a felony, and shall,
upon conviction, be disqualified from holding any public
office, trust or appointment under the city of New York,
and shall forfeit his office, and shall be punished by imprisonment in the penitentiary not exceeding two years, or
by a fine not exceeding five thousand dollars, or both, in
the discretion of the court.  Every person offending ffenders
competent
against either of the provisions of this section shall be witnesses.
a competent witness against any other person offending
in the same transaction, and may be compelled to appear
and give evidence before any grand jury, or in any court,
in the same manner as other persons; but the testimony so
given shall not be used in any prosecution or proceeding,
civil or criminal, against the person so testifying.




72
Corporation   SEC. 101. No member of the common council, head of
officers not                                              I
rbein-   department, chief of bureau, deputy thereof, or clerk
therein, or other officer of the corporation, shall be or
become, directly or indirectly, interested 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 common
council; nor 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.
Penalty.  If any person in this section mentioned shall, during the
time for which he was elected or appointed, knowingly
acquire an interest 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 as for a
When con- misdemeanor.  All such contracts in which any such
tract shall be
declared person is or becomes interested shall, at the option of the
void.
comptroller, be forfeited and void.  No person in this
section named shall give or promise to give any portion
of his compensation 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 employee, under the penalty of forfeiting his office and
being forever disqualified from  being elected, appointed,




73
or employed in the service of the city, and shall, on conviction, be punished for a misdemeanor.
SEC. 102. [As amended by sec. 17, chap. 757, laws Commissioners of the
of 1873.]  There shall continue to be, as now pro- finking
vided and recognized by special laws and ordinances,
a board of commissioners of the sinking fund composed of the mayor, recorder, chamberlain, comptroller, and the chairman of the finance committee
of the board of aldermen, with all the powers and
duties now assigned, designated and ratified by existing laws and ordinances.  The said board shall Have power
to sell or
have power to sell or lease, for the highest market- esepropable price or rental, at public auction or by sealed
bids, and always after public advertisement and appraisal under the direction of said board, any city
property, except wharves and piers.  But if said Marketproperty.
property be market property, excepting the market
between Sixteenth and Seventeenth streets, east of
avenue "C," the market in Gouverneur slip, and the
market in Old slip, it shall not be sold or leased unless
under a condition that the puschaser or lessee thereof
shall maintain said market property as and for the
purposes of a public market, for at least ten years
from and after such sale or lease, and under due ordinances of the common council or of the department of health, or under stipulations in the deed of
sale or lease. The proceeds of said sale or leasing Proceeds of
shall, on  re ~eipt thereof,  after paying  necessaryl
shall, on receipt thereof, after paying necessary




74
charges, be immediately paid to the credit of the
sinking fund. It shall be lawful for the commissioners of the sinking fund of the city of New York,
in their discretion, and they are hereby empowered
in such discretion to cancel any portion of the indebtedness of the said city held by them, which is by
law redeemable from the sinking fund, and to sell
any stocks and bonds which they may hold that are
not payable from said fund, and with the proceeds of
such sale of stocks and bonds to buy any other stocks
and bonds which are payable from said fund.
SEC. 103. [Repealed by sec. 18, chap. 757, laws of 1873.]
Election   SEC. 104. All the provisions of law now in force in relaws, how
applied.   gard to the duration, manner of conducting elections, and
canvass, estimate and disposition of votes at general elections shall apply to each election of city officers.
Board of   SE. 105. The mayor, comptroller, commissioner of
street opening, power public works, the president of the department of public
of.
parks, and the president of the board of aldermen, shall
hereafter together form  a board to be known as "the
board of street opening and improvement," in place and
stead of the board of street openings heretofore constituted4 by law; shall keep full records of its proceedings,
and shall have all the powers and authority as to laying
out, opening, widening, straightening, extending, altering
and closing streets or avenues, or parts of streets or
avenues, in that part of the city of New  York south




75
of Fifty-ninth  street, now  in  any manner otherwise
conferred and vested  by any other law  or provision
thereof, or under existing laws which relate to altering the map or plan of said city; and the said board
are hereby authorized and empowered, whenever they
may deem  it for public interest so to do, after laying
its proposed action before the board of aldermen, and
publishing full notice  of the same for ten days in the Noticesto
lay out new
City Record herein provided for, to alter the map or plan stts t b
of New York city so as to lay out new streets in said part
of said city, and from time to time to cause maps, showing the several streets or avenues so laid out, opened,
widened, straightened, extended, altered or closed by
them, to be certified by them  and filed, one in the office
of the department of public works of said city, and one in
the office of the counsel to the corporation of said city, and
it shall be the duty of the said counsel to the corporation,
on the filing of said maps in his office, together with a
requisition in writing of said board, immediately to take
proceedings, in the name of the mayor, aldermen and
commonalty of said city, to acquire title for the use of the
public to the land required for the streets or avenues so
laid  out, opened, widened, straightened, extended  or
altered, and for that purpose to make application to the
supreme court in the first judicial district, and in such
manner as the said board shall direct, for the appointment
of commissioners of estimate and assessment, indicating
in such application the land required for that purpose by
reference to said maps on file as aforesaid; and the pro



76
Proceedings ceedings to acquire title to such lands shall be had purto acquire
title.    suant to such acts as shall be then in force relative to the
opening, straightening,, extending, widening or altering
streets, roads, avenues and public squares and places in
the city of New York, which said acts, so far as the same
are not inconsistent with the provisions of this section,
are hereby made applicable to the streets and avenues,
or parts of streets and avenues, so laid out, opened,
widened, straightened, extended  and  altered, and  to
the proceedings authorized hereby, except that the commissioners of estimate and assessment who may be appointed by the supreme court for acquiring title to any
land required for the purposes of this section may assess
therefor all such lands and tenements as they may deem
to be benefited by such improvement, and to the extent
and  amount which  they  may  deem  such lands and
closing of tenements'benefited thereby; and the said board is also
streets.
authorized and empowered to close all such streets and
avenues, or such parts thereof as they may deem  for the
public interest so to do, and to direct the said counsel to
the corporation to take such proceedings in the name of
the mayor, aldermen and commonalty for the closing of
such streets or avenues, or parts thereof, as are now or
shall be then provided by law, who shall thereupon apply
to the supreme court for the appointment of commissioners of estimate and assessment in the matter of the closing
of said street, avenue or part thereof in the manner proWhen legal vided by law.  And said board is also authorized and
proceedings 
as to streets                               
maybedis- empowered to discontinue any and all legal proceedings
continued.




77
taken for laying out, opening, widening, straightening,
extending, altering or closing streets or avenues, or parts
of streets or avenues, south of Fifty-ninth street, under
this act, at any time before the confirmation of the report
of the commissioners of estimate and assessment in such
proceedings, if in the opinion of said board the public interest requires such discontinuance, and with power to
cause new proceedings to be taken in such cases for the
appointment of new  commissioners.  A majority of said Quorum of
board.
board shall constitute a quorum, but the vote of a majority
of all the members thereof shall be necessary to any act
of said board.  The comptroller of the city of New York,
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 appropriations for each current year. No action shall Actions on
claims.
be maintained against the mayor, aldermen and commonalty of the city of New York, unless the claim on which
the action is brought has been presented to the comptroller, and he has neglected for thirty days after such presentment to pay the same.  Before any execution shall beNoticeto
comptroller
issued on any judgment recovered upon such a claim, a of judgnotice of the recovery thereof shall also be given to the
comptroller, and he shall be allowed ten days to provide
for its payment by the issue of revenue bonds in the usual
manner according to law.
SEC. 106. The mayor shall, from time to time, appoint




78
commission- and remove at pleasure two persons, who, together with
ers of ac-.
"cnts   the president of the department of taxes and assessments,
shall be commissioners of accounts. It shall be their
duty, once in three months, and oftener if they deem it
proper, to examine all vouchers and accounts in the offices
of the comptroller and chamberlain, and to make and
publish, in the City Record, a detailed statement of the
financial condition of the city, showing the amount of its
funded and floating debt, the amount received and expended since the last preceding report, with a classification of the sources of revenue and expenditure, and such
Duties of. other information as they shall deem proper. They shall
from time to time make an examination of the expenses
of the several departments and officers, and make such
recommendations to the board of apportionment, and
other officers, with reference thereto, and particularly
with reference to salaries and duties, as they deem adsalary.   visable.  Any one of such  commissioners shall have
authority at any time to make any such examination, and
such two appointed commissioners shall be paid a reasonable compensation, to be fixed as other expenditures by
the board of apportionment, not exceeding three thousand
dollars each annually.
Departments  SEC. 107. The heads of all departments, except the
to furnish
certified   police department, and the chiefs of each and every
copies of all
papers re- bureau of said departments, or any of them, except the
quired.
police department, shall, with reasonable promptness,
furnish to any taxpayer desiring the same a true and cer



79
tified copy of any book, account or paper kept by suchBooks open
department, bureau, or officer, or such part thereof as may public.
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 department,
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 Order of
court in case
refused, such taxpayer, on his sworn petition, describing ofrefusalto
inspect
books.
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.
SEC. 108. It shall be the duty of the comptroller to Financial
statement to
publish in the City Record, two months before the elec- bepublished
in City
tion of charter officers, a full and detailed statement of  or
the receipts and expenditures of the corporation during
the year ending on the first day of the month in which
such publication is made, and the cash balance or surplus;
and in every such statement the different sources of city




80
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 moneys 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
particularly specified.
Summary    SEC. 109. Any alderman, commissioner, head of deexamination
of aloffics. partment, chief of bureau, deputy thereof, or clerk therein, or other officer of the corporation or person, may, if a
judge shall so order, be summarily examined upon an
order to be made on application based on an affidavit of
the mayor or of the comptroller, or any five aldermen, or
any commissioners of accounts, or of any five citizens
who are taxpayers, requiring  such  examination, and
signed by any justice of the supreme court of the first
judicial department, directing such examination to be
publicly made at the chambers of said court, or at tbe
office of said department, on a day and hour to be named,
not less, however, than forty-eight hours after personal
Subject of service of said order. Such examination shall be confined
inquiry.
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 qualification
for 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




81
application for said order that such alderman, head of
department, or other aforementioned officer or persons,
has knowledge or information.  Such alderman, commis- Books and
papers may
sioner, head of department, clerk, or other aforesaid be produced
in court.
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 pro- witnesses
may be exceedings may be continued before any other justice inamined.
said district, and other witnesses, as well as the parties
making such application, may, in the discretion of said
justice, be compelled to attend and be examined touching
such alleged delinquencies.  Such justice may punish any Powers of
justice.
refusal to attend such examination  or to answer any
questions pursuant to his order, as for a contempt of
court, and shall have as full power and authority 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 examina- Costs, how
imposed.
tion not exceeding two hundred  and fifty dollars, if he
thinks there was no probable cause for making the application hereinbefore provided for, the said costs to be paid
6




82
to the officer or person examined, and for which the said
officer or person may have judgment and an execution.
Examination The examination hereinbefore provided for shall be reto be filed.
duced to writing, and be filed in the office of the county
clerk of the county of New York, and be at all reasonable
times accessible to the public, and notice of the same
given to the  department in which  said officer is employed.
Weekly     SEC. 110. In every department or board there shall be
abstract of
business o kept a record of all its transactions, which shall be accesdepartments
lishepb  sible to the public, and  once a week a brief abstract,
omitting formal language, shall be made of all transactions, and of all contracts awarded and entered into for
work and material of every description, which abstract
shall contain the name or names, and residences by street
and number, of the party or parties to the contract, and
of their sureties, if any. A copy of such abstract shall
be promptly transmitted to the person designated' to prepare the City Record, and shall be published  therein.
Appoint- Notice of all appointments and removals from office, and
ments and
removals to all changes of salaries, shall, in like manner, within one
be published.    week after they are made, be transmitted to and published
in the City Record.
City Record. SEC. 111. There shall be published daily (Sundays and
legal holidays excepted), under a contract to be made as
hereinafter provided, a paper to be known as the " City
Record."   The mayor, corporation counsel and commissioner of public works shall appoint a proper person,




83
together 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 assistants.  All the expenses connected with its Expensesof
publishing,
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 apportionment shall provide
for all the necessary expenses of establishing and conducting the said City Record. There shall be inserted in said
City Record nothing aside from  such official matters as
are in this act expressly authorized.  The contract for the Contract.
publication of the City Record shall provide for furnishing, free of charge, to the city not more than one 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 shall apply for the same, of one copy.  Copies of Sale of it
Record.
the same shall be sold by the publisher 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 Advertising
required to be done for the city, and all notices required
by law or ordinance to be published in corporation papers,
shall be inserted, at the public 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




84
Advertise- inserted in two morning and two evening and two weekly
ments in
otherpapers papers published in the English language, and in one
newspaper published in the German language, all in said
city, to be designated by the mayor, corporation counsel
and commissioner of public works, annually, 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.  No money shall be paid
from  the city treasury for advertising hereafter done
except such as is herein authorized, and no action shall be
maintained or judgment obtained against the city for any
advertising hereafter done except such as is herein authorized.  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 mayor
shall direct. All printing for said city, including the
printing of the City Record, shall be executed, and all
stationery shall be supplied, under contracts, to be entered
into by the mayor, corporation counsel and commissioner
Contract for of public works.  The first contract for printing the City
printing City
Record.   Record shall be awarded after an advertisement in the
five daily newspapers printed in said city having the
largest circulation therein, for at least two weeks, inviting
Stationery proposals. All proposals for printing and stationery shall
and blanks.
be based upon specifications to be filed in the department
of public works, 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




85
and likely 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 indorsements) as are specified, and for
such additional number as may be required, giving the
price for blanks of every description, 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 cent. of the amount be- Tenpercent.
on contract
coming due, from time to time, shall be withheld by the to be withcomptroller until the completion of the contract; and in
case the contractor shall fail to fulfill the same to the satisfaction of the mayor, corporation counsel and commissioner of public works, then they may declare said contract
to be annulled, and they shall immediately give notice for
other bids for such printing during the remainder of the
term of contract. No judgment shall be recovered against
the city for printing or stationery done or furnished after
the passage of this act, unless done or furnished under a
contract where, under the provisions of this act, a contract
is necessary, or under a valid contract or a contract now
in force, or unless upon evidence of a contract made as
provided in this section. Separate contracts may be made Separate
contracts for
at any time for engraving, lithographing, woodcuts, maps engravings,
or other picture work, as the same may be required; but




86
nothing herein contained shall be construed to require a
separate contract for each engraving, lithograph or woodcut or map, unless the officers aforesaid shall deem the
Copies of same advisable for the interest of the city. No more than
messages
and rorts one thousand copies of any message of the mayor, or
limited.
report of any head of a department, and no more than
five hundred copies of any report of a committee of the
board of aldermen, or board of assistant aldermen, shall
city Manual. be printed apart from the City Record. Neither the work
known as the Manual of the Common Council nor any
similar work shall be printed at the public expense; but
there shall be published in the City Record, within the
Listof all month of January in each year, a list of all subordinates
officers and
subordinates employed in any department (except laborers), with their
lishd.   salaries, and residences by street numbers, and all changes
in such subordinates or salaries shall be so published
within one week after they are made.  It shall be the
duty of all heads of departments to furnish, to the person
appointed to supervise the publication of the City Record,
everything required to be inserted therein.  The said
Powersof person shall have the  power to make requisitions in
supervisor of
CityRecord. writing upon the heads of departments to furnish the
information necessary to make up such list according to
rules prescribed by him and approved by the comptroller;
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




87
his duties under this section. He 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 work, and the
amounts paid to them.  He shall also cause to be printed Official
hours for
in each issue of said City Record a separate statement of business of
all departments to be
the hours during which all public offices in the city are published
daily.
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 Election
canvass.
of votes at every election shall be published at the expense
of the city only in the City Record.  The mayor may
order the insertion of any official matter or report in the
City Record.
[Amended by adding the following-sec. 1, chap.
631, laws of 1875.]  Nothing herein contained shall When printing and
apply to any printing or supplies of stationery for supplies
may be furthe mayor, aldermen, and commonalty of the city of nished withf out contract.
New  York, where, by the concurrent vote of the
mayor, counsel to the corporation, and the commissioner of public works, it shall be decided to have
such  printing  done  or such  stationery  furnished
without contract let after advertisements for bids or
proposals; but in such cases such printing shall be
done and such stationery procured  in the manner,
and on such terms and conditions as the said officers
shall deem to be for the best interests of the city.*
* See Appendix, K.




88
SEC. 112. [As amended by see. 20, chap. 757, laws
of 1873.] The mayor, comptroller, president of the
board of aldermen, and the president of the department of taxes and assessments, shall constitute a
Board of es-    board  of estimate and apportionment, who shall,
timate and
apportion-   annually, between the first day of August and the
first day of November, meet, and, by the affirmative
Provisional  vote of all the members, make a provisional estimate
estimate.
of the amounts required to pay the expenses of conducting the public business of the city and county of
New York, in each department and branch thereof,
and the board of education for the then next ensuing
Provisional    financial year.  In such provisional estimate they
estimate,
what to con-    shall include such sum  as may be necessary for the
tain.
payment of the interest on the bonds of the said city
and  county, which shall become due and payable
within said year, and such sum as shall be necessary
to pay the principal of any bonds and stocks which
may become due and payable from taxes during said
year, and also so much as may be necessary to pay
the proportion of the state tax required to be paid by
the city and county of New York in said year. Such
Estimates in    provisional estimate shall be prepared in such detail
detail.
as to the aggregate sum allowed to each department
and bureau as the said board of apportionment shall
Heads ofde-    deem  advisable.  For the purpose of making said
partmetst    provisional estimate, the heads of departments and
statement.
the board of education shall, at least thirty days
before the said provisional estimate is required to be




89
made as herein provided, send to  the  board  of
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, including a statement
of each of the salaries of their officers, clerks, employees and subordinates. The same statement as to
salaries and expenditure shall be made by all other
officers, persons and boards having power to fix or
authorize them.  A  duplicate of these departmental
estimates and statements shall be made at the same
time to the board  of aldermen.  The board  of
apportionment shall  consider  such  departmental
estimates and other statements in making the provisional estimates herein provided, and in approving
the salaries of the officers, clerks and other persons
before named. After such provisional estimate is Duplicate
estimate
made by the board of apportionment, it shall be ubmitted
submitted by said board, with their reasons for it in aldermen.
detail, within ten days, to the board of aldermen,
whereupon a special meeting of said board shall be
called to consider such estimate, and the same shall
simultaneously be published in the City Record; and
it shall be their duty carefully to consider and investigate the said provisional estimate and the reasons
assigned therefor; but such consideration and investigation shall not continue beyond fifteen days.  Any Corrections
may be
objections to or rectifications of said provisional made
estimate made by said board of aldermen shall be




90
made by said board in writing, and transmitted by
the clerk thereof to the board of apportionment, who
shall proceed to the consideration of such objections
or rectifications, and after such consideration shall
make a final estimate.  Should the said board overrule the objections or suggestions made by the board
of aldermen, the reasons for such action shall be
Final esti-  published in the City Record.  After the final estimate to be
ignedand     mate is made, in accordance herewith, it shall be
signed by the members, and when so signed the said
several sums shall be and become appropriated to
the several purposes and departments therein named.
The said estimate shall be filed in the office of the
comptroller and published in the City Record. The
aggregate amount so estimated shall be certified by
the comptroller to the supervisors of the county of
Supervisors  New  York; and it shall be the duty of said superto meet and
consider      visors, and they are hereby empowered and directed
mate         annually to cause to be raised, according to law, and
raise the    annually to cause to be raised, according to law, and
same by tax.
collected by tax upon the estates, real and personal,
subject to taxation within the city and county of New
York, the said amounts so estimated and certified as
Meetings of  aforesaid.  The first meeting of said board in every
supervisors.
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. At such meetings the mayor shall preside, and one of the number shall act as secretary
In addition to the estimate herein provided for, the




91
said board may, at any time, as occasion may require,
by the affirmative vote of three members, authorize May author
ize issue of
the issue of any stocks or bonds for the purpose of toks or
withdrawing or taking up at maturity any stocks or
bonds for the purpose outstanding; but the said
bonds or.their proceeds 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
necessary in effecting said change. The said board
of apportionment may, from  time to time, by the
affirmative vote of three members, authorize  the
issue of the whole or any portion of any stock or
bonds which are now by law authorized to be issued,
upon compliance with the provisions of law authorizing them. The said board of apportionment may, Appropria9^~~~~....'~~~~~~~~tions, how
from time to time, on the application of the head of transferred.
any department, authorize the transfer, from  oni
bureau or purpose to another in the same department, of any sum  theretofore appropriated for the
purpose  of such  department or bureau, but no
department or officer shall incur any expense in
excess of sum  appropriated.  The board of apportionment may, within forty days after the passage
hereof, revise and readjust, in accordance with the
provisions  hereof, the  apportionment heretofore
made. All the provisions of law creating any boardRepeal of
certain proof apportionment and audit, or either, and providing visions.




92
for and requiring an audit and allowance of claims
by said board, are hereby repealed; but such repeal
shall not, prior to the organization of the board of
apportionment by this act created, affect any act
heretofore done or directed to be done; but all the
powers now possessed by any such board, not inconsistent with the provisions of this act, are hereby
continued and vested in the board hereby created
and authorized, and all actions or proceedings in
which the mayor, aldermen and commonalty of the
city of New  York are plaintiffs or defendants, shall
have a preference, and may be moved out of their
Unexpended    order on the calendar.  Any balances of appropriations
balances.
remaining unexpended, after allowing sufficient to
satisfy all claims payable therefrom, may at any
time, after the expiration of the year for which they
were made, be transferred by the comptroller, with
the approval of said board of estimate and apportionment, to the general fund of the city, and applied
to the reduction of taxation.
[As a/mended by sec. 2, chap. 308, laws of 1874.]
Unexpended   The said board of estimate and apportionment shall
appropriations may be    have the power at any time to transfer any appropriatransferred.
tion for any year which may be found, by the head of
the department for which such appropriation shall
have been made, to be in excess of the amount required or deemed to be necessary for the purposes or
objects thereof, to such other purposes or objects for




93
which the appropriations are insufficient, or such as
may require the same; and if it is found at the time
when the estimate is made of the expenses of conducting the public business of the city of New York
for the next succeeding fiscal year, that there will be
a surplus or balance remaining unexpended of any
appropriation then existing at the end of the current
fiscal year, such surplus may be applied to like purposes in the next succeeding year.*
SEC. 113. No appropriation or payment for the con- contesting
elections,
testing of the office of mayor, or any seat in the board costsof, how
~,'  paid.
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 appropriation or payment be made to such
prevailing party, except upon the written certificates of
the chief officer of the law department and of the chief
justice of the court of common pleas of the city and
county of New  York, as to the value of the services
rendered in the case.  In case an officer or clerk is or- Counsel in
case of exdered to be examined, in pursuance of the provisions amination of
officer or
hereinbefore contained, the law department shall assign clerk
some one from his department as counsel to the officer or
clerk making the application, but should such officer or
clerk see fit to employ other counsel than that assigned
by  the law  department, then, and in that event, no
appropriation or payment shall be made for his or their
See Appendix, L, M, and N.




94
payment except upon  a  certificate of the justice or
justices before whom  the proceedings have been  had
that there was probable cause for taking such proceedings.
City officers   SEC. 114. Any person holding office, whether by elecnot to hold
stateor-fed- tion or appointment, who shall, during his term of office,
eral office     aa
accept, hold, or retain any other civil office of honor, trust,
or emolument under the government of the United States
(except commissioners 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 office 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 legislature, shall be deemed
thereby to have vacated every office held by him under
nor more  the city government.  No person shall hold two city or
than city or
county of- county offices, except as expressly provided in this act;
fice.
nor shall any officer under the city government hold or
retain an office under the county government, except
when he holds such office ex-officio, by virtue of an act
of the legislature; and in such case he shall draw  no
salary for such ex-officio office.
[Amended by adding the followiny-see. 21, chap.
Consulting   757, laws of 1873.]  This section shall not be conengineers.
engineers.  strued to apply to civil or consulting engineers who
may be appointed to superintend any specific work,
on the part of the city of New York.
SEC. 115. [As amended by sec. 1, chap. 476, laws




95
of 1875.] Whenever the commissioner of public works Petition for
repaving,
of the city of New  York shall certify and report to etc., streets.
the board of aldermen of said city that the safety,
health, or convenience of the public requires the repavement of any streets, avenues, or public places in
said city, said board of aldermen shall have the power
to direct by ordinance or resolution, the repavement
of said streets, avenues, or public places, in the manner specified and of the materials approved of and
recommended by said commissioner of public works,
which work shall be done by and under the direction
of the department of public works, according to law.
In case any of the streets, avenues, or public places Only one assessment.
in said city shall have been once paved, and the expense thereof assessed upon the owners of adjoining
and benefited property, the cost of the  repaving
thereof shall be borne by a general assessment upon
all taxable property in said city. The cost of repay- Repaving
streets.
ing the streets, avenues, or public places, in accordance with the provisions of this act, shall be included
in the estimate of the department of public works,
shall be appropriated by the board of estimate and
apportionment, certified by the comptroller according
to law, and inserted and included in the annual tax
levies, and raised and collected by tax upon the estates
subject to taxation in the city and county of New
York, provided that the amount so appropriated and
raised shall not exceed the sum  of five  hundred
thousand dollars in any one single year.*
* See Appendix, G.




96
Annualsala-  SEC 116. The annual salaries to be paid to persons
ries of chief
officers.   herein named shall be as follows, and such salaries shall
be in full for all services rendered by them to the city or
county, in any capacity whatever:
To the mayor, twelve thousand dollars.
To the comptroller, ten thousand dollars.
To the commissioner of public works, ten thousand
dollars.
To the corporation counsel, fifteen thousand dollars;
and all legal costs collected by him shall be paid into the
treasury of the city.
To the president of the board of police, eight thousand
dollars.
To the commissioners of police, other than the president, six thousand dollars each.
To the president of the department of parks, six thousand five hundred dollars.
To the commissioners of parks, other than the president,
nothing.
To the president of the fire department, seven thousand
five hundred dollars.
To the fire commissioners, other than the president, five
thousand dollars each.
To the president of the department of charities and
correction, six thousand five hundred dollars.
To the commissioners of charities and correction, other
than the president, five thousand dollars each.




97
To the president of the health department, six thousand
five hundred dollars.
To the commissionerof health, other than the president,
five thousand dollars.
[Amended by sec. 23, chap. 75T, laws of 1873.] To
the members of the board of aldermen, other than
the president, four thousand dollars each, and to the
members of the board of assistant aldermen, four
thousand dollars each during their present term of
office.
To the president of the board of aldermen, five
thousand dollars.
To the president of the department of taxes and assessments, six thousand five hundred dollars.
To the commissioners of taxes and assessments, other
than the president, five thousand dollars each.
To the president of the department of docks, six thousand five hundred dollars.
To the commissioners of docks, other than the president, three thousand dollars each.
[Amended by sec. 10, chap. 547, laws of 1874.] To
the superintendent of buildings, six thousand five
hundred dollars.
[Amended by sec. 23, chap. 757, laws of 1873.] To
the  commissioners of accounts, appointed by the
mayor, three thousand dollars each.
7




98
Salary of      No subordinate in any department shall receive a
subordinates.       greater salary than the highest salary paid to the
head of the department, except the superintendent of
police, whose salary shall not exceed ten thousand
Salary of    dollars per annum.  The salaries of the justices of
justices.
the district courts is hereby fixed at eight thousand
dollars each per annum.
Expiration    SEC. 11T. The terms of office of the present commisof terms of
office.   sioners of police, except as hereinbefore expressly provided, fire commissioners, commissioners of charities and
correction, commissioners of docks, commissioners of
health, commissioners of parks, except as hereinbefore
expressly provided, commissioners of taxes and assessments, superintendent of  buildings, commissioner of
jurors, city marshals, inspectors of weights and measures,
members of all commissions or boards appointed to superintend the construction or repair of any public building
in the city of New  York, and of all commissions and
boards heretofore appointed by the mayor,. or the mayor
and aldermen, save and except as hereinbefore expressly
provided, and all members of any board, and all persons
whatever heretofore appointed by the comptroller; of the
chamberlain and all other officers hereinbefore authorized
to be appointed by the mayor and board of aldermen,
shall cease, terminate and expire on the first day of May,
one thousand eight hundred and seventy-three, unless an,
appointment of a successor shall be sooner made as hereinbefore provided, in which case the term of office of the




99
present incumbent shall cease, and the person so appointed
shall enter upon his office on the first Monday succeeding
such appointment; and no appointment of any subordinate in any department, made after the passage of this
act and before said date, shall be valid beyond such date.
The terms of office of the superintendent of police, the
surgeons of police, the chief engineer of the fire department, the inspector of the fire apparatus, the superintendent of horses, and  the superintendent of the  repair
yard in the fire department, the fire marshal and his
deputies, shall cease and determine five days after the
appointment of the head of the police and fire department respectively, and the terms of all subordinates in
every department, except officers and men of the -police
force and the firemen and officers of the fire companies,
shall cease and determine as soon as the heads of the
department herein provided to be appointed shall appoint
others in their places.  Upon the appointment of their roperty
transferred
successors all the foregoing officers shall deliver over to torsccessuch successors all property of every kind, and all books
and papers in their use and possession, respectively, belonging to the city or any department thereof. The provisions of this section, relating to the vacating of any of
the offices therein mentioned and the delivery of property,
may be enforced by mandamus.  But nothing in this
section shall affect exceptions and savings in the twentyfifth section of this act contained.
SEC. 118. The several departments shall continue to General
powers.




100
possess the same powers and perform the same duties as
heretofore, except as herein otherwise provided.
city exempt  SEC. 119. The city of New  York is hereby excepted
from certain
acts.    from the provisions of an act entitled an act to establish a
metropolitan police district, and to provide for the government thereof, passed April fifteen, eighteen hundred and
fifty-seven, and of the acts amendatory thereof, and any
sections of statutes and provisions of law which created
said district are hereby repealed; and the city of New
York is also hereby excepted from the provisions of the
act entitled an act to create a metropolitan  sanitary
district and board of health therein, for the preservation
of life and health, and to prevent spread of disease,
passed February twenty-sixth, eighteen hundred and sixtysix, and of the acts amendatory thereof, and any sections
of statutes and provisions of law  which created said
district are hereby repealed; and the city of New York
is also hereby excepted from  the provisions of an act
entitled an act to create a metropolitan fire district, and
establish a fire department therein, passed March thirtieth,
eighteen hundred and sixty-five, and the acts amendatory
thereof, and any sections of statutes and provisions of law
Acts    which created said district are hereby repealed.  The act
repealed.
to amend the charter of the city of New  York, passed
April seventh, eighteen hundred and thirty; and the act
to amend the charter of the city of New  York, passed
April second, eighteen hundred and forty-nine; and the
act to amend an act entitled an act to amend the charter




101
of the city of New York, passed April second, eighteen
hundred and forty-nine, passed July eleventh, eighteen
hundred and fifty-one; and the act further to amend the
charter of the city of New York, passed April twelfth,
eighteen hundred and fifty-three; and the act supplementary to an act entitled an act further to amend the charter
of the city of New York, passed April twelfth, eighteen
hundred and fifty-three, passed June fourteenth, eighteen
hundred and fifty-three; and the act to amend the charter
of the city of New York, passed April fourteen, eighteen
hundred and fifty-seven; and the act relative to the
charter of the city of New  York, passed April three,
eighteen hundred and sixty-three; and the act to make
provision for the government of the city of New York,
passed June third, eighteen hundred and sixty-eight; and
the act entitled an act to reorganize the local government of the city of New  York, passed April fifth,
eighteen hundred and seventy; and the act entitled an
act to make further provisions for the government of the
city of New  York, passed April twenty-six, eighteen
hundred and seventy (save sections twenty-seven  and
twenty-nine thereof); and the sixth section of an act
entitled an act concerning the police life insurance fund, Police life
insurance
and the powers and duties of the police department offunc.
the city of New York, passed March seventeen, eighteen
hundred and seventy-one; and the act entitled an act to
amend an act to reorganize the local government of the
city of New York, passed April fifth, eighteen hundred
and  seventy, passed  April the  eighteenth, eighteen




102
Exception tohundred and seventy-one (save so much of section five
repeal.
thereof as relates to the establishment of a scale of water
rents, and sections six and seven of said act); and the act
entitled an act to make provision for the local governments of the city and county of New York, passed April
nineteen, eighteen hundred and seventy-one, so far as said
act relates to the city of New York, are hereby repealed;
and all acts or parts of acts inconsistent with the provisions
of this act are also hereby repealed; but the repeal of the
act hereinabove cited of April fifth, eighteen hundred and
seventy, and the acts passed  subsequently thereto and
hereinabove cited or referred to, so far as the same or
either of them relate to any department by this act created,
shall not take effect until the organization of any such
Dongan and department as provided for in this act. The charters of
Montgomerie charters. the  city  of  New   York,  known  as  Dongan  and
Mlontgomerie charters, so far as the same or either of
them are now in force, not inconsistent with the provisions
of this act, shall continue and remain in full force. This
section shall not prejudice or affect any right accrued or
legal proceeding commenced by reason of anything contained in the acts hereby repealed, and so accrued and
commenced before this act takes effect, except so far as
Ordinances herein specially provided for.  The ordinances of the
continued in
force.    common council of the city of New York, in force on the
first day of April, eighteen hundred and seventy, and all
ordinances passed and adopted since the first day of May,
eighteen hundred and seventy, and in force at the time of
the passage of this act, are hereby revived and continued




103
ini full force as city ordinances, subject to modification,
amendment or repeal by the common council of said city.*
SEC. 120. [As amended by sec. 24, chap. 757, laws of Terms of
office men1873.]  This act shall take effect immediately, except tionedinsecas otherwise provided il the previous section; but itd
nothing therein contained shall be in any wise held
to extend or continue the term of office of any of
the persons mentioned in section one hundred and
seventeen, beyond the first day of May, eighteen
hundred and seventy-three.
* See Appendix, O.








APPEND IX.
(A.)
Chapter 515.
AN  ACT to amend an act entitled  " An act to  reorganize the
local government of the city of New York," passed April
thirtieth, eighteen hundred and seventy-three.
Passed May 21, 1874; three-fifths being present.
The People of the State of New  York, represented in Senate and
Assembly, do enact as follows:
SECTION 1. Section four of chapter three hundred and thirty five of
the laws of eighteen hundred and seventy-three, entitled " An act to
reorganize the local government of the city of New York," is hereby
amended so as to read as follows:
~ 4. The board of aldermen now in office shall hold office until the Aldermen,
term of
first Monday in January, in the year eighteen hundred and seventy- office.
five, the same being the term for which they were elected.  There
shall be twenty-two aldermen elected at the general state election When
which shall occur in the year eighteen hundred and seventy-four,
three of whom shall be elected in each senate district, except the eighth
senate district, and shall be residents of the district in which they are
elected, but no voter shall vote for more than two of said aldermen.
In the territory comprised within the eighth senate district, and the
twenty-third and twenty-fourth wards, there shall be elected four
aldermen, and the aldermen to be elected in said district may reside
either in said eighth senate district or in the twenty-third and twentyfourth wards, but no voter shall vote for more than three of the said




106
Aldermen   aldermen. There shall also be elected six aldermen at large to be
at large.
voted for on a separate ballot, but no voter shall vote for more than
four of the said aldermen at large, and the voters of the twenty-third
and twenty-fourth wards of said city are hereby authorized and empowered to vote for aldermen at large.  The members of the board of
aldermen shall hold office for the space of one year, and shall take
office on the first Monday in January, next succeeding their election,
at noon. Annually thereafter, at the general state election, there shall
be elected a full board of aldermen as hereinbefore provided. Any
Vacancy,   vacancy now existing, or which may hereafter occur, in either* the
election to
f ll.     board of aldermen by reason of the death or resignation, or of any
other cause, of a member of either of said boards, shall be filled by
election by the board in which such vacancy exists or shall arise, by a
vote of a majority of all the members elected to said board; and the
person so elected to fill any such vacancy shall serve until the first day
of January, at noon, next succeeding the first general election occurring
not less than thirty days after the happening of such vacancy, but not
beyond the expiration of the term in which the vacancy shall occur;
and at such election a person shall be elected to serve the remainder,
if any, of such unexpired term.  From  and after the termination of
the term of office of the board of assistant aldermen as herein provided,
the board of aldermen shall alone constitute the common council and
shall exercise the entire legislative powers of the said city.
SEC. 4.* This act shall take effect immediately.
* So in the original.




107
(B.)
Chapter  304.
AN  ACT to consolidate the government of the city and county
of New York, and further to regulate the same.
Passed April 30, 1874; three-fifths being present.
The People of the State of New  York, represented in Senate and
Assembly, do enact as follows:
SECTION 1. The county of New York and the corporation known by Consolidation.
the name of " the mayor, aldermen, and commonalty of the city of
New York " shall be one body corporate and politic by the said name;
and all the rights, property, interests, claims, and demands of the
county of New York, and of the supervisors or board of supervisors of
the said county of New York, are hereby vested in and shall henceforth
belong to the said corporation; but nothing contained in this act shall Existing
rights
abrogate or impair or in anywise affect any existing right or interest, unimpaired.
except to vest it in the said corporation.
SEC. 2. For all purposes the local administration and government of
the city and county of New York shall be in and be performed by the one
corporation aforesaid. All charges and liabilities now existing against County
charges and
said county, or which may hereafter arise or accrue in said city and liabilities
merged in
county of New York, and which, but for this act, would be charges the city
corporation.
against or liabilities of said county, shall be henceforth deemed and
taken to be charges against or liabilities of said corporation, and shall
be defrayed or answered unto by it.  All bonds, stocks, contracts and
obligations of the said county and of the said board of supervisors,
now  existing, shall henceforth be deemed such of and against said
corporation, and all such that are or may be authorized or required to
be hereafter issued or entered into, shall be issued or entered into by
and in the name of the said corporation.




108
Powers and   SEC. 3. All the powers and duties that now are or hereafter may be
duties of
board of   conferred or charged upon the board of supervisors of the said city and
supervisors
transferred county shall be exercised and performed by the board of aldermen of
to board of
aldermen.  said city as such, subject, nevertheless, to the like power of approval
or rejection by the mayor of said city, as is or may be required by law
in respect to acts of the common council of said city, except that
when by the constitution or laws of this state any action is specifically
required to be taken by the board of supervisors of said city and
county, which cannot, under any power conferred by this act or otherwise, be taken in any other manner, such action may be taken by the
said board of aldermen as the board of supervisors of the said city
and county.
Funds held   SEC. 4. All funds and moneys now held by or payable to any officer as
by county
treasurer,  county treasurer of the said city and county shall henceforth be deemed
to be held by him solely as the funds and moneys of said corporation,
except such funds and moneys as shall be held by and payable into the
treasury of the state of New York.
SEC. 5. This act shall take effect immediately.
(C.)
Chapter 305.
AN ACT explanatory of "An act to consolidate the government
of the city and county of New  York, and further to regulate
the same."
Passed April 80, 1874; three-fifths being present.
The People of the State of New  York, represented in Senate and
Assembly, do enact as follows:
SECTION 1. Nothing in the act entitled " An act to consolidate the
government of the city and county of New York, and further to regu



109
late the same," shall be construed to affect the election and appointment of county officers whose election or appointment is provided for County
officers.
by the constitution of this state, the apportionment of members of
assembly, or any other purposes for which the city and county of New
York is recognized in the constitution as one of the counties of this
state.
SEC. 2. This act shall take effect immediately.
(D.)
Chapter 757.
AN ACT to amend chapter three hundred and thirty-five of the
laws of eighteen hundred and seventy-three, entitled  "An
act to reorganize the local government of the city of New
York,"  passed  April  thirteenth,*  eighteen  hundred  and
seventy-three.
Passed June 13, 1873; three-fifths being present.
The People of the State of New  York, represented in Senate and
Assembly, do enact as follows:
SECTION 1. Section four of chapter three hundred and thirty-five of
the laws of eighteen hundred and seventy-three, entitled "An act to
reorganize the local government of the city of New York," passed April
thirtieth, eighteen hundred and seventy-three, is hereby amended (see
chap. 515, Laws 1874).
SEC. 2. Section seven of said chapter is hereby amended so as to read
as follows:
~ 7. Every member expelled from either board shall thereby forfeit Expulsion.
all his rights and powers as alderman or assistant alderman.
* So in original.




110
SEC. 3. Section eight of said chapter is hereby amended so as to read
as follows:
Meetings.    ~ 8. The stated and occasional meetings of each board shall be
regulated by its own resolutions and rules, and both boards may meet
at the same time or on different days, as they may severally deem
expedient.
SEC. 4. Section ten of said chapter is hereby amended so as to read
as follows:
~ 10. The mayor shall return such ordinance or resolution to the
board in which it originated within ten days after receiving it, or at the
next meeting of such board after the expiration of said ten days.
Clerk of     SEC. 5. The first period or sentence of section fifteen is hereby
board of
aldermen,  amended so as to read as follows: "'The clerk of the board of aldermen
shall, by virtue of his office, be clerk of the common council and of the
board of supervisors, and shall perform all the duties heretofore performed by the clerk of the common council, except such as shall be
assigned to the clerk of the board of assistant aldermen, without
additional compensation to that paid him  as clerk of the board of
aldermen."
SEC. 6. The tenth subdivision of the seventeenth section of said
chapter is hereby amended, by adding thereto, at the end thereof, the
words following: " and to provide for regulating, grading, flagging,
curbing, guttering and lighting streets, roads, places and avenues."
SEC. 7. Section twenty is hereby amended so as to read as follows:
Mayor to     ~ 20. The mayor in office on April twenty-ninth, eighteen hundred
continue in
office.   and seventy-three, shall hold office until the first day of January, in the
year eighteen hundred and seventy-five. The mayor shall be the chief
executive officer of the corporation; shall be elected at a general election, and hold his office for the term of two years, commencing on the
first day of January next after his election. The first election for
mayor under this act shall be at the general election in November, in
the year eighteen hundred and seventy-four.




1ll
SEC. 8. The twenty-ninth section of the said chapter is hereby
amended by adding at the end of the seventh clause or sentence of said
section the words:' But this provision shall not apply to work done or
supplies furnished, not involving the expenditure of more than one
thousand dollars, pursuant to section ninety-one of this act." And the
said section is further amended by adding at the end thereof the words
following:' The comptroller shall furnish to each head of department, Comptroller
to furnish
weekly, a statement of the unexpended balance of the appropriation of weeklystatement.
his department; wages and salaries, including payments for the board
of education, may be paid upon pay-rolls, upon which each person Wages and
salaries may
named thereon shall separately receipt for the amount paid to such be paid upon
pay-rolls.
person, and in every case of payment upon a pay-roll, the warrant for
the aggregate amount of wages and salaries included therein may be
made payable to the superintendent, principal teacher, foreman or other
officer designated for the purpose."
SEC. 9. Section seventy-three of the said chapter is hereby amended
by striking out of the same the words " ninety-seven " and inserting in
place thereof the words " ninety-one."
SEC. 10. Section seventy-five of said chapter is hereby amended so
ag to read as follows:
~ 75. No money belonging to the city, or city and county, of New Moneynot to
be appropriYork, raised by taxation upon the property of the citizens thereof, ated to
religious
shall be appropriated in aid of any religious or denominational school, or denominational
neither shall any property, real or personal, belonging to said city, or schools.
said city and county, be disposed 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, or city and county, be leased to any
school under the control of any religious or denominational institution,
except upon such terms as city property may be leased to private
parties after the same has been duly advertised.




112
SEC. 11. Section seventy-eight of said chapter is hereby amended so
as to read as follows:
Fire depart- ~ 78. No person shall ever be appointed to membership in the fire
ment, qualificationsfor department, or continue to hold membership therein, who is not a
membership.     citizen of the United States, or who has ever been convicted of crime,
or who cannot read and write understandingly in the English language,
or who shall not have resided within the state one year.
SEC. 12. Section eighty-second of said chapter is hereby amended by
Board of   adding thereto as follows: " The authority, duty, and powers conhealth,
powers.    ferred or enjoined upon the metropolitan board of health 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 board, not
inconsistent with the provisions of this act, are hereby conferred upon
and vested in or enjoined upon, and shall hereafter be exclusively exercised in the city of New York, by the health department and board of
health, created by this act, and by the officers of the said board of
health and the said health department, and the same are to be exercised in the manner specified in the said 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 the state, and in conformity to the provisions of this act."
SEC. 13. The eighty-third section of said chapter is hereby amended
by striking out therefrom the words " for the construction."
SEC. 14. The eighty-fourth section of said chapter is hereby amended
by striking out therefrom the word " four."
SEC. 15. The eighty-fifth section of said chapter is hereby amended
so as to read as follows:
~ 85. There shall be a department called the "department of buildings," which shall be under the control of an officer who shall be known
Superintend- as the "superintendent of buildings," and shall be the same person
ent of buildings.     nominated as'' commissioner of buildings" by the mayor of the city of




118
New York, on the fifteenth day of May, one thousand eight hundred
and seventy-three, and confirmed by the board of aldermen of said
city, on the sixteenth day of May, one thousand eight hundred and
seventy-three; which said superintendent shall hold office for the full
term for which said commissioner was appointed, unless sooner removed, as provided by law, for the removal of heads of departments.
The eighty-sixth section of said chapter is hereby amended so as to
read as follows:
~ 86. Each and all the powers and duties of said department, and Department
of buildings,
all its officers and employees and subordinates, and their qualifications, powers and
duties.
shall continue and be exercised as non-authorized by special laws in
relation to buildings in the city of New York, and it shall not be lawful
for any officer or employee in said department to be engaged in conducting or carrying on business as an architect, carpenter, mason or
builder while holding office in said department. The one hundred and
sixteenth section of said chapter is hereby amended by striking out
therefrom the words " to the commissioner " and " surveyor" of buildings four thousand dollars " each," and inserting in lieu thereof "to Fees.
the superintendent of buildings four thousand dollars."
SEc. 16. Section ninety-six of said chapter is hereby amended by
inserting after the word " government," in the first line thereof, the
following words, viz., " except the city marshals." Said section is
hereby further amended by adding at the end thereof the following:
"But nothing herein contained shall be construed so as to repeal,
modify or otherwise affect the provisions of the fourteenth section of
chapter seven hundred and forty-two of the laws of eighteen hundred
and seventy-one."
SEC. 17. Section one hundred and two is hereby amended by insert- Sale or lease
of market
ing in the third section thereof, after the words, but if said property be property.
"market property," the following words, viz., "excepting the market
between Sixteenth and Seventeenth streets, east of Avenue C, the market in Governeur slip, and the market in Old slip."
8




114
SEC. 18. Section one hundred and three of said chapter is hereby
repealed.
SEC. 19. Section one hundred and eleven of the said chapter is
hereby  amended  by adding  at the end thereof the following:
Printing and " Nothing herein contained shall apply to any printing or supplies of
stationery.
stationery for any department where, by the concurrent vote of the
mayor, commissioner of public works, and corporation counsel, it shall
be decided to have such printing done or such stationery furnished
without contract; but in such cases such printing and stationery shall
be procured in such manner and on such terms and conditions as the
said officers shall deem to be for the best interests of the city."
SEC. 20. Section one hundred and twelve of said chapter is hereby
amended by inserting in the first sentence of the same, after the words
"and branch thereof," the following words, viz., "and the board of
education;" and also by inserting in the fourth sentence, after the words
" the heads of departments," the following words, viz., "and the board
of education. " The said section is hereby further amended by adding at
the end thereof the following: "Any balances of appropriations reUnexpended maining unexpended, after allowing sufficient to satisfy all claims paybalances of
appropria-  able therefrom, may, at any time, after the expiration of the year for
tion.
which they were made, be transferred by the comptroller, with the
approval of said board of estimate and apportionment, to the general
fund of the city, and applied to the reduction of taxation."
SEC. 21. Section one hundred and fourteen of said chapter shall
not be construed to apply to civil or consulting engineers who may be
appointed to superintend any specific work on the part of the city of
New York.
SEC. 22. Section one hundred and fifteen of said chapter is hereby
amended so as to read as follows:
Repaving    ~ 115. No street, avenue, or public place in the city of New York,
atrexpensetof which has been once paved, and the expense thereof paid for by the
owners, to be
done only oe owners of the adjoining property, by assessment, shall hereafter be
petition.




115
paved at their expense, nor shall any assessment therefor be imposed,
unless the same shall be petitioned for by a majority of the owners of
the property (who shall also be the owners of a majority of the front
feet) on the line of the proposed improvement; and any ordinance or
resolution heretofore passed for any repavement, which has not been
petitioned for by a majority of the owners of the adjoining property to
be affected, and for which no contract has been entered into or award
of contract made, is hereby declared  to be inoperative and void.
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.
SEC. 23. That portion of section one hundred and sixteen of said
chapter referring to the salary of members of the board of aldermen
and members of the board of assistant aldermen, and that portion of
said section referring to the salary of the president of board of
aldermen, are hereby amended so as to read as follows:
To the members of the board of aldermen, other than the president, Salaries
four thousand dollars each; and to the members of the board of
assistant aldermen, four thousand dollars each, during their present
term of office.
To the president of the board of aldermen, five thousand dollars.
That portion of said section referring to the salary of the commis- Salaries of
commissiork
sioner of accounts is hereby amended so as to read as follows:       erms o
accounts.
To the commissioners of accounts appointed by the mayor, three
thousand dollars each.
The last subdivision of said section one hundred and sixteen is hereby
amended so as to read as follows:
No subordinate in any department shall receive a greater salary than
the highest salary paid to the head of the department, except the
superintendent of the police, whose salary shall not exceed ten thousand
dollars per annum.




116
Salary of   The salary of the justices of the district courts is hereby fixed at
ustices eight thousand dollars each per annum.
SEC. 24. Section one hundred and twenty of said chapter is hereby
amended by striking out therefrom  the words " in section one hundred
and twenty-two," and inserting in place thereof the words " in section
one hundred and seventeen."
SEC. 25. This act shall take effect immediately.
(E.)
Chapter i129.
AN ACT to amend an act entitled "An act to reorganize the local
government of the city of New York," passed April thirtieth,
eighteen hundred and seventy-three.
Passed April 21, 1875; three-fifths being present.
The People of the State of New  York, represented in Senate and
Assembly, do enact as follows:
SECTION 1. Section thirty-five of chapter three hundred and thirtyfive of the laws of eighteen hundred and seventy-three, entitled "An
act to reorganize the local government of the city of New York," passed
April thirtieth, eighteen hundred and seventy-three, is hereby amended
so as to read as follows:
City cham-     3 35. The said chamberlain and mayor and the comptroller of the
utiaesof.  city of New York, shall, by a majority vote, by written notice, to the
comptroller, designate the banks or trust companies in which all
moneys of the mayor, aldermen, and commonalty of the said city and
county of New York shall be deposited, and may, by like notice, in
writing, from time to time, change the banks or trust companies thus
designated; but no such bank or trust company shall be designated




117
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 not be less than two and one-half per cent. 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 warrant 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 amounts of all warrants paid by him since his last
report, and the amount remaining to the credit of the city and county
of New York respectively. The said chamberlain shall receive the sum
of thirty thousand dollars annually, and no more, for all his services as Salary.
~chamberlain of said city and as county treasurer of the county of New
York in lieu of salary and of all interest, fees, commissions and emolun
ments; and all such interest, fees, commissions and emoluments shall
be accounted for and paid over by him to the city treasury. He may
appoint and remove at pleasure, a deputy chamberlain and such clerks May appoian
clerks.
and assistants as may be necessary, whose salaries, together with all
the expenses of his office, shall be paid wholly by him, and shall in no
case be a public charge.  The commissions provided by law, and
received by him for receiving and paying over the state taxes, and all
interest accrued on deposits shall be paid by him to the commissioners
of the sinking fund.
SEC. 2. This act shall take effect immediately.




118
(F.)
Chapter 300.
AN ACT to amend chapter three hundred and thirty-five of the laws
of eighteen hundred and  seventy-three, entitled "An act to
reorganize the local government of the city of New York," passed
April thirtieth, eighteen hundred and seventy-three, and the
acts amendatory thereof.
Passed April 30, 1874; three-fifths being present.
The People of the State of New  York, represented in  Senate and
Assembly, do enact as follows:
SECTION 1. Section thirty-nine of chapter three hundred and thirtyfive of the laws of eighteen hundred and seventy-three, entitled "An
act to reorganize the local government of the city of New York,"
passed April thirtieth, eighteen hundred and seventy-three, is hereby
amended so as to read as follows:..Appoint-   ~ 39. The police department shall have for its head a board to connent of
oelie com  sist of four persons, to be known as police commissioners of the city of:olice corn-      our persons,              as
nlssioners. New York, who shall, except those first appointed, hold their offices
for six years, unless sooner removed as herein provided. The office of
the police commissioner of the city of New York, whose term  of office
expires on the first day of May, eighteen hundred and seventy-four, is
hereby abolished on and after said date; the police department, on and
after the first day of May, eighteen hundred and seventy-four, shall be
under the charge and control of four commissioners, who shall perform
all the duties and exercise all the powers now by law conferred or
imposed upon the police deparment of the city of New York.
SEC. 2. Section eighty-four of chapter three hundred and thirty-five
of the laws of eighteen hundred and seventy-three, entitled "An act to




119
reorganize the local government of the city of New York," passed
April thirtieth, eighteen hundred and seventy-three, is hereby amended
so as to read as follows:
~ 84. This department shall be under the charge of a board, to con- Park commissioners.
sist of four members, who, except those first appointed, shall hold
their offices for five years, unless sooner removed as herein provided.
The office of the commissioner of parks, whose term of office expires on
the first day of May, eighteen hundred and seventy-four, is hereby
abolished on and after said date. The department of public parks on Offce of
commisand after the first day of May, eighteen hundred and seventy-four, sionerof
parks abolshall be under the charge and control of four commissioners, who ished.
shall perform all the duties and exercise all ths powers now by law
conferred or imposed upon the department of public parks of the city
of New York.
SEC. 3. The mayor of said city shall hereafter appoint, without confir- Vacancies,
how filled;
mation of the board of aldermen, a person or persons to fill any vacancy
or vacancies which now exists or may hereafter occur from death,
resignation or cause other than the expiration of the full term in any
office to which, of the provisions of the twenty-fifth section of chapter
three hundred and thirty-five of the laws of eighteen hundred and
seventy-three, he is empowered to appoint by and with the consent of
the board of aldermen.
SEc. 4 This act shall take effect immediately




120
(G.)
Chapter 476,
AN  ACT to provide for a uniform  system  for the repavement of
streets, avenues, and public places in the city of New York.
Passed May 28, 1875; three-fifths being present.
The People of the State of New  York, represented in Senate and
Assembly, do enact as follows:
Powers of    SECTION 1. Whenever the commissioner of public works of the city
board of aldermen to  of New York shall certify and report to the board of aldermen of said
direct repavement of city that the safety, health, or convenience of the public requires the
streets and
avenues.   repavement of any streets, avenues, or public places in said city, said
board of aldermen shall have the power to direct by ordinance or resolution the repavement of said streets, avenues, or public places, in the
Materials.  manner specified and of the materials approved of and recommended
by said commissioner of public works, which work shall be done by and
Work done under the direction of the department of public works, according to
under direction of de- law. In case any of the streets, avenues, or public places in said city
partment of
public    shall have been once paved, and the expense thereof assessed upon the
works.
owners of adjoining and benefited property, the cost of the repaving
thereof shall be borne by a general assessment upon all taxable property
The cost of in said city. The cost of repaving the streets, avenues, or public places,
repaving
raised and  in accordance with the provisions of this act, shall be included in the
collected by
tax.      estimate of the department of public works, shall be appropriated by
the board of estimate and apportionment, certified by the comptroller
according to law, and inserted and included in the annual tax levies,
and raised and collected by tax upon the estates subject to taxation in
the city and county of New York, provided that the amount so appropriated and raised shall not exceed the sum of five hundred thousand
dollars in any one single year.




121
SEC. 2. All acts and parts of acts which are inconsistent with the provisions of this act are hereby repealed so far as they relate to this act.
SEC. 3. This act shall take effect immediately.
(H.)
Chapter 726.
AN ACT to provide for the more effectual extinguishment of fires
in the city of New York.
Passed June 12, 1873; three-fifths being present.
The People of the State of New  York, represented in Senate and
Assembly, do enact as follows:
SECTION 1. The fire commissioners of the city of New York are Fire departmrnt to orhereby empowered and directed to organize, in the fire department of ganizecorps
of sappers
the city of New York, a corps to be known as the corps of sappers and and mier.
miners.  Said corps shall be composed of not exceeding three members,
either officers or private firemen, of each company in said fire department, and said members shall be appointed by said fire commissioners,
upon the nomination of the chief engineer of said fire department.
SEC. 2. The said fire commissioners shall appoint a suitable officer, Drill officer
to be
who shall be skilled in the use of explosives, whose duty it shall be to appointed.
instruct and drill said corps in the use of explosives, and to give said
corps such other instruction as may be required to qualify them to
effectually discharge the duties imposed upon them by this act. Such
officer shall receive an annual salary of two thousand dollars, and such Salary.
salary shall be raised and paid in the same manner as the salaries of
the other officers appointed by the said fire commissioners.




122
SEC. 3. Whenever, under and by virtue of the acts relating to the
extinguishment of fires in the said city of New York, the destruction
or pulling down of any building or buildings shall be deemed necessary,
and shall be ordered by the engineer in command at any fire in said
Duties of  city, it shall be the duty of said corps, or any member or members
sappers and
miners,    thereof, by the direction of the said engineer in command at such fire,
to level and destroy such building or buildings by the use of explosives,
for the purpose of arresting the spread of such fire, and it shall be
lawful for them to enter and take possession of the same for such
purposes.
Depots for    SEC. 4. The said fire commissioners shall establish in the city of New
storage of
explosives.  York one or more depots for the storage and safe keeping of such explosives as may be required for the use of said corps, and may limit the
quantity of any such explosives to be kept at any one of such depots.
SEC. 5. All acts or portions of acts inconsistent with the provisions of
this act are hereby repealed.
SEC. 6. This act shall take effect immediately.
(1.)
Chapter 839.
AN ACT to authorize the board of health  of the health  department of the city of New York to make a contract to remove
the contents of sinks and privies in said city.
Passed June 26, 1873; three-fifths being present.
The People of the State of New  York, represented in Senate and
Assembly, do enact as follows:
Board of     SECTION 1. The board of health of the health department of the
health authorized to city of New York is hereby authorized to contract with any responsible
removingor  person or persons, up to the first of May, eighteen hundred and sevcontents of enty-five (or the sooner determination of a contract made by and besinks and
privies.




123
tween the mayor, aldermen, and commonalty of said city of the one
part, and Daniel Gallagher of the other part, bearing date May first,
eighteen hundred and sixty-five, by which the former agreed, among
other things, to deliver to the latter all the contents of sinks and
privies, as therein specified, until the first of May, eighteen hundred
and seventy-five), to furnish during the day, as well as the night, the
necessary boats for receiving and removing, and to remove and deliver
all the contents of sinks and privies, as Thomas Andrews, by a contract, between him and the mayor, aldermen, and commonalty of said
city, bearing date May first, eighteen hundred and sixty-five, agreed to
furnish for receiving and removing, and to remove and deliver such
contents, and in relation thereto, at a price not exceeding thirty-three
thousand dollars per annum, to be paid in equal monthly installments,
and to require and receive satisfactory security in such form and
amount as such board may approve for the faithful performance, by the
person or persons to whom such contract may be awarded, of all and
every of the provisions of such contract on his or their part. For any
breach of said contract by such contracting party or parties, an action Penalty for
breach of
may be prosecuted in the name of the mayor, alderman,* and comn- contract.
monalty of the city of New York, in any court having jurisdiction
thereof, against said party or parties, his or their sureties, or both, to
recover the damages sustained by such breach or breaches, as the same
may from  time to time occur; but nothing in this section contained
shall be construed to legalize the contract or contracts for the purposes
herein stated.
SEC. 2. This act shall take effect immediately.
* So in original.




124
(J.)
Chapter 759.
AN ACT to provide for the completion of county buildings in the
city and county of New York.
Passed June 13, 1873; three-fifths being present.
The People of the State of New  York, represented in Senate and
Assembly, do enact as follows:
Commission-  SECTION 1. The terms of office of each and every commissioner hereers of buildings.     tofore appointed for the erection of buildings for county purposes in
the city and county of New York shall be and are hereby declared to
be terminated. And the persons nominated by the mayor of the city
of New York, and by and with the consent of the board of aldermen
How       appointed as such commissioners, pursuant to chapter three hundred
appointed.
and thirty-five of the laws of eighteen hundred and seventy-three,
shall be commissioners for the purposes for which they are appointed,
Powers and and shall have and perform all the powers and duties given to such
duties.    commissioners by the existing provisions of law.  The compensation of
Compensa- such commissioners shall be fixed by the board of estimate and apportion tionment, but shall in no case exceed the sum of two thousand dollars
each per annum.
SEC. 2. This act shall take effect immediately.




125
(K.)
Chapter 631,
AN ACT to amend chapter seven hundred and fifty-seven of the
laws of eighteen hundred and seventy-three, entitled "An
act to amend chapter three hundred and thirty-five of the
laws of eighteen hundred and  seventy-three, entitled' An
act to reorganize the local government of the city of New
York,'"  passed  April  thirteenth,  eighteen  hundred  and
seventy-three.
Passed June 21, 1875; three-fifths being present.
Thle People of the State of New  York, represented in Senate and
Assembly, do enact as follows:
SECTION 1. Section nineteen of chapter seven hundred and fiftyseven of the laws of eighteen hundred and seventy-three, entitled
"An act to amend chapter three hundred and thirty-five of the laws
of eighteen hundred and seventy-three, entitled' An act to reorganize
the local government of the city of New  York,"' passed April
thirteenth, eighteen hundred and seventy-three, is hereby amended
so as to read as follows:
~ 19. Section one hundred and eleven of the said chapter is hereby
amended by adding at the end thereof the following: " Nothing herein Printing,
etc., othercontained shall apply to any printing or supplies of stationery for the wise than by
contract.
mayor, aldermen, and commonalty of the city of New York, where, by
the concurrent vote of the mayor, counsel to the corporation, and the
commissioner of public works, it shall be decided to have such printing
done or such stationery furnished without contract let after advertisements for bids or proposals; but in such cases such printing shall be
done and such stationery procured in the manner, and on such terms
and conditions as the said officers shall deem to be for the best interests
of the city."
SEC. 2. This act shall take effect immediately.




126
(L.)
Chapter 758.
AN ACT in relation to the city of New York.
Passed June 13, 1873; three-fifths being present.
The People of the State of New  York, represented in Senate and
Assenmbly, do enact as follows:
Powers of    SECTION 1. The board of estimate and apportionment constituted
board of estimate and  by section one hundred and twelve of chapter three hundred and
apportionment.    thirty-five of the laws of eighteen hundred and seventy-three, is hereby
authorized at any time before the first day of July next, by the concurrent vote of all the members of said board, to reconsider, revise and
redetermine any estimate made under the provisions of section eight
of chapter five hundred and seventy-four of the laws of eighteen
hundred and seventy-one, and the estimates so reconsidered, revised
and redetermined and approved by the concurrent vote of all the
members of said board, shall thereby become appropriated as the
amount of money required to defray all the various expenses necessary
for conducting the various boards, commissions and departments,
whether executive, judicial, legislative or administrative, of the city
government, and also for paying the interest on the city debt, and the
principal of such debt falling due, and for providing for charitable or
other objects, and said amount shall be established and be the amount
to be raised for such purposes by tax within the city and county of New
York for the year eighteen hundred and seventy-three, and the amount
thus established shall be certified to the board of supervisors by the
Supervisors comptroller, and the said board of supervisors are hereby empowered
to raise
amount ap- and directed to cause the amount so certified to be raised and collected
propriatedty-three by tax upon estates,
by taxation. in the year eighteen hundred and seventy-three by tax upon estates,




127
real and personal, within the city and county of New York subject to
taxation.
SEC. 2. Nothing contained in any act heretofore passed shall prevent Arrears of
rent for arthe payment of arrears of rent for armories and drill-rooms in cases in mories and
drill-rooms.
which the board of supervisors, since the first day of January, eighteen
hundred and seventy-two, shall have authorized the leases of such
armories and drill-rooms to be canceled and the public use thereof to
cease, on condition of the payment of such arrears of rents, or in
cases in which the premises shall have been continuously occupied as
armories or drill-rooms until the present time, or until the expiration
of the terms for which the same were leased.
SEC. 3. Nothing contained in section one hundred and eleven of Advertising
chapter three hundred and thirty-five of the laws of eighteen hundred
and seventy-three, shall prevent the publication of any advertisement
required by law; provided, however, that no such publication shall be
made unless the same is authorized by a concurrent vote of the mayor,
corporation counsel and commissioner of public works.
SEC. 4. This act shall take effect immediately.
(M.)
Chapter 308,
AN ACT in relation to the estimates and apportionments for the
support of the government of the city of New York.
Passed May 1, 1874; three-fifths being present.
The People of the State of New York, represented in Senate and
Assembly, do enact as follows:
SECTIoN 1. The board of estimate and apportionment constituted
by section one hundred and twelve of chapter three hundred and thirtyfive of the laws of eighteen hundred and seventy-three, is hereby au



128
thorized, at any time before the first day of July, eighteen hundred
and seventy-four, by the concurrent vote of all the members of said
Estimate for board, to reconsider, revise, and redetermine the estimate for the year
1874 to be revised and   eighteen hundred and seventy-four, heretofore made under the provicorrected.
sions of said act, and of section twenty of chapter seven hundred and
fifty-seven of the laws of eighteen hundred and seventy-three, and
the amount of the estimate so reconsidered, revised, and redetermined
and approved by the concurrent vote of all the members of said
board, shall thereby become appropriated as the amount of money required to defray the expenses of conducting the public business of the
city of New York and of the various departments, boards, and commissions thereof, whether administrative, executive, or judicial, and
for paying the interest on the city debt and the principal of such debt
falling due in and for the year eighteen hundred and seventy-four, and
for all liabilities of the city of New York, by reason of the annexation
Taxes, how thereto of territory lately a part of Westchester county, and for the
appropriated.  expenses of conducting the public business of said annexed territory
for and during said year, and the liabilities incurred by the board of
education of said territory during the year eighteen hundred and seventy-three, which are hereby made an obligation of the city of New
York; and the aggregate amount of said estimate, after deducting the
estimated amount of the revenues of the general fund of the city of
New York, not otherwise specifically appropriated by law, including
surplus revenues of the sinking fund for the payment of interest on
the city debt, shall be established and be the amount to be raised for
all such purposes, by tax, within the city and county of New York for
the year eighteen hundred and seventy-four, and the amount thus established shall be certified to the board of supervisors by the compApport on- troller; and the said board of supervisors are hereby empowered and
ments, when
certified, to directed to cause the amount so certified to be raised and collected in
be raised by
tax.      the year eighteen hundred and seventy-four, by tax upon the estates
by law subject to taxation within the city and county of New York.
But the aggregate amount of the estimates for the year eighteen hundred and seventy-four, to be made by the said board of estimate and
apportionment, shall not exceed the amount of the estimate heretofore




129
made by the said board, as aforesaid. In the estimate, so to be made,
no sum shall be included, except the same be appropriated for a specified department or purpose, and no sum shall be appropriated for Special contingencies.
special contingencies.
SEC. 2. The said board of estimate and apportionment shall have the Unexpended
appropriapower at any time to transfer any appropriation for any year which tibns may be
transferred.
may be found, by the head of the department for which such appropriation shall have been made, to be in excess of the amount required or
deemed to be necessary for the purposes or objects thereof, to such
other purposes or objects for which the appropriations are insufficient,
or such as may require the same; and if it is found at the time when
the estimate is made of the expenses of conducting the public business
of the city of New York for the next succeeding fiscal year, that there
will be a surplus or balance remaining unexpended of any appropriation
then existing at the end of the current fiscal year, such surplus may be
applied to like purposes in the next succeeding year.
SEC. 3. The amount of money required by provision of section eight of
chapter seven hundred and two of the laws of eighteen hundred and
seventy-two, to be included in the amount to be raised by tax in the
year eighteen hundred and seventy-three, by section four of chapter
ninety-five, laws of eighteen hundred and seventy-three, to be included
in the amount to be raised by tax in the year eighteen hundred and
seventy-four, shall, instead of being raised in eighteen hundred and
seventy-four, be raised and included in the amount to be levied by tax
in the year eighteen hundred and seventy-five; and in anticipation of
the levy and collection thereof, the comptroller is authorized and re- Comptroller
quired to issue revenue bonds for such amounts as may from time to to issue
revenue
bonds in lieu
time be required to be paid pursuant to the provisions of section seven f taxes for
of said chapter seven hundred and two of the laws of eighteen hundred 1874
and seventy-two, such revenue bonds to be paid from the amounts so
to be raised by tax in the year eighteen hundred and seventy-five. This
act shall not be construed to authorize said board to reduce or transfer
any appropriation heretofore or hereafter made for the purposes of
carrying out the provisions of the acts mentioned in this section; and
9




130
except as herein modified, all the provisions of chapter seven hundred
and two of the laws of eighteen hundred and seventy-two are confirmed
and continued in full force and effect.
Tax levy     SEC. 4. No moneys shall be levied and raised in the year eighteen hunfor 1874
limited.    dred and seventy-four by tax within the county of New York for the
purposes authorized by section seventeen of chapter five hundred and
thirty-five of the laws of eighteen hundred and seventy-three, excepting
such expenses as may have been actually incurred by the commission in
said act named.
SEC. 5. This act shall take effect immediately.
(N.),
Chapter 303.
AN  ACT in relation to the estimates and apportionment for the
support of the government of the county of New York.
Passed April 30, 1874; three-fifths being present.
The People of the State of New  York, represented in Senate and
Assembly, do enact as follows:
Estimate     SECTION 1. The board of estimate and apportionment constituted by
and appropriations,  section one of chapter seven hundred and seventy-nine of the laws of
how levied
anda collect- eighteen hundred and seventy-three, is hereby authorized by a concured.
rent vote of all the members thereof, at any time before the first day
of July, eighteen hundred and seventy-four, to reconsider, revise, and
redetermine the estimate heretofore made under the provisions of said
act for the year eighteen hundred and seventy-four, and the estimates
so reconsidered, revised, and redetermined and approved by the concurrent vote of all said members, shall thereby be appropriated as the
amount of money required to defray all the various expenses necessary




131
for conducting the county government, and for supporting inmates of
asylums, reformatories, and charitable institutions chargeable by existing provisions of law upon the county of New York, and for defraying
all legal charges against the county of New York under special laws,
and also for paying the interest on the county debt and the principal of
such debt falling due in the year eighteen hundred and seventy-four,
and the proportion of the state tax for the year eighteen hundred and
seventy-four payable by said county, and thereupon to fix and determine the amount of such estimates and various expenses and charges
after deducting the estimated amount of county revenue not otherwise
appropriated by law, which amount, when so fixed and determined,
shall be certified to the board of supervisors of the county of New York
by the Comptroller; and said board of supervisors are hereby empowered
and directed to cause the amount so certified, to be levied and collected
in the year eighteen hundred and seventy-four, by tax upon the estates
within the county of New York subject to taxation. But the aggre-:gate amount of the estimate for the year eighteen hundred and seventy- Estimates
for 1874 limfour, to be made by the said board of estimate and apportionment, ited.
shall not exceed the amount of the estimate heretofore made by the
said board as aforesaid. In the estimate so to be made no sum shall be
included, except the same be appropriated for a specified department,or purpose, and no sum shall be appropriated for special contingencies.
SEC. 2. The said board of estimate and apportionment shall have the Appropriations may be
power at any time to transfer any appropriatian for any year which transferred.
may be found by the head of the department for which such appropriation shall have been made to be in excess of the amount required or
deemed to be necessary for the purposes or objects thereof, to such
other purposes or objects for which the appropriations are insufficient,
or such as may require the same; and if it is found at the time when
the estimate is made of the expenses of conducting the public business
of the county of New York for the next succeeding fiscal year, that
there will be a surplus or balance remaining unexpended of any appropriation then existing at the end of the current fiscal year, such surplus may be applied to like purposes in the next succeeding year.




132
Change of    SEC. 3. The payment of the bonds authorized by section three of
time for paying instal. chapter ninety-five of the laws of eighteen hundred and seventy-three,
ment on
bonds.    instead of commencing in the year eighteen hundred and seventy-four,
as therein provided, shall have the first installment thereof paid in the
year eighteen hundred and seventy-six, and the other installments
annually thereafter.
SEC. 4. This act shall take effect immediately.
(0.)
Chapter 326.
AN ACT to limit in certain respects the effect of certain repealing clauses in a bill which has passed the Senate and Assembly, at the present session, entitled " An act to reorganize
the local government of the city of New York," so that such
bill shall, as a law, conform to the intent of the legislature.
Passed April 29, 1873; three-fifths being present.
The People of the State of New  York, represented in Senate and
Assembly, do enact as follows:
Indictments   SECTION 1. Nothing contained in the bill or act entitled " An act to
and prosecntions.    reorganize the local government of the city of New York," passed at
this session of the legislature, shall affect any right heretofore accrued
or liability heretofore incurred, or prevent the indictment, or prosecution under indictments found or to be found, of any person or persons,
for any offense or offenses heretofore committed, and all such rights,
liabilities and offenses shall remain subject to redress, enforcement and
punishment in like manner as if the acts so repealed as aforesaid had
remained in full force.
SEC. 2. This act shall take effect immediately.




GENERAL INDEX.
A
PAGE.
Absent members, authority to compel attendance.............                         5
Abstract of meetings of Board of Aldermen, and all departments, to be published in the City Record.........   9, 82
ACCOUNTS OFcity and county, mode of keeping......................  14, 25
city treasury, annual close and examination of......                      29
Acting Mayor, powers of....................................                        15
ADVERTISINGfor departments to be in the City Record..............  66  67
in English and German papers......................83, 84, 127
Aldermen-see BOARD OF.
Aldermen at Large.........................................  3, 106
Annual salaries of officers..................................                      96
Appointments and removals to be published................          82
Appropriations, unexpended, may be transferred..........92, 114, 129
Areas................................................             13
Armories and drill-rooms...................................                       127
Arrests by police force.....................................  40, 41
Ashes and garbage.........................................                         12




134
ASSESSMENTSPAGE..
when valid and binding..............................                            23
Bureau for Collection of.............2........                26, 27
for all street improvements, to be collected only once.                      114
Assistant Aldermen-see BOARD OF.
Attorneys, by whom  appointed.............................                              32
Auction-see PUBLIC AUCTION.
Auditing Bureau, Department of Finance....................                               26
Awnings and awning-posts.................................                               12,
B
BANKSweekly statement of city deposits to be made by.......                          28
how  chosen........................................                  30
Banners.................................................           13
Bids-see CONTRACT.
Board of Assistant Aldermen, abolished after January 1, 1875..  2, 106l
BOARD OF ALDERMENlegislative powers vested in.........................1, 2, 4, 10
term  of office of, and when elected....................2, 3, 105
Aldermen for eighth senate. district, and twenty-third
and twenty-fourth  wards.........................                           2'
Aldermen  at Large.................................  3, 106
vacancy in.........................................   3, 106
boards to meet in separate chambers...................        4
officers of, how  elected..............................    4, 8
Alderman  not to   act  as  magistrate  in   any  judicial
proceeding.....................................                            5
expulsion of members of............................  5, 109




135
BOARD OF ALDERMENPAGE.
occasional and stated meetings........................                     5
legislation of, to be by resolution and ordinance.........                 5
proceedings of, in case of veto by Mayor...............                     6
legislative acts may originate in either board............                 7
abstract of meetings to be published in City Record.....    9, 10
President of, maiy act as Mayor.......................     15
to investigate and report upon the annual estimate......                   89
meetings of Board...................................                    110
salaries of members.................................                     115
BOARD OFCommissioners of Sinking  Fund.....................                      73
Education........................................24, 88, 111
Estimate and Apportionment, how organized...........                    88
to make an annual estimate, and submit the same to
Common Council................................  88, 89
may authorize the issue of stock....................                91
may transfer unexpended  appropriations.........91, 92, 129
may revise and alter the annual estimate for 1873.....                127
may revise and alter the annual estimate for 1874....127, 130
Street  Opening  and  Improvement,  organization   and
duties  of........................................                   74
Supervisors, duties of (see SUpE            RV    S    ORS).............. 90, 128
BOARDSpowers and duties of, as defined in Article XVI.........                 64
to keep a record and publish weekly statement of transactions........................................       82
Bribery in all forms punished as felony......................                    70
Buildings-see DEPARTMENT.
Bulkheads.................................................                        64




136
BUREAUSPAGE.
may be consolidated..................................                        22
list of their powers and duties........................                         26
in Law  Department.................................                           33
in Department of Public Works.......................                          50
in Department of Charities and  Correction............                       54
in Fire Department..................................  55
in Health Department................................                           58
chiefs of, in any department, to give information whenever required by taxpayer........................  78, 80
C
Cabmen, cartmen, and car-drivers...........................                           13
Canvass of votes...........................................                           87
Certificate of appointment.................................                           68
Chairman of Finance Committee to be member of Sinking Fund
Com m ission.........................................                        73
CHAMBERLAIN, CITYappointment and duties of.........................27, 30, 116
may select the banks or trust companies in which to
deposit the city funds........................... 30, 117
salary allowed to, in lieu of fees and commissions......  31, 73
commissions received by, credited to the Sinking Fund..  31, 32
may appoint his deputy and other officer...............                       31
to be a member of Board of Commissioners of Sinking
Fund..........................................                     72,  73
to make weekly statement to Mayor and Comptroller... 31, 117




137
PAGE.
Charters, Dongan and Montgomerie.......................                        102
City Marshals............................................  68, 99
City officers not to hold State or Federal offices...............                94
CITY RECORDto be published under contract....................82, 83, 84
appointment of supervisor and officers of.............82, 83, 86
to publish only official reports, advertisements of depart.
ments, etc......................................       83
abstracts of  minutes of  Board  of  Aldermen  to  be
published in..................................                9
to  be verified  by  Comptroller,  bound  and  recorded
quarterly.......................................                     10
contents  of, to  be  accepted  as  official  in  judicial
proceedings.....................................                   10
approved ordinances and resolutions to be published in..                 14
ten per cent. on contract for publishing reserved........                85
CITY RECORD TO PUBLISHquarterly statement of Mayor........................       17
quarterly reports from  the various departments.........                20
advertisements of lost property......................   44, 45
bids and proposals for departments....................                  66
notices for street openings and improvements..........                   75
quarterly reports of Commissioners of Accounts.......       78
annual statement of Comptroller......................                   79
brief abstracts of the weekly business of all departments.                82
an  annual  list  of  all  officers  and   subordinates  of
departments.................................        86
revised annual estimates of Board of Apportionment..   89, 90
Civil and consulting engineers............................                 94, 114




138
CLERK OF BOARD OF ALDERMENPAGE.
to be Clerk of Common Council.......................4, 8, 110
to be Clerk of Board of Supervisors................... 8, 110
to prepare abstract of meetings of Board for publication.                9
CLERKSand other officers, to be officers of the Board of
Supervisors.....................................    8, 110
salaries  of..........................................                   9
in departments, how appointed and removed........... 21, 22
in office of Chamberlain............................. 31, 117
prohibited from being interested in contracts..........               72
may be summarily examined on affidavit.............                   80
COMMISSIONERS OF ACCOUNTSappointment of...................................... 77, 78
shall annually examine the accounts of the city treasury.              29
to make quarterly and other reports..............                 78
salaries of................................ 97, 115
Commissioners of Estimate and Assessment in street matters..                  76
Commissioners of the Sinking Fund........................                     73
Commissioners of various departments-see DEPARTMENT.
COMMON COUNCILenumeration of powers of............................  10-14
prohibited from imposing taxes, creating debts, etc......              14
see BOARD OF ALDERMEN.
Compensation-see SALARY.




139
COMPTROLLERPAGE.
to verify and record, quarterly, bound copies of the City
Record..........................................                     10
relative to term  of office of...........................                17
powers and duties of, as head of the Finance Department......2...................................                   2, 25
to  be  member of Board of Commissioners of Sinking
Fund..........................................               73
to  be member of Board  for Street Opening  and Improvement......................................                     74
when authorized to borrow moneys onbonds, etc........                    77
at end of each fiscal year to publish a financial statem ent...........................................                   79
to furnish to each department a weekly statement of its
accounts.......................................                 111
Consolidation of city and county........................   107, 108
Consulting engineers, when may hold more than one office.....                    94
Contested elections, costs of, how  defrayed..................                   93
Contractor to give security...............................                       66
CONTRACTSnot binding without an appropriation.................                   23
for lighting streets and avenues......................                   51
to  be made  and  published  by  the  respective  departm ents..........................................                   65
to be executed and filed in duplicate..................                  67
not to be awarded to persons in arrears to the city......                70
corporation officers not to be interested in..............                72
when declared void.................................                     72




140
CONTRACTSPAGE.
for publishing the City Record........................  82-84
for printing and stationery................84, 85, 87, 114, 125
separate  contract may  be made for maps, engravings,
etc.......................................             85
for removal of contents of sinks and privies............                   122
CORPORATION, CITYorganization  of......................................                         1
legislative powers of, how  vested......................                       I
executive powers of, how vested......................                       14
county of New  York, consolidated with...............                       107
Corporation Attorney......................................                           33
COUNSEL TO CORPORATIONappointment of, by Mayor...........................                         17
head of the Law  Department.........................  32, 33
salary allowed to, in lieu of fees.......................  33, 96
Corps of Sappers and Miners in Fire Department.............121, 122
Counsel in case of contested election.........................                       93
County of New York, acts to consolidate with the City of New
York.............................................107, 108, 130
County buildings, act for completion of......................                      124
Croton water, supply and revenues of........................  49, 50




141
PAGE.
Denominational or religious schools......................... 54, 111
DEPARTMENT OFBuildings:
quarterly report of business of, to be made to
M ayor......................................                   21
appointment and duties of officers of............17, 62, 112
act defining duties of Commissioners of...........                  124
Docks.............................................  20, 64
Finance-see COMPTROLLER.
Fire-see FIRE DEPARTMENT.
Health-see HEALTH DEPARTMENT.
Law-see LAW DEPARTMENT.
Police-see POLICE DEPARTMENT.
Public Charities and  Correction.......................                   53
Public Parks....................................... 60, 119
Public Works...................................  48, 49
officers, their powers and duties............                        48-51
bureaus  of.........................................    49-51
act defining duties of Commissioners of, in repavement
of streets, etc.........................                            120
Departmental estimates....................................                         89
DEPARTMENTS, HEADS OFtheir appointment and removal......................17, 18, 19
to appoint chiefs of bureaus, clerks and employees...                    21
may consolidate two or more bureaus..................                      22
not to be interested in any contract or work............                   72
to furnish certified copies of all papers or accounts
requested.......................................                   78




142
DEPARTMENTS, HEADS OFPAGE.
summary examination of, on affidavit..................                                80
to publish weekly abstracts in the City  Record.........  82, 86
salaries  of..........................................         96
Deputy Clerks of Board of Aldermen........................                                     8
Deputy Comptroller........................................                                     25
Docks, Department of.....................................  18, 64
Drill officers in Fire Department.............................                               121
Duties of Officers-see POWERS AND DUTIES.
E
Education, provisional estimates for.....................           88
ELECTIONof Aldermen and Aldermen at Large..................                                    2
increase of vacancy.............................                                      3
of Mayor......................................        15
of temporary Chairman of Board......................                                  16
of city officers, provisions of law  in relation to..........                         74
election canvass to be published in City  Record.........                             87
contested, cost of....................................                               93
booths, under control of police force..................                              43
Encroachments and street obstructions.....................                                     11
Estimates, provisional................................... 88, 89, 90
Estimates for 1873 and 1874, revision of................126, 127, 130
Executive power of the Coporation.........................                                    14
Extension line of piers and  bulkheads.......................                                  64
Expenditures by Board of Aldermen........................                                   7, 9
Expenses in publishing City Record..........................                                   83
Expiration of terms of office................................                                 98
Expulsion from  legislative boards..........................                                109




143
F
FEESPAGE.
in offices of city  government, abolished...............                         68
in bureau of Law  Department.......................                              33
received by all city officers to be paid weekly in city
treasury........................................                       69
of City Chamberlain.................................                            117
Finance Department-see COMPTROLLER.
Finances, city, Mayor to make annual statement of...........                               16
Financial statement  to   be  published   before   each   charter
election.........................................                          79
FIRE DEPARTMENTCommissioners  and  Bureaus........................20, 55, 57
government and discipline of.........................                             56
Commissioners of, to publish quarterly report in City
Record.........................................                           21
rules, discipline, orders and fines.....................                         56
relief  fund..........................................                             56
membership, qualifications for....................... 57, 112
general powers of Commissioners.....................                              57
repeal of former acts relating to.......................                         100
organization of corps of sappers and miners, and duties..121, 122
appointment of drill officer...........................                         121
shall establish depot for explosives....................                        122
Fire  Marshals............................................                                55
Flags or placards in  streets................................                             13
Funds held by  County Treasurer.......................      108




144
G
PAGE.
General provisions, powers, and limitations.................                       64
General powers of the departments..........................                        99
Heads of Departments-see DEPARTMENTS, HEADS OF.
HEALTH DEPARTMENTorganization of..................................  20, 57
bureaus of..........................................                       58
may appoint an attorney, with salary.................                     58
shall publish a "sanitary code," and punish violations of 58, 59
powers conferred by former acts merged in the......... 60, 112
shall make new contract for removal of contents of sinks
and privies......................................                   122
House of Detention for Witnesses...........................                        41
Indictment, act continuing in force laws relating to...........                   132
Inquisitions of coroners, to be recorded.....................                     58
Inspection and sealing of weights and measures...............                      13
Inspector of Street Cleaning................................        46
Insurance Fund, Police....................................                       101
Intoxication,  fighting,  etc., power of  Common  Council  to
regulate.......................  I............       13




145
J
PAGE.
Junk dealers, pedlers, etc., Common Council shall license......                         13
Jury and military duty, exemption from.....................                              41
Justices of the Supreme Court, trials for malfeasance in office
to be brought before.............................  80, 81
Justices of the district courts, salaries of, fixed................ 98, 116
L
LAW DEPARTMENTorganization  of......................................  20, 32
Counsel to Corporation, appointment and term of office
of.........................................  21, 33
bureaus in........................................                               33
salary allowed to counsel in lieu of fees...............  33, 96
Legislative acts of Common Council to be approved by Mayor..                               5
Legislative powers of Corporation...........................                              1
Licenses, authority to grant, vested in office of Mayor........                          13
Liens on premises for water rents..........................  52, 53
M
Manual, City, not to be printed at public expense.............                            86
Market property, conditions of sale or lease of................                           73
Markets excepted from  sale............................                113
MAYORveto   by.............................................                            6
may approve and sign certain portions of an  ordinance..                       6, 7
not to approve any ordinance until after expiration of
three days......................................                           9
10




146
MAYORPAGE.
first election of.....................................                   15
when President of Board may act as...................  15, 16
general duties of.....................................                    16
may appoint his clerks and subordinates..............                     17
shall nominate heads of departments.................                     17
how removed........................................     19
may remove heads of departments, for cause..........                     19
may  fill vacancy  for  balance  of  term   in  Board  of
Aldermen....................................... 20, 119
to  be  a member  of  Board  of  Street  Opening  and
Improvement.............................       74
amendment to act prescribing election, etc., of.........                 110
amendment to act prescribing time allowed in approval
and return of official papers......................                110
Meetings of Board of Aldermen.............................                      110
Meetings of Board of Supervisors...........................                       90
Messages and reports, number of copies to be printed, limited..                   86
Meter, water, bills for use of, a lien on premises..............  52, 53
Metropolitan police and fire districts, repeal of provisions of an
act providing for...............................                   100
Monthly statement, Chamberlain to make....................                      29
N
Notice to be given to Comptroller on recovery of judgment....                     77
Notices for street improvements to be published..............                    75




14 7
0
PAGE.
Oath of office to be taken by all persons in employ of city
government....................................                    68
Oath to be taken in settlement of account................... 23, 38
Officers under city government, summary examination of......                  80
Officers and heads of departments, salaries of................  96-98
Official hours of business to be published.................... 87
Opening of streets.........................................                   11
ORDINANCE OR RESOLUTIONto be submitted to Mayor for approval................6, 9, 110
proceedings in case of veto of.........................                 6
may originate in either board.........................                  7
to be published in City Record before final approval.....                9
power vested in Board of Aldermen to modify or repeal..                10
adopted under acts passed in 1870, to continue in force..    102
P
PAY-ROLLSwarrants for amount of, may be payable  to  a single
officer........................................... 24, 111
of Board of Education................................24, 111
POLICE DEPARTMENTto make quarterly report to Mayor..................... 20, 21
appointments and  removals  vested  in  four  commissioners.........................................  34
appointments  and  removals  to  be published  in  City
Record........................................    36,37




148
POLICE DEPARTMENTPAGE.
Commissioners of Police, term  of office of.....18, 34, 98, 99, 118
powers and duties of....................  34, 48
term  of office of, in 1873.......................                    98
dismissals...........................................             41
House of Detention for Witnesses....................                          41
military assistance when board may demand............                          37
police surgeons......................................                          43
President of Board...................................                          17
rules and regulations.................................                        40
salary and pay of officers and members of..............                        36
special patrolmen, and powers of......................                        37
station houses.......................................                        39
trial of witnesses....................................                        38
police insurance fund...........................             101
POWERS AND DUTIES OFActing  Mayor..................................          15
Board of Aldermen or Common Council........4, 10, 11-14, 106
108, 120
Board of Aldermen, denied  judicial powers............                         5
Board of Commissioners of Sinking Fund..............                         73
Board of Police.............................     45, 46, 118
Board of Street Opening..............................                         74
Board of Estimate and Apportionment...... 88, 92, 126, 127, 131
City Chamberlain..................................27-32, 116
Clerks of Board of Aldermen,.........................89, 110
Commissioner of Public Works.................  51-53, 95
Commissioners of Public Parks.......................                        11
Common Council...................................10, 14, 65
Comptroller and Finance  Department.............. 22-25, 111




149
POWERS AND DUTIES OFPAGE.
Counsel to Corporation, and officers..................  32, 33
Department of Public Parks..........................                     60
Deputy Commissioner of Public Works................                      48
Deputy Comptroller................................  25, 26
Fire Commissioners...............................55, 57, 121
Fire Marshal..................................                          55
Heads of departments.........................21, 22, 88
Health Department................................. 112, 122
Inspector of Combustibles......................           55
Justice, in summary examination of officers............                  81
Mayor..............................................  15-20
Metropolitan  Board  of  Health, as merged  in  Health
Department.............................59, 60, 110, 112
Police Commissioners............................ 45, 46, 118
Police   force.........................................                   40
Sanitary Superintendent..........................                         58
Special patrolmen.............................    37
Superintendent of Buildings..................62, 112, 113, 124
Supervisor of City Record............................                     86
Supervisors, county......................90, 107, 126, 128, 131
Various boards and officers of city government.........                  64
PRESIDENT OFBoard of Aldermen, and salary.......................                4, 115
each department, entitled to seat hi Board of Aldermen.                    4
Department of Public Parks and Public Works, Mayor
not authorized to appoint.......................                   17
Board of Police, to be members of Health Department..                     57
Department of Taxes and Assessments................                      63




150
PRESIDENT OFPAGE.
Board of Aldermen, to be  member of Board of
Estimate, etc....................................       88
Printing, City Record-see CITY RECORD.
PRINTING AND STATIONERYshall be furnished under contract.....................                        84
proposals and specifications for, to be filed.............  84, 85
blanks and blank-books...............................                          84
separate contracts for wood-cuts, maps, etc............                       85
judgments against city for, not valid unless done under
contract........................................                         85
messages, reports, etc., limitation of copies.............                     86
may be ordered and furnished without contract.....87, 114, 125
see also CITY RECORD.
Proceedings in case of veto................................                6
Property to be sold  at auction............................                          67
Proposals for contracts to be advertised..................            66
Provisional estimates, what to contain in detail...............  88, 89
Public Administrator, bureau  of............................                           33
Public amusements........................................              13
PUBLIC AUCTIONwhen Property Clerk of Police Department may sell'at..                        45
all property of the Departments to be sold at...........  67, 68
proceeds of sales to be deposited with Chamberlain......                      67
Commissioners of Sinking Fund may sell or lease market
property at....................................                    73, 113
Public fountains..........................................                             14
Public Works-see DEPARTMENT OF.




RTERL REORTSQUARTERLY REPORTSPAGE.
from  departments, to be published....................                   21
from  Counsel to Corporation..........................                    33
QUORuMmajority of any board to constitute a..................                   64
of Board of Aldermen...............................                       4
of Board of Commissioners of Estimate and Assessment..                    77
R
Religious or denominational school.................1........                      1
REMOVALSheads of departments...............................                      19
Deputy Comptroller..................................                      25
to be published in City Record........................                    82
REPAVING OF STREETSonly one assessment for............................   95, 114
assessments on adjoining property for.................                  114
act providing for a more uniform  system  for...........                120
to be done by Department of Public Works.............                   120
costs of, to be inserted in annual tax levy.............. 95, 120
Resolution-see ORDINANCE.
Richmond, County of.....................................                         47
S
Salary, in lieu of fees, commissions, etc., for all city officers...              68
SALARY OFAttorney...........................................                      58
Chamberlain......................................31, 96, 117
chief officers under city government, list of.............                96




152
SALARY OFPAGE.
clerks...............................................                              8
Commissioners of Accounts........................ 78, 115
deputy clerks.......................................  8
Drill Officer of Fire Department.......................                         121
justices of district courts............................. 98, 116
members of Board of Aldermen.......................     115
SALARY OFofficers of the city government, to be fixed by Board of
Apportionment..................................                              70
officers of the city government, to be fixed by the
Common  Council...........................           70
policemen...........................................                               36
President of Board of Aldermen.......................                            115
presidents and heads of departments....................    96
subordinates in  departments......................... 98, 115
Superintendent of Police............................. 98, 115
Salaries in detail, under section 116..........................  96, 97
SANITARY CODE —
Board of Health to revise and  adopt...................  58, 59
additions may be made to and  published...............                             59
penalties for violations of.............................                          59
Sanitary Superintendent...................................                58
Sappers and miners in Fire Department.....................121, 122
Sinking Fund, Board of Commissioners of....................  73, 74
Sinks and privies, contract for removal of contents of.........                           122
Special patrolmen, and duties of............................                               37
Special contingencies, excluded from  annual estimates........                           129




153
PAGE.
Stated and occasional meetings.............................    111
Stationery and blanks, proposals for printing................           84
Station-houses and sub-stations............................             39
Stolen property, taken by police force, how disposed of....... 43, 44
STREETSpowers of Common Council to regulate..............10, 11, 12
Inspector of Street Cleaning.........................            4
duties of Commissioner of Public Works as to obstructions,
repairs, or improvements in...................49, 50, 120
avenues, boulevards, etc., above Fifty-ninth street......        53
pavement of, by assessments, how  affected.........95, 115, 120
repavement of, cost of, to be by general tax....95, 114, 115, 120
Street Cleaning Bureau, under control of Police Department...           46
SUBORDINATESnot to receive as large salaries as chiefs................        98
in  departments, changes of and  annual list  to  be
published....................................   86
Subpcenas; Police Board may issue..........................             38
Summary examinations of all elected or appointed officers.....           80
Supervisor of City Record, duties and powers of............ 82, 83, 86
SUPERVISORS, BOARD OFclerks of Board of Aldermen to be clerks of............ 8, 110
organization and powers of.......................... 90, 91
transfer of liabilities and duties of, to Board of Aldermen........................................ 107, 108
empowered to raise the revised estimates for 1873 and
1874......................................  126, 128,  131




154
SUPERINTENDENT OFPAGE.
Buildings................................62, 97, 98, 112, 113
M arkets............................................                     27
Police, duties and salary of............. 34, 42, 46, 98, 99, 115
Repair yard in Fire Department, term  of office of.......                  99
Sanitary, of Health Department......................         58
Superintendents of bureaus of public works..................  50, 51
Surgeons of police, appointment of........................  35, 99
T
Tax payers, rights of, to examine books of Finance Department, etc................................  80
TAXESBoard of Supervisors authorized to raise......90, 91, 126, 128,
129, 131
Bureau for collection of.........2....................                    27
Common Council prohibited from  imposing............                     14
Corporation  officers not to  be  interested  in  property
sold   for.........................................                   72
Taxes and Assessments, Department of......................  21, 63
Treasurer of Board of Police, to give bond, with surety........                   42
U
Unexpended balances of appropriations, transfer of...92, 111, 114. 129
V
VACANCIESin Board of Aldermen.................................  3, 106
in office of Mayor...................................                      16
in departments, Mayor authorized to fill...............                   20




155
VETOPAGE.
by Mayor, to be entered on minutes of Board...........    3, 6
proceedings and vote in case of.......................                6
Vote, official, trial and penalty for violation of intent of.......         71
Votes, election, canvass of, to be published in City Record.....           87
W
Wages, to be paid as per pay-roll...........................    111
Water-meters, a lien on premises............................               52
Water-pipes, laying of, etc.................................               50
Water-rents, bureau for collection of........................              26
WEEKLY STATEMENTbanks and trust companies to transmit................              28
City Chamberlain to transmit to Mayor...............               31
from all departments to be published in City Record....            82
Comptroller directed to furnish to heads of departments.    111
Witnesses, in case of summary examination.................                81